Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

National extraction and social origin. The Committee notes the Government’s very brief report in which it states that efforts will be made to bring the national legislation into conformity with the Convention taking into account the Committee’s comments concerning discrimination based on national extraction and social origin, which is currently not expressly banned in the Constitution and the national legislation. The Committee hopes that the Government will now be able to add the grounds of national extraction and social origin to those in the Labour Code as prohibited grounds of discrimination, and asks the Government to keep it informed of any progress made in this regard. Please also indicate the manner in which workers are protected from discrimination based on national extraction and social origin in practice.

Protection against discrimination of non-citizens. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/ATG/CO/9, 11 April 2007) expressing concern that the de facto segregation of the immigrant population may result from private practices and certain economic and social conditions. Furthermore, the Committee notes that, according to article 14 of the Constitution, the prohibition of non-discrimination ”shall not apply to any law so far as the law makes provisions with respect to persons who are non-citizens”. The Committee recalls that the protection against discrimination in employment and occupation provided by the Convention protects citizens and non-citizens. The Committee asks the Government to indicate the measures taken to ensure that the immigrant population is protected against discrimination on the grounds contained in the Convention, and how it is ensured that non-citizens fully benefit from the rights derived from the Convention. The Committee encourages the Government to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Articles 1 and 2 of the Convention. The Committee recalls its previous comments in which it reminded the Government that the banning of discrimination is generally insufficient to eliminate it in practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the strategic plan of 2001 developed by the Gender Affairs Department, and on whether the Government has taken, or envisages to take, any further or new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

Public sector. The Committee recalls the Government’s statement that the categories of workers excluded by section A6(2) of the Labour Code (established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status) are covered by the Civil Service Act and Civil Service Regulations. The Committee notes, however, that the Civil Service Act does not expressly protect civil service employees against discrimination on the grounds provided by the Convention. It also notes that the Minister can adopt regulations prescribing the terms and conditions of employment of the civil service. The Committee recalls the Government’s obligation to protect all categories of workers against discrimination in employment and occupation. It urges the Government to provide information on the manner in which civil servants, persons in the naval military or air force, the police force and persons holding diplomatic status are protected against discrimination in employment and occupation. Please also provide copies of any Civil Service Regulations concerning terms and conditions of employment.

Statistics. Once again, the Committee must reiterate its request to the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

Part IV of the report form. In the absence of any information on this point, the Committee asks the Government to supply information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcome. Once again, it requests the Government to provide detailed information on the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.