ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Kitts and Nevis (Ratification: 2000)

Display in: French - Spanish

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2 of the Convention. Equality between men and women.The Committee notes that, despite the launch in 2018 of a project to develop a National Gender Equality Policy and Action Plan, this document is still in draft form although consultations were held with private and public stakeholders in 2020 and 2021. The Committee notes, from the “working draft 2021” attached to the Government’s report, that two of the “policy domains” (or strategic axes) of the document are “Decent work and inclusive economic growth” and “Special groups for gender mainstreaming” which include youth, older people, persons with disabilities, LGBTIQ people, and migrants. The Committee firmly hopes that the National Gender Equality Policy and Action Plan will be adopted soon and asks the Government to provide a copy once adopted.
Discrimination based on HIV status. In reply to its request for information on the results achieved through the implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011, the Committee notes the Government’s indication that six local companies (public and private) and four international corporations included HIV workplace policies as part of their workplace operational procedures. The Government however did not indicate if a review of the policy had been carried out in accordance with its section 12 (which provides that it should be reviewed at least every five years for changes and improvements which may be needed as a result of new medical developments, new policies relating to HIV and AIDS and other chronic diseases, and new legislation). The Committee asks the Government to indicate if any review of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011 has been carried out or is foreseen in the near future.
General observation of 2018. The Committee takes note of the information provided in reply to its previous comment regarding its 2018 general observation on discrimination based on race, colour and national extraction.
Enforcement and statistics. In its previous comment, the Committee urged the Government to act with a view: (1) to promoting equality in employment and occupation in the private and public sectors; (2) to providing information on the progress made towards the implementation of the Labour Market Information System (LMIS); and (3) to providing the results of the latest Labour Force Survey and statistical data on employment and occupation, disaggregated by sex. The Committee notes the statistical information provided by the Government in its 2019 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report, Appendix 5), as well as in the report submitted in February 2020 to the United Nations Committee on the elimination of all forms of discrimination against women (CEDAW) (CEDAW/C/KNA/5-9, 27 July 2020, page 28). This data shows gendered employment patterns in employment sectors, with male-dominated sectors such as fishing (100 per cent male), construction (88 per cent) and agriculture, hunting and forestry (78 per cent); and female-dominated sectors such as financial intermediation, health and social work, and employment in private household (around 70 per cent female for each). It also shows that there has been no change in these patterns between 2010 and 2017. The Committee also notes the indication, in the 2021 draft National Gender Equality Policy and Action Plan that women tend to be employed in the lowest paid occupations; have lower labour force participation rates than men and higher unemployment rates, with many women working part-time (less than 35 hours per week). The Committee notes the repeated assertions by the Government in its report, as well as in several reports to other international monitoring mechanisms (Beijing+25, CEDAW), that data collection presents serious challenges as statistics are not always available or not available in the required format (i.e. disaggregated by sex). In that respect, it takes note of the Memorandum of understanding signed on 5 February 2019 between the Department of Labour, the Department of Statistics (Ministry of Sustainable Development), the Ministry of National Security and the Social Security Board with a view to implementing the LMIS. Finally, the Committee notes the Government’s commitment to taking vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and to providing information on the activities carried out in the next reporting cycle. The Committeeasks the Government to provide information on the progress made in the implementation of the LMIS and statistical data on employment and occupation, disaggregated by sex. It furtherurges the Government to report on the specific activities carried out to promote equality in employment and occupation in the private and public sectors.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Legislative developments. Noting with regret that the Government has been providing the Committee with the same information for more than a decade now, the Committee firmly hopes that the new Labour Code will be enacted in the near future and that it will contain comprehensive provisions prohibiting:
  • (i)direct and indirect discrimination,
  • (ii)at least on all of the grounds set out in Article 1(1)(a) of the Convention,
  • (iii)in all aspects of employment and occupation, and
  • (iv)for all workers.
It also asks the Government to provide information on any additional grounds of discrimination as foreseen under Article 1(1)(b).
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Legislative developments. In its previous comment, the Committee noted the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation had been incorporated into the draft Labour Code. It was anticipated that the Labour Code would be adopted in the first half of 2016. The Committee expressed the hope that the new Labour Code would be in line with Article 1(1)(a) of the Convention; and asked the Government to provide information on the possible inclusion of additional grounds of discrimination as foreseen under Article 1(1)(b), including discrimination based on real or perceived HIV/AIDS status. The Committee notes the information provided in the Government’s report that the new Labour Code has still not been adopted but that the Government will take the necessary steps to ensure that it contains comprehensive provisions prohibiting direct and indirect discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee notes the Government’s statement that its request will be forwarded to the competent authority and the National Tripartite Committee for the inclusion of additional grounds of discrimination into the Labour Code, including discrimination based on real or perceived HIV/AIDS status. The Committee firmly hopes that the new Labour Code, containing comprehensive provisions prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation and for all workers, will be adopted soon and will contain comprehensive provisions implementing all aspects of Article 1(1)(a) of the Convention. It also asks the Government to provide information on any additional grounds of discrimination as foreseen under Article 1(1)(b).
Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes the information provided by the Government on the measures taken to promote the implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011. It notes that health education sessions and education on the policy were organized in five major business establishments which responded positively to the Government’s call to endorse the policy and adapt it in their workplace. The Committee notes that, according to section 12 of the policy, it should be reviewed by the Ministry of Labour, in collaboration with its Core Committee on Workplace Policy, every five years or sooner as deemed necessary for changes and improvements which may be needed as a result of new medical developments, new policies relating to HIV and AIDS and other Chronic Diseases, and new legislation. The Committee asks the Government to provide information on results achieved through the measures taken to promote the effective implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011 and to indicate if any review of the policy has been carried out in accordance with its section 12.
Article 2. Equality between men and women. In its previous comment, the Committee asked the Government to continue to provide information on the progress achieved in adopting the gender policy and to provide more information on the training activities offered by the Ministry of Gender Affairs and the Women’s Training Centre and on any other measures promoting women’s equal opportunities, including with regard to access to vocational training and education. The Committee notes that, on 29 November 2018, the Ministry of Community Development, Gender Affairs and Social Services launched a project in cooperation with the United Nations Education, Science and Culture Organization (UNESCO) to develop a National Gender Equality Policy and Action Plan. Completion of the project is foreseen for the end of 2019 when it will be forwarded to Cabinet and Parliament for enactment. The Committee also notes that the Government indicates that rates of completion of primary and secondary education levels are higher for girls than for boys whereas it is the reverse at the university level; and that the White Paper on Education Development and Policy 2009–19 acknowledges that there are gender issues in training and that many people consider that there should be separate training courses for men and women. However, the related strategic plan does not state specific objectives, strategies or activities. The Government adds that there is a consensus that a transformation of technical and vocational education and training (TVET) is critical: a TVET policy review, which is expected to address gender equality as a fundamental issue, is being carried out through the Ministry of Education as well as an initiative with a view to redesign, strengthen and expand TVET programmes and facilities. The Committee asks the Government to provide information on the outcome of the project to develop a National Gender Equality Policy and Action Plan and to provide a copy of these documents once adopted. It also asks the Government to provide information on the activities organized by the Ministry in charge of Gender Affairs, the Women’s Training Centre or any other institution in order to promote gender equality.
General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
Practical application and statistics. In its previous comment, noting, on the one hand, the Government’s acknowledgment that not much had been done to promote employers’ and workers’ awareness regarding equality in the workplace but that such training and awareness raising was envisaged in the future and, on the other hand, that the Labour Market Information System (LMIS) installed in 2012 was not yet operational and that statistical data regarding employment and occupation was still not available, the Committee urged the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors. The Committee requested information on the specific training and awareness-raising activities carried out and on how the Labour Market Action Plan addressed the principle of equality of opportunity and treatment in employment and occupation. It expressed the hope that the LMIS would soon be operational and that the Government would be in a position to provide the results of the 2014 Labour Force Survey and relevant statistical data on employment and occupation, disaggregated by sex. The Committee notes that the LMIS, which is a regional project administered by the Caribbean Single Market and Economy regime of CARICOM, has encountered some technical difficulties. In its report, the Government indicates that the LMIS is still in developmental stage. It does not provide any information on the results of the 2014 Labour Force Survey. The Committee also notes that, on 5 February 2019, the Department of Labour signed a memorandum of understanding with the Department of Statistics (Ministry of Sustainable Development), the Ministry of National Security and the Social Security Board with a view to the implementation of the LMIS. The Committee firmly urges the Government to take vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and to provide information on the activities carried out. It also asks the Government to provide information on the progress made towards the implementation of the LMIS and to provide the results of the latest Labour Force Survey and statistical data on employment and occupation, disaggregated by sex.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Legislative developments. The Committee notes the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation has been incorporated in the draft Labour Code, which has been tabled before the National Tripartite Committee, and was anticipated to be adopted in the first half of 2016. The Committee hopes that the Government will take all necessary measures to ensure that the new Labour Code will contain comprehensive provisions prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).
Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes with interest the National Policy on HIV/AIDS and Other Chronic Diseases 2011, which was developed in cooperation with the social partners. The Policy defines discrimination in accordance with the Convention, aims to provide guidance for the workplace with respect to people living with HIV and AIDS, and to ensure equal treatment in dealing with all workers, including job applicants living with HIV and AIDS. The Policy has a broad scope of application in terms of workers and economic sectors covered. The Policy includes guiding principles on recognition of HIV and AIDS, non-discrimination, gender dimensions, safety and health, social dialogue, screening for purposes of employment, prevention, reasonable accommodation, counselling, responsibility of employees, and protection from victimisation, as well as on disciplinary procedures and grievance resolution. The Policy makes specific reference to the HIV and AIDS Recommendation, 2010 (No. 200). The Committee requests the Government to provide information on the measures taken to actively promote the effective implementation of the National Policy on HIV/AIDS and Other Chronic Diseases 2011, and on the results achieved.
Article 2. Equality between men and women. The Committee notes the Government’s indication that the Ministry of Gender Affairs is procuring funding to complete the work on developing a gender policy, and that it conducts a number of training programmes to assist the public and private sectors in mainstreaming gender in the workplace. It also notes that training activities are offered to women by the Women’s Training Centre, and that a male officer in the Ministry of Gender Affairs conducts training programmes with men in the construction industry aimed at addressing their concerns, and upgrading their education and skills. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by Ministry of Gender Affairs for both men and women, and the Women’s Training Centre (women’s empowerment programme), particularly on the number of men and women that participated in such training, and the outcomes. Please also provide information on any other measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.
Other measures to apply the Convention. The Committee once again notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, such training and awareness raising is envisaged in the future. The Committee further notes that statistical data regarding employment and occupation are still not available, and that, according to the Government, the Labour Market Information System (LMIS) which was installed in 2012 is not yet operational. The Government further indicates that the data from the 2014 Labour Force Survey are still being analysed. The Committee urges the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation. The Committee hopes that the LMIS will soon be operational and that the Government will be in a position to provide the results of the 2014 Labour Force Survey and relevant statistical data on employment and occupation, disaggregated by sex.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Repetition
Legislative developments. The Committee notes the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).
Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS.
Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee notes the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place in 2011. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities foreseen for 2011. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS.

Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes that the provision on the protection of non-discrimination contained in section 15 of the Constitution covers discrimination based on race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex and creed. Section 15(1) provides that, subject to certain exceptions, no law shall make any provision that is discriminatory either by itself or in its effect. Section 15(2) prohibits discriminatory treatment “by any person acting by virtue of any written law or in performance of the functions of any public office or any public authority”. The Committee further notes that section 11(d) of the Protection of Employment Act prohibits the termination of a contract of employment on the grounds of race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex or creed, marital status or family responsibilities.

The Committee notes that section 15 of the Constitution does not cover all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention and that it does not appear to provide protection from discrimination that occurs with regard to private employment, while the Protection of Employment Act only addresses discrimination in respect of termination rather than all aspects of employment and occupation. The Committee therefore welcomes the Government’s intention to discuss the CARICOM Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the National Tripartite Committee, with a view to its submission and adoption by the National Assembly. Trusting the Government will take all measures necessary to adopt comprehensive legislation giving effect to the Convention, the Committee requests the Government to provide information on the measures taken and the progress made in this regard.

Other measures to apply the Convention. The Committee recalls that, while equal treatment legislation is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation in accordance with the Convention, such a policy should also include practical and promotional measures to ensure that the principle of equal opportunity and treatment in employment and occupation is observed in practice. The Committee therefore requests the Government to provide information on any practical measures taken or envisaged to promote equality, such as awareness raising or training on equality at work, publications, studies or surveys on discrimination, etc. The Committee also asks the Government to provide statistical data regarding employment and occupation, including vocational training, disaggregated by sex, race, ethnicity and religion, as soon as possible.

With regard to gender equality, the Committee notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Ministry of Gender Affairs promotes gender workplace policies. The Committee asks the Government to provide further information on the specific activities of the Ministry of Gender Affairs to promote equality of men and women in employment and occupation, as well as examples of workplace policies. It also requests the Government to provide an overview of the situation of women in both private and public employment and any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to training and education.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy.The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State.The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II–V of the report form. Application of the principles of the Convention.The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State.The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II–V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State.The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II to V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the first report of the Government of Saint Kitts and Nevis.

1. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II to V of the report formApplication of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer