Comments adopted by the CEACR: Grenada

Repetition

Article 2 of the Convention. Minimum wages. Concerning the establishment of the minimum wage rates, the Committee notes the Government’s indication that no review has been done since its last report because the country is under a Structural Adjustment Programme based on a Memorandum of Understanding with the International Monetary Fund and that salaries have since been frozen. The Government adds that, since the adoption of the New Minimum Wage Order in 2011, there is no disparity between wages of men and women, contrary to the 2002 Minimum Wage Order which specified different minimum wages for female and male agricultural workers. The Committee wishes to stress that the question it had asked related to the methods and criteria used to determine the minimum wage rates for the different occupations and industries so as to ensure that sectors with a high proportion of women are not undervalued compared to sectors in which men are predominantly employed. It recalls that, when setting minimum wages, the absence of differentiated minimum wage rates for men and women is not enough, as it is also necessary to eliminate any indirect discrimination, and in particular to ensure that certain skills considered to be “natural” to women workers are not undervalued, while those traditionally associated with men are not overvalued. In addition, the Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs based on objective criteria such as skills, efforts, responsibilities and working conditions. The Committee notes that, according to the Government, the National Training Agency has trained a significant number of persons, mostly young women (although there is no indication of year, numbers, types of occupations); and that, jobs that used to be male dominated (security and construction sectors) have now an increased number of women. However, the last National Labour Force Survey conducted by the Central Statistical Office shows that in 2014 women were still concentrated in certain sectors (wholesale and retail trade, public administration, education, health and social work) despite the fact that they tend to have higher diplomas than men. In light of the persistence of gender segregation in the labour market, the Committee asks the Government to indicate the concrete measures taken or envisaged to promote the access of women to a wider range of jobs at all levels, in particular in sectors in which they are currently under-represented. It reiterates its requests to the Government to indicate the methods and criteria used to determine the minimum wage rates and the steps undertaken to develop or implement objective job evaluation methods as required by the Convention.

Articles 2(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. In its report, the Government states that it is not in a position to provide information on the impact of the job evaluation exercise carried out in the context of a collective agreement signed by the Grenada Electricity Services (GRENLEC) and the Grenada Technical and Allied Workers Union (GTAWU) on the remuneration of men and women and that it will keep the Office informed when such a study is conducted. The Committee asks the Government to provide information not only on the collective agreement signed by GRENLEC and GTAWU, but also on any other job evaluation exercise carried out in the context of a collective agreement and on the steps taken to give effect to the principle of the Convention through cooperation with workers’ and employers’ organizations, including through training or awareness raising on the principle of equal value.

Article 3. Objective job evaluation. In reply to the Committee’s previous request that the Government develop and implement objective methods of evaluation and criteria that are free from gender bias, in the context of the review of the public sector job evaluation process, the Government merely indicates that in 2012 a Human Resource Audit of the Public Service was undertaken but provides no information on the objectives and results of this audit. Consequently, the Committee asks the Government to indicate whether this audit is a follow-up to the evaluation carried out in 2010 the results of which were not implemented due to concerns raised by workers’ organizations. It also wishes to obtain confirmation that this audit concerned a job evaluation exercise undertaken to ensure that the principle of equal remuneration for men and women for work of equal value is effectively applied in the public sector. It reiterates its request for information on the specific measures taken or envisaged to promote objective job evaluation in the private sector.

Monitoring and enforcement. In its previous comments, the Committee had asked the Government to communicate information on the impact of the wage adjustments mandated by an arbitration tribunal, which resulted in the principle of equal pay for work of equal value being applied to women and men working for the Grenada Ports Authority, as well as in compensation for differentials in pay. In its report, the Government indicates that, with the introduction of the equal pay for Seamen and Waterfront Workers Union and Technical and Allied Workers Union, generally workers were satisfied because they were carrying out similar tasks but Seamen and Waterfront Workers were receiving higher wages to that of Technical and Allied Workers Union. In this regard, the Committee asks the Government to provide sex-disaggregated data on the current composition of the staff of Grenada Ports Authority (in particular, the percentage of women working in that institution, at different levels, and in which categories of job they are concentrated).

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the 1894 United Kingdom Merchant Shipping Act, which was in force in Grenada, under which various breaches of labour discipline by seafarers not endangering the ship or the life or health of persons were punishable with imprisonment (involving an obligation to perform labour) and deserting seafarers might be forcibly returned to their ship to perform their duties. The Committee had noted that under sections 185(b) and (c), and 186(a) and (b) of the Shipping Act, 1994, No. 47, which repealed the 1894 Act, penalties of imprisonment still may be imposed for breaches of discipline such as disobedience to lawful command, neglect of duty, desertion and absence without leave. Moreover, section 191 of the Act provides for the forcible conveyance of deserting seafarers to ships registered in another country, where it appears to the minister that reciprocal arrangements will be made in that country.

The Committee notes the Government’s indication in its report that it endorses the comments made by the Committee to have the above-mentioned legislation amended to comply with Article 1(c) of the Convention. The Government states that it remains committed to ensuring that the competent authority (Ministry of Legal Affairs) amends the provisions of the Shipping Act, either by repealing the sections involving compulsory labour or by restricting their application to situations where the ship or life or health of persons are endangered with a view to bringing the legislation into conformity with the Convention. The Committee therefore reiterates its hope that the necessary measures will at last be taken with a view to amending the above provisions of the Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as it is the case, for example, in section 184 of the same Act), so as to bring the legislation into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on progress made in this regard.

Repetition

Legislation. Scope of application. In its previous comments, the Committee had asked the Government to provide information on steps taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers, who are excluded from the protection of the Employment Act (Act No. 14 of 1999) (section 4 and not section 26.4 as stated in the previous comments of the Committee) and of Labour Relations Act No. 15 of 1999 (section 3), are protected against discrimination in law and in practice. The Committee notes that the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee notes that the Government has not indicated how the police force, armed forces, prison guards or officers are protected against discrimination in employment and occupation on the grounds covered by the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks the Government to examine the possibility of reviewing the Police and the Prison Acts to insert provisions guaranteeing that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. Pending the adoption of such amendments, the Committee asks the Government to identify any steps taken or envisaged to ensure that these categories of workers benefit effectively from the protection of the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it had previously noted that a draft Sexual Harassment Bill was being prepared and had asked the Government to provide information on the progress of the draft Bill. In its report, the Government indicates that the draft Bill has not yet been tabled in Parliament. In this regard, the Committee notes that the Government has submitted a copy of the 2008 Concept Paper on sexual harassment in Grenada prepared by the Grenada National Organization of Women and social partners which prompted the development of the draft Sexual Harassment Bill. It notes the information that, in the meantime, a draft revised Employment Bill has been formulated which is addressing the issue of sexual harassment in employment and occupation. The Committee notes, however, that the definition enshrined in the draft (section 47.10) only tackles quid pro quo sexual harassment but omits hostile environment sexual harassment. It also notes that, according to the Government, law enforcement officials have received training on violence against women and have since been very responsive to such cases. The Committee hopes that the draft revised Employment Bill will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. It asks the Government to provide information on progress made in this regard, as well as regarding the adoption of the draft Sexual Harassment Bill. Pending the enactment of these Bills, the Committee asks the Government to indicate any steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness among employers, workers and their organizations about the issue and to report on cases dealing with sexual harassment in the workplace identified by law enforcement officials.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that the Ministry of Social Development regularly collaborates with relevant stakeholders, including social partners, in order to promote the principles contained in the Convention. It, however, notes that the report is silent on the existence of complaints and wishes therefore to reiterate that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, but instead could indicate a lack of awareness or understanding of the principles of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Article 3(e). Vocational training and employment services. The Committee notes the statistics provided by the Government on the number of persons having benefited from training at the National Training Agency (NTA) between 2013–16, which show that over these four years, most of the trainees were women (2013: 323 against 97 men; 2014: 105 against 29 men; 2015: 226 against 98 men; and 2014: 259 against 44 men). The Committee asks the Government to explain why women are the main NTA training beneficiaries and to indicate if there are other training institutions in the country. It asks the Government to provide more details on the 12 training areas offered by the NTA and on the steps taken or envisaged to ensure that both men and women are encouraged to enrol in training courses for jobs traditionally held by the other sex. The Committee asks the Government to provide information on the number of persons securing employment after completing technical and vocational training and on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection 1 does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection 1”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Statistics. The Committee notes the 2014 National Force Survey Results (2014 NFS), provided by the Government. The 2014 NFS identifies employment by “sex and industry” and by “sex and occupation”, as well as by reference to “Highest level of Education” (tables 5, 6 and 7). Regarding employment by reference to levels of education, the Committee notes that the rate of employment of women increases as the education level rises: 42.3 per cent of men with a primary education were employed against 28.3 per cent of women; 7.7 per cent of men with a post-secondary education were employed against 11.4 per cent of women; 13.8 per cent of men with a tertiary non-university education were employed against 18.0 per cent for women; and 5.6 per cent of men with a university level education were employed against 11.7 per cent of women. The Committee observes that a higher percentage of men are employed in the following industries: agriculture, forestry and fishing (14.3 per cent male to 5.8 per cent female); and construction (14.4 per cent male to 0.1 per cent female). However, women are more highly represented in the following industries: accommodation and food service activities (9.7 per cent female and 5.0 per cent male); financial and insurance activities (3.8 per cent female and 1 per cent male); public administration and defence and compulsory social security (11.5 per cent female and 8.4 per cent male); education (15.7 per cent female and 5.8 per cent male); human health and social work activities (10.7 per cent female and 2.3 per cent male). Furthermore, the representation of women is also higher in the following occupations: professionals (13.89 per cent female to 5.64 per cent male); clerical support workers (10.86 per cent female to 1.79 per cent male); service and sale workers (38.95 per cent female to 18.68 per cent male). The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the unequal rates of participation of men and women in education and in the labour market. The Government is also asked to provide information on the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their education and vocational opportunities.

Repetition

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee recalls that, in its previous comment, it had requested the Government to provide detailed information on each of the tripartite consultations held on matters concerning international labour standards covered by the Convention. The Government indicates in its report that tripartism is working well in the country to the extent that it has moved towards establishing a Committee of Social Partners. The said Committee includes civil society organizations and the conference of churches; it is responsible for the monitoring of the IMF Structural Adjustment Programme 2014–16 in Grenada, including labour reforms. Additionally, the Government specifies that a comprehensive review of the Labour Code was conducted during the 2014–15 period. Moreover, the Government recalls that, pursuant to section 21(2) of the Employment Act, the functions of the Labour Advisory Board reflect the provisions of Article 5(1) of the Convention. The Committee requests the Government to provide detailed information on the activities of the Labour Advisory Board on the tripartite consultations on international labour standards covered by the Convention, including full particulars on the consultations held on each of the matters listed in Article 5(1) of the Convention. The Government is also requested to indicate the intervals at which the abovementioned consultations are held, and the nature of the participation by the social partners during these consultations.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 188 of the Criminal Code prohibits the procuring of any female to become, either within or outside Grenada, a prostitute or to leave Grenada with the intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code did not seem to prohibit the sale and trafficking of boys for prostitution, as well as the sale and trafficking of children for labour exploitation.

The Committee notes the Government’s statement that the Ministry of Legal Affairs has been advised to make the necessary amendments to section 188 of the Criminal Code so as to prohibit the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation. The Committee expresses the firm hope that amendments to section 188 of the Criminal Code prohibiting the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation, will be finalized and adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted that section 188 of the Criminal Code which criminalizes the procuring of girls for prostitution, did not appear to criminalize the use of a child for sexual exploitation and, furthermore, did not seem to prohibit the use, procuring or offering of boys for prostitution.

The Committee notes the Government’s indication that the Ministry of Legal Affairs has been directed to take immediate measures to amend the relevant provisions in this regard. The Committee expresses the firm hope that amendments to the Criminal Code will prohibit the use of children under the age of 18 years for sexual exploitation as well as the use, procuring or offering of boys for sexual exploitation, and will be adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once the amendments have been adopted.

2. Pornography. The Committee previously observed that the national legislation did not seem to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances.

The Committee notes with interest the Government’s indication that it enacted the Electronic Crimes Act of 2013 which prohibits the use and procuring of children under the age of 18 years for the production of pornography (section 12). The Committee requests the Government to provide a copy of the Electronic Crimes Act of 2013.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that Education Act No. 21 of 2002 provides for free and compulsory education for all children up to the age of 16 years. It also noted the measures taken by the Government, including the implementation of the Educational Development Project of the Organization of Eastern Caribbean States to achieve universal secondary education. It noted, however, that the Committee on the Rights of the Child, in its concluding observations of June 2010, while noting the high enrolment rates at the primary level, regretted that 21 per cent of enrolled students drop out of school before reaching grade five, and that one child in six is not enrolled in secondary school (CRC/C/GRD/CO/2, paragraph 53).

The Committee notes the Government’s indication that it is taking measures to reduce school dropout rates at both primary and secondary levels. These measures include: the School Books Assistance Programme which provides books to students at a minimal cost and at no cost for vulnerable children; the School Feeding Programme; and the School Bus Assistance Programme. The Government also indicates that it has increased the number of Truancy Officers within the Ministry of Education and the Community Affairs Office of the Police Force to monitor children who are out of school during school hours. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to continue to take measures to reduce school drop-out rates at the primary and secondary level. It also requests the Government to provide information on the measures taken in this regard. Lastly, it requests the Government to provide updated statistical data on primary and secondary school enrolment and drop-out rates, and on the number of out-of-school children identified by the Truancy Officers.

Application of the Convention in practice. The Committee previously noted that, in its concluding observations of February 2012, the Committee on the Elimination of Discrimination against Women (CEDAW) regretted the limited data available on trafficking and sexual exploitation (CEDAW/C/GRD/CO1-5, paragraph 25).

The Committee notes the Government’s indication regarding the existence of an Inter-Agency Group of Development Organizations which actively monitors matters related to child labour. The Government further indicates that there are no reported cases of trafficking of children.