Solicitud directa (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

The Committee notes the information and statistics provided in the Government's reports covering the period 1 July 1986 and 30 June 1988.

1. In earlier comments the Committee noted that the Employment Commission set up under section 122A (now section 120) of the Constitution, "to ensure that, in respect of employment, no distinction, exclusion or preference that is not justifiable in a democratic society is made or given in favour or against any person by reason of his political opinions", was adjourned sine die on 11 August 1981. The Committee requested the Government to indicate any other machinery available in the event of alleged discrimination in employment and occupation, to ensure compliance with Articles 2 and 3(d) of the Convention.

The Committee notes the information in the Government's most recent report that the Commission did not function owing to the resignation of members, that the members have not been replaced, and the Commission is not functioning at present. The Government indicates that the Commission dealt with six complaints, five of which were found to be outside the scope of the law and the sixth was decided against the claimant. The Committee notes that talks are now being undertaken through a Parliamentary Select Committee to study any amendments that need to be made to the Maltese Constitution in order to strengthen the democratic system of the country and that although a final report has not yet been submitted, in a published interim report the Committee showed that amongst the projected amendments is one on the Employment Commission to ensure its uninterrupted functioning. The Committee notes also that section 46(i), (2) and (3) of the Constitution of Malta, (which prohibit any person from being treated in a discriminatory manner by "any person acting by virtue of any written law or in the performance of the functions of any public office or of any public authority") and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedom which has been incorporated into Maltese legislation by the European Convention Act No. XIV of 1987 (entitling persons to fundamental rights and freedom set forth in the European Convention "without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, natural or social origin, association with a national minority, property, birth or other status") are enforcable in Maltese courts.

The Committee refers to paragraph 196 of its 1988 General Survey on Equality in Employment and Occupation and to paragraph 4 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) according to which appropriate agencies, assisted where practicable by advisory committees composed of representatives of employers' and workers' organisations and of other interested bodies, should be established for the purpose of promoting application of a policy of equal opportunity in employment and occupation in all fields of public and private employment, including responsibility to receive, examine and investigate complaints that the policy is not being observed, to consider any complaints which cannot be effectively settled by conciliation and to render opinions or issue decisions concerning the manner in which discriminatory practices revealed should be corrected. The Committee accordingly hopes that the Government will soon be able to report that a specialised agency like the Employment Commission is functioning again and that it will supply full particulars on its activities.

The Committee also asks that the Government provide information on the practical application and enforcement of section 46(1), (2) and (3) of the Constitution and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, including any judicial decisions rendered thereunder.

2. The Committee notes with interest the statistical information provided by the Government to monitor results accomplished through the Government's policy of promoting equal opportunity in employment and occupation for men and women. The Committee notes the Government's indication of steps taken to remove traditional restrictions which prevent women from fully developing their personality and from giving due contribution to economic life. The Government states that such steps include the introduction in the public service and in parastatal organisations of family leave of up to 12 months for women who need leave for taking care of young people; the introduction, by Act No. XIV of 1988, of a parental allowance payable to a woman who has the care of a child under 11 years of age and who is not following a gainful occupation; the passage of the Education Act, 1988 which removed previous restrictions for admission to university based on sponsorship by an employer; and the strengthening of kindergarten programmes to care for children of working parents.

The Committee asks the Government to indicate in its next report if consideration has been given or action taken or envisaged to ensure men are provided the same benefits as women with respect to family leave of up to 12 months for men who need leave for taking care of young people and those benefits provided in Act No. XIV of 1988 as described above. Noting statistics provided by the Government showing the placement of working women in the economy, the Committee asks that information be provided regarding efforts taken to promote and ensure opportunity of access by women to higher paid and skilled occupations within the economy.

The Committee requests the Government to continue to communicate all relevant documents, including studies and statistics, enabling the Committee to follow the progress achieved in respect of equality of opportunity for men and women.

3. The Committee requests the Government to indicate any further measures taken to seek the co-operation of employers' and workers' organisations and of appropriate bodies in promoting the acceptance and observance of a policy to eliminate discrimination in respect of employment and occupation under the Convention.