Solicitud directa (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

1. In its previous comments, the Committee asked the Government to supply detailed information on the practical application of articles 13(4) and 13(7) of the Constitution which exclude certain laws and certain persons, such as non-citizens, from the constitutional prohibition on discrimination. The Government had indicated that the principal manifestation of discrimination permitted under these provisions relates to the ownership of land and stocks or shares. It had also stated that while non-Dominicans were not excluded from public-funded training programmes, priority was given to Dominicans. The Government affirmed, however, that non-discriminatory employment benefits are extended without distinction to all persons working lawfully in the country. In its present report, the Government reiterates that the cited constitutional provisions are not used in a way contrary to the provisions of the Convention. The Committee requests the Government to provide full details in its future reports on any legislative or administrative action pertinent to the application of the Convention in which these constitutional provisions are invoked.

2. The Committee notes that the process of harmonizing model labour legislation (including that concerned with equality in employment and occupation) among the Caribbean Community (Caricom) member States has not yet been completed. The Committee hopes that the Government will continue to report on the progress achieved towards this goal and on any subsequent action taken to implement the model legislation.

3. The Committee notes the provisions of the Carib Reserve Act (Act No. 22 of 1978), which provides for the establishment of the Carib Reserve Council to govern the Reserve, and makes provision for the administration of the Reserve in other respects. The Committee asks the Government to provide information on the practical action taken to ensure that Caribs and any other minorities enjoy protection from discrimination in employment and in occupation in the community at large.

4. The Committee notes the information provided in the report concerning the action taken to implement Article 3 of the Convention. The Committee requests the Government to provide some concrete examples of the action taken by the Ministry of Legal Affairs, Immigration and Labour, in consultation with workers' and employers' organizations, to ensure fairness and equity for workers within the scope of the Convention. It also asks the Government to furnish copies of any documents, studies or other material that has been produced to educate and inform the public about the national anti-discrimination policy. The Committee notes that advertisements inviting applications for participation in the Youth Skilled Training Programme are announced on national radio and in the newspapers. Please indicate how many applicants are selected to participate in the training modules every year and provide an indication as to the percentage of minorities and women who complete these courses.

5. In its previous comments, the Committee referred to section 3 of the Pensions (Amendment) Act, 1978 - which grants free secondary education for dependents of certain officials up to the age of 18 years but which provides for the cessation of that benefit upon the marriage of female dependants - and asked the Government whether appropriate measures would be taken to ensure equality of access to free secondary education for both male and female dependants and to eliminate discrimination on the basis of sex. The Government states in its report, that the principle outlined by the Committee is adhered to in the country. Please clarify more precisely the approach taken in practice concerning the granting of free secondary education to male and female dependants of persons covered by the above-mentioned legislation and indicate whether measures are being taken to amend that provision.

6. As concerns Article 4 of the Convention, the Committee notes the Government's statement that the right of appeal is an inherent characteristic of a democratic country like Dominica. It requests the Government, however, to indicate precisely what right of appeal exists against any measures that might be taken in connection with a person's employment or occupation (for example, suspension, dismissal, transfer) when that person is suspected of or charged with activities under sections 3, 4, 5 and 6 of the State Security Act, 1984 (cited now as Chapter 14:02 of the revised Laws of Dominica).