Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

With reference to its previous direct requests, the Committee takes note of the Government's report, in particular the repeal of section 20 of the Labour Standards Act, 1977, and the clarification that policewomen undertake in practice the same responsibilities as policemen.

1. The Committee notes that, according to the Government's report, the scope and practical application of articles 13(4) and 13(7) of the 1975 Constitution (which exclude certain laws and persons such as non-citizens from the prohibition on discrimination set out in the Constitution) have not given rise to discriminatory legislation. The Committee would, however, be grateful if the Government would, in its next report, supply detailed information as to the use in practice of articles 13(4) and 13(7) so as to enable the Committee to ascertain that no direct or indirect discrimination arises in employment and occupation on any of the grounds prohibited by the Convention.

2. The Committee notes with interest the information supplied by the Government concerning the model legislation on equality in employment and occupation currently being drafted by the Caricom Member States. The Committee requests the Government to supply in its next report information on progress achieved in this respect and its impact on Dominica's obligation, under Article 2 of the Convention, to declare and pursue a national policy in this area.

3. The Committee notes the reply submitted by the Government to the 45th Session of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities stating that settled minorities (Caribs) exist in Dominica, and in particular the Government's statement that these minorities benefit from affirmative action (reserved lands; special status for the Carib Council and its Chief). Furthermore, the Committee notes the Government's information to the effect that national legislation prohibits racially motivated action as regards racial discrimination against immigrants. The Committee requests the Government to supply in its next report copies of the relevant legislation in question (such as the Carib Reserve Council Act), as well as information on the impact in practice of this legislation on employment and occupation.

4. The Committee notes that the report of the Government contains no reply to several of its previous comments and hopes that the Government will provide the necessary information on the following points:

(a) having recalled the Government's previous statement regarding measures to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, the Committee pointed out that under Article 3, paragraphs (b), (e) and (f), of the Convention the Government is required to promote educational programmes calculated to secure the acceptance and observance of this policy, to ensure observance of the policy in vocational guidance, training and placement services and to report on action taken in pursuance of this policy and the results achieved. The Committee accordingly again requests the Government to supply more detailed information on the general methods by which this policy is being implemented with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment;

(b) the Committee notes that section 3 of the Pensions (Amendment) Act, 1978, concerning free secondary education for dependants of certain officials, provides that, for female dependants, free education shall cease upon the marriage of such dependants. Referring to paragraph 120 of its 1988 General Survey on Equality in Employment and Occupation, the Committee hopes that appropriate measures will be taken to ensure equality of access to free secondary education for both male and female dependants of employed persons and to eliminate discrimination in this repsect based on sex;

(c) the Committee notes the Government's reference to sections 3, 4, 5 and 6 of the State Security Act, 1984, with regard to the application of Article 4 of the Convention. It requests the Government to include in its next report particulars on the right to appeal of the persons concerned, in as far as the application of these sections of the State Security Act have a bearing on equality of opportunity and treatment in employment and occupation.