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

The Committee notes the Government's report containing detailed information on secondary, tertiary and vocational education restructuring and statistics on male/female student and training ratios for 1992-93 in reply to its previous direct requests.

1. Noting, however, that the report is silent in reply to the query on any recent legal reforms of laws which overtly discriminate against women in relation to employment and occupation, the Committee again asks the Government to communicate in its next report information on any new measures (such as those indicated in the 1989 Government report) taken in recent years concerning laws which discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation. In addition, the Committee once again requests the Government to communicate copies of the National Policy Statement on Women, mentioned in the Government's report of 1989 as having been adopted in 1987 and of its associated Plan of Action for 1986-87 and for more recent periods and to supply information on the results obtained by these measures towards eliminating discrimination based on sex in employment and occupation.

2. Noting that for several years the Committee has raised the question of occupational segregation, it regrets that the detailed description of education and training policy reforms supplied by the Government does not contain information on the efforts being undertaken to diversify occupational choice between men and women. The Committee therefore repeats its previous request to the Government to supply such information.

3. Noting the Government's statement that the student population is not disaggregated by race or colour since Jamaican society is not overtly divided along racial lines, the Committee requests it supply information, as it has in the past generally, on the practical application, as regards the grounds of prohibited discrimination listed in Article 1, paragraph 1(a), of the Convention other than sex, of the national policy on equality of opportunity and treatment in employment with regard to: (a) access to vocational training and higher education; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. In particular, the Government is asked to provide details on the results achieved by the various means enumerated in Article 3 of the Convention.

4. The Committee notes that the Government, in its report submitted in 1984 on the International Convention on the Elimination of all Forms of Racial Discrimination, stated that it had decided that legislation required under Article 4 of that Convention (rescision of discriminatory laws and adoption of legislation prohibiting racial discrimination) should be enacted. The Committee requests the Government to supply information on the legislative action taken in this respect, supplying copies of texts, and the application in practice of this legislation in the field of employment and occupation.

5. The Committee notes that article 25 of the Constitution provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed to the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information about decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.