Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  The Committee observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2.  The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers’ rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3.  The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a)  As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent - a criterion not provided for by the above-mentioned Act.

(b)  As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c)  Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?