Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information in the Government’s report.

1. Article 1 of the Convention. The Committee notes with interest the adoption of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000, section 3 of which conforms to Article 1 of the Convention, prohibiting both direct and indirect forms of discrimination on all of the grounds covered by the Convention. It particularly notes that section 3 also prohibits discrimination on the grounds of family responsibility, marital status, pregnancy, age and disability. In this regard, the Committee asks the Government to provide information on whether it intends to bring these grounds under the Convention in accordance with Article 1(1)(b).

2. The Committee notes that section 5 of the Act sets forth several bona fide occupational qualification exceptions to the principle of non-discrimination. It further notes that subsection 5(2)(g) provides for an exception where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. The Committee points out that the wording of this subsection could allow some occupations to be exempted from the principle of the Convention due to qualifications other than those inherent to the job. It therefore asks the Government to provide information respecting the application of this exception in practice.

3. The Committee notes that the Act prohibits discrimination in all fields of employment and occupation, including job advertising, job classification, and vocational training. It further notes the Government’s statement that its intent to apply the Convention is demonstrated through its legislative agenda. In this connection, the Committee wishes to point out that, although the legal context is important, the Government’s obligations under the Convention extend not only to banning discrimination in its laws but also to declaring and promoting throughout the country acceptance of a policy of non-discrimination. The Government is therefore requested to provide information on any measures, including educational programmes on non-discrimination, taken or envisaged to promote and implement the new legislation.

4. Please provide information on the steps taken to obtain the cooperation of employers’ and workers’ organizations in promoting the new Act.

5. As in its previous comments, the Committee again asks the Government to supply a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity of treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women’s Desk.

6. The Committee asks the Government to continue to indicate the measures taken to promote equality of opportunity or treatment in the public service.

7. Please provide the information requested in Part V of the report form on the practical application of the Convention.