Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Article 1(1)(a) of the Convention. Legislative protection against discrimination and sexual harassment. Further to its 2002 observation on sexual harassment and with reference to its previous comments regarding the absence of legislation explicitly prohibiting discrimination in employment and occupation, the Committee notes the Government’s statement that the Employment Act of 1995 is being revised in order to ensure the prohibition of discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin; in addition, the Government indicates that the scope of the new legislation will cover all points raised in the 2002 general observation. The Committee hopes that the new Employment Act will provide adequate protection from direct and indirect discrimination at all stages of the employment process, and asks the Government to keep it informed of the progress made in this regard.

2. Article 2. Formulation and implementation of national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that to date there is no non-discrimination or equality policy and that the matter will be considered as soon as the Employment Act has been revised. The Committee reminds the Government that, in addition to the adoption of legislation protecting against discrimination, the adoption and implementation of a policy on equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. It hopes that the Government will soon be able to take active steps to ensure the promotion of equality of employment and occupation in law and in practice on all grounds listed in the Convention and requests the Government to keep it informed of any developments in this regard.

3. Article 3(a). Cooperation with the social partners and any other relevant bodies. In absence of any information on this point, the Committee reiterates its previous request to the Government to provide information on the measures taken to obtain the participation of employers’ and workers’ organizations or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

4. Article 3(d). Access to the public service. The Committee takes note of the Government’s explanations regarding the recruitment procedure under the Public Service Order. However, the Government’s report does not provide any information on how the principle of equality is ensured with respect to the other stages of the employment process, including promotion, terms and conditions of employment, and termination of employment in the public service. In order to be fully able to assess how the principle of equality in employment and occupation is applied in the public service, the Committee asks the Government to provide statistical information on the distribution of men and women in different occupations of the public service, as well as on the implementation of the principle of the Convention in other stages of the employment process.

5. Article 3(e). Access to vocational training. With regard to its previous comments on the application of the principle of equality in access to vocational training, the Committee notes the Government’s statement that its training policy places people at the heart of development and provides learning opportunities through a variety of programmes without discrimination. However, in the absence of any further information on the content and type of the training courses and apprenticeship programmes being held, and the distribution of men and women in these courses and programmes, it is difficult to determine whether inequalities or exclusion of candidates may possibly occur on the grounds referred to in the Convention. The Committee asks the Government to supply, in its next report, any information available, disaggregated by sex, on the participation of men and women in the various training courses and apprenticeships, and the results achieved. Please also provide information on how the Centre for Skills Development of the Employment Department and the National Vocational Training Board are ensuring that no direct and indirect discrimination occurs in the training and apprenticeship schemes.

6. Enforcement. The Committee notes the Government’s statement that the grievance procedure under section 64 of the Employment Act applies to disputes concerning allegations of discrimination in employment and occupation. The Government further indicates that cases of discrimination in the public sector are dealt with by the Ministry of Administration and Manpower Development or the Public Service Appeals Board. Please provide information on the number and the nature of the disputes and claims alleging employment discrimination brought under the abovementioned grievance procedure, or to the Ministry of Administration and Manpower Development or the Public Service Appeals Board, including information on their outcome. The Committee also reiterates its request to the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way.

7. The Committee reiterates its request to the Government to provide information on cases in which a person has been considered to be engaged in activities prejudicial to the security of the state.

8. Part V of the report form. Practical information on application. The Committee reiterates its request to the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibilities.