Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 1 of the Convention. Application in law. The Committee notes the provisions for the prohibition of discrimination contained in article 13 of the Constitution and section 26 of the Employment Act. It requests the Government to indicate whether the Employment Act prohibits both direct and indirect discrimination. Noting that the Employment Act, in addition to the seven grounds listed in Article 1(1)(a) of the Convention, also prohibits discrimination based on age, disability and family responsibility, the Committee requests clarification as to whether the Government considers itself bound by the Convention in respect of these additional grounds, pursuant to Article 1(1)(b) of the Convention.

2. Application of the Convention to the civil service. The Committee notes that, pursuant to article 84 of the Constitution, the Public Service Commission is mandated, among other things, to appoint persons to hold or act in offices of the public service, to remove them from office, and to exercise disciplinary control over them. The Committee requests the Government for information regarding the relationship between the mandate of the Public Service Commission and the requirements under section 26 of the Employment Act. The Committee would also appreciate receiving information on any laws and regulations in force governing the appointment, training, promotion, remuneration and other conditions of work of public servants.

3. Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality in employment and occupation. While noting the legal framework that has been put in place to prohibit discrimination in employment, the Committee requests the Government to supply further information on how it pursues the promotion of equality of opportunity and treatment in employment and occupation in practice. In this regard, the Government is asked to provide the following:

(a)   information on any measures taken to collaborate with social partners and other relevant bodies with a view to promoting the acceptance and observance of the principle of the Convention;

(b)   information regarding any educational programmes or awareness-raising activities carried out to secure the acceptance and observance of the principle of equality in employment and occupation;

(c)   further details on the relevant activities of the Labour Commissioner to monitor the application of section 26 of the Employment Act, including the number and outcome of discrimination-related matters brought to the attention of the labour inspectors, and any cases of discrimination brought before the courts or tribunals; and

(d)   any available statistical data on the participation of men and women in vocational training and employment.

4. Article 4. In the absence of any information on the application of this Article in the Government’s report, the Committee requests the Government to indicate whether any measures, in law or in practice, exist that may be taken against persons suspected of activities prejudicial of the security of the State and which affect the employment of such persons.

5. Article 5. The Committee notes that section 26(2) of the Employment Act refers to provisions, programmes or activities that have, as their objectives, the amelioration of conditions of disadvantaged individuals, including those disadvantaged on the grounds enumerated in the Convention. The Committee requests the Government to indicate any measures that have been taken pursuant to this section.