Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 1 and 2 of the Convention. Practical application. The Committee notes the adoption of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, made under section 99(1) of the Employment and Labour Relations Act, 2004. It notes with interest that Part III of the Rules contains detailed provisions on the elimination of discrimination at the workplace. The rules set out definitions of direct and indirect discrimination, and elaborate on the employers’ obligation to develop, publish at the workplace and implement a plan to prevent discrimination and to promote equal opportunity in employment. These plans have to be developed in consultation with trade unions and should, if possible, be included in a collective agreement. The Rules further state that collective agreements shall not contain provisions which discriminate against employees on any of the prohibited grounds. Further, specific guidance concerning equal opportunity and treatment in advertising, selection, training, and performance reviews is provided. The Committee notes the Government’s indication that it is carrying out sensitization activities to raise knowledge among workers and employers of the new labour legislation and that the process of developing equality plans was ongoing. The Committee requests the Government to provide information on the measures taken to promote and ensure the implementation of the equality provisions of the Employment and Labour Relations Act, 2004. In this regard, please provide information on the number of equality plans that have been registered with the Labour Commissioner and indicate whether any administrative or judicial decisions have been issued concerning the Act’s equality provisions.

Public service. The Committee notes with interest the detailed information provided by the Government on the application of the Convention in the public service. The Public Service Management and Employment Policy provides that selection and recruitment must not involve overt or unintended discrimination against women, persons with disabilities and other vulnerable groups. Job advertisements specify that women are encouraged to apply. The Public Service Regulation 2003 provides that, where a man and a woman are equally competent, preference as regards selection should be given to the woman (section 4(12)). The Government also stated that in 2007 the President’s Office was undertaking a review of public service rules and regulations governing affirmative action, discrimination and diversity. The creation of gender focal points in all ministries and government agencies is envisaged and short-term and postgraduate training has been provided to women public servants. The Committee also notes the information concerning measures taken with regard to developing guidelines to manage public servants with disabilities and guidelines on HIV/AIDS at the workplace. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and ensure equality of opportunity and treatment in the public service, including information on the results achieved by such action. In this regard, please provide updated statistical information on the number of women and men employed at the different levels of the public service.

The Committee is raising other points in a request addressed directly to the Government.