Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Grounds of discrimination. The Committee notes the entry into force on 1 January 2009 of the Discrimination Act, 2008, superseding the Equal Opportunities Act and the Prohibition of Discrimination Act. The Committee notes that the new Act is designed to combat discrimination and promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age. The Committee also notes that, pursuant to Chapter 2, section 1, of the Act, the protection against discrimination has expressly been extended to include, in addition to employees and jobseekers, also training applicants and trainees, persons enquiring about job vacancies and persons seeking or performing temporary or agency work. Recalling its previous comments concerning the absence in the legislation of the prohibited grounds of political opinion and social origin, the Committee notes that such grounds have not been included in the new Act. The Committee also notes the clarification provided by the Government that the ground of “belief” is not meant to cover political opinion. The Committee wishes to stress that, when provisions are adopted to give effect to the principle laid down in the Convention, they should include all the grounds of discrimination specified in Article 1(1)(a) of the Convention. In this regard, it notes the Government’s indication that the possibility of adopting an open list of prohibited grounds of discrimination has been envisaged as a subject matter for further study. The Committee requests the Government as follows:

(i)    to clarify the reasons for not including the grounds of political opinion and social origin in the new Discrimination Act, and to indicate any developments concerning the adoption of an open list of prohibited grounds of discrimination;

(ii)   to indicate how the application of the Convention in respect of the grounds of political opinion and social origin is ensured in practice.

(iii) to provide detailed information on the application of the Discrimination Act, including information on the adoption of the “active measures” contemplated in Chapter 3 and their impact on promoting the principle of equality of opportunity and treatment in employment and occupation.

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