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

Article 1 paragraph 1(b) of the Convention. Legislative developments. HIV/AIDS. The Committee notes with interest the adoption in 2008 of the Act on HIV and AIDS (Prevention and control), Part VII of which covers stigmatization and discrimination. The Act contains provisions providing, inter alia, that: (a) nobody shall formulate “a policy, promulgate a law or act in a manner that discriminates directly or by its implications against persons living with HIV and AIDS, orphans or their families” (section 28); (b) a person shall not stigmatize or discriminate in any manner against any other person on the grounds of such other person’s actual, perceived or suspected HIV/AIDS status (section 31); and (c) a person may not deny any person employment opportunity on the grounds of the person’s actual, perceived or suspected HIV/AIDS status (section 30(c)). The Committee asks the Government to provide information on the application in practice of the 2008 Act on HIV and AIDS (Prevention and control) with regard to employment and occupation, and to indicate whether any regulations regarding section 28 of this Act have been made pursuant to section 52(m) and, if so, to provide a copy.

Articles 1 and 2. Implementation of the provisions concerning the prohibition of discrimination and the promotion of equality of opportunity and treatment. Enforcement. In its previous comments, the Committee requested the Government to provide information on the measures taken to promote and ensure the implementation of the provisions of the Employment and Labour Relations Act, 2004 relating to equality and non-discrimination, and to indicate the number of equality plans that have been registered by employers with the Labour Commissioner under that Act. According to the Government’s report, since the adoption of the Employment and Labour Relations Act and its regulations in 2004 and 2007 respectively, awareness-raising activities have been carried out by the tripartite constituents to promote equal opportunities and eliminate discrimination in all workplaces. The Government also indicates that few equality plans have been registered with the Labour Commissioner and that, to rectify this situation, the supervision of the application of the legislative and regulatory provisions relating to equality has been included in the tools used by labour inspectors to ensure that employers are taking all the necessary measures to comply with the legal provisions concerned. In this regard, the Committee notes that the Government would like to be able to benefit from technical assistance from the ILO to strengthen the capacities and knowledge of labour inspectors with regard to equal opportunity and treatment in employment and occupation and urges the Government to take the necessary steps to obtain that assistance.

Noting this information and, in particular, the Government’s efforts to strengthen the supervision of the application of the legal provisions relating to non-discrimination and equality, the Committee requests the Government to take the necessary measures to encourage employers to draw up and register the plans provided for under the Employment and Labour Relations Act 2004 with the Labour Commissioner as soon as possible, and to continue providing information on the number of equality plans registered as well as their content. The Government is also requested to provide information on:

(i)    the measures taken or envisaged at the national level to combat discrimination on any grounds prohibited by the 2004 Act and to promote equal opportunity in employment for the entire population;

(ii)   the means and tools available to inspectors to ensure supervision of the application of the legal provisions relating to equality and combating discrimination;

(iii) the labour inspectorate’s activities involving employers and workers and their organizations (activities relating to the supervision of establishments and advisory activities), violations reported and the outcome of the proceedings initiated;

(iv)  the steps taken to obtain technical assistance from the Office for the purposes of providing labour inspectors with relevant training.

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