Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Lucia (RATIFICATION: 1983)

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The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Legislation. In its previous comment, the Committee requested that the Government take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs were repealed. It notes that this recommendation was also made in a gap analysis carried out in 2016-2017 under the auspices of the Caribbean Employers’ Confederation (CEC) and the Caribbean Congress of Labour (CCL), supported by the European Union and in collaboration with the ILO. The Committee recalls once again that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to provide information on any measures taken as a follow-up to the recommendations made in the above-mentioned gap analysis and to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed.

Exceptions based on inherent requirements of the job. While section 4 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000 provides for the prohibition of discrimination against applicants and employees, section 5 states that “Section 4 does not apply to any distinction, exclusion, or preference based on the [prohibited] grounds [of discrimination] where a genuine occupational qualification exists”. As indicated in previous comments, the Committee notes that section 5(2)(g) lists, among those “bona fide occupational qualifications exceptions”, the following: “the holder of the job provid[ing] persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex”. Noting that section 5(2)(g) has not been repealed or amended, the Committee states, once again, that it is concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention. It further notes that this provision is similar to section 269(2)(h) of the Labour Act of 2006. The Committee therefore urges the Government to take the necessary steps to repeal or amend section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, as well as section 269(2)(h) of the Labour Act of 2006, in order to ensure conformity with the Convention, in law and in practice, and to report on any progress made in this regard.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual orientation. The Committees notes that, in the report of the Office of the United Nations (UN) High Commissioner for Human Rights dated 30 October 2020, it is observed that neither the Constitution nor legislation of Saint Lucia protects against discrimination on the basis of sexual orientation or gender identity and that “lesbian, gay, bisexual and transgender persons who lived openly in society, particularly those from lower economic brackets, faced stigma and discrimination, including challenges in accessing basic health care, and social services, and greater difficulty in finding jobs.” (Human Rights Council, A/HRC/WG.6/37/LCA/2, 30 October 2020, paragraph 9). The Committee notes that, in 2020, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government “reaffirm[ed] its commitment to continue engaging [lesbian, gay, bisexual, transgender and intersex (LGBTI)] organizations and further committ[ed] to addressing unfair anti-discrimination regarding this community” (,A/HRC/WG.6/37/LCA/1, 18 December 2020, paragraph 25). The Committee asks the Government to indicate if there have been cases where LGBTI persons were denied jobs or left jobs due to a hostile work environment and to provide information on any measures taken or envisaged to address and prevent discrimination based on gender identity and sexual orientation.

Sexual harassment. The Committee notes that the Labour Act expressly prohibits any form of sexual harassment against an employee by an employer, managerial employee or co-employee. Section 272 states that sexual harassment constitutes unlawful discrimination based on sex and that the employee shall be entitled to compensation. However, as indicated in the “Gender at Work in the Caribbean – Country report: Saint Lucia” published by the ILO Decent Work Team and Office for the Caribbean in 2018, the Criminal Code and the Labour Act do not recognize sexual harassment taking place against workers outside of the employer-employee context. The Committee also notes the observation, in the above-mentioned report of the Office of the UN High Commissioner for Human Rights, that “although the law prohibited sexual harassment in the workplace, this remained a highly underreported problem since government enforcement was not an effective deterrent. Most cases of sexual harassment were handled in the workplace rather than being prosecuted under the law” (A/HRC/WG.6/37/LCA/2, paragraph 39). The Committee asks the Government to provide information on any measures taken or envisaged to raise awareness of the public on this issue and to facilitate reporting and access to justice. Please provide information on the number of cases brought to the courts or other judicial body and the outcomes thereof.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy. The Committee notes that, in the above-mentioned UPR national report, the Government stated that “the structure of the national mechanism for the advancement of women is being reviewed through the National Gender Equality Policy and Strategic Plan (NGEPSP) and the mainstreaming of gender is also included in Saint Lucia’s National Development Plan” (A/HRC/WG.6/37/LCA/1, paragraph 11). The Committee asks the Government to provide information on the content, timespan and concrete outcomes of the NGEPSP.

Practical application. The Committee notes that, in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), the Government recognized that the irregular reporting was due in part to capacities deficiencies in the Department of Gender Relations but also to the absence of a monitoring mechanism for the preparation of national reports and a strategic approach to the implementation of recommendations. In this regard, the Committee notes that, in February 2019, a National Coordinating Committee for Human Rights was established, comprising both government and non-government membership, headed by the Department of External Affairs and co-chaired by the Attorney General Chambers. It notes that the mandate of this Committee is to oversee the promotion and protection of human rights Conventions, to “ensur[e] the timely preparation of national reports”, and to guide and monitor the strategic implementation of recommendations. The Committee asks the Government to provide information on the activities of the National Coordinating Committee for Human Rights, in particular with regard to the Convention. In the absence of any additional information on the practical application of the Convention, the Committee reiterates its request to the Government to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness-raising, training and other practical measures, and their impact on achieving the objective of equality with respect to all the grounds covered by the Convention.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regard.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regard.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regard.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regard.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regard.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regard.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regards.

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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Legislation. The Committee notes the Government’s statement that with the coming into force of the new Labour Code, all laws and regulations containing discriminatory provisions will be revoked. The Committee reiterates the hope that the new Labour Code will enter into force without delay, thus repealing the Factory Regulations, 1948, and that all laws and regulations containing provisions excluding women from entering certain jobs will be repealed.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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Legislation. The Committee notes the Government’s statement that the Factory Regulations, 1948, which contain provisions excluding women from certain jobs contrary to the Convention, will be repealed by the new Labour Code. The Committee hopes that the new Labour Code will enter into force without delay, thus repealing the factory regulations and that all laws and regulations containing provisions excluding women from entering certain jobs will be revoked.

Exceptions based on inherent requirements of the job. The Committee recalls section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which in its view may reflect a gender-biased assumption that certain services in the area of health, welfare or education are more effectively provided by persons of a particular sex. The Committee notes that the Government has not taken any steps to repeal or amend section 5(2)(g) of the Act. Remaining concerned that its application may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee reiterates its request to the Government to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. The Committee asks the Government to provide information on any measures taken or envisaged in this regard.

Practical application. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Legislation. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that the Factory Regulations, 1948 are still in force. Noting that the Regulations contain provisions excluding women from certain jobs contrary to the Convention, the Committee requests the Government to indicate whether the Factory Regulations, 1948 will be repealed by the new Labour Code.

2. Exceptions based on inherent requirements of the job. The Committee recalls that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000 provides for an exception to the principle of non-discrimination where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. In reply to the Committee’s previous comments regarding this provision, the Government states that this exception is practised only in a very few cases, i.e. where females are preferred for jobs as babysitters and housekeepers. The Committee is concerned that section 5(2)(g) may reflect a gender-biased assumption that certain services in the area of health, welfare or education are more effectively provided by persons of a particular sex and that its application may lead to exclusions from employment contrary to the principle of equality as defined in the Convention. The Committee requests the Government to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please provide information on any measures taken or envisaged in this regard.

3. Practical application. The Committee notes from the Government’s report that information material on discrimination has been prepared, the Equality of Opportunity and Treatment in Employment and Occupation Act has been disseminated and labour officers have given lectures to trade unions and managements of companies. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures. Please also provide information on any court cases concerning employment discrimination brought under the Act.

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1. Legislation. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that the Factory Regulations, 1948 are still in force. Noting that the Regulations contain provisions excluding women from certain jobs contrary to the Convention, the Committee requests the Government to indicate whether the Factory Regulations, 1948 will be repealed by the new Labour Code.

2. Exceptions based on inherent requirements of the job. The Committee recalls that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000 provides for an exception to the principle of non-discrimination where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. In reply to the Committee’s previous comments regarding this provision, the Government states that this exception is practised only in a very few cases, i.e. where females are preferred for jobs as babysitters and housekeepers. The Committee is concerned that section 5(2)(g) may reflect a gender-biased assumption that certain services in the area of health, welfare or education are more effectively provided by persons of a particular sex and that its application may lead to exclusions from employment contrary to the principle of equality as defined in the Convention. The Committee requests the Government to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please provide information on any measures taken or envisaged in this regard.

3. Practical application. The Committee notes from the Government’s report that information material on discrimination has been prepared, the Equality of Opportunity and Treatment in Employment and Occupation Act has been disseminated and labour officers have given lectures to trade unions and managements of companies. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures. Please also provide information on any court cases concerning employment discrimination brought under the Act.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes with interest the adoption of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000, section 3 of which conforms to Article 1 of the Convention, prohibiting both direct and indirect forms of discrimination on all of the grounds covered by the Convention. It particularly notes that section 3 also prohibits discrimination on the grounds of family responsibility, marital status, pregnancy, age and disability. In this regard, the Committee asks the Government to provide information on whether it intends to bring these grounds under the Convention in accordance with Article 1(1)(b).

2. The Committee notes that section 5 of the Act sets forth several bona fide occupational qualification exceptions to the principle of non-discrimination. It further notes that subsection 5(2)(g) provides for an exception where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. The Committee points out that the wording of this subsection could allow some occupations to be exempted from the principle of the Convention due to qualifications other than those inherent to the job. It therefore asks the Government to provide information respecting the application of this exception in practice.

3. The Committee notes that the Act prohibits discrimination in all fields of employment and occupation, including job advertising, job classification, and vocational training. It further notes the Government’s statement that its intent to apply the Convention is demonstrated through its legislative agenda. In this connection, the Committee wishes to point out that, although the legal context is important, the Government’s obligations under the Convention extend not only to banning discrimination in its laws but also to declaring and promoting throughout the country acceptance of a policy of non-discrimination. The Government is therefore requested to provide information on any measures, including educational programmes on non-discrimination, taken or envisaged to promote and implement the new legislation.

4. Please provide information on the steps taken to obtain the cooperation of employers’ and workers’ organizations in promoting the new Act.

5. As in its previous comments, the Committee again asks the Government to supply a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity of treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women’s Desk.

6. The Committee asks the Government to continue to indicate the measures taken to promote equality of opportunity or treatment in the public service.

7. Please provide the information requested in Part V of the report form on the practical application of the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes with interest the adoption of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000, section 3 of which conforms to Article 1 of the Convention, prohibiting both direct and indirect forms of discrimination on all of the grounds covered by the Convention. It particularly notes that section 3 also prohibits discrimination on the grounds of family responsibility, marital status, pregnancy, age and disability. In this regard, the Committee asks the Government to provide information on whether it intends to bring these grounds under the Convention in accordance with Article 1(1)(b).

2. The Committee notes that section 5 of the Act sets forth several bona fide occupational qualification exceptions to the principle of non-discrimination. It further notes that subsection 5(2)(g) provides for an exception where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. The Committee points out that the wording of this subsection could allow some occupations to be exempted from the principle of the Convention due to qualifications other than those inherent to the job. It therefore asks the Government to provide information respecting the application of this exception in practice.

3. The Committee notes that the Act prohibits discrimination in all fields of employment and occupation, including job advertising, job classification, and vocational training. It further notes the Government’s statement that its intent to apply the Convention is demonstrated through its legislative agenda. In this connection, the Committee wishes to point out that, although the legal context is important, the Government’s obligations under the Convention extend not only to banning discrimination in its laws but also to declaring and promoting throughout the country acceptance of a policy of non-discrimination. The Government is therefore requested to provide information on any measures, including educational programmes on non-discrimination, taken or envisaged to promote and implement the new legislation.

4. Please provide information on the steps taken to obtain the cooperation of employers’ and workers’ organizations in promoting the new Act.

5. As in its previous comments, the Committee again asks the Government to supply a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity of treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women’s Desk.

6. The Committee asks the Government to continue to indicate the measures taken to promote equality of opportunity or treatment in the public service.

7. Please provide the information requested in Part V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes with interest the adoption of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000, section 3 of which conforms to Article 1 of the Convention, prohibiting both direct and indirect forms of discrimination on all of the grounds covered by the Convention. It particularly notes that section 3 also prohibits discrimination on the grounds of family responsibility, marital status, pregnancy, age and disability. In this regard, the Committee asks the Government to provide information on whether it intends to bring these grounds under the Convention in accordance with Article 1(1)(b).

2. The Committee notes that section 5 of the Act sets forth several bona fide occupational qualification exceptions to the principle of non-discrimination. It further notes that subsection 5(2)(g) provides for an exception where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. The Committee points out that the wording of this subsection could allow some occupations to be exempted from the principle of the Convention due to qualifications other than those inherent to the job. It therefore asks the Government to provide information respecting the application of this exception in practice.

3. The Committee notes that the Act prohibits discrimination in all fields of employment and occupation, including job advertising, job classification, and vocational training. It further notes the Government’s statement that its intent to apply the Convention is demonstrated through its legislative agenda. In this connection, the Committee wishes to point out that, although the legal context is important, the Government’s obligations under the Convention extend not only to banning discrimination in its laws but also to declaring and promoting throughout the country acceptance of a policy of non-discrimination. The Government is therefore requested to provide information on any measures, including educational programmes on non-discrimination, taken or envisaged to promote and implement the new legislation.

4. Please provide information on the steps taken to obtain the cooperation of employers’ and workers’ organizations in promoting the new Act.

5. As in its previous comments, the Committee again asks the Government to supply a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity of treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women’s Desk.

6. The Committee asks the Government to continue to indicate the measures taken to promote equality of opportunity or treatment in the public service.

7. Please provide the information requested in Part V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes the information in the Government’s report.

1. Article 1 of the Convention. The Committee notes with interest the adoption of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000, section 3 of which conforms to Article 1 of the Convention, prohibiting both direct and indirect forms of discrimination on all of the grounds covered by the Convention. It particularly notes that section 3 also prohibits discrimination on the grounds of family responsibility, marital status, pregnancy, age and disability. In this regard, the Committee asks the Government to provide information on whether it intends to bring these grounds under the Convention in accordance with Article 1(1)(b).

2. The Committee notes that section 5 of the Act sets forth several bona fide occupational qualification exceptions to the principle of non-discrimination. It further notes that subsection 5(2)(g) provides for an exception where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. The Committee points out that the wording of this subsection could allow some occupations to be exempted from the principle of the Convention due to qualifications other than those inherent to the job. It therefore asks the Government to provide information respecting the application of this exception in practice.

3. The Committee notes that the Act prohibits discrimination in all fields of employment and occupation, including job advertising, job classification, and vocational training. It further notes the Government’s statement that its intent to apply the Convention is demonstrated through its legislative agenda. In this connection, the Committee wishes to point out that, although the legal context is important, the Government’s obligations under the Convention extend not only to banning discrimination in its laws but also to declaring and promoting throughout the country acceptance of a policy of non-discrimination. The Government is therefore requested to provide information on any measures, including educational programmes on non-discrimination, taken or envisaged to promote and implement the new legislation.

4. Please provide information on the steps taken to obtain the cooperation of employers’ and workers’ organizations in promoting the new Act.

5. As in its previous comments, the Committee again asks the Government to supply a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity of treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women’s Desk.

6. The Committee asks the Government to continue to indicate the measures taken to promote equality of opportunity or treatment in the public service.

7. Please provide the information requested in Part V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received for the eighth consecutive time. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a)  The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to promote the elimination of discrimination in employment and occupation based on social origin.

(b)  The Committee asks the Government to indicate the measures taken to ensure that the exceptions in article 13 of the Constitution are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which related in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention’s protection in respect of other prohibited grounds.

(c)  The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee has in the past noted the Government’s statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76-123 of the Committee’s 1988 General Survey on equality in employment and occupation. The Committee also wishes to point out that the Government’s obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the abovementioned substantive fields.

4. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

5. The Committee notes the Government’s statement that educational programmes on non-discrimination are provided through schools and that employers’ and workers’ organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

6. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women’s Desk.

7. Please provide the information requested in Parts III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received for the seventh consecutive time. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1.  Article 1 of the Convention.  The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a)  The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to promote the elimination of discrimination in employment and occupation based on social origin.

(b)  The Committee asks the Government to indicate the measures taken to ensure that the exceptions in article 13 of the Constitution are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which related in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention’s protection in respect of other prohibited grounds.

(c)  The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2.  Article 2.  The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3.  The Committee has in the past noted the Government’s statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76-123 of the Committee’s 1988 General Survey on equality in employment and occupation. The Committee also wishes to point out that the Government’s obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the abovementioned substantive fields.

4.  The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

5.  The Committee notes the Government’s statement that educational programmes on non-discrimination are provided through schools and that employers’ and workers’ organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

6.  The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women’s Desk.

7.  Please provide the information requested in Parts III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that for the sixth consecutive time the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to promote the elimination of discrimination in employment and occupation based on social origin.

(b) The Committee asks the Government to indicate the measures taken to ensure that the exceptions in article 13 of the Constitution are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which related in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee has in the past noted the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76-123 of the Committee's 1988 General Survey on equality in employment and occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the abovementioned substantive fields.

4. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

5. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

6. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

7. Please provide the information requested in Parts III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that, for the fifth consecutive time, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on equality in employment and occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) which have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the Saint Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1447 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it has taken or are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that, for the fifth consecutive time, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on equality in employment and occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) which have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the Saint Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1447 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it has taken or are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that, for the fourth consecutive time, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on Equality in Employment and Occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) which have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the Saint Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1447 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it has taken or are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that, for the third consecutive time, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on Equality in Employment and Occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) which have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the Saint Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1447 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it has taken or are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in repsect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on Equality in Employment and Occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) which have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the Saint Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1447 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it has taken to are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Noting the general information contained in the Government's report which does not reply to the specific points raised in its previous direct requests, the Committee asks the Government to reply to the following points:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in repsect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on Equality in Employment and Occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) which have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the Saint Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1477 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it has taken to are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

Noting the general information contained in the Government's report which does not reply to the specific points raised in its previous direct requests, the Committee asks the Government to reply to the following points:

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in article 13(7) and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in Saint Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on Equality in Employment and Occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1979, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100, as follows:

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).).

Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under sixteen and women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organizations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) which have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guidelines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the Saint Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1477 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it has taken or are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its first report.

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i) for the appropriation of public revenues or other public funds;

(ii) with respect to persons who are not citizens;

(iii) for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv) whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in subsection 7 and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee notes the Government's statement that the Convention is applied in part through collective agreements. The Committee requests the Government to provide with its next report copies of collective agreements which include provisions relating to the application of the Convention. The Committee also requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in St. Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on Equality in Employment and Occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1977, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under Sixteen and Women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organisations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences or participants.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guide-lines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the St. Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1477 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it may have taken or are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.

CMNT_TITLE

The Committee notes the information provided by the Government in its first report.

1. Article 1 of the Convention. The Committee notes that "discrimination" is defined and prohibited in article 13 of the Constitution, subject to certain exceptions:

(a) The Committee notes that social origin is not included among the bases of discrimination prohibited under article 13. The Government is asked to provide information in its next report on measures taken or envisaged to declare a national policy designed to promote the elimination of discrimination in employment and occupation based on social origin.

(b) With respect to the exceptions provided in subsection 4 of article 13, the Committee notes that the prohibition of discrimination in subsection 1 of that article shall not apply to any law so far as that law makes provision:

(i)for the appropriation of public revenues or other public funds;

(ii)with respect to persons who are not citizens;

(iii)for the application, in the case of persons of any such description as is mentioned in subsection 3 (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(iv)whereby persons of any such description as is mentioned in subsection 3 may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justified in a democratic society.

The Committee asks the Government to indicate the measures taken to ensure that the exceptions mentioned above are not applied so broadly as to make lawful discrimination which would otherwise be contrary to the requirements of the Convention. In particular, the Committee requests that the Government provide with its next report examples of discrimination against persons covered by subsection 3 of this article, considered to fall within each of the four exceptions in subsection 4, and which relate in any manner to equality of opportunity and treatment in employment. As concerns subsection 4(b), the Committee points out that while "nationality" is not a prohibited ground of discrimination under Article 1 of the Convention, the wording of this provision of the Constitution would appear to allow the adoption of a law removing non-citizens from the Convention's protection in respect of other prohibited grounds.

(c) The Committee requests the Government to provide more detailed information, including practical examples, on the meaning and application in practice of the exception in subsection 5, which states that "nothing contained in any law shall be held to be inconsistent with or in contravention of subsection 1 (the general prohibition of discriminatory laws) ... to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment".

(d) The Committee requests the Government to provide more detailed information, including copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in subsection 7 and those other sections and subsections of the Constitution cited therein.

2. Article 2. The Committee notes the Government's statement that the Convention is applied in part through collective agreements. The Committee requests the Government to provide with its next report copies of collective agreements which include provisions relating to the application of the Convention. The Committee also requests the Government to provide information on measures taken to promote the inclusion in collective agreements of provisions supporting equality of treatment and opportunity in employment and occupation.

3. The Committee notes the Government's statement that there is no discrimination in access to employment in St. Lucia. The Committee recalls that the Convention broadly applies to employment and occupation, including, among other substantive fields, access to training and vocational guidance, placement opportunities, self-employed occupations and employment in the public service, as well as equality in respect of promotion, security of tenure, equal remuneration, social security and other conditions of employment. In this regard, the Government is referred to paragraphs 76 to 123 of the Committee's 1988 General Survey on Equality in Employment and Occupation. The Committee also wishes to point out that the Government's obligations under the Convention extend not only to prohibiting and suppressing discrimination in areas under its direct control, but also to promoting acceptance throughout the country of a policy of non-discrimination. The Committee requests the Government to provide information in its next report with respect to measures taken or envisaged to promote a policy of equality of opportunity and treatment in the above-mentioned substantive fields.

4. Article 3. The Committee notes the Government's statement that the Labour Code, although not enacted, is used as guidance by the Labour Department. The Committee notes that the Labour Code was drafted with the assistance of the ILO in 1977, prior to ratification of the Convention in 1983. The draft available to the Committee provides only for prohibition of discrimination as it applies to dismissal from employment. The Committee requests the Government to indicate whether the Labour Code has been adopted, and if so to forward a copy. If it has not been adopted, please indicate which provisions are being used as guidance by the Labour Department in connection with the present Convention. The Government is asked to provide information on the activities of the Labour Department undertaken to promote equality of opportunity and treatment in employment and occupation.

5. The Committee notes the Government's statement that no statute or administrative rules seem to be contradictory to the principles of the Convention. The Committee asks the Government whether the Agricultural Worker (Minimum Wage) (Amendment) Order 1977, and the Contract of Service Act 1970, are still in force and, if not, to send with its next report a copy of the legislation repealing or replacing this legislation (see also under Convention No. 100). Please indicate also whether the Factory Regulations, 1948, in particular Part III, "Boys under Sixteen and Women", is still in force and, if not, please send a copy of the legislation repealing or replacing them.

6. The Committee notes the Government's statement that educational programmes on non-discrimination are provided through schools and that employers' and workers' organisations are responsible for speeding information to their members. The Committee asks the Government to provide with its next report more detailed information on these programmes, in particular, details of the content of these informational programmes and efforts, the frequency of their presentation and their audiences or participants.

7. The Committee notes the Government's statement that progress is being made in ensuring the acceptance of the principles of the Convention. The Committee requests the Government to provide detailed information on the specific types of progress (such as, for example, greater integration of minorities in the active population, narrowing of wage and income gaps between racial, ethnic, social or sex groups, increased selection of non-traditional (sex-stereotyped) jobs, etc.) have been made, how this progress has come about and what measures are being taken to ensure that this progress continues.

8. The Government is asked to provide a copy of any promotional publications or other material, including administrative guide-lines or circulars, annual, special or periodic reports, or the like, promoting equality of opportunity and treatment in employment and occupation produced by the Ministry of Health, Housing and Labour and/or the Women's Desk.

9. Article 5. The Committee notes the statement in the report that measures of positive discrimination would be acceptable under the St. Lucia Constitution. It refers to article 13(3) of the Constitution, which appears to prohibit such positive discrimination. Please indicate how this article of the Constitution has been applied in practice.

10. The Committee notes from Case No. 1477 of the Committee on Freedom of Association (270th Report, February-March 1990), that section 23(3) of the Teaching Service Regulations, No. 41 of 1977, provides that "an unmarried teacher who becomes pregnant shall be dismissed upon becoming pregnant a second time if still unmarried". As this provision would not appear to be consonant with a prohibition of discrimination in employment and occupation on the basis of sex, the Committee requests the Government to indicate what measures it may have taken or are contemplated in this regard.

11. Please provide the information requested in points III, IV and V of the report form on the practical application of the Convention.