Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Barbados (RATIFICATION: 1974)

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The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(2) of the Convention. Inherent requirements of the job. The Committee notes that section 8 subparagraphs (1) and (3) of the Employment (Prevention of Discrimination) Bill, 2020 (see the observation the Committee addresses to the government on this subject), read together, provide that “a distinction made, exclusion created or preference shown shall not be taken to be discrimination where the reason for” such difference in treatment is “an inherent requirement of a particular position”. The Committee also notes that under section 8(4), it is possible to make a preference based on sex when: “(a) the job can only be performed by a person who has physical attributes, other than stamina and strength, which only a person of a particular sex possesses; (b) it is necessary, in order to preserve decency or privacy, for the job to be performed by a person of a particular sex; (c) the nature of the undertaking or establishment within which the job is to be performed requires the job to be held by a person of a particular sex; or (d) the job involves providing persons of a particular sex with personal services concerning their welfare, health or education and those services can most effectively be performed by a person of a particular sex”. The Committee notes the existence of further exceptions, where a preference is permitted under the Bill and not considered as discrimination: for the care of minors (section 11), for work for religious bodies and educational religious bodies (sections 12 and 13), in situations where wearing a religious dress would impede the performance of a task (section 14), for the provision of services by charities (section 15), for sports (section 16), and visual and performing arts (section 17). The Committee recalls that such exceptions are, in principle, acceptable under the Convention but that the inherent requirements of the particular job must still be evaluated, on a case-by-case basis, in light of the actual bearing of the tasks performed on the institution’s or organization’s objective, and the criteria used must correspond in a concrete and objective way to the inherent requirements of a particular job (see the General Survey on the fundamental Conventions, 2012, paragraphs 827–831). The Committee asks the Government, if the Employment (Prevention of Discrimination) Act was adopted, to provide information on how these provisions are applied in practice, including by the courts (for example by providing extracts of court decisions in which it was found that an inherent requirement applied to a particular position under the Act).

Articles 2 and 3. Equality of opportunity and treatment for men and women. National gender policy. With reference to its previous comment, the Committee notes, from the statistics published by the Barbados Statistical Service (Labour Force Survey 2021), the persisting occupational gender segregation in the labour market. The statistics on gender distribution by occupational group show that the number of women workers is still double that of men workers in services and that there continues to be four times more women than men working as clerks. In contrast, men still largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. The Committee notes, from the concluding observations of the United Nations Committee for the Elimination of Discrimination against Women (CEDAW), the persistence of deep-rooted patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society, which perpetuate the subordination of women in the family and in society, and which is reflected in the educational and professional choices of women, their limited participation in political and public life and in the labour market and their unequal status in family relations. Like the CEDAW, the Committee notes that the Government has not yet taken sustained measures to modify or eliminate discriminatory stereotypes (CEDAW/C/BRB/CO/5-8, 24 July 2017, para. 21). Recalling that the Government has been indicating, since 2008, that a draft National Policy on Gender is underway, the Committee notes, with regret, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report) that this policy is yet to be adopted. The Committee once again urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee again asks the Government to provide:

• (i)a copy of the most recent version of the Policy and information on any progress made; and
• (ii)information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, particularly with a view to increase opportunities for men and women to access occupations in which they are under-represented and to promote work-family balance for all employees.

National policy. With reference to its previous observation, the Committee once again requests the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with concern that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 3(e). Access to education, vocational training and guidance. The Committee notes, from the Beijing+25 national report, that the gender profile of students participating in technical and vocational training reflects traditional choices, for example males in barbering and females in sewn products. In the above-mentioned report, the Government also indicates that efforts are being made to encourage more girls to participate in non-traditional technical and vocational subjects and the STEM (science, technology, engineering and mathematics) disciplines, but no information is provided as to how it will achieve this. The Committee once again asks the Government to provide:

• (i)information on the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented; and
• (ii)provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking.

Article 5. Special measures of protection. The Committee notes that section 10 of the Employment (Prevention of Discrimination) Bill 2020 provides that the adoption by an employer of a measure shall not be taken to be discrimination if that measure is: “(a) designed to promote equality of opportunity for disadvantaged groups; (b) a fair and proportionate means of achieving such equality of opportunity; and (c) used only for so long as it is necessary for the attainment, in the circumstances, of such equality of opportunity”. The Committee requests the Government to provide information on how this provision is applied in practice.

Enforcement. Referring to its previous comments, the Committee notes the CEDAW’s observations that there are insufficient resources allocated to the justice system, overly burdensome procedural rules, considerable backlogs and lengthy delays in processing cases (CEDAW/C/BRB/CO/5-8, para. 13). The Committee urges the Government to take steps to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination and to provide information on the measures taken. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Committee asks the Government to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

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The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Definition of discrimination.Legislative developments. The Committee notes that the Employment (Prevention of Discrimination) Bill 2020 appears to have been enacted; however, it has not received a copy of the Act but only has access to the Bill. The Committee asks the Government to provide a copy of the Act, if enacted, or to provide information as to why the Bill has not been brought into law.

The Committee notes that, under section 3(1) of the above-mentioned Bill, “a person discriminates against another person where: (a) the person, on a ground specified in subsection (2), directly or indirectly, whether intentionally or not, makes a distinction, creates an exclusion or shows a preference, the intent or effect of which is to subject the other person to any disadvantage, restriction or other detriment; or (b) the person, directly or indirectly, whether intentionally or not, subjects the other person to any disadvantage, restriction or other detriment in the following circumstances: (i) a ground specified in subsection (2) applies to the other person; (ii) as a consequence of the ground the other person does not comply, or is not able to comply, with a particular requirement of the first-mentioned person; (iii) the nature of the requirement is such that a substantially higher proportion of persons to whom the ground does not apply complies, or is able to comply, with the requirement; and (iv) the requirement is not reasonable in the circumstances”. The Bill also prohibits an employer from discriminating in relation to job creation and recruitment (section 4) and with regard to the terms and conditions of employment, disciplinary action or dismissal (section 5). While reiterating its concern at the absence of a Government report, the Committee takes due note of this new definition which appears to cover both direct and indirect discrimination in employment and occupation. The Committee requests the Government to: (i) clarify whether the prohibition of discrimination applies to all aspects of occupation and employment, including access to vocational training; and (ii) if the Bill was passed, provide information on the application in practice of section 3(1) of the Employment (Prevention of Discrimination) Act, including by providing a copy of any related court decision.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. With reference to its previous comments, the Committee notes the adoption of the Employment Sexual Harassment (Prevention) Act, 2017, which defines and prohibits sexual harassment in the workplace, and sets out a clear grievances procedure. The Committee notes that section 3(1) of the Act defines sexual harassment as including a number of unwelcome sexual behaviours, listed in sub-paragraphs (a) to (g), “in circumstances where a reasonable person would consider the conduct to be offensive”. Section 3(2) adds that a single incident can be considered as sexual harassment. The Committee also notes that section 5(1) of the Act provides that “[a]n employer or a supervisor of an employee shall not in any manner suggest to an employee that the prospects or working conditions of that employee are contingent upon the employee’s acceptance or toleration of sexual advances”. While reiterating its concern at the absence of a Government report, the Committee takes due note of this positive development and requests the Government to provide: (i) information on how sections 3 and 5 of the Employment Sexual Harassment (Prevention) Act are interpreted and applied in practice, for example by providing copies of any court decisions on claims brought under the Act; and (ii) the number of complaints filed under the Act, the sanctions imposed and remedies granted.

Article 1(1)(a) and (b). Grounds of discrimination. The Committee notes that section 3(2) of the Employment (Prevention of Discrimination) Bill 2020 prohibits discrimination on the basis of race, origin, political opinion, trade union affiliation, colour, creed, sex, sexual orientation, social status, marital status, domestic partnership status, pregnancy, maternity, family responsibility, medical condition, disability, age and physical features. While welcoming the inclusion of a number of the grounds set out in Article 1(1)(a) of the Convention and additional grounds as foreseen in Article 1(1)(b), the Committee notes with regret that the grounds of national extraction and social origin, specified in the Convention under Article 1(1)(a), are not included as prohibited grounds of discrimination. The Committee requests the Government to indicate: (i) the measures envisaged to add to the legislation the grounds of national extraction and social origin in the list of prohibited grounds of discrimination; and (ii) how, in practice, workers are being protected against discrimination, in all aspects of employment and occupation, on the basis of these two grounds.

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

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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 2022, 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

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, 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

Articles 1–3 of the Convention. Legislative protection against discrimination. The Committee had previously noted that the Employment Rights Act 2012, while protecting workers against unfair dismissal on all the grounds enumerated in Article 1(1)(a) and certain additional grounds under Article 1(1)(b) of the Convention, did not ensure full legislative protection against both direct and indirect discrimination for all workers in all aspects of employment and occupation. The Committee previously asked the Government to address the protection gaps in the legislation. The Committee notes that the Government in its report merely restates the constitutional provisions on equality, and the protections afforded by the Employment Rights Act 2012. The Government also maintains that no distinctions, exclusions, or preferences based on the prohibited grounds set out in Article 1(1)(a) or on any additional grounds determined in accordance with Article 1(1)(b) exist in the country, and that no discrimination cases have been reported. Regarding the presumed absence of discrimination, the Committee considers that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address discrimination in employment and occupation, which is both universal and constantly evolving (see 2012 General Survey on the fundamental Conventions, paragraphs 731 and 845). Noting that the Employment (Prevention of Discrimination) Bill 2016 is still in draft form, the Committee urges the Government to take steps, without further delay, to address the protection gaps in the legislation, and to ensure that the anti-discrimination legislation expressly defines and prohibits direct and indirect discrimination in all aspects of employment and occupation, for all workers, and on all the grounds set out in the Convention. The Committee also repeats its request to the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination not only with respect to dismissal but with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with regret that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. The Committee previously noted the absence in the Employment Rights Act 2012 of provisions protecting workers against sexual harassment. The Committee notes the Government’s indication that the proposed Sexual Harassment in the Workplace Bill will define and prohibit both quid pro quo and hostile environment sexual harassment and provide for a tribunal to hear complaints and determine matters related to sexual harassment. The Committee urges the Government to take steps to ensure that the draft Sexual Harassment in the Workplace Bill is adopted speedily and that it will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with concern 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

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments

Repetition

Articles 1–3 of the Convention. Legislative protection against discrimination. The Committee had previously noted that the Employment Rights Act 2012, while protecting workers against unfair dismissal on all the grounds enumerated in Article 1(1)(a) and certain additional grounds under Article 1(1)(b) of the Convention, did not ensure full legislative protection against both direct and indirect discrimination for all workers in all aspects of employment and occupation. The Committee previously asked the Government to address the protection gaps in the legislation. The Committee notes that the Government in its report merely restates the constitutional provisions on equality, and the protections afforded by the Employment Rights Act 2012. The Government also maintains that no distinctions, exclusions, or preferences based on the prohibited grounds set out in Article 1(1)(a) or on any additional grounds determined in accordance with Article 1(1)(b) exist in the country, and that no discrimination cases have been reported. Regarding the presumed absence of discrimination, the Committee considers that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address discrimination in employment and occupation, which is both universal and constantly evolving (see 2012 General Survey on the fundamental Conventions, paragraphs 731 and 845). Noting that the Employment (Prevention of Discrimination) Bill 2016 is still in draft form, the Committee urges the Government to take steps, without further delay, to address the protection gaps in the legislation, and to ensure that the anti-discrimination legislation expressly defines and prohibits direct and indirect discrimination in all aspects of employment and occupation, for all workers, and on all the grounds set out in the Convention. The Committee also repeats its request to the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination not only with respect to dismissal but with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with regret that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. The Committee previously noted the absence in the Employment Rights Act 2012 of provisions protecting workers against sexual harassment. The Committee notes the Government’s indication that the proposed Sexual Harassment in the Workplace Bill will define and prohibit both quid pro quo and hostile environment sexual harassment and provide for a tribunal to hear complaints and determine matters related to sexual harassment. The Committee urges the Government to take steps to ensure that the draft Sexual Harassment in the Workplace Bill is adopted speedily and that it will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

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

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1–3 of the Convention. Legislative protection against discrimination. The Committee had previously noted that the Employment Rights Act 2012, while protecting workers against unfair dismissal on all the grounds enumerated in Article 1(1)(a) and certain additional grounds under Article 1(1)(b) of the Convention, did not ensure full legislative protection against both direct and indirect discrimination for all workers in all aspects of employment and occupation. The Committee previously asked the Government to address the protection gaps in the legislation. The Committee notes that the Government in its report merely restates the constitutional provisions on equality, and the protections afforded by the Employment Rights Act 2012. The Government also maintains that no distinctions, exclusions, or preferences based on the prohibited grounds set out in Article 1(1)(a) or on any additional grounds determined in accordance with Article 1(1)(b) exist in the country, and that no discrimination cases have been reported. Regarding the presumed absence of discrimination, the Committee considers that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address discrimination in employment and occupation, which is both universal and constantly evolving (see 2012 General Survey on the fundamental Conventions, paragraphs 731 and 845). Noting that the Employment (Prevention of Discrimination) Bill 2016 is still in draft form, the Committee urges the Government to take steps, without further delay, to address the protection gaps in the legislation, and to ensure that the anti-discrimination legislation expressly defines and prohibits direct and indirect discrimination in all aspects of employment and occupation, for all workers, and on all the grounds set out in the Convention. The Committee also repeats its request to the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination not only with respect to dismissal but with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with regret that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. The Committee previously noted the absence in the Employment Rights Act 2012 of provisions protecting workers against sexual harassment. The Committee notes the Government’s indication that the proposed Sexual Harassment in the Workplace Bill will define and prohibit both quid pro quo and hostile environment sexual harassment and provide for a tribunal to hear complaints and determine matters related to sexual harassment. The Committee urges the Government to take steps to ensure that the draft Sexual Harassment in the Workplace Bill is adopted speedily and that it will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes 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 initially made in 2017.

Repetition

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Articles 1–3 of the Convention. Legislative protection against discrimination. The Committee had previously noted that the Employment Rights Act 2012, while protecting workers against unfair dismissal on all the grounds enumerated in Article 1(1)(a) and certain additional grounds under Article 1(1)(b) of the Convention, did not ensure full legislative protection against both direct and indirect discrimination for all workers in all aspects of employment and occupation. The Committee previously asked the Government to address the protection gaps in the legislation. The Committee notes that the Government in its report merely restates the constitutional provisions on equality, and the protections afforded by the Employment Rights Act 2012. The Government also maintains that no distinctions, exclusions, or preferences based on the prohibited grounds set out in Article 1(1)(a) or on any additional grounds determined in accordance with Article 1(1)(b) exist in the country, and that no discrimination cases have been reported. Regarding the presumed absence of discrimination, the Committee considers that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address discrimination in employment and occupation, which is both universal and constantly evolving (see 2012 General Survey on the fundamental Conventions, paragraphs 731 and 845). Noting that the Employment (Prevention of Discrimination) Bill 2016 is still in draft form, the Committee urges the Government to take steps, without further delay, to address the protection gaps in the legislation, and to ensure that the anti-discrimination legislation expressly defines and prohibits direct and indirect discrimination in all aspects of employment and occupation, for all workers, and on all the grounds set out in the Convention. The Committee also repeats its request to the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination not only with respect to dismissal but with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with regret that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. The Committee previously noted the absence in the Employment Rights Act 2012 of provisions protecting workers against sexual harassment. The Committee notes the Government’s indication that the proposed Sexual Harassment in the Workplace Bill will define and prohibit both quid pro quo and hostile environment sexual harassment and provide for a tribunal to hear complaints and determine matters related to sexual harassment. The Committee urges the Government to take steps to ensure that the draft Sexual Harassment in the Workplace Bill is adopted speedily and that it will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

CMNT_TITLE

Articles 1–3 of the Convention. Legislative protection against discrimination. The Committee had previously noted that the Employment Rights Act 2012, while protecting workers against unfair dismissal on all the grounds enumerated in Article 1(1)(a) and certain additional grounds under Article 1(1)(b) of the Convention, did not ensure full legislative protection against both direct and indirect discrimination for all workers in all aspects of employment and occupation. The Committee previously asked the Government to address the protection gaps in the legislation. The Committee notes that the Government in its report merely restates the constitutional provisions on equality, and the protections afforded by the Employment Rights Act 2012. The Government also maintains that no distinctions, exclusions, or preferences based on the prohibited grounds set out in Article 1(1)(a) or on any additional grounds determined in accordance with Article 1(1)(b) exist in the country, and that no discrimination cases have been reported. Regarding the presumed absence of discrimination, the Committee considers that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address discrimination in employment and occupation, which is both universal and constantly evolving (see General Survey on the fundamental Conventions, 2012, paragraphs 731 and 845). Noting that the Employment (Prevention of Discrimination) Bill 2016 is still in draft form, the Committee urges the Government to take steps, without further delay, to address the protection gaps in the legislation, and to ensure that the anti-discrimination legislation expressly defines and prohibits direct and indirect discrimination in all aspects of employment and occupation, for all workers, and on all the grounds set out in the Convention. The Committee also repeats its request to the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination not only with respect to dismissal but with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with regret that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. The Committee previously noted the absence in the Employment Rights Act 2012 of provisions protecting workers against sexual harassment. The Committee notes the Government’s indication that the proposed Sexual Harassment in the Workplace Bill will define and prohibit both quid pro quo and hostile environment sexual harassment and provide for a tribunal to hear complaints and determine matters related to sexual harassment. The Committee urges the Government to take steps to ensure that the draft Sexual Harassment in the Workplace Bill is adopted speedily and that it will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report.

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

CMNT_TITLE

The Committee notes 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

Discrimination on the grounds of race, colour and national extraction. In the absence of a reply from the Government on this point and in light of concerns expressed regarding racism in the country, the Committee once again urges the Government to make every effort to collect, analyse (through studies or otherwise) and supply information, including statistics, on the labour market situation of the different groups protected under the Convention, and the action undertaken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction and eliminate discrimination in employment and occupation based on these grounds.

Articles 2 and 3 of the Convention. National policy to promote gender equality. The Committee recalls the significant occupational gender segregation, with women being confined primarily to a limited range of occupations, and previous indications by the Government that a national gender policy was being drafted through an inclusive consultative approach. The Committee urges the Government to provide detailed information on the outcome of the consultations and the status of the national gender policy, on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

Enforcement. The Committee notes that the Employment Rights Act (Part III) establishes the Employment Rights Tribunal which can receive complaints in respect of unfair dismissal (section 32) and issue orders for reinstatement or re-engagement or make awards for compensation (section 33(2)(a)–(b) and (5)). It further notes the Government’s indication that there have been no cases of discrimination reported, as defined in Article 1(1)(a) of the Convention, based on race, colour, sex, religion, political opinion, national extraction or social origin in Barbados. The Government also states that inspection results showed that companies operated within the law and observed the relevant legislation. The Committee draws the Government’s attention to the fact that, where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee requests the Government to provide information on any other measures taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide the texts of relevant decisions of the courts and the Employment Rights Tribunal, involving issues relating to the principle of the Convention. The Committee asks the Government to consider collecting and publishing information on the nature and outcome of discrimination complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, in order to examine the effectiveness of the procedures and mechanisms, and to report on any steps taken in this regard.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislative protection against discrimination. For many years, the Committee has been commenting that the existing legislation does not provide full legislative protection against discrimination as defined under the Convention. It has noted, in this context, that the Government has continued to refer to the forthcoming adoption of the Employment Rights Bill since 2004 and that the Barbados Workers’ Union had expressed disappointment at the time it was taking to enact legislation on sexual harassment and employment rights. The Committee notes that a new Employment Rights Act, 2012-9 has been adopted. Part VI addresses unfair dismissal for reasons relating to trade union membership or activities, real or perceived HIV or AIDS status, disability, pregnancy, or reasons that relate to the race, colour, gender, age, marital status, religion, political opinion or affiliation, national extraction, social origin or indigenous origin of the employee, or the responsibility of an employee for the care and welfare of a child or a dependent family member with a disability (section 27(1) and (3) and section 30(1)(c) ((i)–(iii), (v), (vii), (x) and (xi)(A)–(B)). While welcoming the inclusion of all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, and the additional grounds as foreseen in Article 1(1)(b), the Committee notes that the opportunity was not taken to ensure full legislative protection against direct and indirect discrimination, not only with respect to dismissal but in all aspects of employment and occupation and beyond dismissal, for all workers, and that the new Employment Rights Act does not contain provisions protecting against sexual harassment. Noting, however, the Government’s statement that discrimination legislation is currently being drafted by the Chief Parliamentary Counsel, the Committee requests the Government to take steps without further delay to address the protection gaps in the legislation, and to ensure that the discrimination legislation expressly defines and prohibits sexual harassment (both quid pro quo and hostile environment harassment), as well as direct and indirect discrimination in all aspects of employment and occupation, for all workers, and with respect to all the grounds set out in the Convention. In the meantime, the Committee requests the Government to provide information on the practical measures taken to ensure that workers are being protected in practice against discrimination with respect to all aspects of employment and occupation, on the grounds set out in the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Discrimination on the grounds of race, colour and national extraction. In the absence of a reply from the Government on this point and in light of concerns expressed regarding racism in the country, the Committee once again urges the Government to make every effort to collect, analyse (through studies or otherwise) and supply information, including statistics, on the labour market situation of the different groups protected under the Convention, and the action undertaken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction and eliminate discrimination in employment and occupation based on these grounds.

Articles 2 and 3 of the Convention. National policy to promote gender equality. The Committee recalls the significant occupational gender segregation, with women being confined primarily to a limited range of occupations, and previous indications by the Government that a national gender policy was being drafted through an inclusive consultative approach. The Committee urges the Government to provide detailed information on the outcome of the consultations and the status of the national gender policy, on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

Enforcement. The Committee notes that the Employment Rights Act (Part III) establishes the Employment Rights Tribunal which can receive complaints in respect of unfair dismissal (section 32) and issue orders for reinstatement or re-engagement or make awards for compensation (section 33(2)(a)–(b) and (5)). It further notes the Government’s indication that there have been no cases of discrimination reported, as defined in Article 1(1)(a) of the Convention, based on race, colour, sex, religion, political opinion, national extraction or social origin in Barbados. The Government also states that inspection results showed that companies operated within the law and observed the relevant legislation. The Committee draws the Government’s attention to the fact that, where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee requests the Government to provide information on any other measures taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide the texts of relevant decisions of the courts and the Employment Rights Tribunal, involving issues relating to the principle of the Convention. The Committee asks the Government to consider collecting and publishing information on the nature and outcome of discrimination complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, in order to examine the effectiveness of the procedures and mechanisms, and to report on any steps taken in this regard.

CMNT_TITLE

Legislative protection against discrimination. For many years, the Committee has been commenting that the existing legislation does not provide full legislative protection against discrimination as defined under the Convention. It has noted, in this context, that the Government has continued to refer to the forthcoming adoption of the Employment Rights Bill since 2004 and that the Barbados Workers’ Union had expressed disappointment at the time it was taking to enact legislation on sexual harassment and employment rights. The Committee notes that a new Employment Rights Act, 2012-9 has been adopted. Part VI addresses unfair dismissal for reasons relating to trade union membership or activities, real or perceived HIV or AIDS status, disability, pregnancy, or reasons that relate to the race, colour, gender, age, marital status, religion, political opinion or affiliation, national extraction, social origin or indigenous origin of the employee, or the responsibility of an employee for the care and welfare of a child or a dependent family member with a disability (section 27(1) and (3) and section 30(1)(c) ((i)–(iii), (v), (vii), (x) and (xi)(A)–(B)). While welcoming the inclusion of all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, and the additional grounds as foreseen in Article 1(1)(b), the Committee notes that the opportunity was not taken to ensure full legislative protection against direct and indirect discrimination, not only with respect to dismissal but in all aspects of employment and occupation and beyond dismissal, for all workers, and that the new Employment Rights Act does not contain provisions protecting against sexual harassment. Noting, however, the Government’s statement that discrimination legislation is currently being drafted by the Chief Parliamentary Counsel, the Committee requests the Government to take steps without further delay to address the protection gaps in the legislation, and to ensure that the discrimination legislation expressly defines and prohibits sexual harassment (both quid pro quo and hostile environment harassment), as well as direct and indirect discrimination in all aspects of employment and occupation, for all workers, and with respect to all the grounds set out in the Convention. In the meantime, the Committee requests the Government to provide information on the practical measures taken to ensure that workers are being protected in practice against discrimination with respect to all aspects of employment and occupation, on the grounds set out in the Convention.

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

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:

Repetition

Sexual harassment. The Committee recalls that the Employment Rights Bill does not contain a provision explicitly providing protection against sexual harassment. The Committee further notes the Government’s brief statement that discussions have been held with stakeholders on draft sexual harassment legislation. The Committee draws the attention of the Government to its obligation under the Convention to address all forms of sex discrimination, including sexual harassment, in an effective manner. The Committee asks the Government to step up its efforts to adopt legislation providing protection against sexual harassment, taking into account the elements set out in the 2002 general observation on this Convention, and to consider incorporating provisions on sexual harassment in the Employment Rights Bill. It requests the Government to provide information on any progress made in this respect.

Discrimination on the grounds of race, colour and national extraction. The Committee recalls its previous request for information, including statistics, on the labour market situation of the different “racial” groups, and their employment levels in the public and private sectors, in light of concerns expressed regarding racism in the country. The Committee notes the Government’s very brief reply that such information should be provided by the Manpower Research and Statistical Unit of the Ministry of Labour and Civil Service. The Committee draws the attention of the Government to Article 3(f) of the Convention, pursuant to which it is required to indicate in its reports on the application of the Convention the action taken in pursuance of its equality policy with respect to, among others, the grounds of race, colour and national extraction, and the results secured by such action. The Committee therefore urges the Government to make every effort to collect, analyse (through studies or otherwise) and supply information, including statistics, on the labour market situation of the different groups protected under the Convention, and the action undertaken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction and eliminate discrimination in employment and occupation based on these grounds.

...

Articles 2 and 3. National policy to promote gender equality. The Committee recalls its previous comments in which it had noted the significant occupational gender segregation, with women being confined primarily to a limited range of occupations. It had also noted the various initiatives set out in the Government’s report to promote gender equality, including the drafting of a national gender policy through an inclusive consultative approach. The Committee notes that the Government’s report does not contain any information on any progress made or any results secured by the gender equality initiatives mentioned previously. The Committee requests the Government to provide full information on the outcome of the consultations and the status of the national gender policy. The Committee also reiterates its requests for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Legislative developments. The Committee notes the observations by the Barbados Workers’ Union (BWU), dated 31 August 2011, expressing disappointment at the time it has taken to enact legislation with respect to sexual harassment and employment rights. The BWU also indicates that the Employment Rights Bill will address discrimination in employment and occupation based on union status, HIV/AIDS status, disability, military and civic obligations imposed by law, pregnancy, race, colour, gender, marital status, religion, age, political opinion, national extraction, social origin or indigenous origin, or where the employee is responsible for the care and welfare of a child or a dependent family member. The Committee notes that it has been commenting for many years that the existing legislation does not provide full legislative protection against discrimination as defined under the Convention and that, in this context, the Government has been referring to the Employment Rights Bill since 2004. The Committee asks the Government to take steps without further delay to ensure full legislative protection against direct and indirect discrimination in all aspects of employment and occupation, for all workers, on all the grounds enumerated in Article 1(1)(a) of the Convention, namely race, sex, colour, religion, political opinion, national extraction and social origin. The Committee welcomes the additional grounds of discrimination, as foreseen in Article 1(1)(b) of the Convention, that appear to be included in the Employment Rights Bill, and asks the Government for information on the status of the process for the adoption of the Bill.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request which read as follows:

Repetition

Sexual harassment. The Committee recalls that the Employment Rights Bill does not contain a provision explicitly providing protection against sexual harassment. The Committee further notes the Government’s brief statement that discussions have been held with stakeholders on draft sexual harassment legislation. The Committee draws the attention of the Government to its obligation under the Convention to address all forms of sex discrimination, including sexual harassment, in an effective manner. The Committee asks the Government to step up its efforts to adopt legislation providing protection against sexual harassment, taking into account the elements set out in the 2002 general observation on this Convention, and to consider incorporating provisions on sexual harassment in the Employment Rights Bill. It requests the Government to provide information on any progress made in this respect.

Discrimination on the grounds of race, colour and national extraction. The Committee recalls its previous request for information, including statistics, on the labour market situation of the different “racial” groups, and their employment levels in the public and private sectors, in light of concerns expressed regarding racism in the country. The Committee notes the Government’s very brief reply that such information should be provided by the Manpower Research and Statistical Unit of the Ministry of Labour and Civil Service. The Committee draws the attention of the Government to Article 3(f) of the Convention, pursuant to which it is required to indicate in its reports on the application of the Convention the action taken in pursuance of its equality policy with respect to, among others, the grounds of race, colour and national extraction, and the results secured by such action. The Committee therefore urges the Government to make every effort to collect, analyse (through studies or otherwise) and supply information, including statistics, on the labour market situation of the different groups protected under the Convention, and the action undertaken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction and eliminate discrimination in employment and occupation based on these grounds.

...

Articles 2 and 3. National policy to promote gender equality. The Committee recalls its previous comments in which it had noted the significant occupational gender segregation, with women being confined primarily to a limited range of occupations. It had also noted the various initiatives set out in the Government’s report to promote gender equality, including the drafting of a national gender policy through an inclusive consultative approach. The Committee notes that the Government’s report does not contain any information on any progress made or any results secured by the gender equality initiatives mentioned previously. The Committee requests the Government to provide full information on the outcome of the consultations and the status of the national gender policy. The Committee also reiterates its requests for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

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Legislative developments. The Committee notes the observations by the Barbados Workers’ Union (BWU), dated 31 August 2011, expressing disappointment at the time it has taken to enact legislation with respect to sexual harassment and employment rights. The BWU also indicates that the Employment Rights Bill will address discrimination in employment and occupation based on union status, HIV/AIDS status, disability, military and civic obligations imposed by law, pregnancy, race, colour, gender, marital status, religion, age, political opinion, national extraction, social origin or indigenous origin, or where the employee is responsible for the care and welfare of a child or a dependent family member. The Committee notes that it has been commenting for many years that the existing legislation does not provide full legislative protection against discrimination as defined under the Convention and that, in this context, the Government has been referring to the Employment Rights Bill since 2004. The Committee asks the Government to take steps without further delay to ensure full legislative protection against direct and indirect discrimination in all aspects of employment and occupation, for all workers, on all the grounds enumerated in Article 1(1)(a) of the Convention, namely race, sex, colour, religion, political opinion, national extraction and social origin. The Committee welcomes the additional grounds of discrimination, as foreseen in Article 1(1)(b) of the Convention, that appear to be included in the Employment Rights Bill, and asks the Government for information on the status of the process for the adoption of the Bill.

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

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Legislative developments. The Committee recalls that the legislation does not provide adequate protection against discrimination based on all the grounds set out in Article 1(1)(a) of the Convention. It also recalls the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, which indicated that the Employment Rights Bill would address direct and indirect discrimination in employment and occupation based on race, colour, gender, religion, political opinion, national extraction, marital status, indigenous origin and social origin. Noting the Government’s statement that the Employment Rights Bill is now at an advanced state of drafting, the Committee hopes that the Bill will soon be enacted and include a comprehensive definition of discrimination that recognizes all the grounds enumerated in the Convention and addresses direct and indirect discrimination in employment and occupation. Please provide a copy of the new legislation once adopted.

Sexual harassment. The Committee recalls that the Employment Rights Bill does not contain a provision explicitly providing protection against sexual harassment. The Committee further notes the Government’s brief statement that discussions have been held with stakeholders on draft sexual harassment legislation. The Committee draws the attention of the Government to its obligation under the Convention to address all forms of sex discrimination, including sexual harassment, in an effective manner. The Committee asks the Government to step up its efforts to adopt legislation providing protection against sexual harassment, taking into account the elements set out in the 2002 general observation on this Convention, and to consider incorporating provisions on sexual harassment in the Employment Rights Bill. It requests the Government to provide information on any progress made in this respect.

Discrimination on the grounds of race, colour and national extraction. The Committee recalls its previous request for information, including statistics, on the labour market situation of the different “racial” groups, and their employment levels in the public and private sectors, in light of concerns expressed regarding racism in the country. The Committee notes the Government’s very brief reply that such information should be provided by the Manpower Research and Statistical Unit of the Ministry of Labour and Civil Service. The Committee draws the attention of the Government to Article 3(f) of the Convention, pursuant to which it is required to indicate in its reports on the application of the Convention the action taken in pursuance of its equality policy with respect to, among others, the grounds of race, colour and national extraction, and the results secured by such action. The Committee therefore urges the Government to make every effort to collect, analyse (through studies or otherwise) and supply information, including statistics, on the labour market situation of the different groups protected under the Convention, and the action undertaken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction and eliminate discrimination in employment and occupation based on these grounds.

Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV/AIDS. The Committee notes with interest the “Code of practices on HIV/AIDS and other life-threatening illnesses in the workplace” developed by the Social Partners and the Ministry of Labour, for the public service. The Committee requests the Government to provide information on the measures taken to promote the code of practices at the workplace level and their impact on preventing and eliminating discrimination based on HIV/AIDS in employment and occupation. Please also continue to provide information on any initiatives and active participation of the social partners in updating and defining newly recognized grounds of discrimination.

Articles 2 and 3. National policy to promote gender equality. The Committee recalls its previous comments in which it had noted the significant occupational gender segregation, with women being confined primarily to a limited range of occupations. It had also noted the various initiatives set out in the Government’s report to promote gender equality, including the drafting of a national gender policy through an inclusive consultative approach. The Committee notes that the Government’s report does not contain any information on any progress made or any results secured by the gender equality initiatives mentioned previously. The Committee requests the Government to provide full information on the outcome of the consultations and the status of the national gender policy. The Committee also reiterates its requests for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

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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 director request, which read as follows:

Legislative developments and grounds of discrimination. The Committee recalls its previous comments in which it had noted that article 23 of the Constitution of Barbados prohibited discrimination only on the grounds of race, place of origin, political opinions, colour and creed. It had also noted the Government’s indication that the Employment Rights Bill was still under discussion. The Committee notes the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, which expresses disappointment with the slow pace of finalizing the Employment Rights Bill. According to the CTUSAB, the Employment Rights Bill addresses discrimination based on race, colour, religion, political opinion, national extraction, marital status, indigenous origin and social origin, and direct and indirect discrimination in employment and occupation. The Committee urges the Government to increase its efforts to finalize the Employment Rights Bill, which it hopes will now include a comprehensive definition of discrimination that recognizes all the grounds enumerated in the Convention, including race, colour, sex, religion, political opinion, national extraction and social origin, and addresses direct and indirect discrimination in employment and occupation. Please provide information on any progress made in the adoption of the Bill.

Sexual harassment. The Committee notes the CTUSAB’s disappointment with the slow pace of finalizing sexual harassment legislation, as well as its indication that the Employment Rights Bill does not include a provision providing protection against sexual harassment. The Committee also notes that the CTUSAB continues to promote protection against sexual harassment through collective agreements. The Committee hopes that the Government will consider incorporating provisions on sexual harassment in the Employment Rights Bill and that it will make every effort to adopt legislation providing protection against sexual harassment in the very near future. It requests the Government to keep the Committee informed of any new developments in this respect.

Discrimination on the grounds of race, colour and national extraction. The Committee notes from the concluding observations of the Committee on the Elimination of Racial Discrimination adopted during its 67th Session (2–19 August 2005), the concerns expressed regarding racism in Barbados. According to the report submitted by the Government to the Committee on the Elimination of Racial Discrimination, the social structure of Barbados remains segmented socially and culturally as a result of its history. The Committee requests the Government to provide information, including statistics, on the labour market situation of the different racial groups, and their employment levels in public and private sectors.

HIV/AIDS. Additional grounds of discrimination. Article 1, paragraph 1(b), of the Convention. The Committee notes, as reported by the Government, the enactment of the HIV/AIDS code of practice. The Committee further notes that the Barbados Workers’ Union states that it successfully negotiated an agreement with employers not to discriminate against employees with HIV/AIDS or other life-threatening illnesses. Employees who are willing and able to work are allowed to do so, their entitlements are protected, and they may have a modified work schedule. The Committee welcomes such initiatives and the active participation of the social partners in updating and defining newly recognized grounds of discrimination, and asks the Government to continue to provide such information. As the copy of the HIV/AIDS code of practice was not enclosed with the Government’s report, the Committee asks the Government to submit it with its next report.

National policy to promote gender equality. Articles 2 and 3. The Committee notes the Government’s indication that there is significant occupational segregation, with women being confined primarily to a limited range of occupations. The Committee also notes the various initiatives set out in the Government’s report, including the Social Partnership of 2001–04 which has as one of its stated objectives the achievement of gender equality through redressing imbalances of skills or educational disadvantage. It also notes the activities of the Bureau of Gender Affairs, including a gender mainstreaming programme, training in gender analysis and planning, and drafting a national policy statement on gender. A multi-sectoral approach has been taken to the drafting of the policy, with inputs being sought from the National Advisory Council on Gender, different ministries and government departments, the non-governmental community, the private sector and other relevant stakeholders. The Committee welcomes this inclusive approach to developing a national policy statement, and asks the Government to provide, with its next report, information on the outcome of the consultations and the status of the policy. The Committee also asks the Government for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

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Legislative developments and grounds of discrimination. The Committee recalls its previous comments in which it had noted that article 23 of the Constitution of Barbados prohibited discrimination only on the grounds of race, place of origin, political opinions, colour and creed. It had also noted the Government’s indication that the Employment Rights Bill was still under discussion. The Committee notes the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, which expresses disappointment with the slow pace of finalizing the Employment Rights Bill. According to the CTUSAB, the Employment Rights Bill addresses discrimination based on race, colour, religion, political opinion, national extraction, marital status, indigenous origin and social origin, and direct and indirect discrimination in employment and occupation. The Committee urges the Government to increase its efforts to finalize the Employment Rights Bill, which it hopes will now include a comprehensive definition of discrimination that recognizes all the grounds enumerated in the Convention, including race, colour, sex, religion, political opinion, national extraction and social origin, and addresses direct and indirect discrimination in employment and occupation. Please provide information on any progress made in the adoption of the Bill.

Sexual harassment. The Committee notes the CTUSAB’s disappointment with the slow pace of finalizing sexual harassment legislation, as well as its indication that the Employment Rights Bill does not include a provision providing protection against sexual harassment. The Committee also notes that the CTUSAB continues to promote protection against sexual harassment through collective agreements. The Committee hopes that the Government will consider incorporating provisions on sexual harassment in the Employment Rights Bill and that it will make every effort to adopt legislation providing protection against sexual harassment in the very near future. It requests the Government to keep the Committee informed of any new developments in this respect.

The Committee further 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 following matters raised in its previous direct request, which read as follows.

Discrimination on the grounds of race, colour and national extraction. The Committee notes from the concluding observations of the Committee on the Elimination of Racial Discrimination adopted during its 67th Session (2–19 August 2005), the concerns expressed regarding racism in Barbados. According to the report submitted by the Government to the Committee on the Elimination of Racial Discrimination, the social structure of Barbados remains segmented socially and culturally as a result of its history. The Committee requests the Government to provide information, including statistics, on the labour market situation of the different racial groups, and their employment levels in public and private sectors.

HIV/AIDS. Additional grounds of discrimination. Article 1(1)(b). The Committee notes, as reported by the Government, the enactment of the HIV/AIDS code of practice. The Committee further notes that the Barbados Workers’ Union states that it successfully negotiated an agreement with employers not to discriminate against employees with HIV/AIDS or other life-threatening illnesses. Employees who are willing and able to work are allowed to do so, their entitlements are protected, and they may have a modified work schedule. The Committee welcomes such initiatives and the active participation of the social partners in updating and defining newly recognized grounds of discrimination, and asks the Government to continue to provide such information. As the copy of the HIV/AIDS code of practice was not enclosed with the Government’s report, the Committee asks the Government to submit it with its next report.

National policy to promote gender equality. Articles 2 and 3. The Committee notes the Government’s indication that there is significant occupational segregation, with women being confined primarily to a limited range of occupations. The Committee also notes the various initiatives set out in the Government’s report, including the Social Partnership of 2001–04 which has as one of its stated objectives the achievement of gender equality through redressing imbalances of skills or educational disadvantage. It also notes the activities of the Bureau of Gender Affairs, including a gender mainstreaming programme, training in gender analysis and planning, and drafting a national policy statement on gender. A multi-sectoral approach has been taken to the drafting of the policy, with inputs being sought from the National Advisory Council on Gender, different ministries and government departments, the non-governmental community, the private sector and other relevant stakeholders. The Committee welcomes this inclusive approach to developing a national policy statement, and asks the Government to provide, with its next report, information on the outcome of the consultations and the status of the policy. The Committee also asks the Government for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

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The Committee notes with 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(1)(a) of the Convention. Grounds of discrimination. The Committee notes that the Government points to the Constitution of Barbados as the only legislation relevant to the Convention, and states that the Employment Rights Bill is still under discussion. The Committee noted previously that article 23 of the Constitution prohibits discrimination only on the grounds of race, place of origin, political opinions, colour and creed. The Committee urges the Government to ensure that the Employment Rights Bill incorporates a comprehensive definition of discrimination that recognizes all the grounds enumerated in the Convention, including race, colour, sex, religion, political opinion, national extraction and social origin, and addresses direct and indirect discrimination in employment and occupation. In this context, the Committee again requests the Government to forward a copy of the Employment Rights Bill so that it can evaluate its contents in the light of the requirements of the Convention. The Committee requests the Government to keep it informed of any progress in the adoption of the Bill.

2. Sexual harassment. The Committee notes from the Government’s report that discussions on the Sexual Harassment Bill are currently ongoing with the social partners and the wider community. The Committee notes that a number of events focusing on sexual harassment were hosted or supported by the Bureau of Gender Affairs. The Committee notes further that the Barbados Workers’ Union states that significant progress has been made in promoting protection against sexual harassment through collective agreements. The Committee requests the Government to continue to provide information on the measures taken to prevent and address sexual harassment, and raise awareness regarding this issue, and to provide copies of relevant collective agreements. It also requests the Government to provide a copy of the Sexual Harassment Bill, and to keep it informed of progress in the consultation and adoption process.

3. Discrimination on the grounds of race, colour and national extraction. The Committee notes from the Concluding Observations of the Committee on the Elimination of Racial Discrimination adopted during its 67th Session
(2–19 August 2005), the concerns expressed regarding racism in Barbados. According to the report submitted by the Government to the Committee on the Elimination of Racial Discrimination, the social structure of Barbados remains segmented socially and culturally as a result of its history. The Committee requests the Government to provide information, including statistics, on the labour market situation of the different racial groups, and their employment levels in public and private sectors.

4. Article 1(1)(b). Additional grounds of discrimination. HIV/AIDS. The Committee notes, as reported by the Government, the enactment of the HIV/AIDS code of practice. The Committee further notes that the Barbados Workers’ Union states that it successfully negotiated an agreement with employers not to discriminate against employees with HIV/AIDS or other life-threatening illnesses. Employees who are willing and able to work are allowed to do so, their entitlements are protected, and they may have a modified work schedule. The Committee welcomes such initiatives and the active participation of the social partners in updating and defining newly recognized grounds of discrimination, and asks the Government to continue to provide such information. As the copy of the HIV/AIDS code of practice was not enclosed with the Government’s report, the Committee asks the Government to submit it with its next report.

5. Articles 2 and 3. National policy to promote gender equality. The Committee notes the Government’s indication that there is significant occupational segregation, with women being confined primarily to a limited range of occupations. The Committee also notes the various initiatives set out in the Government’s report, including the Social Partnership of 2001–04 which has as one of its stated objectives the achievement of gender equality through redressing imbalances of skills or educational disadvantage. It also notes the activities of the Bureau of Gender Affairs, including a gender mainstreaming programme, training in gender analysis and planning, and drafting a National Policy Statement on Gender. A multi‑sectoral approach has been taken to the drafting of the policy, with inputs being sought from the National Advisory Council on Gender, different ministries and government departments, the non-governmental community, the private sector and other relevant stakeholders. The Committee welcomes this inclusive approach to developing a national policy statement, and asks the Government to provide, with its next report, information on the outcome of the consultations and the status of the policy. The Committee also asks the Government for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

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1. Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes that the Government points to the Constitution of Barbados as the only legislation relevant to the Convention, and states that the Employment Rights Bill is still under discussion. The Committee noted previously that
article 23 of the Constitution prohibits discrimination only on the grounds of race, place of origin, political opinions, colour and creed. The Committee urges the Government to ensure that the Employment Rights Bill incorporates a comprehensive definition of discrimination that recognizes all the grounds enumerated in the Convention, including race, colour, sex, religion, political opinion, national extraction and social origin, and addresses direct and indirect discrimination in employment and occupation. In this context, the Committee again requests the Government to forward a copy of the Employment Rights Bill so it can evaluate its contents in the light of the requirements of the Convention. The Committee requests the Government to keep it informed of any progress in the adoption of the Bill.

2. Sexual harassment. The Committee notes from the Government’s report that discussions on the Sexual Harassment Bill are currently ongoing with the social partners and the wider community. The Committee notes that a number of events focusing on sexual harassment were hosted or supported by the Bureau of Gender Affairs. The Committee notes further that the Barbados Workers’ Union states that significant progress has been made in promoting protection against sexual harassment through collective agreements. The Committee requests the Government to continue to provide information on the measures taken to prevent and address sexual harassment, and raise awareness regarding this issue, and to provide copies of relevant collective agreements. It also requests the Government to provide a copy of the Sexual Harassment Bill, and to keep it informed of progress in the consultation and adoption process.

3. Discrimination on the grounds of race, colour and national extraction. The Committee notes from the Concluding Observations of the Committee on the Elimination of Racial Discrimination adopted during its 67th Session
(2-19 August 2005), the concerns expressed regarding racism in Barbados. According to the report submitted by the Government to the Committee on the Elimination of Racial Discrimination, the social structure of Barbados remains segmented socially and culturally as a result of its history. The Committee requests the Government to provide information, including statistics, on the labour market situation of the different racial groups, and their employment levels in public and private sectors.

4. Article 1(1)(b). Additional grounds of discrimination. HIV/AIDS. The Committee notes, as reported by the Government, the enactment of the HIV/AIDS code of practice. The Committee further notes that the Barbados Workers’ Union states that it successfully negotiated an agreement with employers not to discriminate against employees with HIV/AIDS or other life-threatening illnesses. Employees who are willing and able to work are allowed to do so, their entitlements are protected, and they may have a modified work schedule. The Committee welcomes such initiatives and the active participation of the social partners in updating and defining newly recognized grounds of discrimination, and asks the Government to continue to provide such information. As the copy of the HIV/AIDS code of practice was not enclosed with the Government’s report, the Committee asks the Government to submit it with its next report.

5. Articles 2 and 3. National policy to promote gender equality. The Committee notes the Government’s indication that there is significant occupational segregation, with women being confined primarily to a limited range of occupations. The Committee also notes the various initiatives set out in the Government’s report, including the Social Partnership of 2001 to 2004 which has as one of its stated objectives the achievement of gender equality through redressing imbalances of skills or educational disadvantage. It also notes the activities of the Bureau of Gender Affairs, including a gender mainstreaming programme, training in gender analysis and planning, and drafting a National Policy Statement on Gender. A multi-sectoral approach has been taken to the drafting of the policy, with inputs being sought from the National Advisory Council on Gender, different ministries and government departments, the non-governmental community, the private sector and other relevant stakeholders. The Committee welcomes this inclusive approach to developing a national policy statement, and asks the Government to provide, with its next report, information on the outcome of the consultations and the status of the policy. The Committee also asks the Government for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.

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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 reads as follows:

1. Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes from the Government’s report that the Constitution implements the provisions of the Convention and that all national legislation is gender neutral and is based on the principles of equality. It also notes that the Government is in the process of drafting an Employment Rights Bill. The Barbados Employers’ Confederation has further reported that currently no specific legislation exists to implement the Convention but that the draft Employment Rights Bill will provide protection against discrimination under the Convention. The Committee also notes the report of Barbados submitted to the Committee on the Elimination of Discrimination against Women (CEDAW) and the conclusions of CEDAW contained in document A/57/38 (paragraphs 225-255, November 2002). CEDAW expresses concern that although the Constitution recognizes women’s equality before the law and guarantees the fundamental rights and freedoms of all individuals, sex is not included as a ground for discrimination. It recommends that the Government take steps to include in the Constitution, or other legislation, a specific right of non-discrimination on the grounds of sex. The Committee notes that section 23(2) of the Constitution defining discrimination only lists the grounds of race, place of origin, political opinions, colour or creed and, therefore, omits reference to sex, religion, national extraction and social origin. The Committee trusts that the draft Employment Rights Bill will incorporate a comprehensive definition of discrimination that recognizes all the grounds in the Convention, including sex, religion, national extraction and social origin and which addresses both direct and indirect discrimination in equality of opportunity or treatment in employment. It requests the Government to provide a copy of the draft legislation and to keep the Office informed of its progress.

2. Article 1(1)(a). Sexual harassment. The Government’s report makes no reference to the measures taken to address sexual harassment in the workplace in response to the Committees previous comments on this matter. The Barbados Employers’ Confederation, however, reports that tripartite discussions are being held on this issue. The Committee notes from earlier Government reports that legislation on sexual harassment in the workplace had been anticipated before 2000. The Committee requests that the Government inform it of the outcome of this legislation or other initiatives to address this issue such as a provision on sexual harassment in the draft Employment Rights Bill and the determinations of any tripartite discussions are incorporated.

3. Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the "social compact" between social partners has led to the development of codes of practice to eliminate discrimination against people on the grounds of disability and HIV/AIDS, to be implemented through collective agreements. It also notes that the draft Employment Rights Bill recognizes these grounds for discrimination as determined by the social partners. The Committee recalls from its General Survey on equality in employment and occupation in 1988 (paragraph 64) that the participation of employers’ and workers’ organizations in the determination of grounds of discrimination other than those expressly referred to in the 1958 instrument is of particular importance since it provides additional guarantees of the acceptance and implementation of the policy. The Committee hopes the Government will continue its collaboration with social partners in updating and defining new grounds of discrimination for incorporation in the legislation and indicate whether it intends to bring them within the scope of Article 1(1)(b) of the Convention. Please provide copies of the relevant codes of practice with the next report.

4. Articles 2 and 3. National policy to promote equality. The Committee notes from the Governments report that the national policy designed to promote equality in respect of employment is declared through national legislation, including the Constitution, and collective agreements. It also notes that the Bureau for Gender Affairs has taken steps to prepare a national policy on gender following a national consultation in January 2002 on gender and development and is implementing a programme of training and sensitization for the inter-ministerial focal points responsible for the gender management systems in all departments of the Government. Despite previous comments by the Committee, the Government has provided no concrete details on the extent to which either the collective agreements or the Bureau for Gender Affairs formulates and implements an employment equality policy. The Committee, therefore, must once again stress the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. In this regard, the Committee strongly hopes the Government will be in a position to provide a copy of the national policy on gender and the collective agreements referred to in its report together with updated statistics, disaggregated by sex, on labour force participation of men and women and wages to enable it to assess the effect of all policies to promote equality.

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1. Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes from the Government’s report that the Constitution implements the provisions of the Convention and that all national legislation is gender neutral and is based on the principles of equality. It also notes that the Government is in the process of drafting an Employment Rights Bill. The Barbados Employers’ Confederation has further reported that currently no specific legislation exists to implement the Convention but that the draft Employment Rights Bill will provide protection against discrimination under the Convention. The Committee also notes the report of Barbados submitted to the Committee on the Elimination of Discrimination against Women (CEDAW) and the conclusions of CEDAW contained in document A/57/38 (paragraphs 225-255, November 2002). CEDAW expresses concern that although the Constitution recognizes women’s equality before the law and guarantees the fundamental rights and freedoms of all individuals, sex is not included as a ground for discrimination. It recommends that the Government take steps to include in the Constitution, or other legislation, a specific right of non-discrimination on the grounds of sex. The Committee notes that section 23(2) of the Constitution defining discrimination only lists the grounds of race, place of origin, political opinions, colour or creed and, therefore, omits reference to sex, religion, national extraction and social origin. The Committee trusts that the draft Employment Rights Bill will incorporate a comprehensive definition of discrimination that recognizes all the grounds in the Convention, including sex, religion, national extraction and social origin and which addresses both direct and indirect discrimination in equality of opportunity or treatment in employment. It requests the Government to provide a copy of the draft legislation and to keep the Office informed of its progress.

2. Article 1(1)(a). Sexual harassment. The Government’s report makes no reference to the measures taken to address sexual harassment in the workplace in response to the Committees previous comments on this matter. The Barbados Employers’ Confederation, however, reports that tripartite discussions are being held on this issue. The Committee notes from earlier Government reports that legislation on sexual harassment in the workplace had been anticipated before 2000. The Committee requests that the Government inform it of the outcome of this legislation or other initiatives to address this issue such as a provision on sexual harassment in the draft Employment Rights Bill and the determinations of any tripartite discussions are incorporated.

3. Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the "social compact" between social partners has led to the development of codes of practice to eliminate discrimination against people on the grounds of disability and HIV/AIDS, to be implemented through collective agreements. It also notes that the draft Employment Rights Bill recognizes these grounds for discrimination as determined by the social partners. The Committee recalls from its General Survey on equality in employment and occupation in 1988 (paragraph 64) that the participation of employers’ and workers’ organizations in the determination of grounds of discrimination other than those expressly referred to in the 1958 instrument is of particular importance since it provides additional guarantees of the acceptance and implementation of the policy. The Committee hopes the Government will continue its collaboration with social partners in updating and defining new grounds of discrimination for incorporation in the legislation and indicate whether it intends to bring them within the scope of article 11(b) of the Constitution. Please provide copies of the relevant codes of practice with the next report.

4. Articles 2 and 3. National policy to promote equality. The Committee notes from the Governments report that the national policy designed to promote equality in respect of employment is declared through national legislation, including the Constitution, and collective agreements. It also notes that the Bureau for Gender Affairs has taken steps to prepare a national policy on gender following a national consultation in January 2002 on gender and development and is implementing a programme of training and sensitization for the inter-ministerial focal points responsible for the gender management systems in all departments of the Government. Despite previous comments by the Committee, the Government has provided no concrete details on the extent to which either the collective agreements or the Bureau for Gender Affairs formulates and implements an employment equality policy. The Committee, therefore, must once again stress the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. In this regard, the Committee strongly hopes the Government will be in a position to provide a copy of the national policy on gender and the collective agreements referred to in its report together with updated statistics, disaggregated by sex, on labour force participation of men and women and wages to enable it to assess the effect of all policies to promote equality.

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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. The Committee notes with some concern the Government’s statement in its report in relation to Article 2 of the Convention indicating that "Barbados currently has no reason to implement policy in respect to access to vocational training; access to employment and to particular occupations and to terms and conditions of employment". Nevertheless, it notes that the Government had introduced changes to shift from the concept of women in development to gender and development in order to take a more inclusive approach involving both men and women in the promotion of equality. The Committee also notes that the functions of the Bureau of Gender Affairs and the National Advisory Council on Gender Affairs include, inter alia, the adoption of a national plan on gender and development and refinement of policies. In this regard, the Committee must stress the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee points out that data provided in the Barbados Labour Market Information System (BLMIS) reveals the importance of continuing to promote gender equality in training and employment. In reviewing change between 1995 and 2000, while there has been an overall reduction in unemployment, and labour force participation rates remain unchanged and similar between men and women, women continue to suffer from a higher unemployment rate than men (unemployment rate of men: 7.3 per cent; women: 11.3 per cent in 2000). In terms of employment, the 1995-2000 comparison shows that employment of women increased only in government service, while men enjoyed increases in self-employed and private employment categories. Moreover, more women are engaged in unpaid family worker and apprentice status in 2000 than in 1995. The number of men in the same employment status remains the same. In view of the organizational change in the Government and the actual situation of women in the labour force, the Committee hopes that the Government will be in a position to establish an employment equality policy and will provide a copy of the gender action plan upon adoption.

2. Regarding the Committee’s request for information on concrete measures taken by the labour inspectorate to promote the Convention and their impact, the Committee notes that no measures were taken in this regard.  Therefore, it recalls that the ILO remains at the Government’s disposal for technical cooperation.

3. The Committee welcomes the Government’s initiative in police training and the positive results of the training.  The Committee also welcomes the Government’s undertakings in relation to HIV/AIDS including setting up a National Commission on HIV/AIDS and completion of a National Plan of Action involving public education. The Committee requests the Government to indicate whether it intends to define HIV/AIDS as a ground upon which discrimination is prohibited in employment and occupation.

4. Further to its previous comment, the Committee requests the Government to provide information on the status of any legislative or other initiative on sexual harassment at work.

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1. The Committee notes with some concern the Government’s statement in its report in relation to Article 2 of the Convention indicating that "Barbados currently has no reason to implement policy in respect to access to vocational training; access to employment and to particular occupations and to terms and conditions of employment". Nevertheless, it notes that the Government had introduced changes to shift from the concept of women in development to gender and development in order to take a more inclusive approach involving both men and women in the promotion of equality. The Committee also notes that the functions of the Bureau of Gender Affairs and the National Advisory Council on Gender Affairs include, inter alia, the adoption of a national plan on gender and development and refinement of policies. In this regard, the Committee must stress the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee points out that data provided in the Barbados Labour Market Information System (BLMIS) reveals the importance of continuing to promote gender equality in training and employment. In reviewing change between 1995 and 2000, while there has been an overall reduction in unemployment, and labour force participation rates remain unchanged and similar between men and women, women continue to suffer from a higher unemployment rate than men (unemployment rate of men: 7.3 per cent; women: 11.3 per cent in 2000). In terms of employment, the 1995-2000 comparison shows that employment of women increased only in government service, while men enjoyed increases in self-employed and private employment categories. Moreover, more women are engaged in unpaid family worker and apprentice status in 2000 than in 1995. The number of men in the same employment status remains the same. In view of the organizational change in the Government and the actual situation of women in the labour force, the Committee hopes that the Government will be in a position to establish an employment equality policy and will provide a copy of the gender action plan upon adoption.

2. Regarding the Committee’s request for information on concrete measures taken by the labour inspectorate to promote the Convention and their impact, the Committee notes that no measures were taken in this regard.  Therefore, it recalls that the ILO remains at the Government’s disposal for technical cooperation.

3. The Committee welcomes the Government’s initiative in police training and the positive results of the training.  The Committee also welcomes the Government’s undertakings in relation to HIV/AIDS including setting up a National Commission on HIV/AIDS and completion of a National Plan of Action involving public education. The Committee requests the Government to indicate whether it intends to define HIV/AIDS as a ground upon which discrimination is prohibited in employment and occupation.

4. Further to its previous comment, the Committee requests the Government to provide information on the status of any legislative or other initiative on sexual harassment at work.

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1.  The Committee notes the information in the Government’s report and the attached report on activities undertaken to implement the recommendations of the Beijing Conference (1995-99). The report details the various measures including the Edutech 2000 project on integration of technology into the primary and secondary school levels, the creation of an association to address the needs of women in the agriculture sector (Women in Agriculture in Barbados), and the proposal for a law on sexual harassment in the workplace, among others. It requests the Government to continue to provide information on these and other measures aimed at achieving equality of opportunity and treatment for men and women in employment and occupation.

2.  Regarding the plan to provide training for labour inspectors, the Committee notes that this has not yet taken place. It recalls its previous comment on the possibility of requesting technical assistance from the ILO in this regard, and asks the Government to keep it informed on concrete measures taken by the labour inspectorate to promote the Convention, and their impact.

3.  The Committee notes the various activities of the Bureau of Women’s Affairs aimed at promoting equality of opportunity and treatment for women and men. It notes its efforts to mainstream gender into national development programmes including in the national development plan for the new millennium, the pilot project on the budgetary process, the inclusion of disaggregated data in the national census and in the labour market information system database among others. It also notes that the revision of the National Policy Statement on Women, which aims to incorporate sectoral policies and approaches, has not yet been completed. It further notes the statistical analysis of gender equity in national bodies and commissions carried out by the Bureau which found that women’s participation on such bodies was low. The Committee requests the Government to continue to provide information on the activities of the Bureau for Women’s Affairs to apply the Convention in achieving equality of opportunity and treatment in employment and occupation. It also asks to be kept informed on the progress of the National Policy, and to be provided with a copy when completed.

4.  The Committee recalls its previous comment regarding the work of the National Advisory Board on Women which is responsible for researching, monitoring and advising on matters affecting women, including discrimination complaints, and asks the Government to provide such information in its next report.

5.  Regarding the Government’s statement that there are no laws to ensure the effective application of provisions and policy on equality of opportunity and treatment in employment and occupation, the Committee asks whether any measures have been taken or are contemplated to adopt a legislative enactment to provide a framework for its activities in this regard.

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1. The Committee notes the information provided by the Government concerning the application of the Convention in relation to vocational training. The Government recognizes that no specific measures have been taken to ensure equal access of women to vocational training, but affirms that in practice vocational training is open to all students, irrespective of sex, race, colour, etc. In this respect, the Committee wishes to draw the Government's attention to the ILO's Digest of Caribbean Labour Statistics compiled in 1996, to which it referred in its previous comment, which shows that in Barbados women are still concentrated in a relatively small range of low-wage and dead-end jobs and occupations and that unemployment is higher among women than men. The Committee therefore requests the Government to indicate the manner in which it intends to resolve this situation and whether it envisages taking measures to enable more women to have access to non-traditional occupations and also to higher-level positions in the private and public sectors. The Committee also notes that the Government makes no comment on the progress achieved in the implementation of the recommendations contained in the report presented by the Government to the Beijing Conference, and it once again asks to be provided with information on this point.

2. The Committee welcomes the fact that the Government is planning to provide training to labour inspectors on equality between men and women in employment and occupation and hopes that it will keep the Committee informed of these activities. It draws the Government's attention to the possibility of requesting technical assistance from the ILO in this respect. However, it notes that the Government has not responded to its request for information on the specific measures taken by the labour inspectorate to ensure the effective application of provisions and policy on equality of opportunity and treatment in employment and occupation, and it therefore repeats its request for information on this matter.

3. Noting that the Government has not provided information on the other points raised in its previous comment, the Committee is bound to repeat them.

2. Article 2. With regard to the national policy to promote equality of opportunity and treatment in employment and occupation, the Committee notes that the National Bureau on Women's Affairs is revising the National Policy Statement on Women and that a national consultation on women was held in November 1997 to obtain input from the various organizations, agencies and ministries. The Committee asks the Government to provide a copy of the revised Policy Statement as soon as it is finalized and to continue to provide information on the activities of the National Bureau on Women's Affairs relevant to the Convention.

3. Article 3. The Committee notes with interest the re-appointment of the National Advisory Board on Women (NACW) in 1997 for a period of three years. The NACW will be responsible for researching, monitoring and advising on matters affecting women as well as investigating and reporting on complaints of discrimination against women. The Committee requests the Government, in its next report, to provide information on the specific activities undertaken or envisaged by the NACW in relation to the abovementioned responsibilities, particularly as regards the handling of any matters concerning employment and occupation. The Committee also asks the Government to indicate any other measures taken or envisaged to pursue a policy of equality of opportunity and treatment in employment and occupation, in particular by means of legislative enactment. Please also provide information on any collective agreements containing provisions on equality in respect of training, employment or terms and conditions of employment.

4. The Committee hopes that the Government will provide the information requested in its next report.

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

1. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibition of discrimination based on other grounds than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on the practical application of the principle of the Convention as regards access to vocational training, access to employment and terms and conditions of employment on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

2. Article 2. With regard to the national policy to promote equality of opportunity and treatment in employment and occupation, the Committee notes that the National Bureau on Women's Affairs is revising the National Policy Statement on Women and that a national consultation on women was held in November 1997 to obtain input from the various organizations, agencies and ministries. The Committee asks the Government to provide a copy of the revised Policy Statement as soon as it is finalized and to continue to provide information on the activities of the National Bureau on Women's Affairs relevant to the Convention.

3. Article 3. The Committee notes with interest the re-appointment of the National Advisory Board on Women (NACW) in 1997 for a period of three years. The NACW will be responsible for researching, monitoring and advising on matters affecting women as well as investigating and reporting on complaints of discrimination against women. The Committee requests the Government to provide, in its next report, information on the specific activities undertaken or envisaged by the NACW in relation to the above-mentioned responsibilities, particularly as regards the handling of any matters concerning employment and occupation. The Committee also asks the Government to indicate any other measures taken or envisaged to pursue a policy of equality of opportunity and treatment in employment and occupation, in particular by means of legislative enactment. Please also provide information on any collective agreements containing provisions on equality in respect of training, employment or terms and conditions of employment.

4. As concerns women's equal access to employment, the Committee notes from the Government's report that more women are now engaged in the labour force and are entering into jobs which were traditionally considered to be male oriented. However, data included in the 1996 ILO's Digest of Caribbean labour statistics show that women are still concentrated in a reduced set of relatively low wage and dead-end type of jobs and occupations such as clerks (11,600 women compared to 2,900 men) and service and shop workers (11,500 women compared to 8,500 men). Further the female youth unemployment rate (43.2 per cent) remained considerably high in 1995 compared to the male youth unemployment rate (33.3 per cent). The Digest also indicates that economic growth has had a disparate impact on men and women. In construction and installation, men benefited from the expansion in employment, while in tourism, manufacturing, finance and business, women were the main beneficiaries in 1995. The Committee further notes from the Digest that 3,800 men are occupying legislative and senior official positions compared to only 2,400 women, which seems to indicate that women are still not sufficiently involved in decision-making. Noting the Government's statement that it has initiated policy measures to ensure that all forms of discrimination against women in employment are eliminated and to ensure that they enjoy the same rights as men, the Committee requests the Government to provide statistical and other information on the progress made since 1995 in women's and men's employment in non-traditional sectors and occupations as well as the measures taken or envisaged to enable women's advancement to higher level positions in the public and private sector. It also requests the Government to provide, in its next report, information on the progress made in implementing the recommendations contained in the National Report on the Beijing Conference and on any other measures taken or envisaged to promote equal access of men and women to vocational training and education in accordance with Article 3(e) of the Convention.

5. With regard to point III of the report form, the Committee asks the Government to provide information on the specific action of the labour inspectorate in the effective application of provisions and policies concerning equality of opportunity and treatment in employment and occupation. In this regard, the Committee has pointed out in the 1988 General Survey (paragraph 193) the special importance of the labour inspectorate being properly trained as regards questions of equality, which could be done, inter alia, through gender training for labour inspectors. Please provide information on any training seminars or workshops held or contemplated for labour inspectors on equality-related issues in employment and occupation.

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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, in part, as follows:

(...)

2. The Committee notes with interest that, according to this report, the significant progress made in reforming laws and in enacting new legislation has contributed to the improved status of women, as a substantial proportion of the legislative reform measures have eliminated the legal areas of discrimination against women, especially those relating to family life including inheritance, conditions of work, and the status of children. The report points out, however, that women are still not involved sufficiently in decision-making in both the public and private sectors; that the Bureau of Women's Affairs needs to be upgraded and its staffing expanded; that the 1992 National Policy Statement on Women should include a statement on women and education; that an inter-ministerial committee should be established, as envisaged in the National Policy, or that there be an increase of gender focal points in government ministries and departments, with each focal point having the ability to communicate directly with the relevant permanent secretary or head of department; that a policy be adopted to ensure that gender analysis be included in the formulation of government projects and programmes; that efforts be made to ensure that women have access, on a continuous basis, to information relating to the content of legislation, changes in the law and legal advice; that the unemployment rate for women is higher than that of men; that there is a need for a deliberate policy to achieve a higher participation of women in economic and financial affairs and to ensure they are not concentrated in institutions dealing with social issues. Noting that nearly half of the households in Barbados are headed by women, this report also stresses the need to incorporate family life education into the formal educational curriculum and into public education campaigns and makes a number of other suggestions to strengthen family life and to improve women's status in this regard. The Committee requests the Government to provide information in its next report on any measures taken to implement the recommendations outlined in the national report on women. Noting that the report comments on the tendency of female students to select traditional vocational subjects, which is attributed both to the process of socialization and to the attitude of some teachers, the Committee requests the Government to indicate whether particular measures are being taken to encourage girls to pursue studies in science subjects and in technical vocational courses.

3. Please also provide details on any activities relevant to the Convention that are being undertaken by the Bureau of Women's Affairs and furnish a copy of the 1992 National Policy Statement on Women.

4. In its previous comment, the Committee noted that the Government intended to modernize the labour legislation and to enact a comprehensive Employment Protection Act. Please indicate whether there have been any developments in this regard.

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1. The Committee notes the information contained in the Government's report and, more particularly, that contained in the attached national report to the Fourth International Conference on Women (Beijing, September 1995), produced by the National Advisory Council on Women and the Bureau of Women's Affairs, which addresses the Committee's previous queries concerning the education and training of girls and women, as well as the application of Article 3 of the Convention.

2. The Committee notes with interest that, according to this report, the significant progress made in reforming laws and in enacting new legislation has contributed to the improved status of women, as a substantial proportion of the legislative reform measures have eliminated the legal areas of discrimination against women, especially those relating to family life including inheritance, conditions of work, and the status of children. The report points out, however, that women are still not involved sufficiently in decision-making in both the public and private sectors; that the Bureau of Women's Affairs needs to be upgraded and its staffing expanded; that the 1992 National Policy Statement on Women should include a statement on women and education; that an inter-ministerial committee should be established, as envisaged in the National Policy, or that there be an increase of gender focal points in government ministries and departments, with each focal point having the ability to communicate directly with the relevant permanent secretary or head of department; that a policy be adopted to ensure that gender analysis be included in the formulation of government projects and programmes; that efforts be made to ensure that women have access, on a continuous basis, to information relating to the content of legislation, changes in the law and legal advice; that the unemployment rate for women is higher than that of men; that there is a need for a deliberate policy to achieve a higher participation of women in economic and financial affairs and to ensure they are not concentrated in institutions dealing with social issues. Noting that nearly half of the households in Barbados are headed by women, this report also stresses the need to incorporate family life education into the formal educational curriculum and into public education campaigns and makes a number of other suggestions to strengthen family life and to improve women's status in this regard. The Committee requests the Government to provide information in its next report on any measures taken to implement the recommendations outlined in the national report on women. Noting that the report comments on the tendency of female students to select traditional vocational subjects, which is attributed both to the process of socialization and to the attitude of some teachers, the Committee requests the Government to indicate whether particular measures are being taken to encourage girls to pursue studies in science subjects and in technical vocational courses.

3. Please also provide details on any activities relevant to the Convention that are being undertaken by the Bureau of Women's Affairs and furnish a copy of the 1992 National Policy Statement on Women.

4. In its previous comment, the Committee noted that the Government intended to modernize the labour legislation and to enact a comprehensive Employment Protection Act. Please indicate whether there have been any developments in this regard.

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the document attached to the report of the Government on "An assessment of the status of women in Barbados", prepared under the Bureau of Women's Affairs, which contains a review of the situation of women, including educational and employment aspects, and a number of recommendations to improve and promote the status of women in these areas, among others, with comment on the level of implementation of the recommendations. In particular, the Committee notes from the assessment that few women are employed in the highest management and decision-making levels in the public or private sector; they are mostly employed in traditional occupations and they constitute a higher percentage of the unemployed. The report points out, however, that some changes have occurred and where the required professional and technical skills are present, women have been able to move into non-traditional areas and positions of authority. In light of the foregoing and with reference to its previous comments concerning the broadening of school curricula and the extension of vocational guidance facilities, the Committee requests the Government to provide information on the measures undertaken to increase the educational and training level of girls and women in order to promote effective equality of opportunity and treatment in employment and occupation.

2. With reference to its previous comments concerning the inclusion in public contracts of a clause prohibiting discrimination on the basis of sex, the Committee notes from the Government's reply that as in previous years, no progress has been made in this area but that it remains under review. The Committee requests the Government to keep it informed of developments in this process.

3. With reference to its previous comments concerning the removal of all existing discriminatory rules and provisions, the Committee notes that no information was provided by the Government in its report. It can only stress the importance of taking such action, and in this light makes specific reference to the requirements of Article 3(c) of the Convention. The Committee requests the Government to provide information in its next report on the steps taken or contemplated to identify and remove all existing discriminatory rules and provisions.

4. Recalling the Government's previous statement that the National Commission on the Status of Women was to be empowered, inter alia, to investigate complaints of discrimination against women, the Committee once again requests the Government to include in its next report full information on the activities of the National Commission, including statistics on the number and nature of complaints brought before this Commission and any reports or publications produced under this body.

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Referring to its previous observation requesting information on any measures adopted to apply the Government's declared policy of non-discrimination and promotion of equality of opportunity and treatment in employment and occupation, particularly for women, the Committee notes, from the very brief report submitted by the Government, that it is proposed to modernize the labour legislation and to legislate a comprehensive Employment Protection Act. The Committee hopes that the Government will be able to indicate that progress has been made in this respect in its next report.

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The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the document attached to the report of the Government on "An assessment of the status of women in Barbados", prepared under the Bureau of Women's Affairs, which contains a review of the situation of women, including educational and employment aspects, and a number of recommendations to improve and promote the status of women in these areas, among others, with comment on the level of implementation of the recommendations. In particular, the Committee notes from the assessment that few women are employed in the highest management and decision-making levels in the public or private sector; they are mostly employed in traditional occupations and they constitute a higher percentage of the unemployed. The report points out, however, that some changes have occurred and where the required professional and technical skills are present, women have been able to move into non-traditional areas and positions of authority. In light of the foregoing and with reference to its previous comments concerning the broadening of school curricula and the extension of vocational guidance facilities, the Committee requests the Government to provide information on the measures undertaken to increase the educational and training level of girls and women in order to promote effective equality of opportunity and treatment in employment and occupation.

2. With reference to its previous comments concerning the inclusion in public contracts of a clause prohibiting discrimination on the basis of sex, the Committee notes from the Government's reply that as in previous years, no progress has been made in this area but that it remains under review. The Committee requests the Government to keep it informed of developments in this process.

3. With reference to its previous comments concerning the removal of all existing discriminatory rules and provisions, the Committee notes that no information was provided by the Government in its report. It can only stress the importance of taking such action, and in this light makes specific reference to the requirements of Article 3(c) of the Convention. The Committee requests the Government to provide information in its next report on the steps taken or contemplated to identify and remove all existing discriminatory rules and provisions.

4. Recalling the Government's previous statement that the National Commission on the Status of Women was to be empowered, inter alia, to investigate complaints of discrimination against women, the Committee once again requests the Government to include in its next report full information on the activities of the National Commission, including statistics on the number and nature of complaints brought before this Commission and any reports or publications produced under this body.

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The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee recalls that, following the Government's earlier indication on the unlikely prospect of adoption of the Employment and Related Provisions Bill, prepared in 1978 in order to give effect to the Convention, the Committee has requested information on measures taken, including any legislative provisions adopted, to apply the Government's declared policy of non-discrimination against women and to prohibit discrimination in employment and occupation in accordance with the Convention. The Committee trusts that the Government will be able in its next report to indicate further progress in this field.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. The Committee notes with interest the document attached to the report of the Government on "An assessment of the status of women in Barbados", prepared under the Bureau of Women's Affairs, which contains a review of the situation of women, including educational and employment aspects, and a number of recommendations to improve and promote the status of women in these areas, among others, with comment on the level of implementation of the recommendations. In particular, the Committee notes from the assessment that few women are employed in the highest management and decision-making levels in the public or private sector, they are mostly employed in traditional occupations and they constitute a higher percentage of the unemployed. The report points out, however, that some changes have occurred and where the required professional and technical skills are present, women have been able to move into non-traditional areas and positions of authority. In light of the foregoing and with reference to its previous comments concerning the broadening of school curricula and the extension of vocational guidance facilities, the Committee requests the Government to provide information on the measures undertaken to increase the educational and training level of girls and women in order to promote effective equality of opportunity and treatment in employment and occupation.

2. With reference to its previous comments concerning the inclusion in public contracts of a clause prohibiting discrimination on the basis of sex, the Committee notes from the Government's reply that as in previous years, no progress has been made in this area but that it remains under review. The Committee requests the Government to keep it informed of developments in this process.

3. With reference to its previous comments concerning the removal of all existing discriminatory rules and provisions, the Committee notes that no information was provided by the Government in its report. It can only stress the importance of taking such action, and in this light makes specific reference to the requirements of Article 3(c) of the Convention. The Committee requests the Government to provide information in its next report on the steps taken or contemplated to identify and remove all existing discriminatory rules and provisions.

4. Recalling the Government's previous statement that the National Commission on the Status of Women was to be empowered, inter alia, to investigate complaints of discrimination against women, the Committee once again requests the Government to include in its next report full information on the activities of the National Commission, including statistics on the number and nature of complaints brought before this Commission and any reports or publications produced under this body.

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The Committee notes the Government's report, including the comment from the Barbados Sugar Industry Limited concerning the Committee's previous observation on the application in the sugar industry of Convention No. 100 on equal remuneration between men and women. The Committee will take up the Sugar Industry's comment at its next session when the Government's report on Convention No. 100 will be due for examination.

The Committee recalls that, following the Government's earlier indication on the unlikely prospect of adoption of the Employment and Related Provisions Bill, prepared in 1978 in order to give effect to the Convention, the Committee has requested information on measures taken, including any legislative provisions adopted, to apply the Government's declared policy of non-discrimination against women and to prohibit discrimination in employment and occupation in accordance with the Convention. The Committee trusts that the Government will be able in its next report to indicate further progress in this field.

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1. Referring to its observation on the Convention, the Committee recalls that measures which the Government intended to implement to achieve non-discrimination against women included, inter alia, the broadening of school curricula to reduce the distinction between boys' and girls' subjects, and the extending of vocational guidance facilities with the object of ending discrimination against girls at all levels of the educational system. The Committee notes the indications in the Government's report that there is no distinction in school subjects in relation to boys and girls nor are there restrictions or discrimination of any kind against girls at all levels nor discrimination in the education system. The Committee asks the Government to provide information on steps that have been taken to achieve the goal indicated in its report for the period ending 30 June 1976 regarding the broadening of school curricula and the extension of vocational guidance facilities.

2. The Government previously referred to the intended inclusion in public contracts of a clause prohibiting discrimination on the basis of sex. The Committee notes the Government's indication in its report that there has been no progress in relation to the inclusion in public contracts of a clause prohibiting discrimination on grounds of sex, but that the matter will be given early consideration. The Committee looks forward to learning of action in this field.

3. The Government previously indicated its intention to remove over a wide range of the law all existing discriminatory rules and provisions. The Committee notes the Government's indication in its report that there has been no further progress on this matter but that an examination of the matter is continuing. The Committee hopes that the Government will supply full information on the measures taken, in conformity with Article 3(c) of the Convention.

4. The Committee notes from the Government's report that the report of the National Commission on the Status of Women has been forwarded under separate cover. This document has, however, not been available to the Committee for examination. Recalling the Government's statement that the National Commission was to be empowered, amongst other things, to investigate all complaints of discrimination against women, the Committee requests the Government to include in its next report full information on the activities of the National Commission, including any reports produced by this body.

5. The Committee noted in its last comment the Government's indication in its report on Convention No. 100 that male and female labourers employed in agriculture perform different work and accordingly receive different rates of pay. The Committee notes the Government's statement in its report that there is no sex discrimination in the sugar industry and that male and female workers in the sugar industry are paid equal wages for work of equal value. The Committee directs the Government to its comments regarding application of Convention No. 100. It requests the Government to indicate any measures taken or contemplated to promote equality of access to jobs and work tasks in agriculture.

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1. Further to its previous comments, the Committee notes with satisfaction that section 8(1)(c) of the Public Employees Pension Act, 1961, as well as section 11(1)(c) of the Pensions Act, Cap. 25, which provided that female employees may be required to retire from service upon marriage, were repealed by the Pensions (Miscellaneous Provisions) Act, 1985-18.

2. The Committee likewise notes with satisfaction that a new section 5 of the Immigration Act, Cap. 190, substituted by the Immigration (Amendment) Act, 1979-27, gives foreign husbands of Barbadian women the same rights as foreign wives of Barbadian men as regards employment in Barbados.

3. In earlier comments, the Committee noted that the Government had declared a policy of non-discrimination against women and that measures aimed at achieving this objective were to include, inter alia, the preparation of an Employment and Related Provisions Bill to prohibit discrimination on grounds of sex, as well as discrimination based on race, colour, creed, political opinion or social origin, and to provide to persons who consider themselves subjected to any discriminatory practice in employment a right of appeal to a tribunal. The Committee noted from the Government's report received in 1984 that there had been no further progress on the Employment and Related Provisions Bill and that it was highly unlikely that the Bill would be further considered in its present form. The Committee asks again that the Government supply detailed information on further measures taken in application of its policy of non-discrimination, including any legislative provisions to prohibit discrimination in employment and occupation and to provide means of redress. A direct request on a number of related matters is again being addressed to the Government.