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

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

Article 1 of the Convention. Scope of protection. In its previous comments, the Committee asked the Government to identify the specific steps taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asked the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking article 14(3) of the Constitution or the principle of the Convention. The Committee notes the Government’s indication that no such specific steps were taken as there are not many reported instances where discrimination is evident. Established workers are governed by the Civil Service Act (1984) while military personnel are ultimately governed by the Constitution of Antigua and Barbuda. The Police Act, Cap 330 Vol 7 and 12, section 3, provides guidance to the Royal Antigua and Barbuda Police Force on issues of discrimination. Further, there are no collective agreements covering these categories of workers. The Committee notes that the Government does not mention any recent judicial or administrative decisions regarding cases of discrimination. In that regard, it wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a 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 lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee firmly hopes that the Government will promote an effective mechanism to ensure that all established employees of the Government, including persons in the naval, military or air force, and in the police force, obtain effective protection against discrimination in law and in practice. It asks the Government to identify the steps taken in this regard.

Articles 1 and 2. Non-nationals. In its previous comment, the Committee urged the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a); and to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the migrant population, and to report on the progress made in this regard. The Committee notes the Government’s statement that protection against discrimination of migrant workers has not been considered in the context of a national equality policy at this time and that, therefore, there are no practical measures implemented. According to the Government, the National Labour Force Survey, conducted in 2015 by the Statistics Division, does not suggest that there is a discriminatory effect on the employment opportunities of the migrant population. The Government indicates that it continues to honour its commitments under regional and international treaties. In that regard, the Committee wishes to recall that the intersection between migration and discrimination should be addressed in the context of the Convention, as migrant workers are particularly vulnerable to prejudice and differences in treatment in the labour market on grounds such as race, colour and national extraction, often intersecting with other grounds such as gender or religion (see 2012 General Survey, paragraph 776). While noting the information provided by the Government, the Committee asks the Government to make all efforts to ensure that migrant workers, independent of their legal status, are protected in practice against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. It asks the Government to provide information regarding any measures adopted or envisaged in this regard.

Statistics. The Committee previously asked the Government to indicate the progress made regarding the implementation of the labour market information system (LMIS), and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors. It notes the Government’s indication that the LMIS is currently in operation. In agreement with the Caribbean Community (CARICOM), the prerequisites to populate the system and to provide information on the employment of men and women in the various sectors and occupations in the public and private sectors will be done on a phased basis. Upon completion, the information will become available to the ILO. The Committee hopes that the Government will be in a position to provide information in its next report on the employment of men and women in the various sectors and occupations, including in the public and private sectors.

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

Article 1(1)(a) of the Convention. Grounds of discrimination – National extraction and social origin. For a number of years, the Committee has been noting the absence of an explicit prohibition of discrimination on the basis of national extraction and social origin in the national Constitution and the Labour Code. The Committee has been asking the Government to ensure that workers are protected in law and in practice against direct and indirect discrimination on the basis of national extraction and social origin, in all aspects of employment and occupation, and to monitor emerging forms of discrimination that may result in or lead to discrimination in employment and occupation on the basis of these grounds, and to report in detail on the progress made. The Government indicates in its report that the process of revising the Labour Code is still ongoing and the National Labour Board is currently considering provisions aimed at defining and prohibiting direct and indirect discrimination, as well as including all grounds of discrimination, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Government adds that, once finalized, these proposals will be made available for public consultation. The Committee firmly hopes that the amendments to the Labour Code will be adopted in the near future and will include specific provisions ensuring and promoting the protection of workers against direct and indirect discrimination in all aspects of employment and occupation, and with respect to all the grounds of discrimination set out in Article 1(1)(a) of the Convention.

Article 2. General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality for men and women. Access to education, vocational training and employment. In its previous comments, the Committee urged the Government to take concrete steps to collect, analyse and provide statistical information, disaggregated by sex, on the participation of men and women in education and the various vocational training courses offered, as well as statistics on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee also urged the Government to provide detailed information on recent initiatives to promote women’s participation in courses and jobs traditionally held by men, including up-to-date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education. The Committee notes the Government’s indication that a comparative analysis was done on the participation of men and women in various vocational training courses in institutions such as the Ministry of Education, the Antigua and Barbuda Institute of Continuing Education (ABICE), the Antigua State College (ASC), the Directorate of Gender Affairs, the Antigua and Barbuda Hospitality Training Institute (ABHTI), the Department of Youth Affairs (DYA) and the Gilbert Agricultural Rural Development (GARD) Centre. The Government states that statistics indicate that there is still a striking disparity in the participation of women in professions traditionally occupied by men. However, women are slowly participating to a greater extent in technical and skilled occupations. It is envisaged that the institutions mentioned above will endeavour to engage in strategic planning that will encourage more women to access training so as to enter technical professions which are traditionally occupied by male workers. Currently, most institutions are actively involved in open-day activities geared towards attracting persons to the programmes provided and in spending time in counselling persons to access the training that best suits them. However, the Government states that there is little initiative specifically designed to encourage women to participate in areas traditionally dominated by men. The Committee notes that in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended adopting effective measures to combat horizontal and vertical occupational segregation in both the public and private sectors, including through professional training and incentives for women to work in traditionally male-dominated fields of employment (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraphs 36(a) and 37(a)). The Committee asks the Government to provide statistics, disaggregated by sex, on the participation of men and women in education at all stages and the various vocational training courses offered, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee hopes that the Government will be in a position to provide information in its next report on the manner in which it promotes women’s participation in courses and jobs traditionally held by men.

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.

Repetition

Article 1 of the Convention. Scope of protection. In its previous comments, the Committee asked the Government to identify the specific steps taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asked the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking article 14(3) of the Constitution or the principle of the Convention. The Committee notes the Government’s indication that no such specific steps were taken as there are not many reported instances where discrimination is evident. Established workers are governed by the Civil Service Act (1984) while military personnel are ultimately governed by the Constitution of Antigua and Barbuda. The Police Act, Cap 330 Vol 7 and 12, section 3, provides guidance to the Royal Antigua and Barbuda Police Force on issues of discrimination. Further, there are no collective agreements covering these categories of workers. The Committee notes that the Government does not mention any recent judicial or administrative decisions regarding cases of discrimination. In that regard, it wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a 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 lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, paragraph 870).The Committee firmly hopes that the Government will promote an effective mechanism to ensure that all established employees of the Government, including persons in the naval, military or air force, and in the police force, obtain effective protection against discrimination in law and in practice. It asks the Government to identify the steps taken in this regard.

Articles 1 and 2. Non-nationals. In its previous comment, the Committee urged the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a); and to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the migrant population, and to report on the progress made in this regard. The Committee notes the Government’s statement that protection against discrimination of migrant workers has not been considered in the context of a national equality policy at this time and that, therefore, there are no practical measures implemented. According to the Government, the National Labour Force Survey, conducted in 2015 by the Statistics Division, does not suggest that there is a discriminatory effect on the employment opportunities of the migrant population. The Government indicates that it continues to honour its commitments under regional and international treaties. In that regard, the Committee wishes to recall that the intersection between migration and discrimination should be addressed in the context of the Convention, as migrant workers are particularly vulnerable to prejudice and differences in treatment in the labour market on grounds such as race, colour and national extraction, often intersecting with other grounds such as gender or religion (see 2012 General Survey, paragraph 776).While noting the information provided by the Government, the Committee asks the Government to make all efforts to ensure that migrant workers, independent of their legal status, are protected in practice against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. It asks the Government to provide information regarding any measures adopted or envisaged in this regard.

Statistics. The Committee previously asked the Government to indicate the progress made regarding the implementation of the labour market information system (LMIS), and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors. It notes the Government’s indication that the LMIS is currently in operation. In agreement with the Caribbean Community (CARICOM), the prerequisites to populate the system and to provide information on the employment of men and women in the various sectors and occupations in the public and private sectors will be done on a phased basis. Upon completion, the information will become available to the ILO.The Committee hopes that the Government will be in a position to provide information in its next report on the employment of men and women in the various sectors and occupations, including in the public and private sectors.

CMNT_TITLE

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

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination – National extraction and social origin. For a number of years, the Committee has been noting the absence of an explicit prohibition of discrimination on the basis of national extraction and social origin in the national Constitution and the Labour Code. The Committee has been asking the Government to ensure that workers are protected in law and in practice against direct and indirect discrimination on the basis of national extraction and social origin, in all aspects of employment and occupation, and to monitor emerging forms of discrimination that may result in or lead to discrimination in employment and occupation on the basis of these grounds, and to report in detail on the progress made. The Government indicates in its report that the process of revising the Labour Code is still ongoing and the National Labour Board is currently considering provisions aimed at defining and prohibiting direct and indirect discrimination, as well as including all grounds of discrimination, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Government adds that, once finalized, these proposals will be made available for public consultation.The Committee firmly hopes that the amendments to the Labour Code will be adopted in the near future and will include specific provisions ensuring and promoting the protection of workers against direct and indirect discrimination in all aspects of employment and occupation, and with respect to all the grounds of discrimination set out in Article 1(1)(a) of the Convention.

Article 2. General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality for men and women. Access to education, vocational training and employment. In its previous comments, the Committee urged the Government to take concrete steps to collect, analyse and provide statistical information, disaggregated by sex, on the participation of men and women in education and the various vocational training courses offered, as well as statistics on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee also urged the Government to provide detailed information on recent initiatives to promote women’s participation in courses and jobs traditionally held by men, including up-to-date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education. The Committee notes the Government’s indication that a comparative analysis was done on the participation of men and women in various vocational training courses in institutions such as the Ministry of Education, the Antigua and Barbuda Institute of Continuing Education (ABICE), the Antigua State College (ASC), the Directorate of Gender Affairs, the Antigua and Barbuda Hospitality Training Institute (ABHTI), the Department of Youth Affairs (DYA) and the Gilbert Agricultural Rural Development (GARD) Centre. The Government states that statistics indicate that there is still a striking disparity in the participation of women in professions traditionally occupied by men. However, women are slowly participating to a greater extent in technical and skilled occupations. It is envisaged that the institutions mentioned above will endeavour to engage in strategic planning that will encourage more women to access training so as to enter technical professions which are traditionally occupied by male workers. Currently, most institutions are actively involved in open-day activities geared towards attracting persons to the programmes provided and in spending time in counselling persons to access the training that best suits them. However, the Government states that there is little initiative specifically designed to encourage women to participate in areas traditionally dominated by men. The Committee notes that in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended adopting effective measures to combat horizontal and vertical occupational segregation in both the public and private sectors, including through professional training and incentives for women to work in traditionally male-dominated fields of employment (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraphs 36(a) and 37(a)).The Committee asks the Government to provide statistics, disaggregated by sex, on the participation of men and women in education at all stages and the various vocational training courses offered, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee hopes that the Government will be in a position to provide information in its next report on the manner in which it promotes women’s participation in courses and jobs traditionally held by men.

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

Article 1 of the Convention. Scope of protection. In its previous comments, the Committee asked the Government to identify the specific steps taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asked the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking article 14(3) of the Constitution or the principle of the Convention. The Committee notes the Government’s indication that no such specific steps were taken as there are not many reported instances where discrimination is evident. Established workers are governed by the Civil Service Act (1984) while military personnel are ultimately governed by the Constitution of Antigua and Barbuda. The Police Act, Cap 330 Vol 7 and 12, section 3, provides guidance to the Royal Antigua and Barbuda Police Force on issues of discrimination. Further, there are no collective agreements covering these categories of workers. The Committee notes that the Government does not mention any recent judicial or administrative decisions regarding cases of discrimination. In that regard, it wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a 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 lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee firmly hopes that the Government will promote an effective mechanism to ensure that all established employees of the Government, including persons in the naval, military or air force, and in the police force, obtain effective protection against discrimination in law and in practice. It asks the Government to identify the steps taken in this regard.

Articles 1 and 2. Non-nationals. In its previous comment, the Committee urged the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a); and to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the migrant population, and to report on the progress made in this regard. The Committee notes the Government’s statement that protection against discrimination of migrant workers has not been considered in the context of a national equality policy at this time and that, therefore, there are no practical measures implemented. According to the Government, the National Labour Force Survey, conducted in 2015 by the Statistics Division, does not suggest that there is a discriminatory effect on the employment opportunities of the migrant population. The Government indicates that it continues to honour its commitments under regional and international treaties. In that regard, the Committee wishes to recall that the intersection between migration and discrimination should be addressed in the context of the Convention, as migrant workers are particularly vulnerable to prejudice and differences in treatment in the labour market on grounds such as race, colour and national extraction, often intersecting with other grounds such as gender or religion (see 2012 General Survey, paragraph 776). While noting the information provided by the Government, the Committee asks the Government to make all efforts to ensure that migrant workers, independent of their legal status, are protected in practice against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. It asks the Government to provide information regarding any measures adopted or envisaged in this regard.

Statistics. The Committee previously asked the Government to indicate the progress made regarding the implementation of the labour market information system (LMIS), and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors. It notes the Government’s indication that the LMIS is currently in operation. In agreement with the Caribbean Community (CARICOM), the prerequisites to populate the system and to provide information on the employment of men and women in the various sectors and occupations in the public and private sectors will be done on a phased basis. Upon completion, the information will become available to the ILO. The Committee hopes that the Government will be in a position to provide information in its next report on the employment of men and women in the various sectors and occupations, including in the public and private sectors.

CMNT_TITLE

Article 1(1)(a) of the Convention. Grounds of discrimination – National extraction and social origin. For a number of years, the Committee has been noting the absence of an explicit prohibition of discrimination on the basis of national extraction and social origin in the national Constitution and the Labour Code. The Committee has been asking the Government to ensure that workers are protected in law and in practice against direct and indirect discrimination on the basis of national extraction and social origin, in all aspects of employment and occupation, and to monitor emerging forms of discrimination that may result in or lead to discrimination in employment and occupation on the basis of these grounds, and to report in detail on the progress made. The Government indicates in its report that the process of revising the Labour Code is still ongoing and the National Labour Board is currently considering provisions aimed at defining and prohibiting direct and indirect discrimination, as well as including all grounds of discrimination, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Government adds that, once finalized, these proposals will be made available for public consultation. The Committee firmly hopes that the amendments to the Labour Code will be adopted in the near future and will include specific provisions ensuring and promoting the protection of workers against direct and indirect discrimination in all aspects of employment and occupation, and with respect to all the grounds of discrimination set out in Article 1(1)(a) of the Convention.

Article 2. General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality for men and women. Access to education, vocational training and employment. In its previous comments, the Committee urged the Government to take concrete steps to collect, analyse and provide statistical information, disaggregated by sex, on the participation of men and women in education and the various vocational training courses offered, as well as statistics on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee also urged the Government to provide detailed information on recent initiatives to promote women’s participation in courses and jobs traditionally held by men, including up-to-date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education. The Committee notes the Government’s indication that a comparative analysis was done on the participation of men and women in various vocational training courses in institutions such as the Ministry of Education, the Antigua and Barbuda Institute of Continuing Education (ABICE), the Antigua State College (ASC), the Directorate of Gender Affairs, the Antigua and Barbuda Hospitality Training Institute (ABHTI), the Department of Youth Affairs (DYA) and the Gilbert Agricultural Rural Development (GARD) Centre. The Government states that statistics indicate that there is still a striking disparity in the participation of women in professions traditionally occupied by men. However, women are slowly participating to a greater extent in technical and skilled occupations. It is envisaged that the institutions mentioned above will endeavour to engage in strategic planning that will encourage more women to access training so as to enter technical professions which are traditionally occupied by male workers. Currently, most institutions are actively involved in open-day activities geared towards attracting persons to the programmes provided and in spending time in counselling persons to access the training that best suits them. However, the Government states that there is little initiative specifically designed to encourage women to participate in areas traditionally dominated by men. The Committee notes that in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended adopting effective measures to combat horizontal and vertical occupational segregation in both the public and private sectors, including through professional training and incentives for women to work in traditionally male-dominated fields of employment (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraphs 36(a) and 37(a)). The Committee asks the Government to provide statistics, disaggregated by sex, on the participation of men and women in education at all stages and the various vocational training courses offered, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee hopes that the Government will be in a position to provide information in its next report on the manner in which it promotes women’s participation in courses and jobs traditionally held by men.

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 initially made in 2016.

Repetition

Article 1 of the Convention. Scope of protection. The Committee notes that the Government continues to state that the categories of workers, including established employees of Government (civil service employees), persons in the naval, military or air force, and in the police force, excluded from the scope of the Labour Code (section A6) are protected against discrimination under the Constitution. The Government does not, however, provide concrete information indicating that this Constitutional protection is effective in law and in practice. The Committee recalls that the Constitution and the Labour Code do not cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee once again urges the Government to indicate in detail the specific measures taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asks the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking Article 14(3) of the Constitution or the principle of the Convention.

Articles 1 and 2. Non-nationals. Referring to its previous comments regarding the lack of protection of migrant workers, independent of their legal status, against discrimination as provided by the Convention, the Committee notes the Government’s very general statement that all migrants are afforded the rights guaranteed under the regional and international treaties signed by the Government and that migrants are expected to abide by the national legislation. The Committee urges the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. Noting that the Government has not yet replied in this respect, the Committee once again requests the Government to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a labour market information system to collect data on the characteristics of the working population. Noting the Government’s commitment to provide the statistical information once it becomes available, the Committee asks the Government to indicate the progress made regarding the implementation of the labour market information system, and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors, as soon as such information becomes available.

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 2016.

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination – National extraction and social origin. For a number of years, the Committee has been noting the absence of an explicit prohibition of discrimination in the national Constitution (article 14(3)) or the Labour Code (section C4(1)) on the basis of national extraction and social origin. In its 2012 report, the Government indicated that, when the new Labour Code would be published, national extraction and social origin would be included to give full effect to the Convention. The Committee notes with regret the persistent lack of information in the Government’s latest report on the concrete steps taken to ensure and promote protection of workers against discrimination with respect to these grounds in law or in practice. The Committee recalls that even as the relevance of each of the grounds enumerated in the Convention may be different for each country, new forms of discrimination may emerge over time due to labour market and societal changes, and need to be addressed. Further, where provisions are adopted in order to give effect to the principle of the Convention, they should at least include all the grounds of discrimination laid down in Article 1(1)(a) (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee requests the Government to ensure that workers are protected in law and in practice, against direct and indirect discrimination on the basis of national extraction and social origin, in all aspects of employment and occupation, and to monitor emerging forms of discrimination that may result or lead to discrimination in employment and occupation on the basis of these grounds, and to report in detail on the progress made. Noting the Government’s indication that the National Labour Board has reviewed the Labour Code and submitted a report to the relevant authority for the necessary action to be taken, the Committee hopes that the revised text of the Labour Code will include specific provisions defining and prohibiting direct and indirect discrimination, in all aspects of employment and occupation, and with respect to all the grounds of discrimination set out in the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, and requests it to provide information on the progress made.

Article 2. Equality between men and women. Access to employment, vocational training and education. The Committee notes that the Government continues to provide very general information relating to its national policy to promote and ensure equality of opportunity and treatment of men and women with respect to access to employment, education and vocational training. With a view to enabling the Committee to assess in an effective way the progress made in ensuring equality of opportunity and treatment between men and women, the Committee urges the Government to take concrete steps to collect, analyse, and provide statistical information, disaggregated by sex, on the participation of men and women in education at all stages and various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee also urges the Government to provide detailed information on recent initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men, including up to date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education.

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.

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Article 1 of the Convention. Scope of protection. The Committee notes that the Government continues to state that the categories of workers, including established employees of Government (civil service employees), persons in the naval, military or air force, and in the police force, excluded from the scope of the Labour Code (section A6) are protected against discrimination under the Constitution. The Government does not, however, provide concrete information indicating that this Constitutional protection is effective in law and in practice. The Committee recalls that the Constitution and the Labour Code do not cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee once again urges the Government to indicate in detail the specific measures taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asks the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking Article 14(3) of the Constitution or the principle of the Convention.

Articles 1 and 2. Non-nationals. Referring to its previous comments regarding the lack of protection of migrant workers, independent of their legal status, against discrimination as provided by the Convention, the Committee notes the Government’s very general statement that all migrants are afforded the rights guaranteed under the regional and international treaties signed by the Government and that migrants are expected to abide by the national legislation. The Committee urges the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. Noting that the Government has not yet replied in this respect, the Committee once again requests the Government to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a labour market information system to collect data on the characteristics of the working population. Noting the Government’s commitment to provide the statistical information once it becomes available, the Committee asks the Government to indicate the progress made regarding the implementation of the labour market information system, and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors, as soon as such information becomes available.

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Article 1(1)(a) of the Convention. Grounds of discrimination – National extraction and social origin. For a number of years, the Committee has been noting the absence of an explicit prohibition of discrimination in the national Constitution (article 14(3)) or the Labour Code (section C4(1)) on the basis of national extraction and social origin. In its 2012 report, the Government indicated that, when the new Labour Code would be published, national extraction and social origin would be included to give full effect to the Convention. The Committee notes with regret the persistent lack of information in the Government’s latest report on the concrete steps taken to ensure and promote protection of workers against discrimination with respect to these grounds in law or in practice. The Committee recalls that even as the relevance of each of the grounds enumerated in the Convention may be different for each country, new forms of discrimination may emerge over time due to labour market and societal changes, and need to be addressed. Further, where provisions are adopted in order to give effect to the principle of the Convention, they should at least include all the grounds of discrimination laid down in Article 1(1)(a) (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee requests the Government to ensure that workers are protected in law and in practice, against direct and indirect discrimination on the basis of national extraction and social origin, in all aspects of employment and occupation, and to monitor emerging forms of discrimination that may result or lead to discrimination in employment and occupation on the basis of these grounds, and to report in detail on the progress made. Noting the Government’s indication that the National Labour Board has reviewed the Labour Code and submitted a report to the relevant authority for the necessary action to be taken, the Committee hopes that the revised text of the Labour Code will include specific provisions defining and prohibiting direct and indirect discrimination, in all aspects of employment and occupation, and with respect to all the grounds of discrimination set out in the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, and requests it to provide information on the progress made.

Article 2. Equality between men and women. Access to employment, vocational training and education. The Committee notes that the Government continues to provide very general information relating to its national policy to promote and ensure equality of opportunity and treatment of men and women with respect to access to employment, education and vocational training. With a view to enabling the Committee to assess in an effective way the progress made in ensuring equality of opportunity and treatment between men and women, the Committee urges the Government to take concrete steps to collect, analyse, and provide statistical information, disaggregated by sex, on the participation of men and women in education at all stages and various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee also urges the Government to provide detailed information on recent initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men, including up to date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education.

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

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Scope of protection. The Committee recalls that pursuant to section A6 of the Labour Code, categories of workers are excluded from the scope of the Code, including the protection against discrimination set out in section C4. The Committee notes that the Government repeats its previous statement that the categories of workers excluded from the scope of the Labour Code are protected against discrimination under the Constitution. The Committee notes that constitutional provisions, while important, have generally not proven to be sufficient in order to address the broad range of principles relevant to the implementation of the Convention, including ensuring protection against direct and indirect discrimination, addressing sexual harassment, addressing all aspects of employment and occupation, etc. – issues that can be better addressed through specific legislation, such as the Labour Code. The Committee also recalls that the Constitution does not cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee asks the Government to provide information on measures taken or envisaged to ensure that those groups of workers excluded from the protection against non-discrimination set out in the Labour Code, obtain such protection in law and in practice, and the results thereof. Please also provide copies of any collective agreements covering these workers.

Equality between men and women. Access to vocational training and education. In response to its previous request for information, Committee notes that the Government states generally that access to employment, education and vocational training is equally available for men and women. The Committee again asks the Government to take steps to collect and analyze statistical information, disaggregated by sex, on the participation of men and women in education at all stages and various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please also provide information on any initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men, including up to date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education.

Non-nationals. The Committee notes the Government’s indication that non-nationals are entitled to all benefits of nationals as long as they adhere to immigration procedures, national laws and regulations. The Committee recalls that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (General Survey on fundamental Conventions, 2012, paragraph 778). The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. Noting that the Government has not yet replied in this respect, the Committee asks the Government to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Part V of the report form. Statistics. The Committee notes the Government’s indication that the Labour Department is in the process of implementing a labour market information system to collect data on the characteristics of the working population. The Committee asks the Government to provide information on the employment of men and women in the various sectors and occupations, in the public and private sectors as soon as such information becomes available.

Practical application. The Committee notes the Government’s indication that through a weekly television programme, the Labour Department educates workers on the issue of discrimination. The Committee asks the Government to provide detailed information on the television programme provided by the Labour Department, as well as any other measures taken to educate workers or raise awareness of the public regarding discrimination in employment and occupation, including any seminars or workshops held, or on pamphlets and other literature disseminated or made available to the public on this subject.

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National extraction and social origin. The Committee recalls that section C4(1) of the Labour Code does not prohibit discrimination on the basis of national extraction or social origin. It also recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin (General Survey on fundamental Conventions, 2012, paragraph 853). The Committee notes the Government’s statement that when the new Labour Code is published, national extraction and social origin will be included to give effect to the Convention. However, no indication is given as to when the drafting of a new Labour Code would be undertaken. The Committee asks the Government to provide information on the concrete steps taken to draft and adopt a new Labour Code, and urges the Government to ensure that in this process specific provisions are included defining and prohibiting direct and indirect discrimination, in all aspects of employment and occupation, covering at least all the grounds of discrimination enumerated in the Convention, namely race, sex, colour, religion, political opinion, national extraction and social origin.

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

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Equality between men and women – Access to vocational training and education. Regarding measures taken to improve women’s employment opportunities and education, the Committee notes the Government’s very general statement that the courses offered by the Gender Affairs Department and the Ministry of Education cover hotel, restaurant and catering sectors and that both men and women benefitting from vocational training have obtained employment. The Government also states that the Antigua and Barbuda Institute of Continuing Education (ABICE) offers vocational training to both men and women, including on construction and management. The Government further states that there is no evidence of occupational segregation or discrimination in the labour market or the workplace, and that no one is barred from the national scholarship programme. With a view to enabling the Committee to assess in an effective way the progress made in ensuring and promoting equality of opportunity and treatment in respect of employment, education and vocational training, the Committee asks the Government to provide statistical information, disaggregated by sex, on the participation of men and women in the various training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. Please also provide information on any other initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men.

Public sector. The Committee notes that the Government once again repeats its previous statement that the categories of workers excluded from section A6(2) of the Labour Code are protected by the non-discrimination provisions in the Constitution. The Government also states that these categories of workers are also protected through collective agreements. The Committee once again asks the Government to provide information on any practical measures taken to protect civil servants, persons in the naval, military or air force, the police force and persons holding diplomatic status, against discrimination as well as measures to promote their equal opportunities. Please also provide copies of any collective agreements covering these workers.

Non-nationals. The Committee reiterates its request to the Government to provide information on the measures taken or envisaged to ensure that the whole immigrant population, independent of their legal status, is protected against discrimination based on any of the grounds prohibited by the Convention, that is race, colour, sex, religion, national extraction, political opinion and social origin. The Committee further encourages the Government to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Statistics. Noting again the absence of statistical data, disaggregated by sex, and where available, also on other grounds, in the Government’s report that may assist in the assessing the progress made in giving effect to the principle of the Convention, the Committee urges the Government to make every effort to collect and supply at least comprehensive and relevant data on employment of men and women in the various sectors and occupations of the public and private sectors.

Part V of the report form. The Committee must reiterate its request for detailed information on the measures that are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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National extraction and social origin. The Committee recalls that the Constitution prohibits discrimination in respect of “race, place of origin, political opinions or affiliation, colour, creed or sex” (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of “race, colour, creed, sex, age or political beliefs” (section C4(1) et al.). No provision is made, however, for an explicit prohibition of discrimination on the basis of national extraction or of social origin. Concerned over this omission in the application of the Convention, the Committee has for many years been requesting the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited, and to indicate the manner in which workers are protected from discrimination on such grounds in practice. Noting the persistent lack in the Government’s report of information regarding any steps taken to ensure and promote the application of the Convention with respect to these grounds, the Committee recalls once again that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention (General Survey of 1988 on equality of opportunity and treatment, paragraph 58). Moreover, even as the relative importance of the problems relating to each of the grounds may be different for each country, when deciding on the measures taken it is essential that in implementing a national policy attention be given to all the grounds. The Committee therefore urges the Government to take concrete steps to include a specific reference to the grounds of national extraction and social origin in the legislation, in accordance with Article 1(1)(a) of the Convention. It also asks the Government to monitor carefully any emerging forms of discrimination in law and practice that may result or lead to discrimination in employment and occupation on the basis of social origin and national extraction, and to report on the progress made in this regard.

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

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National extraction and social origin. The Committee notes the Government’s indication that it has no intention of adding the grounds of national extraction and social origin as prohibited grounds in the national legislation. The Government also states that discrimination based on social origin is not a major issue. The Committee wishes to remind the Government that, while the concept of social origin may not at present appear relevant in the national context, new forms of discrimination may emerge over time due to labour market and societal changes. The Committee further recalls that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey of 1988 on equality in employment and occupation, paragraph 58). The Committee asks the Government to take concrete steps to include an explicit reference to the grounds of national extraction and social origin in the legislation, in accordance with Article 1(1)(a) of the Convention. It also asks the Government to monitor carefully any emerging forms of discrimination in law and in practice that may result in or lead to discrimination in employment and occupation on the basis of social origin and national extraction.

Non-nationals. The Committee recalls its previous comments concerning the lack of protection of the immigrant population against discrimination in employment and occupation on the grounds set out in the Convention. The Committee notes from the Government’s report that apparently only non-nationals with legal status in the country benefit from the protection offered by the Convention. The Committee recalls that all non-citizens, independent of their legal status, are covered by the Convention. The Committee asks the Government to amend its legislation so as to ensure that the whole immigrant population, independent of their legal status, is protected against discrimination based on any of the grounds prohibited by the Convention, that is race, colour, sex, religion, national extraction, political opinion and social origin. The Committee further encourages the Government to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Promoting equality between men and women in employment and occupation. The Committee notes the brief information in the Government’s report regarding measures taken to improve women’s employment opportunities and education, including courses offered to them in pastry making, art and craft, bakery and interior decorating. It also notes that the Gender Affairs Department is now linked with the Ministry of Education. The Committee draws the attention of the Government to the fact that stereotyped assumptions regarding women’s ambitions and capabilities, as well as their suitability for certain jobs, often lead to occupational segregation of men and women in education and training and consequently in the labour market. The Committee therefore asks the Government to indicate to what extent the courses offered to women have helped them to find jobs with further career opportunities on an equal basis with men. It also asks the Government to provide information on any other initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men, and to supply statistical data, disaggregated by sex, on the participation on men and women in the various training courses offered.

Public sector. The Committee notes the Government’s statement that the categories of workers excluded from section A6(2) of the Labour Code are protected by the non-discrimination provisions in the Constitution. The Committee asks the Government to provide information on any practical measures taken to protect civil servants, persons in the naval, military or air force, the police force and persons holding diplomatic status, against discrimination as well as measures to promote their equal opportunities.

Statistics. The Committee recalls the importance of collecting statistical data, disaggregated by sex, and where available, also on other grounds, for assessing the extent of the progress made in the application of the Convention. Noting once again the absence of such data in the Government’s report, the Committee asks the Government to make every effort to collect and supply at least comprehensive and relevant data on employment of men and women in the various sectors and occupations of the public and private sectors.

Part V of the report form. The Committee reiterates its request for detailed information on the measures that are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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National extraction and social origin. The Committee notes the Government’s very brief report in which it states that efforts will be made to bring the national legislation into conformity with the Convention taking into account the Committee’s comments concerning discrimination based on national extraction and social origin, which is currently not expressly banned in the Constitution and the national legislation. The Committee hopes that the Government will now be able to add the grounds of national extraction and social origin to those in the Labour Code as prohibited grounds of discrimination, and asks the Government to keep it informed of any progress made in this regard. Please also indicate the manner in which workers are protected from discrimination based on national extraction and social origin in practice.

Protection against discrimination of non-citizens. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/ATG/CO/9, 11 April 2007) expressing concern that the de facto segregation of the immigrant population may result from private practices and certain economic and social conditions. Furthermore, the Committee notes that, according to article 14 of the Constitution, the prohibition of non-discrimination ”shall not apply to any law so far as the law makes provisions with respect to persons who are non-citizens”. The Committee recalls that the protection against discrimination in employment and occupation provided by the Convention protects citizens and non-citizens. The Committee asks the Government to indicate the measures taken to ensure that the immigrant population is protected against discrimination on the grounds contained in the Convention, and how it is ensured that non-citizens fully benefit from the rights derived from the Convention. The Committee encourages the Government to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Articles 1 and 2 of the Convention. The Committee recalls its previous comments in which it reminded the Government that the banning of discrimination is generally insufficient to eliminate it in practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the strategic plan of 2001 developed by the Gender Affairs Department, and on whether the Government has taken, or envisages to take, any further or new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

Public sector. The Committee recalls the Government’s statement that the categories of workers excluded by section A6(2) of the Labour Code (established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status) are covered by the Civil Service Act and Civil Service Regulations. The Committee notes, however, that the Civil Service Act does not expressly protect civil service employees against discrimination on the grounds provided by the Convention. It also notes that the Minister can adopt regulations prescribing the terms and conditions of employment of the civil service. The Committee recalls the Government’s obligation to protect all categories of workers against discrimination in employment and occupation. It urges the Government to provide information on the manner in which civil servants, persons in the naval military or air force, the police force and persons holding diplomatic status are protected against discrimination in employment and occupation. Please also provide copies of any Civil Service Regulations concerning terms and conditions of employment.

Statistics. Once again, the Committee must reiterate its request to the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

Part IV of the report form. In the absence of any information on this point, the Committee asks the Government to supply information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcome. Once again, it requests the Government to provide detailed information on the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

1. Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since “there is already adequate machinery in place as to equal pay, by practice and by law”. The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Statistics. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. National extraction and social origin. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. Public sector. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. Part IV of the report form. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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

1. Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since “there is already adequate machinery in place as to equal pay, by practice and by law”. The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Statistics. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. National extraction and social origin. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. Public sector. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. Part IV of the report form. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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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. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

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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. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

CMNT_TITLE

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

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

1. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

CMNT_TITLE

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

1. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since "there is already adequate machinery in place as to equal pay, by practice and by law". The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

CMNT_TITLE

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

1. The Committee notes that the Government’s brief report for 2000 is merely a replica of its 1995 report. It regrets this lack of response on the part of the Government and urges it to engage in a meaningful dialogue with the Committee. While the Government’s failure to reply to the Committee’s requests for information could be interpreted as an indication that no positive action or progress had been made over the past six years with regard to the application of the Convention, the Committee notes from other sources of information that positive measures have in fact been taken by the Government. The Committee particularly refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (A/52/38/Rev.1, Part II, paragraph 231, 16 July 1997), in which the Government indicated several relevant legal reforms, including the adoption of the Sexual Offences Act, 1995, and the Maintenance Act.

2. The Committee notes from the concluding observations of the CEDAW that the Directorate of Women’s Affairs is responsible for promoting the social, political and economic interests of women and their development and that, pursuant to the Beijing Platform for Action, the Directorate had identified as priority areas of concern the elimination of violence against women, education and training, the eradication of poverty, the encouragement of more women to become involved with the decision-making process and the expansion of health programmes directed at women (A/52/38/Rev.1, Part II, paragraph 230). The Committee also notes the Directorate’s plans to mainstream gender in all government departments and ministries and its formulation of a revised national Plan of Action for Gender Affairs (ibid.). It notes the Government’s indication to the CEDAW that, over the past decade, the Directorate has done much to promote income-generation activities for women, although the jobs for which these women are trained are still traditionally female-oriented ones (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It requests the Government to supply a copy of the national Plan of Action formulated by the Directorate, as well as to provide information on the specific activities undertaken by that body, particularly with regard to promoting women’s participation in the labour market. The Committee also requests the Government to indicate whether any measures have been taken or are contemplated to promote women’s access to non-traditional occupations.

3. The Committee notes from the Government’s report to the CEDAW that, while women outnumber men in the public sector, male public sector employees "climb the ladder of success much more quickly than women" (CEDAW/C/ANT/1 3, page 24, 26 September 1995). It would appreciate receiving information, including statistical data, disaggregated by sex, indicating the numbers of men and women in the different sectors and at the different levels of the public service, and if it would indicate the measures taken or contemplated to promote women’s equal access to training and to higher-level positions in the public sector.

4. The Committee had previously noted the Government’s indication to the CEDAW that it was considering drafting equal opportunity and equal pay legislation, and asks the Government to indicate whether such legislation has in fact been drafted. If so, the Committee requests the Government to indicate the anticipated date of its adoption and to supply a copy of the legislation upon adoption.

5. The Committee once again asks the Government to supply concrete information on the number of cases of alleged discrimination reported to the Labour Commissioner during the reporting period, indicating the nature of the discrimination alleged in each case, and the outcomes. Please also provide detailed information on the nature of the measures that the Government indicates are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

6. Referring to its previous comments on article 14 of the Constitution, the Committee notes the Government’s statement that all workers are covered by the principle of non-discrimination set forth in the Labour Code, including non-nationals who have obtained the necessary work permits. The Committee also notes from the report that the definition of "employee" contained in the Labour Code does not discriminate between employees on the basis of nationality.

7. The Committee had previously noted that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval, military or air forces of the Government, the police force and persons holding diplomatic status. In its earlier comments, the Committee had requested the Government to indicate the manner in which the principle of non-discrimination is applied to these categories of workers. The report indicates that the Civil Service Act, 1984, and the Civil Service Regulations, 1993, address the Committee’s concerns regarding established employees of the Government. Noting that copies of these texts have not been supplied, the Committee once again requests the Government to provide them. It also repeats its request for information on the manner in which the other categories of workers excluded from coverage under the Labour Code are protected against discrimination in employment and occupation.

8. Article 4 of the Convention provides that "any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice". In its previous comments, the Committee noted the Government’s indication that sections B5, B6 and B7 of the Labour Code provide for the right of appeal contemplated in Article 4 of the Convention and that the provisions cited refer to the powers and responsibilities of the Labour Commissioner, Ministry of Labour and the National Labour Board. In this context, the Committee requests the Government to supply specific information in future on any cases brought under these sections.

CMNT_TITLE

1.  The Committee notes that the Government’s brief report for 2000 is merely a replica of its 1995 report. It regrets this lack of response on the part of the Government and urges it to engage in a meaningful dialogue with the Committee. While the Government’s failure to reply to the Committee’s requests for information could be interpreted as an indication that no positive action or progress had been made over the past six years with regard to the application of the Convention, the Committee notes from other sources of information that positive measures have in fact been taken by the Government. The Committee particularly refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (A/52/38/Rev.1, Part II, paragraph 231, 16 July 1997), in which the Government indicated several relevant legal reforms, including the adoption of the Sexual Offences Act, 1995, and the Maintenance Act.

2.  The Committee notes from the concluding observations of the CEDAW that the Directorate of Women’s Affairs is responsible for promoting the social, political and economic interests of women and their development and that, pursuant to the Beijing Platform for Action, the Directorate had identified as priority areas of concern the elimination of violence against women, education and training, the eradication of poverty, the encouragement of more women to become involved with the decision-making process and the expansion of health programmes directed at women (A/52/38/Rev.1, Part II, paragraph 230). The Committee also notes the Directorate’s plans to mainstream gender in all government departments and ministries and its formulation of a revised national Plan of Action for Gender Affairs (ibid.). It notes the Government’s indication to the CEDAW that, over the past decade, the Directorate has done much to promote income-generation activities for women, although the jobs for which these women are trained are still traditionally female-oriented ones (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It requests the Government to supply a copy of the national Plan of Action formulated by the Directorate, as well as to provide information on the specific activities undertaken by that body, particularly with regard to promoting women’s participation in the labour market. The Committee also requests the Government to indicate whether any measures have been taken or are contemplated to promote women’s access to non-traditional occupations.

3.  The Committee notes from the Government’s report to the CEDAW that, while women outnumber men in the public sector, male public sector employees "climb the ladder of success much more quickly than women" (CEDAW/C/ANT/1-3, page 24, 26 September 1995). It would appreciate receiving information, including statistical data, disaggregated by sex, indicating the numbers of men and women in the different sectors and at the different levels of the public service, and if it would indicate the measures taken or contemplated to promote women’s equal access to training and to higher-level positions in the public sector.

4.  The Committee had previously noted the Government’s indication to the CEDAW that it was considering drafting equal opportunity and equal pay legislation, and asks the Government to indicate whether such legislation has in fact been drafted. If so, the Committee requests the Government to indicate the anticipated date of its adoption and to supply a copy of the legislation upon adoption.

5.  The Committee once again asks the Government to supply concrete information on the number of cases of alleged discrimination reported to the Labour Commissioner during the reporting period, indicating the nature of the discrimination alleged in each case, and the outcomes. Please also provide detailed information on the nature of the measures that the Government indicates are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.

6.  Referring to its previous comments on article 14 of the Constitution, the Committee notes the Government’s statement that all workers are covered by the principle of non-discrimination set forth in the Labour Code, including non-nationals who have obtained the necessary work permits. The Committee also notes from the report that the definition of "employee" contained in the Labour Code does not discriminate between employees on the basis of nationality.

7.  The Committee had previously noted that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval, military or air forces of the Government, the police force and persons holding diplomatic status. In its earlier comments, the Committee had requested the Government to indicate the manner in which the principle of non-discrimination is applied to these categories of workers. The report indicates that the Civil Service Act, 1984, and the Civil Service Regulations, 1993, address the Committee’s concerns regarding established employees of the Government. Noting that copies of these texts have not been supplied, the Committee once again requests the Government to provide them. It also repeats its request for information on the manner in which the other categories of workers excluded from coverage under the Labour Code are protected against discrimination in employment and occupation.

8.  Article 4 of the Convention provides that "any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice". In its previous comments, the Committee noted the Government’s indication that sections B5, B6 and B7 of the Labour Code provide for the right of appeal contemplated in Article 4 of the Convention and that the provisions cited refer to the powers and responsibilities of the Labour Commissioner, Ministry of Labour and the National Labour Board. In this context, the Committee requests the Government to supply specific information in future on any cases brought under these sections.

CMNT_TITLE

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

The Committee notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (A/52/38/Rev.1, Part II, para. 231, 16 July 1997) regarding the Government's report on the application of CEDAW that the Government is giving consideration to the drafting of equal opportunity and equal pay legislation. The Committee hopes that the legislation will be drafted in conformity with the provisions of the Convention and that it will take into consideration the CARICOM Model Law on Equal Opportunity and Treatment in Employment and Occupation, adopted in 1995, by the CARICOM Ministers of Labour. Noting 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. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

CMNT_TITLE

The Committee notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (A/52/38/Rev.1, Part II, para. 231, 16 July 1997) regarding the Government's report on the application of CEDAW that the Government is giving consideration to the drafting of equal opportunity and equal pay legislation. The Committee hopes that the legislation will be drafted in conformity with the provisions of the Convention and that it will take into consideration the CARICOM Model Law on Equal Opportunity and Treatment in Employment and Occupation, adopted in 1995, by the CARICOM Ministers of Labour. Noting 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. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

CMNT_TITLE

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

1. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

CMNT_TITLE

1. In its previous comments, the Committee asked the Government to consider adding the grounds of "national extraction" and "social origin" to those on which discrimination is prohibited in the Labour Code, as those grounds are not included expressly in either the Constitution or the Labour Code. It also sought information on the manner in which workers are protected from discrimination for such reasons, in practice. The Committee notes from the report that matters of alleged discrimination are reported to the Labour Commissioner, either by an employee or by his/her representative and that the matter is addressed according to the procedures laid out in sections B5 and B6 of the Labour Code. In addition, the Government indicates that measures are in place to educate workers on this matter. The Committee requests the Government to furnish information on the types and numbers of cases of alleged discrimination reported to the Labour Commissioner. It also hopes that the Government will give serious consideration to adding the above-mentioned grounds to those already laid down in section C4(1) of the Labour Code, at least on the next occasion the Code is amended.

2. In previous comments, the Committee sought to ascertain whether it had been intended, under article 14 of the Constitution, that non-citizens employed in the country be excluded from that article's guarantee of non-discrimination in employment and occupation on the grounds specified. The Committee notes, from the report, the Government's statement that all workers are covered by the principles of non-discrimination enshrined in the Labour Code, including non-nationals who have complied with the qualification set out in section F4 of the Labour Code (which forbids persons who do not belong to the State from engaging in employment or self-employment unless they have obtained a work permit). On the basis of the Government's explanation, it would appear that article 14, paragraphs (1) and (4) empower the Government to, among other things, impose reasonable restrictions in respect of non-nationals by, for example, requiring them to obtain work permits before engaging in employment in the country, but that there is no intention to deny legally employed non-nationals the same protection against discrimination in employment as is afforded to nationals under either the Constitution or the Labour Code. Please indicate whether this understanding is correct.

3. In its previous comments, the Committee requested the Government to indicate the measures contemplated to protect against discrimination those categories of workers not covered by any national legal provision governing the principle of non-discrimination (including established employees of the Government, members of the armed forces, the police force and persons holding diplomatic status). In its report, the Government states that the Civil Service Act of 1984 and the Civil Service Regulations of 1993 address the Committee's concern over the protection afforded to established employees of the Government. The Committee trusts that the Government will furnish copies of these texts in the near future. It also requests the Government to provide information on the measures taken or contemplated to protect the other categories of employees excluded from legal guarantees of non-discrimination.

4. In previous comments, the Committee noted that article 14(5) of the Constitution, read together with article 14(1), appears to lay down the principle contained in Article 4 of the Convention. However, information was requested on the application, in practice, of these provisions and on the right of appeal that a concerned individual may have to a competent body. In its report, the Government indicates that the provisions of sections B5, B6 and B7 of the Labour Code are relevant to the Committee's request. The Committee notes that the provisions cited concern the powers of the Labour Commissioner to, inter alia, receive complaints with respect to employer-employee relationships; the responsibilities of the Minister of Labour to achieve the voluntary adjustment or settlement of matters referred by the Labour Commissioner; and the creation, composition and responsibilities of the National Labour Board. As a number of categories of workers are excluded from the scope of the Labour Code (outlined specifically in paragraph 3 above), the Committee requests the Government to indicate the right of appeal those workers would have against measures affecting their employment that might be taken in respect of persons justifiably suspected of, or engaged in, activities deemed prejudicial to the security of the State.

5. The Committee would be grateful if the Government would provide more specific information concerning the activities of the national vocational training institution, including details on the number of persons trained, the courses provided and any other information which might illustrate the way in which equality of opportunity and treatment is promoted for all workers as concerns vocational education and training.

6. The Committee hopes that the Government's next report will provide information on the practical effect given to article 14(4) of the Constitution and, specifically, describe the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to the Constitutional provision. It also asks the Government to furnish information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in respect of placement services, access to employment and to particular occupations, and in terms and conditions of employment, including job security.

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

1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that although the grounds of "national extraction" and "social origin" are not expressly included in the Constitution and the Labour Code as grounds upon which discrimination is prohibited, no discrimination on such grounds could take place. The Committee requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited. In the meantime, it requests the Government to continue to indicate the manner in which workers are protected from discrimination for such reasons in practice.

2. The Committee notes from the Government's report that no measures have been taken to ensure that non-nationals are protected against discrimination in accordance with the provisions of the Convention. As the Committee previously pointed out, the Convention covers both nationals and non-nationals in respect of prohibiting discrimination in employment and occupation on the grounds set out in Article 1, paragraph 1. It therefore requests the Government to consider taking measures to ensure application of the Convention to non-nationals as well as nationals.

3. Noting from the Government's report that there is no legal provision governing the principle of non-discrimination for established employees of the Government, members of the armed forces, the police force or persons holding diplomatic status, as they are exempted from the provisions of the Labour Code pursuant to section A6(1) and (2), the Committee requests the Government to indicate the measures it intends to take to ensure that these categories of workers are protected against discrimination in their employment. It also requests the Government to provide copies of any relevant regulations or personnel policies covering such employees, as well as statistics on the number of employees contained in the above listed categories.

4. Article 3(a). The Committee would be grateful if the Government would continue to keep it informed in future reports of any action taken by the national tripartite committee, to which the Government refers in its report, or by the National Labour Board on developments in legislation or national policy on matters relating to discrimination and the promotion of equality.

5. Article 3(e). Please provide information on how observance of the principle of non-discrimination on all the grounds set out in the Convention is assured by the Government in relation to vocational guidance and training, and placement services.

6. Article 4. Referring to article 14(5) of the Constitution, the Committee once again requests the Government to indicate the procedural safeguards which exist to guarantee a person the right of appeal based on the application of this provision. It would also be grateful if the Government would provide information on the manner in which this article has been applied in practice.

7. Article 5. The Committee requests the Government to provide information describing the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to article 14(4)(c) of the Constitution.

8. Practical application. The Committee requests the Government to provide information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in vocational guidance, access to vocational training, placement services, access to employment and particular occupations, terms and conditions of employment and security of employment.

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The Committee notes the information contained in the Government's report. It requests the Government to provide information on the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that although the grounds of "national extraction" and "social origin" are not expressly included in the Constitution and the Labour Code as grounds upon which discrimination is prohibited, no discrimination on such grounds could take place. The Committee requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited. In the meantime, it requests the Government to continue to indicate the manner in which workers are protected from discrimination for such reasons in practice.

2. The Committee notes from the Government's report that no measures have been taken to ensure that non-nationals are protected against discrimination in accordance with the provisions of the Convention. As the Committee previously pointed out, the Convention covers both nationals and non-nations in respect of prohibiting discrimination in employment and occupation on the grounds set out in Article 1, paragraph 1. It therefore requests the Government to consider taking measures to ensure application of the Convention to non-nationals as well as nationals.

3. Noting from the Government's report that there is no legal provision governing the principle of non-discrimination for established employees of the Government, members of the armed forces, the police force or persons holding diplomatic status, as they are exempted from the provisions of the Labour Code pursuant to section A6(1) and (2), the Committee requests the Government to indicate the measures it intends to take to ensure that these categories of workers are protected against discrimination in their employment. It also requests the Government to provide copies of any relevant regulations or personnel policies covering such employees, as well as statistics on the number of employees contained in the above listed categories.

4. Article 3(a). The Committee would be grateful if the Government would continue to keep it informed in future reports of any action taken by the national tripartite committee, to which the Government refers in its report, or by the National Labour Board on developments in legislation or national policy on matters relating to discrimination and the promotion of equality.

5. Article 3(e). Please provide information on how observance of the principle of non-discrimination on all the grounds set out in the Convention is assured by the Government in relation to vocational guidance and training, and placement services.

6. Article 4. Referring to article 14(5) of the Constitution, the Committee once again requests the Government to indicate the procedural safeguards which exist to guarantee a person the right of appeal based on the application of this provision. It would also be grateful if the Government would provide information on the manner in which this article has been applied in practice.

7. Article 5. The Committee requests the Government to provide information describing the basis upon which any person has been subjected to a disability or restriction or has been accorded a privilege or advantage pursuant to article 14(4)(c) of the Constitution.

8. Practical application. The Committee requests the Government to provide information, including statistical data, on the manner in which equality of opportunity and treatment is promoted in practice in the country in vocational guidance, access to vocational training, placement services, access to employment and particular occupations, terms and conditions of employment and security of employment.

CMNT_TITLE

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

1. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the cooperation of employers' and workers' organizations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organizations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.

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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. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the cooperation of employers' and workers' organisations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organisations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.

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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. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the co-operation of employers' and workers' organisations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organisations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.

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The Committee notes the Government's first and subsequent reports, covering the period from 1 July 1984 to 30 June 1988. It requests the Government to provide additional information on the application of the Convention in the following respects:

1. Article 1, paragraph 1, of the Convention. The Committee notes that the Constitution prohibits discrimination in respect of "race, place of origin, political opinions or affiliation, colour, creed or sex" (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of "race, colour, creed, sex, age or political beliefs" (section C4(1) et al.). It appears, however, that no provision is made for an explicit prohibition of discrimination on the basis of national extraction or of social origin, as provided in this Article. The Committee would be grateful if the Government would indicate how these categories are provided for.

2. The Committee also notes that under article 14(4) of the Constitution, read together with article 14(1), it is not forbidden to make a law which discriminates against persons who are not citizens. As this provision of the Constitution is drafted, it would appear not to be forbidden under national law to discriminate against non-nationals on any grounds, including those prohibited under the Convention. While the Convention does not list nationality among prohibited grounds of discrimination, it does cover both nationals and non-nationals in respect of the grounds which are listed. In this respect, the Committee refers to paragraph 17 of its 1988 General Survey on Convention No. 111, and requests the Government to indicate what measures it intends to take in this regard.

3. The Committee also notes that under section A6(1) and (2) of the Labour Code, the Code does not apply to the Government in its capacity as employer of established employees, nor to established employees of the Government; in addition, the Code does not apply to members of the armed forces, the Police Force or persons holding the status of diplomatic agents. As the Convention is applicable to all persons without distinction, the Committee requests the Government to indicate how the principle of non-discrimination is applied to these persons, in law and in practice.

4. Article 1, paragraph 2. The Committee notes the reference in the Government's reports to section C4(1) of the Labour Code, and requests it to furnish the information requested in the report form approved by the Governing Body on the practical application of this provision.

5. Article 1, paragraph 3. The Committee notes the statement in the Government's report that "in practice, facilities for vocational training are available to both sexes without discrimination". It hopes that the Government will provide information on access to vocational training without discrimination based on other grounds, as well.

6. Article 3(a). The Committee notes that the responsibilities of the National Labour Board, under section B7(3)(a) of the Labour Code, include "periodically to review the Code in the light of the development, economic and social needs of the State and to advise the Minister on the need for changes in said Code". Please indicate whether consideration has been given to the provisions of the Code affecting discrimination, and whether any changes have been recommended. Please indicate also how the co-operation of employers' and workers' organisations is sought in promoting the acceptance and observance of the policy of non-discrimination, in addition to consideration of legislation.

7. Article 3(e). The Committee notes the information in the Government's reports concerning vocational training, and would be grateful if it would provide information also on how observance of non-discrimination is assured in relation to vocational guidance and placement services.

8. Article 4. The Committee notes that article 14(5) of the Constitution, read together with article 14(1), appears to lay down in legislation the principle contained in this Article, but that no reference is made either to the practical application of this provision or to the right of appeal to a competent body in such cases. Please provide information in these respects in the next report.

9. Article 5. The Committee notes article 14(4)(c) of the Constitution, read together with article 14(1), to which the Government referred in its reports. It notes that it is not fully clear that this provision refers to special measures of protection or assistance on the grounds mentioned in this Article of the Convention. It requests the Government to indicate in its next report how this provision has been applied in practice, and whether any consultations have been carried out with employers' and workers' organisations in this regard.

10. Points III and IV of the report form. The Committee notes from the Government's reports that no cases of discrimination were recorded by the Inspection Service of the Labour Department, and that no courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. It hopes that the Government will continue to provide information on the practical application of the Convention in future reports.