Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malta (Ratification: 1968)

The Committee thanks the Government for the information provided in reply to its previous direct request on the cooperation of employers' and workers' organisations in the promotion of the Convention.

1. Further to previous comments, the Committee recalls that the Employment Commission, established under article 122A of the Constitution to ensure that no distinction, exclusion or preference on the grounds of political opinion is given in employment, has not functioned since it was adjourned on 11 August 1981 and that consideration was being given in a Parliamentary Ad Hoc Committee to amending the Constitution to ensure the uninterrupted functioning of the Employment Commission.

The Committee notes that effective 1 August 1990 a Secretary of the Employment Commission has been appointed, but that neither the Chairman nor the members of the Commission have been appointed. The Government reports that it is ready to constitute the Commission immediately upon a case being submitted under subsections (8) or (9) of article 122A. The Committee also notes the information supplied by the Government on the Constitutional Court cases of Cacopardo and Galea in which remedies were awarded to the plaintiffs upon findings of discrimination in employment based on political opinion in violation of article 46 of the Constitution.

While noting the importance it attaches to the existence of judicial avenues of redress in cases of discrimination, the Committee would draw the Government's attention to the need to establish (and make operational) appropriate agencies for the purpose of promoting application of the policy of equal opportunity in employment and occupation, including responsibility to receive, examine and investigate relevant complaints and to render opinions or issue decisions concerning the manner in which evident discriminatory practices should be corrected. Reference is again made in this regard to paragraph 196 of the Committee's General Survey on Equality in Employment and Occupation and to paragraph 4 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee hopes the Government will be able to report in the near future that the Employment Commission, or a similar agency, is once again functioning. It also requests the Government to continue to supply court decisions relevant to the application of the Convention.

2. The Committee notes with interest that the Commission for the Advancement of Women has proposed to the Government the adoption of provisions granting to both men and women parental leave, family leave and adoption leave, and granting paternity leave to men. The Committee asks the Government to continue to provide information on the progress made in the adoption of the above provisions.

3. The Committee again requests the Government to continue to communicate relevant documents, including studies and statistics, so that the Committee may follow the progress achieved in respect of equality of opportunity for men and women. It also hopes the Government will be able to provide information on measures taken to promote and ensure opportunity of access by women to higher paid and skilled occupations within the economy.