Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.