Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Discrimination based on sex. The Committee notes the Government’s indication, in its report, that section 2(1) of the Equality for Men and Women Act was amended in 2015 to include the grounds of “gender expression” and “sex characteristics” in the definition of “discrimination”. Referring to its previous comments concerning the pre-1980 requirement for female public officers to resign on marriage, and the negative impact of this measure on their pensionable remuneration, the Committee notes the Government’s indication that no records were kept on the number of women who resigned due to marriage, nor on the number of affected women who requested reinstatement so as to re-enter public service at the same level after having left on marriage. The Government adds that the lack of available data makes it impossible to take steps to compensate women who left on marriage and in consequence experienced pension losses. In this regard, the Committee wishes to point out that one way to ensure that most of the women affected by this measure are compensated could be to advertise for women affected to come forward. Noting that, according to its 2017 annual report, the National Commission for the Promotion of Equality (NCPE) intervened in 43 cases of discriminatory advertisements, including 39 cases concerning sex discrimination in relation to vacant posts, education or vocational training, the Committee asks the Government to provide information on any steps taken, including through awareness-raising campaigns, to address sex-based discrimination in access to employment, education and vocational training, as well as in terms and conditions of employment, in accordance with section 26 of the Employment and Industrial Relations Act and section 4 of the Equality for Men and Women Act. It asks the Government to provide information on any complaint filed in this respect with the NCPE, the courts or any other competent authorities, as well as penalties imposed and compensation awarded. Further, the Committee urges once again the Government to address the impact of the pre-1980 requirement for female public officers to resign upon marriage on their pensionable remuneration and to provide information on any progress on that issue.

Sexual harassment. The Committee previously referred to section 29(2) of the Employment and Industrial Relations Act (EIRA) and section 9 of the Equality for Men and Women Act, which define and prohibit sexual harassment in employment and occupation, and provide for penalties. The Committee notes the Government’s indication concerning the adoption of a policy on sexual harassment at the workplace in the public sector, which defines harassment and provides guidelines to victims and employers on the handling of complaints and the setting up of internal procedures for dealing with complaints of harassment. The Government adds that as a result of this policy, three cases of sexual harassment were registered in the public administration in 2016, two of which resulted in a written warning and a one-day suspension, respectively, and the third case resulted in a referral to court. The Committee further notes that training was provided by the NCPE on sexual harassment, but that the number of complaints on sexual harassment investigated by the NCPE has been diminishing from three in 2015, to none in 2016 and 2017. Noting that, in November 2017, national women’s rights experts, including from the NCPE, stated that sexual harassment in the workplace was “rampant” but rarely reported, the Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see General Survey of 2012 on the fundamental Conventions, paragraph 790). Recalling the gravity and seriousness of sexual harassment, the Committee asks the Government to provide information on the practical application of section 29(2) of the Employment and Industrial Relations Act and section 9 of the Equality for Men and Women Act, including on the number of cases of sexual harassment in employment and occupation, both in the public and private sectors, dealt with by the competent authorities, including at the workplace level, as well as penalties imposed and compensation awarded. It further asks the Government to continue to provide information on any measures taken to prevent and address sexual harassment in employment and occupation, including practical measures taken to raise awareness and to ensure better understanding of both quid pro quo and hostile environment sexual harassment at the workplace level, as well as to assist and encourage victims of sexual harassment in filing complaints before the competent authorities.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes the Government’s indication that a 2 per cent employment quota for persons with disabilities was established for enterprises employing more than 20 workers, as a result of sections 15 and 16 of the Persons with Disability (Employment) Act, amended in 2015. The Government adds that, in 2016, 842 persons in vulnerable situations, among which persons with disabilities, participated in specific schemes to enhance their access to employment and, at the end of August 2017, 236 participants were found in employment. However, the Committee refers to its 2017 direct request on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), where it noted that employers had reportedly resisted the employment quota for persons with disabilities and that fines and penalties imposed on those that had not complied with the statutory quota were not high enough to deter violations. It notes that, in its 2016–17 annual report, the National Commission for the Rights of Persons with Disability indicated that in the employment sector, the number of new complaints increased from 14 to 19. Taking note of the ongoing consultations on the draft Malta National Disability Strategy which includes specific employment and education measures, the Committee asks the Government to provide information on any measures taken to promote vocational training and employment opportunities of persons with disabilities, both in the private and public sectors, including by ensuring the effective implementation of the employment quota. It asks the Government to provide information on the status of the elaboration of the strategy, in collaboration with employers’ and workers’ organizations, and to provide a copy of the strategy once adopted. It further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities and remedies provided.

Articles 2 and 3. Equality of opportunity and treatment for men and women. In its previous comments, the Committee requested the Government to provide information on: (i) the implementation and results of the “Strengthening equality beyond legislation programme”, as well as on any other programmes and projects addressing discrimination; (ii) any awareness-raising and diversity training programmes implemented for employers and their results; and (iii) statistical information on labour force participation in the public and private sectors disaggregated by sex, ethnic and/or national origin. The Committee notes that several initiatives were implemented by the NCPE to enhance gender equality in employment, such as the “Equality Mark Certification” which was awarded to 13 companies in 2017, public awareness-raising campaigns and training sessions for relevant stakeholders to address traditional gender roles and stereotypes, as well as a mentoring programme. It further notes that the Directory of Maltese Professional Women was established in August 2017 to give further visibility to women’s abilities and to increase the opportunity of their being appointed to decision-making positions, and that by the end of 2017 more than 250 professional women were registered with this Directory. It notes that, in November 2017, the Council for Women’s Rights was established with the aim of addressing gender inequality and strengthening the dialogue between the Government and civil society in this area. The Committee notes that the employment rate for women increased from 47.1 per cent in 2014 to 53 per cent in 2017. However, it notes that in its 2017 annual report, the NCPE highlighted that both horizontal and vertical gender segregation in the labour market persisted, with women being under-represented in higher paid jobs and decision-making positions. At the end of 2017, only 6.5 per cent of women were employed as managers (against 11.3 per cent of men) while they represented 60.4 per cent of clerical support workers. In the public administration, women represented only 28.2 per cent of the civil servants employed in the top five salary scales. In that regard the Committee notes that, as a result of a December 2015 research survey on “gender quotas and other measures towards a gender-balanced representation in decision-making”, the NCPE concluded that women’s relatively higher achievement in education is not being reflected in the workplace and given the very low percentage of women on boards, quotas should be considered as a potentially effective solution. It also notes that gender segregation in education persists so that in 2017, Information and Communication Technology (ICT) related graduates were predominantly men whereas the vast majority of graduates in the fields of community services and social well-being were women. The Committee notes that, in the framework of the Universal Periodic Review, the United Nations Human Rights Council issued recommendations concerning the strengthening of Government’s efforts to promote the participation of women in employment, both in the public and private sectors, as well as in decision-making positions (A/HRC/40/17, 18 December 2018, paragraph 110). The Committee asks the Government to provide information on the specific measures taken to effectively reduce gender segregation in the labour market and to increase women’s representation in decision-making positions, both in the public and private sectors, including by combating gender stereotypes and through affirmative action measures, such as for example the introduction of gender quotas or increasing girls access to Science, Technology, Engineering and Mathematics (STEM) education. It asks the Government to continue to provide statistical information on the participation of men and women in education, training and employment, disaggregated by economic sector and occupation.

Reconciliation of work and family responsibilities. The Committee notes the Government’s indication concerning the increase of the maternity benefit rate and welcomes the establishment in July 2015 of a maternity leave fund to which employers contribute, according to the number of their employees irrespective of their sex, to finance maternity leave. It notes that, in November 2016, paid paternity leave was extended from two to five days in the public sector. The Committee notes that several initiatives were carried out by the NCPE, in particular within the framework of the “Equality beyond gender roles” programme, in order to raise awareness of the importance of men’s role in promoting gender equality; to break down stereotypes relating to traditional gender roles; to promote a fair and equal balance between paid and unpaid work; and increase awareness among employers and human resource managers on flexible-working arrangements and their relevance to gender equality. However, the Committee notes that in its 2017 annual report, the NCPE indicated that notwithstanding the implementation of several positive measures, such as free childcare for working parents, breakfast clubs and after-school and summer school programmes (“Klabb 3–16”), women still face a number of barriers to their full and equal participation in the labour market, as a result of gender roles and stereotypes as well as the unequal sharing of caring responsibilities between women and men. It notes that the NCPE indicated that, in 2017, 86.2 per cent of public employees benefiting from family-friendly working arrangements were women, while the percentage of men who benefited from family-friendly arrangements decreased from 16.1 per cent in 2015, to 13.8 per cent in 2016. The Committee asks the Government to continue to provide information on the measures taken to improve the reconciliation of work and family life for workers, both in the public and private sectors, including through the provision of free childcare facilities, and on the impact thereof. It further asks the Government to provide information on awareness-raising activities undertaken to address stereotyped assumptions about women’s responsibilities at home, and on their outcomes.

Enforcement. The Committee notes the Government’s general indication that, in 2016, 15 complaints related to discrimination were brought before the courts but that the grounds for discrimination were not specified. The Government adds that one case of discrimination was decided in favor of the complainant, while one case of sexual harassment was decided against the complainant. The Committee further notes that, according to its annual report, in 2017, the NCPE examined only nine complaints of alleged discrimination of which three were based on gender, three on race or origin, two on age and one on religion or belief. It notes that this number remained stable compared to 2016 but represented only half of the complaints registered in 2015. The Committee asks the Government to provide specific information on the number, nature and outcome of any cases of discrimination in employment and occupation addressed by the competent authorities, including the NCPE, the labour inspectorate and the courts, indicating the grounds of discrimination addressed, the sanctions imposed and the remedies provided. In light of the low and decreasing number of discrimination cases officially registered, it asks the Government to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the provisions of the Convention, and on their impact.