Observation (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. Legislative developments. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislation or practical measures providing protection against discrimination on the ground of social origin. It notes the Government’s indication in its report that the definition of “discriminatory treatment” in the Employment and Industrial Relations Act (EIRA), 2002, is non-exhaustive so that even though “social origin” is not specified, it could be a ground for discrimination under the Act. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds set out in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee notes, however, that, as highlighted by the European Commission against Racism and Intolerance (ECRI) in its 2018 report, an Equality Bill is currently being prepared with the aim of introducing comprehensive legislation on discrimination in a single Act. It further notes that a Bill is also under preparation, which would replace the current National Commission for the Promotion of Equality (NCPE) with a Human Rights and Equality Commission. Both Bills were presented to Parliament in 2017, but are still in the process of enactment (CRI (2018)19, paragraphs 14 and 18). The Committee hopes that the Government will take this opportunity to ensure that any new legislation explicitly prohibits direct and indirect discrimination in all aspects of employment and occupation, on at least all of the seven grounds set out in Article 1(1)(a) of the Convention, including social origin, while also ensuring that the additional grounds already enumerated in the national legislation are maintained in the new legislation. It asks the Government to provide information on the status of the Equality Bill and the Human Rights and Equality Commission Bill, and to provide a copy of both texts once adopted.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Referring to its previous comments on the initiatives taken to combat racial and ethnic discrimination, the Committee notes the Government’s indication that several awareness-raising activities, targeting in particular the African minority in Malta, as well as training sessions have been carried out by the NCPE, mainly focusing on diversity in the workplace. It welcomes the adoption of the first National Migrant Integration Strategy 2017–20 and its accompanying Action Plan (Vision 2020), launched in December 2017, which provide for awareness-raising campaigns concerning the attributes and needs of most vulnerable and stereotyped migrants. They also include mainstreaming integration policies and measures targeted at migrants, in particular in sectors such as education and employment. The Committee notes the detailed statistical information provided by the Government on the number of participants in training programmes and employees in the public and private sectors, disaggregated by gender and nationality. It notes that, according to Eurostat, Malta recorded the highest rates of immigration in 2017 (46 immigrants per 1,000 persons). However, the Committee notes that, in the context of the Universal Periodic Review, the United Nations Human Rights Council issued recommendations regarding the strengthening of the Government’s efforts to combat racial discrimination, in particular in access to employment, and the eradication of stereotypes and discrimination against migrants (A/HRC/40/17, 18 December 2018, paragraph 110). It further notes that the UN Special Rapporteur on the human rights of migrants also expresses concern at the exploitation by employers of migrants in an irregular situation, asylum seekers and refugees, who are made to work long hours and paid less than the minimum wage, without the required safety equipment or insurance, often in the construction, tourism and caregiving industries. According to the Special Rapporteur, such workers refrain from protesting and mobilizing due to their fear of being detected, detained and deported. The Special Rapporteur also observed that, while those contractors and subcontractors who are found to have exploited workers, including migrants, could be blacklisted and denied government contracts for a period of three years, sanctions against employers are rare in practice (A/HRC/29/36/Add.3, 12 May 2015, paragraphs 95 and 96). The Committee notes that in its 2018 report ECRI also expresses concern at the high number of complaints of extremely low wages and exploitation in unregistered employment, mostly among refugees (CRI(2018)19, paragraph 77). The Committee wishes to point out 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) of the Convention (see 2012 General Survey, paragraph 778). The Committee urges the Government to take proactive measures to combat stereotypes and discrimination based on race, colour or national extraction, and to effectively ensure equality of opportunity and treatment of migrant workers, including those in an irregular situation, asylum seekers and refugees, in education, training, employment and occupation, pursuant to the Convention. It also asks the Government to provide specific information on the implementation of any programmes undertaken in that regard, both at the national and enterprise levels, including in the framework of the National Migrant Integration Strategy and Action Plan 2017–20, as well as a copy of any relevant studies and reports evaluating their impact. It further asks the Government to provide information on the number and nature of cases in which migrant workers, asylum-seekers and refugees have faced racial stereotyping and discrimination in education, training, employment and occupation which have been dealt with by the NCPE, the labour inspectorate or the courts, as well as on the remedies provided.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was 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 lower remuneration received 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, 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.

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