Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ghana (Ratification: 1961)

Article 1 of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comment, after noting that consultations to review the Labour Act of 2003 were ongoing, the Committee asked the Government to seize this opportunity to ensure that the new Labour Act includes as a minimum the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention. Specifically, the Committee had stressed that the expressions “social status”, “politics” and “political status”, set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act, appeared to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. Noting that the Government reports that the review of the Labour Act of 2003 is still ongoing at the National Tripartite Committee, the Committee reiterates its request that the new provisions adopted in the Labour Act cover, as a minimum, all the prohibited grounds listed in Article 1(1)(a).

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Previously, the Committee asked the Government to provide information on: (1) any developments concerning the expansion of the definition of sexual harassment in the Labour Act (to explicitly cover hostile environment sexual harassment); and, in the meantime, (2) the number, nature and outcome of any complaints or cases of violence or sexual harassment at work handled by the labour inspectorate and the courts. The Government indicates that the expansion of the definition of sexual harassment is part of the ongoing review of the Labour Act. The Government further indicates that there has not been any report or complaints in respect of sexual harassment at work to the Labour inspectorate, the National Labour Commission, or the courts. The Committee recalls in this regard 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 an appropriate legal framework, 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 reprisal (General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee therefore asks the Government to take steps to raise awareness on sexual harassment among labour inspectors and other officials in charge of detecting and addressing the issue, as well as among workers and employers and their respective organizations. The Committee also asks the Government to provide detailed information on the complaints mechanisms in place to address cases of sexual harassment at work and their use in practice (number of cases treated and outcome of these cases). Lastly, the Committee asks the Government, once again, to provide information on any legislative developments concerning the expansion of the definition of sexual harassment with a view to explicitly covering hostile environment sexual harassment.

Article 2. Equality of opportunity and treatment irrespective of race, colour, religion or national extraction. In its last comment, the Committee noted that the report of the Government was silent on the issue of discrimination on the grounds of race, colour, religion and national extraction. It also drew the Government’s attention to its 2018 general observation on discrimination on the grounds of race, colour and national extraction and requested information in response to the questions raised therein. The Committee notes that the Government expresses its commitment to fighting against discrimination on the grounds of race, colour, religion and national extraction. The Government refers to section 17(2) and (3) of the 1992 Constitution which prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status (section 17(2)); and defines discrimination as giving “different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description” (section 17(3)). The Government also reports that the grounds of race, colour, religion and national extraction are covered by the protection afforded by the Labour Code (sections 14 and 63). While taking note of the provisions in the national legislation referred to by the Government, the Committee recalls that when reviewing the situation and deciding on the measures to be taken in the context of a national equality policy, it is essential that attention be given to all the grounds protected under the Convention. The Committee also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes, and awareness raising (2012 General Survey, paragraphs 848 and 849). The Committee therefore asks the Government to provide information on the measures adopted in practice to promote the principle of equality of opportunity and treatment in employment and occupation irrespective of race, colour, religion or national extraction and to address instances of discrimination on these grounds. In particular, the Committee asks the Government to provide information on: the adoption and implementation of specific administrative measures; collective agreements; public policies; affirmative action measures; dispute resolution and enforcement mechanisms; specialized bodies; practical programmes; and awareness raising activities; directed at addressing discrimination on the grounds of race, colour, religion or national extraction in employment and occupation.

Enforcement. The Committee asked the Government to provide: (1) concrete examples of measures taken to enhance the capacity of law enforcement agencies and institutions to identify and address discrimination in employment and occupation; (2) a copy of the new labour inspection form when adopted, as well as information on any cases of discrimination in employment and occupation identified by or reported to labour inspectors; and (3) copies of any decisions by the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice or any other competent body. The Government indicates that more officers have been recruited by the law enforcement agencies and institutions. In collaboration with the European Union, ILO, the United Nations Children’s Fund (UNICEF), the World Bank and the German Corporation for International Cooperation (GIZ), the Government has trained labour inspectors and provided logistics to enhance inspections in workplaces. The Committee notes, however, that the Government does not specify whether the training delivered to law enforcement agencies, including to labour inspectors, was designed to enhance their capacity to identify and address cases of discrimination in employment and occupation. The Committee also notes the indication by the Government that the new inspection form referred to in its previous report is at its final stage for validation and that there has been no reported complaints about discrimination during the reporting period. In this regard, the Committee recalls that, as stated above, the absence of complaints does not necessarily indicate that discrimination does not exist. It also recalls that the supervision of the provisions against discrimination in employment and occupation often rests in the first instance with the labour inspection services (2012, General Survey, paragraphs 790 and 872). The Committee therefore asks again that the Government provide concrete information on any training undergone by labour inspectors, court officials or other authorities to identify and address cases of discrimination in employment and occupation. The Committee also asks that the Government provide a copy of the new labour inspection form when it has been adopted. Lastly, the Committee asks the Government to provide detailed information, if possible disaggregated by sex, on the number of cases of discrimination in employment and occupation brought to or identified by the authorities and their outcome (including information on sanctions imposed and remedies granted).

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