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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Barbados (Ratification: 1974)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.