Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Seychelles (Ratification: 1999)

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

Articles 1 and 3 of the Convention. Protection of workers against discrimination. Legislation. For a number of years, the Committee has been requesting that, in the context of the revision of the Employment Act of 1995, the Government take steps to include in its national legislation provisions fully reflecting the Convention. It previously noted that sections 48(2) and (3) of the Employment Bill of 2016, which was due to replace the Employment Act, explicitly prohibited direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement, in its report, that a new Employment Bill was adopted, in 2018, but that the above-referred provisions have been maintained. The Government adds that a new section 48(8) has been added in the Employment Bill prohibiting discrimination against «a person or worker who is a member or office bearer of a trade union or refuses to become a member of a trade union or take part in the activities of a trade union». The Committee further notes the Government’s indication that, in 2019, no complaint was made regarding employment discrimination based on the grounds prohibited by the Convention. The Committee expresses the firm hope that the Government will make every possible effort to give full legislative expression to the principles of the Convention by ensuring that its national legislation explicitly defines and prohibits direct and indirect discrimination in employment and occupation, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including through the adoption of the Employment Bill of 2018. It asks the Government to continue to provide information on any progress made in that regard, as well as on the number, nature and outcomes of any complaints dealt with by the competent authorities regarding employment discrimination based on the grounds covered by the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted that the Employment Bill of 2016 included a specific definition of sexual harassment but it only covered sexual harassment based on quid pro quo without addressing sexual harassment due to a hostile work environment. It notes the Government’s statement that section 48(5) of the Employment Bill of 2018 prohibits hostile environment harassment in terms that are wide enough to cover sexual harassment. The Committee however observes that such provision does not seem to refer explicitly to sexual harassment and generally refers to “unwelcome or unfriendly act committed by an employer”. In that regard, it wishes to recall that, to be effective, the prohibition of sexual harassment, which is a serious manifestation of sex discrimination, must explicitly cover not only behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual. It also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee notes the adoption of the Domestic Violence Act, 2020 (Act No. 21 of 2020) which provides for the protection of victims of domestic violence but observes, in that regard, that the Act limits sexual harassment to «repeatedly unwanted sexual advances towards a person» (section 2). Taking note of the Government’s statement that no complaint for sexual harassment has been dealt with by the competent authorities, the Committee however notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the incidence of gender-based violence in the State party which continues to be among the highest in the region; as well as the (2) underreporting of gender-based violence against women. The CEDAW explicitly recommended that the Government expeditiously adopt legislation criminalizing sexual harassment (CEDAW/C/SYC/CO/6, 12 November 2019, paragraphs 25 and 26). The Committee further notes that, in July 2021, in the context of the Universal Periodic Review (UPR), the United Nations (UN) Human Rights Council further recommended to strengthen efforts to combat gender-based violence, including by raising public awareness (A/HRC/48/14, 9 July 2021, paragraph 111). In light of the ongoing revision of the Employment Act, the Committee asks the Government to take the necessary measures to include specific legislative provisions: (i) defining and explicitly prohibiting all forms of sexual harassment in the workplace, both quid pro quo and hostile work environment; and (ii) whose scope of application is not limited to persons exercising authority. It further asks the Government to provide information on the measures and activities implemented in order to raise awareness of men and women workers, employers and their organizations of their respective rights and duties so as to prevent and address sexual harassment in employment and occupation in practice. The Committee asks the Government to continue to provide information on the number and outcome of any complaints of sexual harassment.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. Referring to its previous comments where it asked the Government to provide information on any concrete steps taken, pursuant to the National Employment Policy and Strategies of 2014, to effectively respond to the challenges faced by the workers most vulnerable to discrimination in employment and occupation, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It takes notes of the Government’s statement that the current practices in promoting equality are based primarily on implementing laws that prevent such actions. However, in light of the current absence of legislative provisions that explicitly prohibit direct and indirect discrimination on all grounds enumerated in Article 1(1)(a) of the Convention, the Committee wishes to emphasize the importance of implementing a national equality policy that would ensure that, in practice, workers are effectively protected against discrimination. Regarding the revised HIV/AIDS Policy of 2016 which includes as specific objective to reduce discrimination associated with HIV and AIDS in the workplace, the Government states that an action plan was drafted and sensitization activities were conducted in 2019 and 2020, including in collaboration with the National AIDS Council. The Committee notes the Government’s indication that no case of discrimination against workers on the basis of their real or perceived HIV status was registered in 2019, but that an evaluation of the action plan will be conducted in 2021. The Committee again asks the Government to provide information on the nature and impact of the activities implemented, in the framework of the National Employment Policy and Strategies or otherwise, to promote equality in employment and occupation, in particular irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, including awareness-raising or training activities, affirmative action measures, dissemination of good practices, and development of codes or guides. It further asks the Government to provide information on the results of the evaluation of the HIV/AIDS policy and action plan undertaken in 2021, in particular regarding their impact on discrimination associated with HIV and AIDS in the workplace, as well as on any case of discrimination and stigmatization of workers on the basis of their real or perceived HIV status dealt with by the competent authorities.

Promoting gender equality and addressing occupational gender segregation. Referring to its previous comments regarding the adoption of the National Gender Policy in 2016, the Committee welcomes the adoption, in March 2019, of the National Gender Plan of Action (NGPOA) for 2019-2023 which aims at articulating the activities that have to be undertaken by the respective sectors for the attainment of the policy’s goals and objectives. It notes the Government's indication that several actions will be undertaken under the NGPOA, among which are: (1) conducting a survey to identify barriers that impede women advancement in male dominated areas and sensitizing private sector employers on survey findings and their duties to address any discrimination; and (2) sensitizing women on their right to non-discrimination in the workplace, including during pregnancy. The Committee further notes that, as highlighted in the Decent Work Country Programme (DWCP) for 2019-2023, although statistics show that Seychelles has made significant progress in reducing gender inequality in the public sector, with an increasing number of women (approximately 40 per cent) occupying senior and decision-making positions, there is still a lack of statistics to establish the gender differences in the private sector. However, there is evidence that women continue to be slightly at a disadvantage when it comes to job opportunities, some jobs being difficult to access especially for women. In that regard, the Committee notes the Government’s indication that while occupational gender segregation is not a prevalent subject in Seychelles, there is clear evidence showing that either men or women are over-represented in certain sectors and to that end the National Institute of Science, Technology and Innovation is encouraging more girls to follow science, technology, engineering and mathematics (STEM) programmes.

The Committee notes that the DWCP sets as a specific priority the elaboration of a study on discrimination and gender equality but observes that the Government states that its implementation will depend on financial availability given the financial impact of the COVID-19 pandemic. In that regard, the Committee wishes to recall that workers most vulnerable to discrimination are generally more likely to be adversely affected by crises such as the COVID-19 pandemic and that specific attention should be given to the elaboration of a study on discrimination and gender equality which is critical, particularly to better understand and develop effective strategies and measures to minimize and address all forms of discrimination at work, more particularly between men and women. The Committee further notes that, in its concluding observations, the CEDAW remained concerned about: (1) the concentration of women and girls in traditionally female-dominated fields of study and their underrepresentation in the fields of STEM at the secondary and tertiary levels; (2) the lack of data, disaggregated by age and other relevant factors, on the dropout rate among pregnant girls and their re-entry rate following childbirth; (3) the persistence of discriminatory gender stereotypes and patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; as well as (4) the frequent occupational segregation faced by women and the fact that the high achievements of girls in education do not translate into labour market opportunities, in particular in the private sector (CEDAW/C/SYC/CO/6, paragraphs 23, 33 and 35). Furthermore, in July 2021, in the context of the UPR, the UN Human Rights Council specifically recommended to the country to address stereotypical attitudes about the roles and responsibilities of women and men in the family and in society in order to fully achieve gender equality (A/HRC/48/14, paragraph 111). The Committee asks the Government to: (i) provide information on the concrete measures implemented, in particular in the framework of the National Gender Plan of Action and the Decent Work Country Programme for 2019-2023; (ii) address occupational gender segregation through the diversification of the areas of education and vocational training for women; and (iii) improve equality of opportunity and treatment between men and women in employment and occupation in practice, including through awareness-raising campaigns to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. In that regard, it asks the Government to provide information on the results of any survey conducted on gender equality and discrimination at work, in particular in order to identify barriers that impede women advancement in male dominated areas. Recalling the importance of collecting statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, the Committee asks the Government to provide such information in its next report.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. Referring to its previous comments regarding its general observation of 2018 on discrimination based on race, colour and national extraction, the Committee welcomes the adoption of the Labour Migration Policy in October 2019 and notes that the policy sets as specific objective to protect the rights of migrant workers, on the basis of the principles of equality of treatment and non-discrimination. The policy recognizes that, despite a number of regulations and legal instruments adopted to protect the human and labour rights of migrant workers, documented rights violations and areas for concern include discriminatory wage practices, abusive working conditions, concentration of migrants in hazardous occupations, and lack of access to information, in particular for low-skilled migrant workers, including domestic workers. The Committee notes that, in light of the specific needs and vulnerabilities of migrant workers, the policy provides that the Government will take measures to strengthen the enforcement of existing regulations, protect workers from fraudulent and abusive recruitment practices, and improve data collection on abuses and violations. Welcoming the adoption of the Labour Migration Policy, the Committee asks the Government to provide information on the content and impact of the measures effectively implemented to address discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers and promote equality of opportunity and treatment of migrant workers.

Awareness-raising and enforcement. Referring to its previous comments regarding the activities undertaken to raise awareness of the principles of the Convention and ensure the effective application of the legislation, more particularly regarding the prohibition of discrimination in job vacancies, the Committee notes the Government’s indication that, in order to be proactive against discrimination cases, the Industrial Relations Section of the Employment Department also employs inspection officers who organize daily visits to identify potential breaches of employment laws and regulations, and conducts public sensitization programmes and activities, including via national television and radio programmes. The Government adds that discrimination regarding employment opportunities may exist in the country but that the numbers are very low in terms of reporting. In that regard, the Committee refers, to its 2020 direct request on the Labour Inspection Convention, 1947 (No. 81), where it noted that, according to the DWCP, the Labour Monitoring and Compliance Section of the Employment Department requires further capacity to maximize its effectiveness in its future labour inspections. It further notes, from the 2019 annual report of the Seychelles Human Rights Commission, that only four complaints were registered regarding the right to work but that no further information is available regarding their specific content or outcome. Regarding the steps taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies, the Committee notes the Government’s statement that when it has been established that an employer has issued a discriminatory job vacancy, the Employment Department advises the employer that the content of the advert is contrary to the national legislation and requests him or her to re-advertise. The Committee asks the Government to provide information on the nature and impact of the activities undertaken, including by the Industrial Relations Section of the Employment Department, to raise awareness among government officials, judges, workers, employers, and their organizations, and the general public on the principles of the Convention, as well as the remedies and procedures available. It also asks the Government to provide information on the concrete measures taken to reinforce the capacity and effectiveness of the Labour Monitoring and Compliance Section of the Employment Department, and their impact in terms of identification and reporting of cases of discrimination in employment and occupation. The Committee asks the Government to provide information on the number, nature and outcome of administrative and judicial decisions regarding the principles of the Convention, and more particularly discriminatory job vacancies.

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

The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) and of the Association of Seychelles Employers (ASE) communicated with the Government’s report.

Article 1 of the Convention. Protection of workers against discrimination. In its previous comment, noting that the finalization of the Employment Act revision was still in progress, the Committee asked the Government to take steps to include provisions defining and prohibiting direct and indirect discrimination covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes from the Government’s report that the Employment Bill 2016, which is due to replace the revised Employment Act, includes provisions on direct and indirect discrimination. Section 48(2) provides that: “(a) An employer shall not make an employment decision against a worker on the grounds of the worker’s maternity, paternity and family responsibilities, age, gender, race, colour, nationality, social origin, language, religion, disability, real or perceived Human Immunodeficiency Virus status, sexual orientation or political opinion, trade union or other association; (b) A worker against whom such a decision is made will be deemed to have been directly discriminated against and may initiate the grievance procedure.” Further, section 48(3) provides that: “(a) An employer shall not apply a provision, criterion or practice to all workers irrespective of the characteristics at subsection 2(a) if (i) that provision, criterion or practice puts or would put workers of a specific worker’s characteristics at subsection 2(a) at a particular disadvantage when compared with other workers; and (ii) the provision, criterion or practice is to that specific worker’s disadvantage; (b) that worker will be deemed to have been indirectly discriminated against and may initiate the grievance procedure.” In response to the Committee’s request that the Government identify what steps are taken in practice to protect workers against discrimination on these grounds, the Government indicates that frequent routine (announced and unannounced) inspections are conducted in all sectors to ensure that employers are complying with the employment legislation. Welcoming the inclusion in the Employment Bill of provisions on prohibition of direct and indirect discrimination on all grounds enumerated in Article 1(1)(a), the Committee asks the Government to keep it informed as to the progress of the Bill. Meanwhile, the Committee asks the Government to provide information on any complaints before the competent authorities regarding employment discrimination based on the grounds prohibited by the Convention and the outcomes, including the remedies granted.

Discrimination based on sex. Sexual harassment. The Committee previously requested the Government to ensure that the draft amendments to the Employment Act define and prohibit both quid pro and hostile environment sexual harassment and to provide information on any other measures taken to prevent and combat harassment and sexual harassment in practice. The Committee notes from the Government’s statement that section 48(6) of the Employment Bill 2016 defines sexual harassment in these terms: “(a) An employer shall not use explicitly or implicitly a person’s rejection of, or submission to, conduct of a sexual nature and other conduct, physical, verbal or nonverbal, based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient as a basis for a decision which affects the person’s job; (b) A worker towards whom such an act is committed is deemed to have been sexually harassed and may initiate the grievance procedure.” The Committee would like to point out that this definition does not cover the full scope of “sexual harassment”, as it only covers sexual harassment based on quid pro quo but does not address sexual harassment deriving from a hostile environment. Concerning measures to prevent and combat harassment and sexual harassment in practice, the Government indicates that the Employment Bill 2016 has introduced a grievance mechanism in case of harassment whereby the Employment Tribunal shall establish whether an act of harassment has been committed and, if so, make any order of redress necessary (section 48(7)(b)). While welcoming the inclusion of an explicit provision on sexual harassment in its upcoming revised legislation on employment, the Committee urges the Government to take steps to ensure that the Employment Bill, when enacted, will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report. In addition, the Committee asks the Government to report on any steps taken to develop a national policy or strategy on the prevention of sexual harassment and to provide information on the number and outcome of complaints of sexual harassment.

Article 2. National equality policy. In its previous comment, the Committee requested the Government to detail the steps taken, within the framework of the renewed National Employment Policy and Strategies (NEPS), its action plan or otherwise, to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, and to provide information on the results achieved. The Committee also requested the Government to provide information on the study on discrimination in the workplace and its findings and on the adoption and implementation of the National Policy on HIV and AIDS in the workplace, in particular with respect to addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status. The Government indicates that the study on “discrimination in the workplace” has been postponed due to prior commitments and constraints and that the revised HIV/AIDS Policy was launched in April 2016. The Committee notes that Objective 2 of this policy is to: (i) reduce discrimination associated with HIV and AIDS in the workplace; (ii) develop concrete and realistic responses at workplace, community, sectorial and national levels to address issues of HIV and AIDS prevention, stigma and discrimination, the productivity of workers and businesses, and the care and support of workers infected or affected by HIV and AIDS; (iii) strengthen HIV mainstreaming in legal instruments and legislative work through review of existing legislation, policies and regulations and advocate for laws promoting stigma and discrimination of persons living with HIV; and (iv) promote the rights of workers in relevance to HIV and AIDS in the workplace through educational sessions, public awareness campaigns of various forms, strong pursuit of justice and zero tolerance to behaviours and administrative and/or social interactive practices that lead to stigma and discrimination of workers living with HIV and AIDS. The Committee notes the information provided as regard the NEPS, but considers that it is very general and does not indicate concretely the steps taken to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin in practice nor the impact of the implementation of the NEPS on workers most vulnerable to discrimination. The Committee asks the Government to provide information on any concrete steps taken pursuant to the National Employment Policy and Strategies, to effectively respond to the challenges faced by the workers most vulnerable to discrimination in employment and occupation, for example through awareness-raising or training activities, affirmative action measures, dissemination of good practice, and development of codes or guides. In addition, noting that the National Policy on HIV and AIDS in the workplace was adopted in 2016, the Committee asks the Government to provide information on its implementation and impact on addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status, including any relevant judicial decisions.

Promoting gender equality and addressing occupational gender segregation. In its previous comment, the Committee requested the Government: (i) to provide information on the concrete measures taken or envisaged to address occupational gender segregation; (ii) to promote gender equality in light of the 2014 National Employment Policy and Strategies, and (iii) to share any update on the finalization, adoption and implementation of the National Gender Policy. In its reply, the Government indicates that the National Gender Policy was officially launched on 25 November 2016. The Committee notes in that regard that in its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the Government declares that a National Gender Plan of Action 2019–23 was being developed (CEDAW/C/SYC/6, 9 July 2018, paragraph 151). The Committee asks the Government to provide information on the adoption of the Plan of Action of the National Gender Policy and the steps taken to implement it. Noting that the Government’s report does not respond to two of the points mentioned above, the Committee reiterates its request for information on: (i) the adoption and implementation of its proposed strategy for the promotion of gender equality in the context of the 2014 National Employment Policy and Strategies; and (ii) the measures adopted to proactively address occupational gender segregation, in particular by taking action in the areas of education and vocational training and to promote equality as regards access to paid employment as well as higher paying jobs.

Non-discrimination in the public sector. In the absence of information provided on this point, the Committee reiterates its request to the Government to provide details on the implementation in practice of the merit-based performance appraisal system included in the 2014 National Employment Policy and Strategies and the manner in which it ensures non-discrimination on the basis of the grounds covered by the legislation, in particular the grounds enumerated in the Convention.

General observation of 2018. 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.

Articles 2 and 3(a) and (b). National equality policy. Promoting the acceptance and observance of the policy. The Committee notes from the observations of the SFWU, that greater awareness of existing laws and regulations and policies among the general public, workers and employers and other stakeholders nationally could significantly contribute to promoting an environment without discrimination. It notes that the ASE, while recognizing the efforts of the Government and stakeholders to adopt measures to prevent discrimination in employment and occupation, denounces the practice of some organizations and companies that publish vacancies specifying age and gender criteria. The Committee wishes to recall that, in addition to legislative measures, a national equality policy should provide for concrete and practical measures to address existing inequalities. In that regard, public awareness-raising is essential to address prejudice and stereotyping regarding the professional abilities and aspirations of certain groups which lead to exclusion and discrimination in society and the labour market. The Committee points out further that awareness raising in cooperation with workers and employers and their organizations generates broader understanding of the principles enshrined in the Convention (see General Survey on fundamental Conventions of 2012, paragraphs 865–867). The Committee asks the Government to provide information on: (i) the activities undertaken to raise awareness among government officials, judges, workers, employers, and their organizations, and the general public on the principles of the Convention; and (ii) the steps taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Protection of workers against discrimination. For a number of years the Committee has been requesting the Government, in the context of the revision of the Employment Act, 1995, to take steps to include provisions defining and prohibiting direct and indirect discriminations covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the Government’s indication that the revision of the Employment Act is still being finalized by the Ministry of Labour and Human Resource Development (MLHRD). With respect to discrimination, the Government states that the revised Act will take into account the Committee’s comments, the provisions of the Convention and the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/SYC/CO/1-5, 29 October 2013). The Committee understands that the Office had already provided technical assistance in 2011 to the Government regarding the revision of the Act and notes the Government’s indication that, once finalized, the draft amendments will be submitted to the Office before its adoption. Expressing the hope that the revised Employment Act will be adopted in the near future, the Committee requests the Government to ensure that the Act explicitly defines and prohibits direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation, and covering all workers. The Committee requests the Government to indicate how it is ensured that workers are protected against discrimination on these grounds in practice.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes from the Government’s report that the definition of harassment in the Employment Act will be amended and a specific definition of sexual harassment will be added. The Committee welcomes the draft provisions regarding harassment and sexual harassment included in the report. It recalls however that the provisions should not only cover quid pro quo sexual harassment “from a person towards another person” but also sexual harassment due to a hostile work environment (see General Survey on the fundamental Conventions, 2012, paragraph 789). In this context, the Committee also recalls the importance of providing for preventive measures and adequate proceedings, including with respect to the burden of proof, and appropriate sanctions. The Committee requests the Government to ensure that the draft amendments to the Employment Act define and prohibit both quid pro and hostile environment sexual harassment and to provide information on any other measures taken to prevent and combat harassment and sexual harassment in practice.

Article 2. Promoting gender equality and addressing occupational gender segregation. The Committee notes from the Labour Force Survey 2011–12 published by the National Bureau of Statistics that the distribution of employed persons by industry and by sex shows that women remain concentrated in public administration, health and social work, education, accommodation and food services, and men in agriculture, construction, manufacturing, trade and transportation. The Committee notes the detailed information provided by the Government on training and skills development. It notes in particular that in 2013, as part of the efforts to end occupational segregation and expand the occupational choices of girls and women, the MLHRD decided to diversify the areas of training under the employment training schemes, encouraging participants to consider taking training in construction, agriculture and horticulture, fishing, engineering and services. The Committee further notes that a draft National Gender Policy is being finalized (CEDAW/C/SYC/CO/1-5, paragraph 16) and that the Gender Secretariat has published a Gender and Law Manual to provide information and resources for parliamentarians, judges, lawyers and law enforcement agencies on gender related matters under the national legislation. Welcoming these initiatives, the Committee requests the Government to continue to provide information on the concrete measures taken or envisaged to address occupational gender segregation through the diversification of the areas of vocational training for women, and to promote gender equality in practice, including through awareness-raising campaigns to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. The Committee also requests the Government to provide information on the proposed strategy for the promotion of gender equality in the context of the 2014 National Employment Policy and Strategies (NEPS). The Government is also requested to take steps to finalize, adopt and implement the National Gender Policy and to provide information in this context on specific measures taken to promote gender equality in employment and occupation, and the results thereof.

Non-discrimination in the public sector. The Committee notes that the NEPS provides that the Government shall “promote a merit-based performance appraisal system throughout government and parastatals … to ensure non discrimination on the basis of age, sex, disability, HIV/AIDS status, maternity/family responsibilities, race, colour, nationality, social origin, language, religion, sexual orientation, political opinion, trade union activities or other associations and any other grounds”. The Committee requests the Government to provide information on the implementation of this system and the manner in which it ensures non-discrimination on the abovementioned grounds in practice.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. National equality policy. The Committee notes with interest the formulation, in collaboration with the social partners, and the adoption on 28 April 2014 of the renewed National Employment Policy and Strategies (NEPS). The NEPS includes a strategy on non-discrimination in the workplace which provides for detailed measures to promote gender equality and address discrimination against people living with disabilities, the elderly and people living with HIV/AIDS. The strategy highlights the importance of conducting a study on discrimination in the workplace to identify any possible forms of discrimination and ensure the effective application of the Equal Remuneration Convention, 1951 (No. 100), and the present Convention. The Committee notes from the Government’s report that the Ministry of Labour and Human Resource Development (MLHRD) has earmarked this study for the last quarter of 2014 and intends to finalize the Action Plan of the Policy, in consultation with the social partners, by October 2014. The Committee further notes the Government’s indication that a draft National Policy on HIV and AIDS in the workplace addressing discrimination of workers living with HIV is being developed in collaboration with the social partners. The Committee requests the Government to detail the steps taken, within the framework of the NEPS, its action plan or otherwise, to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, and to provide information on the results achieved. The Committee also requests the Government to provide information on the study on discrimination in the workplace and its findings and on the adoption and implementation of the National Policy on HIV and AIDS in the workplace, in particular with respect to addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislation. The Committee notes the Government’s indication that a new Multi-Sectoral Committee has been established to review the National Employment Act of 1995, and that the attention of the new Committee will be drawn to the issue of direct and indirect discrimination, sexual harassment, as well as including “social origin” as an element of the definition of discrimination. The Committee urges the Government to take the opportunity of the legislative review to ensure that the new Employment Act explicitly defines and prohibits direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation, and covering all workers, as well as including provisions to prevent and prohibit sexual harassment, both quid pro quo and hostile work environment harassment. The Committee asks the Government to consider forwarding the draft revisions to the Office before their adoption, to ensure their conformity with international labour standards, including Convention No. 111. Please provide information on steps taken in this regard.

Article 2 of the Convention. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that the principle of equality of opportunity and treatment will be considered in the review of the current national employment policy and will also be an integral part of the new revised Employment Act. The Committee notes that ILO technical assistance has been requested to develop the employment policy. The Committee encourages the Government to continue its efforts to develop and implement a national equality policy, and to take the necessary steps to obtain ILO technical assistance in this regard. Please provide information on any progress made, including measures taken or envisaged to promote equality in access to vocational training, employment and occupation.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the National Consultative Committee on Employment (NCCE) will promote the application of the Convention. The Committee asks the Government to provide specific information on the activities undertaken by the NCCE related to the application of the Convention, and on the role of the social partners in the context of the development and implementation of the national employment policy. The Committee also asks the Government to provide information on all other initiatives or programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.

Article 3(e). Access to vocational training. Occupational segregation. The Committee recalls its previous comments noting the presence of occupational gender segregation in the labour market. The Committee observes from the statistical bulletin (October 2010) of the National Bureau of Statistics that 63.9 per cent of workers employed in the Government are women, especially in education, human health and social work activities and administrative and support services activities. The Committee asks the Government to provide information on any measures taken or envisaged to address occupational gender segregation. It particularly asks the Government to provide more information on how the Skills Development Programme and the retraining programme promote women’s access in a wider range of occupations and industries. Recalling the importance of collecting information, disaggregated by industry and occupation on the number of men and women employed both in the private and the public sector, the Committee asks the Government to provide such information in its next report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Legislative developments. Protection from discrimination. The Committee recalls its previous comments in which it noted the discrimination provisions contained in section 46(1) of the Employment (Amendment) Act (Act 4 of 2006). It had requested the Government to indicate whether section 46(1) was intended to cover indirect discrimination and to clarify why the ground of social origin had been omitted. Noting the Government’s statement that the issues raised will be considered in the revision of the legislation in 2009, the Committee hopes that the new legislation will include an explicit prohibition of direct and indirect discrimination based on all the grounds of the Convention, including social origin.

Sexual harassment. With respect to its previous comments regarding legal protection from sexual harassment by co-workers, the Committee notes the Government’s statement that section 80(1)(a) of the Employment Act, 1995, makes employers liable to conviction for any act done by agents (employees) with the connivance of the employer. Recalling the elements defining sexual harassment set out in its 2002 general observation on the issue, the Committee asks the Government whether section 80(1)(a) covers both quid pro quo as well as hostile environment sexual harassment, and to indicate how persons are protected against acts of sexual harassment by co-workers without the connivance of their employer. Please also indicate the remedies available to victims of sexual harassment.

Articles 2 and 3. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee refers to its previous direct requests regarding the elements that should be contained in a national policy on equality. Noting that the Government intends to commence discussions with the social partners on a national policy on equality of opportunity and treatment, which should be in place by mid-2009, the Committee hopes that the Government will be in a position to provide full information on the contents and the implementation of its policy in its next report.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that new activities have been undertaken with the social partners to promote the application of the Convention. The Committee hopes that, in the context of the discussions on the formulation of the national policy, proactive measures to encourage employers and workers to promote equality at the workplace will be considered, as well as means through which the National Consultative Committee can promote the application of the Convention.

Part V of the report form. The Committee notes the employment and labour market statistics for 2008. It notes that while the total number of female and male active jobseekers is more or less the same, female active jobseekers are primarily concentrated in the clerical and services occupational groups and to a lesser extent in the occupational group of professionals, while more than 75 per cent of the male active jobseekers are found in production. Most of the vacancies are registered for service and production workers in the hotel and restaurant industry and for production workers in the construction industry. Most job placements were in the occupational group of “production workers”, with a majority of them women. A high number of female job placements can also be found for service workers in the public sector. With respect to skills training, women constituted 89.8 per cent of the total placements. While men and women can be found in all occupational groups and industries, the Committee must observe that occupational gender segregation of the labour market exists both in respect of vacancies and active jobseekers. The Committee asks the Government to indicate the measures taken to address occupational segregation of men and women and to promote women’s access in a wider range of occupations and industries. Please also provide information on the type of vocational training courses in which women and men are respectively enrolled, as well as on the type of skills training that has been provided to women placed in the Skills Acquisition Programme and districts projects.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 and 2 of the Convention. Legislative developments. Protection from discrimination. The Committee notes that the Employment (Amendment) Act (Act 4 of 2006) introduces non-discrimination provisions into the Employment Act 1995. Section 46(1) of the Act, as amended, provides that “where an employer makes an employment decision against a worker on the ground of the worker’s age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual or political orientation, trade union or other association, the worker may make a complaint to the Chief Executive stating all relevant particulars”.

2. The Committee recalls that the Convention aims at the elimination of direct and indirect discrimination. Indirect discrimination occurs “when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of certain characteristics, such as race, colour, sex, religion, and is not closely related to the inherent requirements of the jobs” (see the Committee’s Special Survey on Equality of Opportunity and Treatment, 1996, paragraph 26). The Committee requests the Government to indicate whether section 46A(1) is intended to provide protection not only from direct but also from indirect discrimination. Noting that this provision does not cover discrimination based on social origin, which is one of the grounds listed in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate the reasons for this omission. It requests the Government to consider including in the legislation an explicit prohibition of direct and indirect discrimination, including discrimination on the ground of social origin.

3. Sexual harassment. The Committee notes that section 46B of Employment Act, 1995, as amended in 2006, provides that “an employer shall not commit any act of harassment against a worker”. The Committee notes that the term “harassment” as defined in section 2 appears broad enough to cover acts or conduct of a sexual nature, although the provision refers more generally to harassment on the ground of gender and other grounds. Noting the definition of “employer” in section 2 of the Act, the Committee requests the Government to indicate whether any protection is available from sexual harassment done by co-workers. Please also indicate the remedies available to victims of sexual harassment.

4. Articles 2 and 3. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee recalls that the Government previously indicated that it would consider the adoption of a non-discrimination and equality policy as soon as the Employment Act had been revised. The Committee notes that a national policy in accordance with Articles 2 and 3 of the Convention should, in addition to legislative measures, also provide for concrete and practical measures to address existing inequalities, for example, through promoting and ensuring equal access to training, vocational guidance and employment services, and awareness raising on discrimination and equality issues. It could also entail proactive measures to encourage employers to promote equality at the workplace. The Committee requests the Government to indicate any progress made in formulating and implementing a national policy in accordance with Articles 2 and 3.

5. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government’s report, in respect to this provision of the Convention, refers to section 72A of the Employment Act 1995, as amended, which provides for the establishment of a tripartite National Consultative Committee. The Committee requests the Government to indicate any activities or initiatives of the National Consultative Committee promoting the application of the Convention.

6. Part V of the report form. Practical information on application. The Committee emphasizes the importance of assessing information indicating the practical application of the Convention, including statistical information. In this regard, the Committee requests the Government to provide information on the following:

n      statistical information on the participation of men and women in the labour market (public and private sectors), as far as possible by occupation and levels of responsibility;

n      statistical information on the number of men and women participating in the various types of training courses and apprenticeships;

n      information on any employment discrimination cases in the private or public sector addressed by the competent authorities, including information on any complaints brought under section 46A and 46B of the Employment Act.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Legislative protection against discrimination and sexual harassment. Further to its 2002 observation on sexual harassment and with reference to its previous comments regarding the absence of legislation explicitly prohibiting discrimination in employment and occupation, the Committee notes the Government’s statement that the Employment Act of 1995 is being revised in order to ensure the prohibition of discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin; in addition, the Government indicates that the scope of the new legislation will cover all points raised in the 2002 general observation. The Committee hopes that the new Employment Act will provide adequate protection from direct and indirect discrimination at all stages of the employment process, and asks the Government to keep it informed of the progress made in this regard.

2. Article 2. Formulation and implementation of national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that to date there is no non-discrimination or equality policy and that the matter will be considered as soon as the Employment Act has been revised. The Committee reminds the Government that, in addition to the adoption of legislation protecting against discrimination, the adoption and implementation of a policy on equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. It hopes that the Government will soon be able to take active steps to ensure the promotion of equality of employment and occupation in law and in practice on all grounds listed in the Convention and requests the Government to keep it informed of any developments in this regard.

3. Article 3(a). Cooperation with the social partners and any other relevant bodies. In absence of any information on this point, the Committee reiterates its previous request to the Government to provide information on the measures taken to obtain the participation of employers’ and workers’ organizations or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

4. Article 3(d). Access to the public service. The Committee takes note of the Government’s explanations regarding the recruitment procedure under the Public Service Order. However, the Government’s report does not provide any information on how the principle of equality is ensured with respect to the other stages of the employment process, including promotion, terms and conditions of employment, and termination of employment in the public service. In order to be fully able to assess how the principle of equality in employment and occupation is applied in the public service, the Committee asks the Government to provide statistical information on the distribution of men and women in different occupations of the public service, as well as on the implementation of the principle of the Convention in other stages of the employment process.

5. Article 3(e). Access to vocational training. With regard to its previous comments on the application of the principle of equality in access to vocational training, the Committee notes the Government’s statement that its training policy places people at the heart of development and provides learning opportunities through a variety of programmes without discrimination. However, in the absence of any further information on the content and type of the training courses and apprenticeship programmes being held, and the distribution of men and women in these courses and programmes, it is difficult to determine whether inequalities or exclusion of candidates may possibly occur on the grounds referred to in the Convention. The Committee asks the Government to supply, in its next report, any information available, disaggregated by sex, on the participation of men and women in the various training courses and apprenticeships, and the results achieved. Please also provide information on how the Centre for Skills Development of the Employment Department and the National Vocational Training Board are ensuring that no direct and indirect discrimination occurs in the training and apprenticeship schemes.

6. Enforcement. The Committee notes the Government’s statement that the grievance procedure under section 64 of the Employment Act applies to disputes concerning allegations of discrimination in employment and occupation. The Government further indicates that cases of discrimination in the public sector are dealt with by the Ministry of Administration and Manpower Development or the Public Service Appeals Board. Please provide information on the number and the nature of the disputes and claims alleging employment discrimination brought under the abovementioned grievance procedure, or to the Ministry of Administration and Manpower Development or the Public Service Appeals Board, including information on their outcome. The Committee also reiterates its request to the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way.

7. The Committee reiterates its request to the Government to provide information on cases in which a person has been considered to be engaged in activities prejudicial to the security of the state.

8. Part V of the report form. Practical information on application. The Committee reiterates its request to the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibilities.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that article 27(1) and (2) of the Constitution guarantees the right to equal protection of the law. The Committee notes that the Employment Act, 1995, regulates terms and conditions of employment, but that it does not prohibit discrimination nor does it require equality in employment and occupation. The Committee therefore invites the Government to consider amending its legislation to prohibit explicitly discrimination in employment and occupation. It also requests the Government to provide information with its next report on any other measure adopted or envisaged to prohibit discrimination in employment and occupation on the grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.

2. Article 2. The Committee notes from the Government’s statement that it has not adopted a non-discrimination or equality policy, but notes that it refers to an employment policy, of which it omitted to provide a copy to the Office. The Committee therefore requests the Government to provide a copy of the employment policy with its next report. The Committee also requests the Government to indicate in its next report any further measures, including programmes and projects, that it has taken to declare and pursue a policy with a view to eliminating discrimination in employment and occupation, and particularly in terms and conditions of employment, for all workers on the basis of the grounds set out in the Convention. It also requests the Government to provide information on activities carried out by different institutions to promote and pursue the policy of equality in employment and occupation.

3. With respect to access to vocational training, the Committee notes the Government’s statement that it promotes integration of educational and vocational training programmes without any form of discrimination and that employers are obliged under the employment policy to train employees. The Committee requests the Government to provide detailed information on these training programmes, and particularly on how the principle of equality is being implemented in respect of access to vocational training. The Committee also notes that under section 28(1) and (2) of the Employment Act, 1995, the National Vocational Training Board, in collaboration with public or private organizations, shall promote, develop and organize training and apprenticeship schemes section. The Committee requests the Government to provide information with its next report respecting the role played by the National Vocational Training Board in promoting the principle of equality in training and apprenticeship schemes.

4. The Committee requests the Government to provide information with its next report on how the principle of equality in employment and occupation is implemented in the public sector with regard to recruitment, promotion, terms and conditions of employment and termination of employment.

5. The Committee asks the Government to provide information on the measures taken to obtain the cooperation of the social partners or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

6. The Committee notes the Government’s statement that under section 64 of the Employment Act, 1995, workers may have recourse to a grievance procedure. The Committee requests the Government to clarify whether this procedure is applicable to disputes concerning allegations of discrimination in employment and occupation and, if not, to indicate the procedure that exists in the event of such disputes. The Committee also requests the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, 1995, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way. The Committee also requests information on the procedures available for bringing discrimination claims in the public sector, together with information on any claims that have been made and on their outcome.

7. Article 4. The Committee notes the Government’s statement that any person who is suspected of or engaged in activities prejudicial to the security of the State will have their employment terminated on grounds of gross misconduct. It also notes the statement that such a person has the right to appeal to either the Ombudsman or the Public Service Appeals Board. The Committee requests the Government to provide information in future reports of cases in which a person has been considered to be engaged in activities prejudicial to the security of the State.

8. The Committee requests the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibility.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s first report.

1. Article 1 of the Convention. The Committee notes that article 27(1) and (2) of the Constitution guarantees the right to equal protection of the law. The Committee notes that the Employment Act, 1995, regulates terms and conditions of employment, but that it does not prohibit discrimination nor does it require equality in employment and occupation. The Committee therefore invites the Government to consider amending its legislation to prohibit explicitly discrimination in employment and occupation. It also requests the Government to provide information with its next report on any other measure adopted or envisaged to prohibit discrimination in employment and occupation on the grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.

2. Article 2. The Committee notes from the Government’s statement that it has not adopted a non-discrimination or equality policy, but notes that it refers to an employment policy, of which it omitted to provide a copy to the Office. The Committee therefore requests the Government to provide a copy of the employment policy with its next report. The Committee also requests the Government to indicate in its next report any further measures, including programmes and projects, that it has taken to declare and pursue a policy with a view to eliminating discrimination in employment and occupation, and particularly in terms and conditions of employment, for all workers on the basis of the grounds set out in the Convention. It also requests the Government to provide information on activities carried out by different institutions to promote and pursue the policy of equality in employment and occupation.

3. With respect to access to vocational training, the Committee notes the Government’s statement that it promotes integration of educational and vocational training programmes without any form of discrimination and that employers are obliged under the employment policy to train employees. The Committee requests the Government to provide detailed information on these training programmes, and particularly on how the principle of equality is being implemented in respect of access to vocational training. The Committee also notes that under section 28(1) and (2) of the Employment Act, 1995, the National Vocational Training Board, in collaboration with public or private organizations, shall promote, develop and organize training and apprenticeship schemes section. The Committee requests the Government to provide information with its next report respecting the role played by the National Vocational Training Board in promoting the principle of equality in training and apprenticeship schemes.

4. The Committee requests the Government to provide information with its next report on how the principle of equality in employment and occupation is implemented in the public sector with regard to recruitment, promotion, terms and conditions of employment and termination of employment.

5. The Committee asks the Government to provide information on the measures taken to obtain the cooperation of the social partners or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

6. The Committee notes the Government’s statement that under section 64 of the Employment Act, 1995, workers may have recourse to a grievance procedure. The Committee requests the Government to clarify whether this procedure is applicable to disputes concerning allegations of discrimination in employment and occupation and, if not, to indicate the procedure that exists in the event of such disputes. The Committee also requests the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, 1995, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way. The Committee also requests information on the procedures available for bringing discrimination claims in the public sector, together with information on any claims that have been made and on their outcome.

7. Article 4. The Committee notes the Government’s statement that any person who is suspected of or engaged in activities prejudicial to the security of the State will have their employment terminated on grounds of gross misconduct. It also notes the statement that such a person has the right to appeal to either the Ombudsman or the Public Service Appeals Board. The Committee requests the Government to provide information in future reports of cases in which a person has been considered to be engaged in activities prejudicial to the security of the State.

8. The Committee requests the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibility.