All Comments

Home Page | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Grenada (Ratification: 2003)

Display in: French - Spanish

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s reports, due since 2019, have not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 to 3 of the Convention. Protection against discrimination. Legislation. Scope of application. The Committee recalls that: (1) pursuant to section 26 of the Employment Act (Act No. 14 of 1999), discrimination is prohibited “against any employee on the grounds of race, colour, national extraction, social origin, religion, political opinion, sex, marital status, family responsibilities, age or disability, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship”; (2) the Employment Act excludes from its scope of application members of the police force, armed forces or to prison guards or officers except those employed in a civilian capacity; and (3) the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks once again the Government:

(i)to examine the possibility of reviewing the Police Act and the Prison Act to insert provisions guaranteeing that members of the police force and prison guards or officers are protected against discrimination; and
(ii)in the meantime, to provide information on any steps taken or envisaged to ensure that all categories of workers excluded from the scope of the Employment Act benefit effectively from a protection against discrimination.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that a Sexual Harassment Bill was being drafted and the revision of the Employment Bill, which addresses the issue of sexual harassment in employment and occupation, was being undertaken. The Committee notes from the Comprehensive National Review on Implementation of the Beijing Declaration and Platform for Action of May 2019 (the Beijing+25 report) that, as of 2019, the draft legislation on sexual harassment had not been approved. The report, which reproduces the conclusions of the research made by the Grenada National Training Agency, identifies “the potential for sexual harassment, with a higher risk in male dominated workplaces” as a barrier to the employment of women. The Committee asks the Government to provide information on the measures taken to speed up the adoption of legal provisions on sexual harassment in employment and occupation, either in a separate legislation or through the amendment of the Employment Act. It asks the Government to ensure that such legislation:

(i)clearly defines and prohibits both quid pro quo and hostile environment sexual harassment in employment and occupation; and
(ii)provides for specific preventive measures and remedies, including complaint mechanisms, protection against reprisals, sanctions and compensation.

The Committee asks the Government to take steps to:

(ii)raise awareness among employers, workers and their organizations about the issue, including through the design and implementation of codes of conduct and sensitization campaigns;
(ii)reinforce the capacity of law enforcement officers to detect and address cases of sexual harassment in employment and occupation; and
(iii)collect information on instances or sexual harassment.

The Committee also asks the Government to provide information on cases of sexual harassment in employment and occupation reported to or detected by the labour inspectors and dealt with by the courts.

Articles 2 and 3. National equality policy.The Committee asks once again the Government to provide information on:

(i)any specific measures taken or envisaged to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin; and
(ii)any specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Gender equality. The Committee takes note of the Gender Equality Policy and Action Plan 2014-2024, which highlights the existence of gender segregation on the labour market and the persistence of gender stereotypes. It welcomes the objectives of this policy, such as the review of legislation to identify gender-based discrimination, the elimination of gender stereotypes, the encouragement of men’s participation in life and the promotion of men’s and women’s participation in the labour force. The Committee notes that, according to the 2013-2016 data presented in the Beijing + 25 report: (1) women remain underrepresented in the labour force compared to their male counterparts; (2) youth unemployment is high for both men and women, but strongly higher for young women; (3) strong education rates for women in the tertiary sector do not seem to translate into strong labour force participation rates; (4) a larger share of women wage earners earn in the lower wage classes; (5) the workforce is structured by sex stereotyping and gendered labour segregation; (6) men are disproportionately concentrated in the agriculture sector; and (7) data on land ownership points to strong disadvantages for women. Based on research by the Grenada National Training Agency, the report identifies the following as barriers to women’s employment: stereotypes regarding gender roles which impact on women’s, men’s and employers’ perceptions of suitable jobs and tasks for women versus those for men; discrimination related to women’s reproductive and family and caregiving responsibilities; employers’ reluctance to make adequate provisions for male and female employees (for example toilet facilities); and the lack of public transportation throughout the country during the night. TheCommittee asks the Government to provide information on:

(i)any measures adopted, activities undertaken and results achieved in the realization of gender equality in employment and occupation in the framework of the Gender Equality Policy and Action Plan; and
(ii)more specifically, the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their educational, vocational and occupational opportunities.

Article 5. Special measures. In the absence of new information in this regard, the Committee reiterates its previous comments, which read as follows:

Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection (1) does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection (1)”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Monitoring and enforcement. The Committee asks the Government to provide information on:

(i)the number and results of inspections carried out by the labour inspectors in relation to discrimination, pursuant to section 26 of the Employment Act;
(ii)the number and nature of cases of discrimination brought before the courts, the penalties applied and remedies granted; and
(iii)any measures taken to raise public awareness of the provisions of the Convention, the procedures and remedies available, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination.

Statistics. The Committee notes from the UN Women report on the “Status of Women and Men Report: Productive Employment and Decent Work for All” (2019) that the employment rate of men and women was 57 per cent and 44 per cent respectively, in 2017. The Committee asks the Government to provide up-to-date statistical information, disaggregated by sex, on the rates of participation of men and women in education, vocational training and the labour market, in both the private and public sectors and by occupational category, if possible.

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

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

Legislation. Scope of application. In its previous comments, the Committee had asked the Government to provide information on steps taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers, who are excluded from the protection of the Employment Act (Act No. 14 of 1999) (section 4 and not section 26.4 as stated in the previous comments of the Committee) and of Labour Relations Act No. 15 of 1999 (section 3), are protected against discrimination in law and in practice. The Committee notes that the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee notes that the Government has not indicated how the police force, armed forces, prison guards or officers are protected against discrimination in employment and occupation on the grounds covered by the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks the Government to examine the possibility of reviewing the Police and the Prison Acts to insert provisions guaranteeing that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. Pending the adoption of such amendments, the Committee asks the Government to identify any steps taken or envisaged to ensure that these categories of workers benefit effectively from the protection of the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it had previously noted that a draft Sexual Harassment Bill was being prepared and had asked the Government to provide information on the progress of the draft Bill. In its report, the Government indicates that the draft Bill has not yet been tabled in Parliament. In this regard, the Committee notes that the Government has submitted a copy of the 2008 Concept Paper on sexual harassment in Grenada prepared by the Grenada National Organization of Women and social partners which prompted the development of the draft Sexual Harassment Bill. It notes the information that, in the meantime, a draft revised Employment Bill has been formulated which is addressing the issue of sexual harassment in employment and occupation. The Committee notes, however, that the definition enshrined in the draft (section 47.10) only tackles quid pro quo sexual harassment but omits hostile environment sexual harassment. It also notes that, according to the Government, law enforcement officials have received training on violence against women and have since been very responsive to such cases. The Committee hopes that the draft revised Employment Bill will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. It asks the Government to provide information on progress made in this regard, as well as regarding the adoption of the draft Sexual Harassment Bill. Pending the enactment of these Bills, the Committee asks the Government to indicate any steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness among employers, workers and their organizations about the issue and to report on cases dealing with sexual harassment in the workplace identified by law enforcement officials.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that the Ministry of Social Development regularly collaborates with relevant stakeholders, including social partners, in order to promote the principles contained in the Convention. It, however, notes that the report is silent on the existence of complaints and wishes therefore to reiterate that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, but instead could indicate a lack of awareness or understanding of the principles of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Article 3(e). Vocational training and employment services. The Committee notes the statistics provided by the Government on the number of persons having benefited from training at the National Training Agency (NTA) between 2013–16, which show that over these four years, most of the trainees were women (2013: 323 against 97 men; 2014: 105 against 29 men; 2015: 226 against 98 men; and 2014: 259 against 44 men). The Committee asks the Government to explain why women are the main NTA training beneficiaries and to indicate if there are other training institutions in the country. It asks the Government to provide more details on the 12 training areas offered by the NTA and on the steps taken or envisaged to ensure that both men and women are encouraged to enrol in training courses for jobs traditionally held by the other sex. The Committee asks the Government to provide information on the number of persons securing employment after completing technical and vocational training and on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection 1 does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection 1”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Statistics. The Committee notes the 2014 National Force Survey Results (2014 NFS), provided by the Government. The 2014 NFS identifies employment by “sex and industry” and by “sex and occupation”, as well as by reference to “Highest level of Education” (tables 5, 6 and 7). Regarding employment by reference to levels of education, the Committee notes that the rate of employment of women increases as the education level rises: 42.3 per cent of men with a primary education were employed against 28.3 per cent of women; 7.7 per cent of men with a post-secondary education were employed against 11.4 per cent of women; 13.8 per cent of men with a tertiary non-university education were employed against 18.0 per cent for women; and 5.6 per cent of men with a university level education were employed against 11.7 per cent of women. The Committee observes that a higher percentage of men are employed in the following industries: agriculture, forestry and fishing (14.3 per cent male to 5.8 per cent female); and construction (14.4 per cent male to 0.1 per cent female). However, women are more highly represented in the following industries: accommodation and food service activities (9.7 per cent female and 5.0 per cent male); financial and insurance activities (3.8 per cent female and 1 per cent male); public administration and defence and compulsory social security (11.5 per cent female and 8.4 per cent male); education (15.7 per cent female and 5.8 per cent male); human health and social work activities (10.7 per cent female and 2.3 per cent male). Furthermore, the representation of women is also higher in the following occupations: professionals (13.89 per cent female to 5.64 per cent male); clerical support workers (10.86 per cent female to 1.79 per cent male); service and sale workers (38.95 per cent female to 18.68 per cent male). The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the unequal rates of participation of men and women in education and in the labour market. The Government is also asked to provide information on the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their education and vocational opportunities.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. Scope of application. In its previous comments, the Committee had asked the Government to provide information on steps taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers, who are excluded from the protection of the Employment Act (Act No. 14 of 1999) (section 4 and not section 26.4 as stated in the previous comments of the Committee) and of Labour Relations Act No. 15 of 1999 (section 3), are protected against discrimination in law and in practice. The Committee notes that the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee notes that the Government has not indicated how the police force, armed forces, prison guards or officers are protected against discrimination in employment and occupation on the grounds covered by the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks the Government to examine the possibility of reviewing the Police and the Prison Acts to insert provisions guaranteeing that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. Pending the adoption of such amendments, the Committee asks the Government to identify any steps taken or envisaged to ensure that these categories of workers benefit effectively from the protection of the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it had previously noted that a draft Sexual Harassment Bill was being prepared and had asked the Government to provide information on the progress of the draft Bill. In its report, the Government indicates that the draft Bill has not yet been tabled in Parliament. In this regard, the Committee notes that the Government has submitted a copy of the 2008 Concept Paper on sexual harassment in Grenada prepared by the Grenada National Organization of Women and social partners which prompted the development of the draft Sexual Harassment Bill. It notes the information that, in the meantime, a draft revised Employment Bill has been formulated which is addressing the issue of sexual harassment in employment and occupation. The Committee notes, however, that the definition enshrined in the draft (section 47.10) only tackles quid pro quo sexual harassment but omits hostile environment sexual harassment. It also notes that, according to the Government, law enforcement officials have received training on violence against women and have since been very responsive to such cases. The Committee hopes that the draft revised Employment Bill will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. It asks the Government to provide information on progress made in this regard, as well as regarding the adoption of the draft Sexual Harassment Bill. Pending the enactment of these Bills, the Committee asks the Government to indicate any steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness among employers, workers and their organizations about the issue and to report on cases dealing with sexual harassment in the workplace identified by law enforcement officials.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that the Ministry of Social Development regularly collaborates with relevant stakeholders, including social partners, in order to promote the principles contained in the Convention. It, however, notes that the report is silent on the existence of complaints and wishes therefore to reiterate that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, but instead could indicate a lack of awareness or understanding of the principles of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Article 3(e). Vocational training and employment services. The Committee notes the statistics provided by the Government on the number of persons having benefited from training at the National Training Agency (NTA) between 2013–16, which show that over these four years, most of the trainees were women (2013: 323 against 97 men; 2014: 105 against 29 men; 2015: 226 against 98 men; and 2014: 259 against 44 men). The Committee asks the Government to explain why women are the main NTA training beneficiaries and to indicate if there are other training institutions in the country. It asks the Government to provide more details on the 12 training areas offered by the NTA and on the steps taken or envisaged to ensure that both men and women are encouraged to enrol in training courses for jobs traditionally held by the other sex. The Committee asks the Government to provide information on the number of persons securing employment after completing technical and vocational training and on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection 1 does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection 1”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Statistics. The Committee notes the 2014 National Force Survey Results (2014 NFS), provided by the Government. The 2014 NFS identifies employment by “sex and industry” and by “sex and occupation”, as well as by reference to “Highest level of Education” (tables 5, 6 and 7). Regarding employment by reference to levels of education, the Committee notes that the rate of employment of women increases as the education level rises: 42.3 per cent of men with a primary education were employed against 28.3 per cent of women; 7.7 per cent of men with a post-secondary education were employed against 11.4 per cent of women; 13.8 per cent of men with a tertiary non-university education were employed against 18.0 per cent for women; and 5.6 per cent of men with a university level education were employed against 11.7 per cent of women. The Committee observes that a higher percentage of men are employed in the following industries: agriculture, forestry and fishing (14.3 per cent male to 5.8 per cent female); and construction (14.4 per cent male to 0.1 per cent female). However, women are more highly represented in the following industries: accommodation and food service activities (9.7 per cent female and 5.0 per cent male); financial and insurance activities (3.8 per cent female and 1 per cent male); public administration and defence and compulsory social security (11.5 per cent female and 8.4 per cent male); education (15.7 per cent female and 5.8 per cent male); human health and social work activities (10.7 per cent female and 2.3 per cent male). Furthermore, the representation of women is also higher in the following occupations: professionals (13.89 per cent female to 5.64 per cent male); clerical support workers (10.86 per cent female to 1.79 per cent male); service and sale workers (38.95 per cent female to 18.68 per cent male). The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the unequal rates of participation of men and women in education and in the labour market. The Government is also asked to provide information on the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their education and vocational opportunities.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. Scope of application. In its previous comments, the Committee had asked the Government to provide information on steps taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers, who are excluded from the protection of the Employment Act (Act No. 14 of 1999) (section 4 and not section 26.4 as stated in the previous comments of the Committee) and of Labour Relations Act No. 15 of 1999 (section 3), are protected against discrimination in law and in practice. The Committee notes that the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee notes that the Government has not indicated how the police force, armed forces, prison guards or officers are protected against discrimination in employment and occupation on the grounds covered by the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks the Government to examine the possibility of reviewing the Police and the Prison Acts to insert provisions guaranteeing that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. Pending the adoption of such amendments, the Committee asks the Government to identify any steps taken or envisaged to ensure that these categories of workers benefit effectively from the protection of the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it had previously noted that a draft Sexual Harassment Bill was being prepared and had asked the Government to provide information on the progress of the draft Bill. In its report, the Government indicates that the draft Bill has not yet been tabled in Parliament. In this regard, the Committee notes that the Government has submitted a copy of the 2008 Concept Paper on sexual harassment in Grenada prepared by the Grenada National Organization of Women and social partners which prompted the development of the draft Sexual Harassment Bill. It notes the information that, in the meantime, a draft revised Employment Bill has been formulated which is addressing the issue of sexual harassment in employment and occupation. The Committee notes, however, that the definition enshrined in the draft (section 47.10) only tackles quid pro quo sexual harassment but omits hostile environment sexual harassment. It also notes that, according to the Government, law enforcement officials have received training on violence against women and have since been very responsive to such cases. The Committee hopes that the draft revised Employment Bill will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. It asks the Government to provide information on progress made in this regard, as well as regarding the adoption of the draft Sexual Harassment Bill. Pending the enactment of these Bills, the Committee asks the Government to indicate any steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness among employers, workers and their organizations about the issue and to report on cases dealing with sexual harassment in the workplace identified by law enforcement officials.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that the Ministry of Social Development regularly collaborates with relevant stakeholders, including social partners, in order to promote the principles contained in the Convention. It, however, notes that the report is silent on the existence of complaints and wishes therefore to reiterate that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, but instead could indicate a lack of awareness or understanding of the principles of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Article 3(e). Vocational training and employment services. The Committee notes the statistics provided by the Government on the number of persons having benefited from training at the National Training Agency (NTA) between 2013–16, which show that over these four years, most of the trainees were women (2013: 323 against 97 men; 2014: 105 against 29 men; 2015: 226 against 98 men; and 2014: 259 against 44 men). The Committee asks the Government to explain why women are the main NTA training beneficiaries and to indicate if there are other training institutions in the country. It asks the Government to provide more details on the 12 training areas offered by the NTA and on the steps taken or envisaged to ensure that both men and women are encouraged to enrol in training courses for jobs traditionally held by the other sex. The Committee asks the Government to provide information on the number of persons securing employment after completing technical and vocational training and on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection 1 does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection 1”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Statistics. The Committee notes the 2014 National Force Survey Results (2014 NFS), provided by the Government. The 2014 NFS identifies employment by “sex and industry” and by “sex and occupation”, as well as by reference to “Highest level of Education” (tables 5, 6 and 7). Regarding employment by reference to levels of education, the Committee notes that the rate of employment of women increases as the education level rises: 42.3 per cent of men with a primary education were employed against 28.3 per cent of women; 7.7 per cent of men with a post-secondary education were employed against 11.4 per cent of women; 13.8 per cent of men with a tertiary non-university education were employed against 18.0 per cent for women; and 5.6 per cent of men with a university level education were employed against 11.7 per cent of women. The Committee observes that a higher percentage of men are employed in the following industries: agriculture, forestry and fishing (14.3 per cent male to 5.8 per cent female); and construction (14.4 per cent male to 0.1 per cent female). However, women are more highly represented in the following industries: accommodation and food service activities (9.7 per cent female and 5.0 per cent male); financial and insurance activities (3.8 per cent female and 1 per cent male); public administration and defence and compulsory social security (11.5 per cent female and 8.4 per cent male); education (15.7 per cent female and 5.8 per cent male); human health and social work activities (10.7 per cent female and 2.3 per cent male). Furthermore, the representation of women is also higher in the following occupations: professionals (13.89 per cent female to 5.64 per cent male); clerical support workers (10.86 per cent female to 1.79 per cent male); service and sale workers (38.95 per cent female to 18.68 per cent male). The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the unequal rates of participation of men and women in education and in the labour market. The Government is also asked to provide information on the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their education and vocational opportunities.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Legislation. Scope of application. In its previous comments, the Committee had asked the Government to provide information on steps taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers, who are excluded from the protection of the Employment Act (Act No. 14 of 1999) (section 4 and not section 26.4 as stated in the previous comments of the Committee) and of Labour Relations Act No. 15 of 1999 (section 3), are protected against discrimination in law and in practice. The Committee notes that the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee notes that the Government has not indicated how the police force, armed forces, prison guards or officers are protected against discrimination in employment and occupation on the grounds covered by the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks the Government to examine the possibility of reviewing the Police and the Prison Acts to insert provisions guaranteeing that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. Pending the adoption of such amendments, the Committee asks the Government to identify any steps taken or envisaged to ensure that these categories of workers benefit effectively from the protection of the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that it had previously noted that a draft Sexual Harassment Bill was being prepared and had asked the Government to provide information on the progress of the draft Bill. In its report, the Government indicates that the draft Bill has not yet been tabled in Parliament. In this regard, the Committee notes that the Government has submitted a copy of the 2008 Concept Paper on sexual harassment in Grenada prepared by the Grenada National Organization of Women and social partners which prompted the development of the draft Sexual Harassment Bill. It notes the information that, in the meantime, a draft revised Employment Bill has been formulated which is addressing the issue of sexual harassment in employment and occupation. The Committee notes, however, that the definition enshrined in the draft (section 47.10) only tackles quid pro quo sexual harassment but omits hostile environment sexual harassment. It also notes that, according to the Government, law enforcement officials have received training on violence against women and have since been very responsive to such cases. The Committee hopes that the draft revised Employment Bill will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. It asks the Government to provide information on progress made in this regard, as well as regarding the adoption of the draft Sexual Harassment Bill. Pending the enactment of these Bills, the Committee asks the Government to indicate any steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness among employers, workers and their organizations about the issue and to report on cases dealing with sexual harassment in the workplace identified by law enforcement officials.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that the Ministry of Social Development regularly collaborates with relevant stakeholders, including social partners, in order to promote the principles contained in the Convention. It, however, notes that the report is silent on the existence of complaints and wishes therefore to reiterate that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, but instead could indicate a lack of awareness or understanding of the principles of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Article 3(e). Vocational training and employment services. The Committee notes the statistics provided by the Government on the number of persons having benefited from training at the National Training Agency (NTA) between 2013–16, which show that over these four years, most of the trainees were women (2013: 323 against 97 men; 2014: 105 against 29 men; 2015: 226 against 98 men; and 2014: 259 against 44 men). The Committee asks the Government to explain why women are the main NTA training beneficiaries and to indicate if there are other training institutions in the country. It asks the Government to provide more details on the 12 training areas offered by the NTA and on the steps taken or envisaged to ensure that both men and women are encouraged to enrol in training courses for jobs traditionally held by the other sex. The Committee asks the Government to provide information on the number of persons securing employment after completing technical and vocational training and on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection 1 does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection 1”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Statistics. The Committee notes the 2014 National Force Survey Results (2014 NFS), provided by the Government. The 2014 NFS identifies employment by “sex and industry” and by “sex and occupation”, as well as by reference to “Highest level of Education” (tables 5, 6 and 7). Regarding employment by reference to levels of education, the Committee notes that the rate of employment of women increases as the education level rises: 42.3 per cent of men with a primary education were employed against 28.3 per cent of women; 7.7 per cent of men with a post-secondary education were employed against 11.4 per cent of women; 13.8 per cent of men with a tertiary non-university education were employed against 18.0 per cent for women; and 5.6 per cent of men with a university level education were employed against 11.7 per cent of women. The Committee observes that a higher percentage of men are employed in the following industries: agriculture, forestry and fishing (14.3 per cent male to 5.8 per cent female); and construction (14.4 per cent male to 0.1 per cent female). However, women are more highly represented in the following industries: accommodation and food service activities (9.7 per cent female and 5.0 per cent male); financial and insurance activities (3.8 per cent female and 1 per cent male); public administration and defence and compulsory social security (11.5 per cent female and 8.4 per cent male); education (15.7 per cent female and 5.8 per cent male); human health and social work activities (10.7 per cent female and 2.3 per cent male). Furthermore, the representation of women is also higher in the following occupations: professionals (13.89 per cent female to 5.64 per cent male); clerical support workers (10.86 per cent female to 1.79 per cent male); service and sale workers (38.95 per cent female to 18.68 per cent male). The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the unequal rates of participation of men and women in education and in the labour market. The Government is also asked to provide information on the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their education and vocational opportunities.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Scope of application. The Committee notes the Government’s indication that the categories of workers excluded from the scope of application of section 26(4) of the Employment Act (members of the police force, armed forces, prison guards or officers) are covered by the Police Act (No. 38 of 1966) and the Prisons Act (No. 11 of 1980). It notes, however, that according to the Government, these Acts do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. The Committee recalls the Government’s obligation to protect all categories of workers against discrimination in employment and occupation. The Committee therefore asks the Government to provide information on measures taken or envisaged to ensure that members of the police force, armed forces, prison guards or officers are protected against discrimination in law and in practice. The Committee asks the Government to provide copies of the Police Act (No. 38 of 1966) and the Prisons Act (No. 11 of 1980), as well as of any regulations concerning terms and conditions of employment of the abovementioned categories of workers.

Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s statement that, while no specific prohibition of sexual harassment is included in the legislation, sexual harassment offences are covered by the Criminal Code (Act No. 76 of 1958). It also notes the Government’s indication that a draft Sexual Harassment Act has been submitted to the Ministry of Legal Affairs. The Committee notes that in its concluding observations of 21 February 2012, the UN Committee on the Elimination of Discrimination against Women (CEDAW), expressed concerns regarding the high prevalence of sexual harassment in the workplace and in society at large, and the absence of legislation in this regard. The CEDAW also expressed concern with regard to the lack of awareness and training on violence against women amongst law enforcement officials and health professionals (CEDAW/C/GRD/CO/1-5, 21 February 2012, paragraph 23). Noting that the draft Sexual Harassment Act is still being prepared, and drawing the Government’s attention once again to its 2002 general observation, the Committee asks the Government to ensure that the new Act will clearly define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. Please provide information on the progress made in this regard. Pending the adoption of specific legislation, the Committee also asks the Government to indicate any measures taken to prevent and prohibit sexual harassment in employment and occupation, as well as to raise awareness of employers, workers and their organizations about the issue. The Committee also reiterates its request for a copy of the report of the Grenada National Organization for Women to which the Government referred in its 2009 report, and any updated reports.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that, although no cases of discrimination in employment have been reported, the Ministry of Labour regularly collaborates with relevant stakeholders in order to promote the principle of the Convention. The Committee recalls that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied, and could indicate a lack of awareness or understanding of the principle of the Convention. It also draws the Government’s attention to the fact that under Article 2 of the Convention, the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination with respect to all the grounds covered by the Convention. The Committee therefore asks the Government to provide information on the specific measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin. It also requests the Government to indicate the specific measures taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation including among labour inspectors, judges, and workers’ and employers’ organizations, and also among the public at large.

Article 3(e). Vocational training and employment services. The Committee notes the Government’s indication that technical and vocational training programmes are designed, implemented and monitored by the National Training Agency (NTA). The Committee asks the Government to provide statistical data disaggregated by sex on the number of persons benefiting from the training programmes established by the National Training Agency, as well as on the number of persons securing employment after completing technical and vocational training. Please also provide information on any concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions.

Article 5. Special measures. The Committee notes the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, which refers to provisions, programmes or activities that have, as their objectives, the amelioration of conditions of disadvantaged individuals, including those disadvantaged on the grounds enumerated in the Convention. The Committee asks the Government to provide information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally suffered discrimination.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition
Scope of application. The Committee previously noted that the Employment Act excludes from its scope of application, and thus from the non-discrimination provisions in section 26, members of the police force, armed forces, prison guards or officers (section 4). The Committee had, therefore, requested the Government to provide information on how the application of the Convention is ensured for these categories of workers. The Committee notes the Government’s reply that there is no discrimination in the public sector, and by extension in the police force, armed forces, prison guards or officers. Noting that categories of workers are excluded from the protection of the Employment Act, the Committee requests specific information on any laws or regulations in force providing protection to these workers against discrimination, and on how in practice non-discrimination of these workers is ensured.
Article 1 of the Convention. Sexual harassment. In the absence of a response to its previous request, the Committee again asks the Government to provide information on the measures taken to prevent and prohibit sexual harassment at the workplace, in accordance with its 2002 general observation on this issue. Noting that the report of the Grenada National Organization for Women, to which the Government refers in its report, was not attached, the Committee requests the Government to provide a copy of the report.
Articles 2 and 3. National equality policy. In the absence of a response to its previous request, the Committee again asks the Government to provide information on any measures taken to collaborate with social partners and other relevant bodies, and on any educational programmes or awareness-raising activities undertaken with a view to promoting the acceptance and observance of the principle of the Convention. It also reiterates its request for: (i) information on the relevant activities of the Labour Commissioner to monitor the application of section 26 of the Employment Act; and (ii) statistical data on the participation of men and women in vocational training and in employment.
Article 5. Special measures. The Committee notes the Government’s information that it is taking steps to take special measures under section 26(2) of the Employment Act. The Committee requests the Government to continue to provide information on measures taken pursuant to section 26(2) of the Employment Act.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition
Scope of application. The Committee previously noted that the Employment Act excludes from its scope of application, and thus from the non-discrimination provisions in section 26, members of the police force, armed forces, prison guards or officers (section 4). The Committee had, therefore, requested the Government to provide information on how the application of the Convention is ensured for these categories of workers. The Committee notes the Government’s reply that there is no discrimination in the public sector, and by extension in the police force, armed forces, prison guards or officers. Noting that categories of workers are excluded from the protection of the Employment Act, the Committee requests specific information on any laws or regulations in force providing protection to these workers against discrimination, and on how in practice non-discrimination of these workers is ensured.
Article 1 of the Convention. Sexual harassment. In the absence of a response to its previous request, the Committee again asks the Government to provide information on the measures taken to prevent and prohibit sexual harassment at the workplace, in accordance with its 2002 general observation on this issue. Noting that the report of the Grenada National Organization for Women, to which the Government refers in its report, was not attached, the Committee requests the Government to provide a copy of the report.
Articles 2 and 3. National equality policy. In the absence of a response to its previous request, the Committee again asks the Government to provide information on any measures taken to collaborate with social partners and other relevant bodies, and on any educational programmes or awareness-raising activities undertaken with a view to promoting the acceptance and observance of the principle of the Convention. It also reiterates its request for: (i) information on the relevant activities of the Labour Commissioner to monitor the application of section 26 of the Employment Act; and (ii) statistical data on the participation of men and women in vocational training and in employment.
Article 5. Special measures. The Committee notes the Government’s information that it is taking steps to take special measures under section 26(2) of the Employment Act. The Committee requests the Government to continue to provide information on measures taken pursuant to section 26(2) of the Employment Act.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Scope of application. The Committee previously noted that the Employment Act excludes from its scope of application, and thus from the non-discrimination provisions in section 26, members of the police force, armed forces, prison guards or officers (section 4). The Committee had, therefore, requested the Government to provide information on how the application of the Convention is ensured for these categories of workers. The Committee notes the Government’s reply that there is no discrimination in the public sector, and by extension in the police force, armed forces, prison guards or officers. Noting that categories of workers are excluded from the protection of the Employment Act, the Committee requests specific information on any laws or regulations in force providing protection to these workers against discrimination, and on how in practice non-discrimination of these workers is ensured.

Article 1 of the Convention. Sexual harassment. In the absence of a response to its previous request, the Committee again asks the Government to provide information on the measures taken to prevent and prohibit sexual harassment at the workplace, in accordance with its 2002 general observation on this issue. Noting that the report of the Grenada National Organization for Women, to which the Government refers in its report, was not attached, the Committee requests the Government to provide a copy of the report.

Articles 2 and 3. National equality policy. In the absence of a response to its previous request, the Committee again asks the Government to provide information on any measures taken to collaborate with social partners and other relevant bodies, and on any educational programmes or awareness-raising activities undertaken with a view to promoting the acceptance and observance of the principle of the Convention. It also reiterates its request for: (i) information on the relevant activities of the Labour Commissioner to monitor the application of section 26 of the Employment Act; and (ii) statistical data on the participation of men and women in vocational training and in employment.

Article 5. Special measures. The Committee notes the Government’s information that it is taking steps to take special measures under section 26(2) of the Employment Act. The Committee requests the Government to continue to provide information on measures taken pursuant to section 26(2) of the Employment Act.

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

1. Application of the Convention to the civil service. The Committee notes the Government’s statement that section 26(1) of the Employment Act applies to all public servants except members of the police force, armed forces, prison guards or officers. Recalling that the Convention applies to all workers, the Committee requests the Government to provide further information on how the application of the Convention is ensured for these categories of workers.

2. Article 1 of the Convention. Sexual harassment. The Committee recalls that sexual harassment is a form of sex discrimination; therefore, in accordance with the Convention’s requirements to prohibit sex discrimination and adopt a policy to promote equality of opportunity and treatment, specific measures should be taken to address sexual harassment. The Committee also recalls that sexual harassment includes the following elements: (1) quid pro quo: any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Committee requests the Government to provide information on the measures taken to prevent and prohibit sexual harassment at the workplace. For further guidance, the Government is referred to the Committee’s 2002 general observation on this matter.

3. Article 1(1)(b). The Committee notes the Government’s statement that, in addition to the seven grounds of discrimination listed in Article1(1)(a) of the Convention, age, disability and family responsibility were included in the Employment Act on the recommendation of the tripartite Labour Advisory Board. The Committee requests the Government to continue to provide information on the measures taken to address discrimination based on the grounds of age, disability and family responsibility.

4. Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee notes that the Government has not yet provided information on any measures taken to collaborate with social partners and other relevant bodies, or regarding educational programmes or awareness-raising activities undertaken with a view to promoting the acceptance and observance of the principle of the Convention. It also notes the lack of information on the relevant activities of the Labour Commissioner to monitor the application of section 26 of the Employment Act and of statistical data on the participation of men and women in vocational training and employment. The Committee encourages the Government to develop such measures, programmes and activities, including data collection, and to provide information on the steps taken in this regard in its next report.

5. Article 4. Security of the State. Noting the absence of a reply on the application of this Article in the Government’s report, the Committee once again requests the Government to indicate whether any measures, in law or in practice, exist that may be taken against persons suspected of activities prejudicial to the security of the State and which affect the employment of such persons.

6. Article 5. Special measures. The Committee notes the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, which refers to provisions, programmes or activities that have, as their objectives, the amelioration of conditions of disadvantaged individuals, including those disadvantaged on the grounds enumerated in the Convention. The Committee encourages the Government to take such special measures as are needed in particular to promote access to employment and training for groups that have traditionally suffered discrimination, and to keep the Committee informed in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Application in law. The Committee notes the provisions for the prohibition of discrimination contained in article 13 of the Constitution and section 26 of the Employment Act. It requests the Government to indicate whether the Employment Act prohibits both direct and indirect discrimination. Noting that the Employment Act, in addition to the seven grounds listed in Article 1(1)(a) of the Convention, also prohibits discrimination based on age, disability and family responsibility, the Committee requests clarification as to whether the Government considers itself bound by the Convention in respect of these additional grounds, pursuant to Article 1(1)(b) of the Convention.

2. Application of the Convention to the civil service. The Committee notes that, pursuant to article 84 of the Constitution, the Public Service Commission is mandated, among other things, to appoint persons to hold or act in offices of the public service, to remove them from office, and to exercise disciplinary control over them. The Committee requests the Government for information regarding the relationship between the mandate of the Public Service Commission and the requirements under section 26 of the Employment Act. The Committee would also appreciate receiving information on any laws and regulations in force governing the appointment, training, promotion, remuneration and other conditions of work of public servants.

3. Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality in employment and occupation. While noting the legal framework that has been put in place to prohibit discrimination in employment, the Committee requests the Government to supply further information on how it pursues the promotion of equality of opportunity and treatment in employment and occupation in practice. In this regard, the Government is asked to provide the following:

(a) information on any measures taken to collaborate with social partners and other relevant bodies with a view to promoting the acceptance and observance of the principle of the Convention;

(b) information regarding any educational programmes or awareness-raising activities carried out to secure the acceptance and observance of the principle of equality in employment and occupation;

(c) further details on the relevant activities of the Labour Commissioner to monitor the application of section 26 of the Employment Act, including the number and outcome of discrimination-related matters brought to the attention of the labour inspectors, and any cases of discrimination brought before the courts or tribunals; and

(d) any available statistical data on the participation of men and women in vocational training and employment.

4. Article 4. In the absence of any information on the application of this Article in the Government’s report, the Committee requests the Government to indicate whether any measures, in law or in practice, exist that may be taken against persons suspected of activities prejudicial of the security of the State and which affect the employment of such persons.

5. Article 5. The Committee notes that section 26(2) of the Employment Act refers to provisions, programmes or activities that have, as their objectives, the amelioration of conditions of disadvantaged individuals, including those disadvantaged on the grounds enumerated in the Convention. The Committee requests the Government to indicate any measures that have been taken pursuant to this section.