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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 2 of the Convention. National Equality Policy. Gender equality in employment and occupation. The Committee welcomes the statistical information provided by the Government in its report which indicates a higher employment rate for men whether in the public (58.9 per cent) or private sector (63.9 per cent) compared to women (41.1 per cent and 36.1 per cent respectively). It also observes that women participate more in sectors such as services and sales (43.2 per cent) whereas men are found more in sectors such as skilled agricultural, forestry and fishery (35.4 per cent) or in craft and related trades (21.1 per cent). The Committee further notes the Government’s indication that, since 2015, the National Gender Policy (NGP) has been used as a guide for mainstreaming gender across all sectors. Other institutions like the Ghana Police Service, Immigration Service, and Environmental Protection Agency have used it as a guide to develop their sector-specific policies which are being implemented. The Government also adds that the NGP has been reviewed and it is yet to be submitted to Cabinet for consideration and approval. Moreover, the Department of Gender (within the Ministry of Gender, Children and Social Protection) advocates and sensitizes the public, on the need to reform outmoded sociocultural practices, beliefs and perceptions that promote gender discrimination, and militate against the rights and the development of women and men. The Government informs the Committee that, the Affirmative Action Bill has still not been passed and that some positions have been earmarked for women to bridge the inequality gap but does not specify which ones. The Government’s report does not provide information on the implementation of the Coordinated Programme of Economic and Social Development Policies (2017–24) which aims to introduce various measures to promote gender equality, such as a quota system of women in 30 percent of public appointments in order to progressively attain gender balance in all Government-appointed committees, boards and official bodies. In that regard, the Committee notes that the impact of the measures taken by Governments to fight discrimination often remains uncertain, in the absence of regular monitoring and periodic evaluation. Therefore, it wishes to stress that it is essential to follow up on the results and effectiveness of the plans and policies implemented, and that employers’ and workers’ organizations can play an important role in the formulation, promotion and evaluation of such plans and policies (see 2023 General Survey “Achieving Gender Equality at Work”, paragraphs 303 and 304). The Committee asks the Government to provide information on: (i) the results achieved so far with respect to gender equality following the implementation of the Coordinated Programme of Economic and Social Development Policies (2017–24); (ii) the progress made towards the adoption of the Affirmative Action Bill; and (iii) the positions allocated for women within the affirmative action policy, as well as the measures taken to improve women’s employment in sectors where their participation is low. The Committee asks the Government to continue to provide statistical information, if available, on the employment of men and women in the public and private sector, disaggregated by sex and sector of activity.

Article 3. Education and vocational training. The Committee notes that the 2008 Education Act is still under review. It however observes that the Government has put in place a series of initiatives to promote girls’ and women’s education/training and participation in the labour market, such as: free access to Technical and Vocational Education and Training (TVET); teacher training and nursing training allowances; Ghana School Feeding Programme which provided employment for 32,496 caterers and cooks, especially women, to generate income to enable them to take care of their families; and the organization of 44 sensitization programmes, reaching over 5,000 people in different communities across the country on Adolescent Reproductive Health Rights, Harmful Practices (HP), Child Marriage, adolescent pregnancy, and sexual and gender-based violence (SGBV). The Committee requests the Government: (i) to keep it informed of any progress regarding the review of the 2008 Education Act to ensure that it will prohibit discrimination in education on all the grounds explicitly listed in Article 1(1)(a) of the Convention; and (ii) to continue its efforts in addressing gender segregation in education, occupation and vocational training, and in promoting women’s access to a wider range of jobs, in particular higher-paid jobs and jobs offering career advancement. In this regard, the Committee requests the Government to continue to provide information on the number of men and women enrolled, assessed, and certified in TVET programmes, disaggregated by subject; and the employment rates of men and women in the various economic sectors and occupations.

Article 5. Special measures. Persons with disabilities. The Committee notes the Government’s indication that it has started developing an Employment Equity Policy for workers with disabilities which seeks to promote equal opportunity, inclusion, and fair treatment in employment through the elimination of discrimination. It further notes the statistical information provided by the Government on the distribution of workers with disabilities in the labour market. It notes that, the employment rate of women with disabilities in both urban and rural areas (29 per cent in both areas) is higher than that of men with disabilities (19 per cent and 22 per cent respectively). The Committee asks the Government to provide information on the progress made towards the adoption of the Employment Equity Policy; and to continue to provide statistical information on the situation of workers with disabilities in the labour market, if possible disaggregated by sex, sectors or occupations.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes the Government’s indication in its report that, with the support of the ILO, the Labour Legislation Review Technical Committee is continuing the process of revision and will endorse the Committee’s request that the new Labour Act includes as a minimum the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, in particular “social origin” and “political opinion”. The Committeeasks the Government to provide information of the progress achieved towards the amendments of the relevant sections of the Labour Act of 2003, in order to include “social origin” and “political opinion” as prohibited grounds to be in full conformity with the Article 1(1)(a) of the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Government indicates that, in the framework of the current review of the Labour Act of 2003, it will be considering amending section 175, which covers sexual harassment in a broad way, to ensure full conformity with the Convention, including by explicitly covering hostile environment sexual harassment. The Government also provides examples of awareness raising activities, such as a workshop held from 23 to 25 November 2022 for 45 labour inspectors on the topic of sexual harassment with the assistance of the non-governmental organization “Action Aid Ghana”, as well as workshops organized jointly with the social partners to sensitize stakeholders on the provisions of the Violence and Harassment Convention, 2019 (No. 190). The Government further refers to the existence of various complaint mechanisms and means of redress for victims of sexual harassment. For example, pursuant to section 17 of the Domestic Workers’ Regulations (DWR) a domestic worker may report a case of sexual harassment or domestic violence to the District Labour Officer, the Commission on Human Rights and Administrative Justice (CHRAJ) or the police. Pursuant to section 18 of the DWR, if a domestic worker terminates the employment due to sexual harassment or domestic violence and lodges a complaint with the District Labour Officer, the latter can direct the employer to pay to the domestic worker two months’ salary, any outstanding salary, the cost of accommodation for a month (in the case of live-in domestic workers) and other appropriate benefits. The domestic worker may also seek any other relief in court. Additionally, the Labour Department, the National Labour Commission (NLC), and the court of competent jurisdictions can handle cases of sexual harassment. While taking note of this information, the Committee notes that the Government’s report is silent on complaints in respect to sexual harassment that have been examined by the above-mentioned mechanisms. The Committee requests the Government to provide information on: (i) the measures taken to amend section 175 of the Labour Act of 2003 so that it also covers hostile environment sexual harassment, and (ii) the number of complaints or cases of sexual harassment (including those lodged by domestic workers) dealt with by the District Labour Officer, the Commission on Human Rights and Administrative Justice (CHRAJ), the police, the Labour Department, the National Labour Commission (NLC),or the courts, as well as the sanctions imposed and remedies granted.

Article 2. National equality policy. Equality of opportunity and treatment irrespective of race, colour, religion or national extraction. The Committee notes the Government’s indication that no awareness raising activities have been undertaken on the issues of discrimination on the grounds of race, colour, religion, or national extraction since its last report. It also notes the Government’s request to benefit from the technical assistance of the ILO. The Committee stresses that Article 2 of the Convention requires Members to declare and pursue a national equality policy with a view to eliminate discrimination based on all the prohibited grounds listed in the Convention. In this regard, it wishes to point out that the Convention leaves considerable flexibility to each country regarding the most appropriate methods from the point of view of their nature and timing (2012 General Surveyon the Fundamental Conventions, paragraphs 734 and 849). The Committee asks the Government to take the necessary measures to declare and pursue, in consultation with workers’ and employers’ organizations, a comprehensive national equality policy directed at addressing discrimination in employment and occupation based on all the grounds covered by Article 1(1)(a) of the Convention as a minimum, by methods appropriate to national conditions and practice. The Committee encourages the Government to avail itself of the technical assistance of the ILO in this regard.

Enforcement. The Committee recalls that, for a number of years, the Government has indicated that the labour inspection form was going to be amended to include a specific reference to discrimination on all the grounds listed in the Convention (including sexual harassment) to better assess the prevalence of discrimination at work. It notes the Government’s indication that no new labour inspection form has been adopted and no training has been conducted for labour inspectors, court officials and other authorities on the identification of cases of discrimination in employment and occupation as the Government had undertaken to do. The Committee notes that the Government is asking to benefit from the technical assistance of the ILO in this regard. The Committee asks the Government: (i) to speed up the adoption of a more targeted labour inspection form that will include specific reference to discrimination on the grounds listed in the Convention (including sexual harassment); (ii)to raise the capacity of enforcement officials and magistrates to identify and address discrimination in employment and occupation: and (iii) to provide information on the number of cases of discrimination in employment and occupation brought to or identified by the authorities, and their outcome (including information on sanctions imposed and remedies granted). Finally, the Committee encourages the Government to avail itself of the technical assistance of the ILO in this regard.

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

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

Article 2 of the Convention. Gender equality in employment and occupation. In its previous comment, the Committee asked the Government to: (1) provide detailed information on the measures taken within the framework of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24) (including on implementation time frame and impact on gender equality in employment and occupation); (2) confirm whether the Affirmative Action (Gender Equality) Bill was adopted; and (3) provide statistical information on the situation of women and men in employment in the private and the public sectors. In its report, the Government indicates that the current labour force participation data show higher employment rates for men (79 per cent) than for women (72.4 per cent). The Committee however notes that the report of the Government does not include information on the impact of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24), or the status of the Affirmative Action (Gender Equality) Bill. Noting that the data provided by the Government do not detail the situation of women and men in employment (such as the distribution of men and women by sectors, earnings levels and hours of work, occupation or occupational group, and geographical area), the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (2012 General Survey on the fundamental Conventions, paragraph 891). The Committee asks again that the Government provides specific information on the implementation and impact of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24) in practice. The Committee also asks the Government to collect and communicate detailed statistics on the situation of men and women in employment (such as information on the distribution of men and women by sectors, earnings levels and hours of work, occupation or occupational group, and geographical area). Lastly, the Committee asks the Government to provide information on any legislative development aiming at achieving gender equality in employment and occupation, through the possible adoption of the Affirmative Action (Gender Equality) Bill or otherwise.

Article 3. Education and vocational training. Previously, the Committee asked the Government to provide information on: (1) the measures taken or envisaged, in the framework of the Education Strategic Plan and the Coordinated Programme of Economic and Social Development Policies (2017–24), to promote access to education and training for girls and women, including to technical institutes and tertiary education institutions, and on the results achieved; (2) whether grounds of discrimination covered by the grievance procedure provided for in section 28 of the Education Act of 2008 include all the grounds of discrimination listed under Article 1(1)(a) of the Convention; and (3) whether the ministerial regulations pursuant to section 29(o) of the same law had been adopted. The Government indicates that a series of measures have been implemented to improve access to education through the expansion of school infrastructures, the training of teachers, capitation grants and school feeding programmes. The average distance to schools has been reduced from 4.5 km to 2.1 kilometres and about 300,000 more children have had access to secondary education. The Committee also notes the information provided by the Government in its report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), according to which gender parity has been achieved at the kindergarten, primary and junior high school levels. However, it has not been achieved at senior high school level despite some improvements (Beijing +25 national report, page 26). With regard to section 28 of the Ghana Education Act, 2008, the Government indicates that the provision is to be read in consonance with section 17(2) and (3) of the 1992 Constitution which prohibit discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status (section 17(2)); and define discrimination as: “different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description” (section 17(3)). In this regard, the Committee refers to the observation it addresses to the Government. The Committee also notes that the Government does not report on the implementation of sections 28 and 29 of the Education Act of 2008 in practice. The Committee asks that the Government continues its efforts to promote girls’ and women’s access to education and to provide detailed information on the measures adopted in this regard and their impact in practice. The Committee also asks that the Government provides detailed information on the application of section 28 of the Education Act of 2008, such as information on the number of cases of discrimination brought to the attention of, or detected by, the authorities and their outcome. The Committee also asks, once again, that the Government clarifies whether the ministerial regulations provided for under section 29(o) of the same law have been adopted, and if so, to provide a copy of the regulations.

Article 5. Special measures. Persons with disabilities. Previously, the Committee asked the Government to provide information on: (1) the implementation of the Persons with Disability Act, 2006, and particularly on the obstacles encountered in practice in providing job training and employment opportunities for persons with disabilities; (2) the functioning and activities of the National Council on Persons with Disability (NCPD) in the field of employment and occupation; and (3) updated statistical information on the employment rate of persons with disabilities, disaggregated by sex, sector and age. On the implementation of the Persons with Disability Act, 2006, the Government indicates that it has rolled out a number of programmes and projects to train persons with disabilities and provide them with entrepreneurial and employment skills. These programmes include the Youth Employment Agency’s Ekumfi Chalk Making Programme; the Presidential Empowerment for Male Entrepreneurs with Disabilities (PEMED) and for Women Entrepreneurs with Disabilities (PEWED); and the increase from 2 to 3 per cent of the budget of the District Assemblies Common Fund allocated to persons with disabilities. One of the obstacles identified is the absence of a Policy Framework on Equitable Employment to coordinate the efforts in providing job training and employment opportunities for persons with disabilities in the private and public sectors. With regard to the activities of the NCPD, the Government indicates that the Council: (1) created an Inclusion Unit with Employment Schedule Officers for the creation of employment and occupation for persons with disabilities; (2) refers complaints from persons with disabilities on employment matters to the relevant state agencies; (3) offered technical support to institutions implementing inclusive employment policies; (4) is working with stakeholders from the extractive industry to avail job opportunities for workers with disabilities; (5) is working on adopting affirmative action policies within universities; (6) is developing an Enterprising Policy on Disability; and (7) is currently resourcing the Disaggregated Data Unit to build a reliable database on the employment of workers with disabilities. The Committee asks the Government to continue its efforts to promote the access of workers with disabilities to the labour market. It asks that the Government provides information on the impact of the measures in place in this regard (including information on the number of persons with disabilities that have accessed employment as a result of these measures). The Committee asks that the Government provides information on whether a Policy Framework on Equitable Employment has been adopted to coordinate the efforts towards the employment of workers with disabilities. Lastly, the Committee asks the Government to provide statistical information on the situation of workers with disabilities in the labour market (such as statistical data information disaggregated by sex on the trends in access to employment, by sectors and occupations, and information on the wage levels).

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

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

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

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

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

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

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Gender equality in employment and occupation. The Committee notes that although the Government indicates in its report that the Ministry of Women and Children’s Affairs is currently discussing the introduction of a paternity leave entitlement, it does not reply to its previous request for information on the measures taken within the framework of the affirmative action policy. Additionally, the Committee notes, from the 2014 concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that an Affirmative Action (Gender Equality) Bill is being discussed. This is said to seek to improve women’s participation in decision-making processes and, among other things, it establishes a quota of 40 per cent for the representation of women in Parliament and public administration (CEDAW/C/GHA/CO/6-7, paragraph 20). The Committee further notes from the 2016 Annual Report of the United Nations Development Assistance Framework (UNDAF) on Ghana, that in 2016 there was an increase of female members in Parliament, from 11 per cent to 13.5 per cent. The Committee also takes note of the Coordinated Programme of Economic and Social Development Policies (2017–24) adopted by the Government that contains five main pillars and includes, in its “social development” pillar the promotion of gender equality and the empowerment of women and girls. It also notes the adoption of a National Gender Policy (2015), focusing on five policy commitments, namely: (i) women’s empowerment and livelihood, (ii) women’s rights and access to justice, (iii) women’s leadership and accountable governance, (iv) economic opportunities for women, and (v) gender roles and relations. The Committee also notes from the National Gender Policy that, in 2013, the Ministry of Women and Children’s Affairs was renamed the Ministry of Gender, Children and Social Protection (MoGCSP). Further, the Committee notes the Ghana Living Standards Survey Round 6, published in 2014, which provides statistical data on the number of men and women employed in the different sectors of the private and public sectors. Recalling that the adoption of policies are only efficient if they are followed by the implementation of concrete measures, the Committee asks the Government to provide detailed information on the measures taken within the framework of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24), including information on the time frame for their implementation and on their impact in improving gender equality in employment and occupation. Please also indicate whether the Affirmative Action (Gender Equality) Bill was passed and provide a copy of it once adopted. Finally, the Committee asks the Government to provide updated statistical information on the situation of women and men in employment in the private and the public sectors.

Article 3. Education and vocational training. The Committee recalls that the Education Act (2008) no longer includes provisions prohibiting discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention. It recalls that section 28 of the Education Act (2008) provides for a grievance procedure before the National Accreditation Board or the district education oversight committee, when a parent has cause to suspect discrimination; and that section 29(o) of the Education Act provides that the Minister may make regulations in respect of “gender equity at all levels and programmes of education”. The Committee notes that the Government’s report provides no new information with regard to the question of education and vocational training. However, it notes that according to the Ghana Living Standards Survey Round 6, a higher proportion of females (24.3 per cent) as compared to males (14.6 per cent) have never been to school. The Committee further notes from the Coordinated Programme of Economic and Social Development Policies (2017–24) and the Education Strategic Plan 2010–20, that the Government intends to implement policies for education and training which will focus on improving inclusive and equitable access to, and participation in, education at all levels. Finally, according to the UNDAF’s Annual Country Report, gender parity in junior high schools has already increased in 2016 as a result of UN supported advocacy efforts which focused on making the education sector more responsive to the issues of teenage pregnancy and gender-based violence. The Committee asks the Government to provide updated information on the measures taken or envisaged, in the framework of the Education Strategic Plan and the Coordinated Programme of Economic and Social Development Policies (2017–24), to promote access for girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a wider range of jobs and occupations, and on the results achieved. Noting the lack of information provided in this regard, the Committee also asks the Government to provide information on the grounds of discrimination covered by the grievance procedure in section 28 of the Education Act of 2008, and to indicate whether such grounds include all the grounds of discrimination listed under Article 1(1)(a) of the Convention. Once again, please indicate whether ministerial regulations pursuant to section 29(o) have been adopted, and, if so, forward a copy of such regulations.

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

Ghana (ratification: 1961)

Article 1 of the Convention. Prohibited grounds of discrimination. In its previous observation, the Committee urged the Government to take concrete steps to amend the Labour Act of 2003 so as to include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, and to provide information on any progress made in this regard. The Committee notes that, in its report, the Government indicates firstly, that: the 1992 Constitution prohibits discrimination in article 17(2) and (3), which provides that: “A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status”, and that, for the purpose of this article, "‘discriminate’ means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion, or creed”. The Government adds that the Labour Act 2003 prohibits discrimination throughout the employment cycle (recruitment, career development and termination). The Committee stresses once again that the expressions “social status”, “politics” and “political status” set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act appear to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. It recalls that the prohibition of discrimination on the basis of “political opinion”, as set out in the Convention, should cover a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party. Further, discrimination on the basis of “social origin” arises when an individual’s membership of a class, a socio-occupational category or a caste determines his or her occupational future either by denying him or her access to certain jobs or activities or, conversely, by assigning him or her to certain jobs. Finally, it wishes to reiterate that, where legal provisions are adopted to give effect to the principle of the Convention, they should include all the grounds of discrimination specified in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraphs 802, 805 and 853). Noting that the Government mentions on-going consultations to review the Labour Act 2003, the Committee asks the Government to seize this opportunity to ensure that the new Labour Act includes as a minimum the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee asks the Government to provide information on any developments in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee urged the Government to: (1) expand the definition of sexual harassment to explicitly cover hostile environment sexual harassment; and (2) take concrete steps to achieve better knowledge and understanding of the existence of sexual harassment and the means of preventing and addressing it among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations, and to provide information on the progress achieved. The Government indicates that: (1) the definition of sexual harassment will be expanded during the on-going review of the Labour Act; (2) it is committed to combating sexual harassment through labour inspection and the enforcement of the law by public institutions and competent courts; and (3) that more sensitization programmes, such as seminars, training, advocacy and other stakeholder consultations will be embarked upon to create awareness of sexual harassment at work as a serious manifestation of sex discrimination to be addressed within the context of the Convention. The Committee asks the Government to provide information: (i) on any developments concerning the expansion of the definition of sexual harassment in the Labour Act; and, in the meantime, (ii) on the number, nature and outcome of any complaints or cases of violence or sexual harassment at work handled by the labour inspectorate and the courts. 

Article 2. Equality of opportunity and treatment irrespective of race, colour, religion or national extraction. The Committee notes with regret that the Government’s report is once again silent on the issue of discrimination on the grounds of race, colour, religion and national extraction. It recalls that, while the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (2012 General Survey on the fundamental Conventions, paragraphs 848 and 849).

General observation of 2018. Regarding the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction 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, and 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.

Article 5. Special measures. Persons with disabilities. In its previous comment, the Committee once again requested the Government to provide the data on persons with disabilities collected by the National Council on Persons with Disability (NCPD) established by the Persons with Disability Act, 2006, and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee notes that, according to the statistical information provided by the Government (Ghana Statistical Service Survey): in 2010, persons with disabilities represented 3 per cent (737,743 persons) of Ghana’s population (24,658,823). In general, there were more women with disabilities than men, and they mostly lived in rural rather than urban localities. It also notes that over half of all the persons with disabilities aged 15 and over were employed, and among those employed the percentage was higher for men (52 per cent) than women (47 per cent), and higher in the rural areas (58 per cent) than urban localities (49 per cent). The Committee recalls that the Persons with Disability Act, 2006, provides: (1) for rights such as unrestricted access to public places and buildings, employment, education and transport and a 10-year moratorium, within which all public buildings have to be made accessible to people with disabilities; and (2) that the State shall set up rehabilitation centres in each of the 10 administrative regions in the country to train persons with disabilities and facilitate their employment. The Committee therefore asks the Government to provide information on: (i) the implementation of the Persons with Disability Act, 2006, and particularly on the obstacles encountered in practice in providing job training and employment opportunities for persons with disabilities; (ii) the functioning and activities of the NCPD in the field of employment and occupation; and (iii) updated statistical information on the employment rate of persons with disabilities, disaggregated by sex, sector and age.

Enforcement. In its previous comment, the Committee requested the Government to: (1) take steps to enhance the capacity of law enforcement officials to identify and address discrimination in employment and occupation; (2) provide information on any decisions of the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such cases were addressed; and (3) take concrete steps to revise the labour inspection form to include a specific reference to discrimination on all the grounds listed in the Convention, including sexual harassment. The Committee notes the Government’s commitment to continue enhancing the capacity of law enforcement agencies and institutions to identify and address discrimination in employment. The Government adds that there have been no decisions of the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice or any other competent body relating to discrimination in employment, nor cases referred to labour inspectors. Moreover, the Committee notes that the labour inspection form is being reviewed and that it will address all the grounds of discrimination listed in the Convention, including sexual harassment. The Committee asks the Government to provide: (i) concrete examples of measures taken to enhance the capacity of law enforcement agencies and institutions to identify and address discrimination in employment and occupation; (ii) a copy of the new labour inspection form when it has been adopted; (iii) copies of any decisions by the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice or any other competent body, and information on any cases of discrimination in employment and occupation identified by, or reported to, labour inspectors, and the manner in which such cases were addressed.

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

Article 2 of the Convention. Gender equality in employment and occupation. The Committee notes that although the Government indicates in its report that the Ministry of Women and Children’s Affairs is currently discussing the introduction of a paternity leave entitlement, it does not reply to its previous request for information on the measures taken within the framework of the affirmative action policy. Additionally, the Committee notes, from the 2014 concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that an Affirmative Action (Gender Equality) Bill is being discussed. This is said to seek to improve women’s participation in decision-making processes and, among other things, it establishes a quota of 40 per cent for the representation of women in Parliament and public administration (CEDAW/C/GHA/CO/6-7, paragraph 20). The Committee further notes from the 2016 Annual Report of the United Nations Development Assistance Framework (UNDAF) on Ghana, that in 2016 there was an increase of female members in Parliament, from 11 per cent to 13.5 per cent. The Committee also takes note of the Coordinated Programme of Economic and Social Development Policies (2017–24) adopted by the Government that contains five main pillars and includes, in its “social development” pillar the promotion of gender equality and the empowerment of women and girls. It also notes the adoption of a National Gender Policy (2015), focusing on five policy commitments, namely: (i) women’s empowerment and livelihood, (ii) women’s rights and access to justice, (iii) women’s leadership and accountable governance, (iv) economic opportunities for women, and (v) gender roles and relations. The Committee also notes from the National Gender Policy that, in 2013, the Ministry of Women and Children’s Affairs was renamed the Ministry of Gender, Children and Social Protection (MoGCSP). Further, the Committee notes the Ghana Living Standards Survey Round 6, published in 2014, which provides statistical data on the number of men and women employed in the different sectors of the private and public sectors. Recalling that the adoption of policies are only efficient if they are followed by the implementation of concrete measures, the Committee asks the Government to provide detailed information on the measures taken within the framework of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24), including information on the time frame for their implementation and on their impact in improving gender equality in employment and occupation. Please also indicate whether the Affirmative Action (Gender Equality) Bill was passed and provide a copy of it once adopted. Finally, the Committee asks the Government to provide updated statistical information on the situation of women and men in employment in the private and the public sectors.

Article 3. Education and vocational training. The Committee recalls that the Education Act (2008) no longer includes provisions prohibiting discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention. It recalls that section 28 of the Education Act (2008) provides for a grievance procedure before the National Accreditation Board or the district education oversight committee, when a parent has cause to suspect discrimination; and that section 29(o) of the Education Act provides that the Minister may make regulations in respect of “gender equity at all levels and programmes of education”. The Committee notes that the Government’s report provides no new information with regard to the question of education and vocational training. However, it notes that according to the Ghana Living Standards Survey Round 6, a higher proportion of females (24.3 per cent) as compared to males (14.6 per cent) have never been to school. The Committee further notes from the Coordinated Programme of Economic and Social Development Policies (2017–24) and the Education Strategic Plan 2010–20, that the Government intends to implement policies for education and training which will focus on improving inclusive and equitable access to, and participation in, education at all levels. Finally, according to the UNDAF’s Annual Country Report, gender parity in junior high schools has already increased in 2016 as a result of UN supported advocacy efforts which focused on making the education sector more responsive to the issues of teenage pregnancy and gender-based violence. The Committee asks the Government to provide updated information on the measures taken or envisaged, in the framework of the Education Strategic Plan and the Coordinated Programme of Economic and Social Development Policies (2017–24), to promote access for girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a wider range of jobs and occupations, and on the results achieved. Noting the lack of information provided in this regard, the Committee also asks the Government to provide information on the grounds of discrimination covered by the grievance procedure in section 28 of the Education Act of 2008, and to indicate whether such grounds include all the grounds of discrimination listed under Article 1(1)(a) of the Convention. Once again, please indicate whether ministerial regulations pursuant to section 29(o) have been adopted, and, if so, forward a copy of such regulations.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with concern that the Government’s report once again contains no information in response to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess whether there is effective implementation of the Convention, including whether progress has been achieved since its ratification. The Committee hopes that the Government’s next report will contain full information on the matters raised below.

Article 1 of the Convention. Prohibited grounds of discrimination. Previously, the Committee recalled that the term “social status”, “politics” and “political status” set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act of 2003 appear to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. It recalled that the prohibition of discrimination on the basis of political opinion, as contained in the Convention, should cover a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party. Further, discrimination on the basis of social origin arises when an individual’s membership of a class, a socio-occupational category, or a caste determines his or her occupational future either by denying him or her access to certain jobs or activities or, conversely, by assigning him or her certain jobs. The Committee notes that, in its report, the Government merely repeats its previous statement that the Committee’s concerns have been communicated to the relevant agencies for appropriate action. Consequently, the Committee emphasizes once again that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee urges the Government to take concrete steps to amend the Labour Act of 2003, so as to include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, and to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls its previous comments in which it noted that section 175 of the Labour Act, defining sexual harassment, appears to cover only quid pro quo harassment, and not hostile environment sexual harassment. The Committee notes the Government repeated indication that steps have been taken with a view to preventing and combating sexual harassment at work including workplace inspections, and education and training programmes for employers’ and workers’ organizations, but that no complaints or reports concerning sexual harassment at the workplace have been brought before the competent authorities under the Labour Act, including the National Labour Commission. The Committee again recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 790). The Committee urges the Government to expand the definition of sexual harassment to explicitly cover hostile environment sexual harassment. The Committee also urges the Government to take concrete steps – for example in the form of seminars, guidance, training, etc. – aimed at achieving better knowledge and understanding of the existence of sexual harassment and the means of preventing and addressing it, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations, and to provide information on the progress achieved.

Equality in employment without any distinction of race, colour, religion, or national extraction. The Committee notes with regret that the Government’s report is once again silent on the issue of discrimination on the grounds of race, colour, religion, and national extraction. It recalls that, while the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see 2012 General Survey on the fundamental Conventions, paragraphs 848 and 849). The Committee therefore once again asks the Government to take the necessary measures to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. The Committee also again asks the Government to provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities, and on the manner in which they were dealt with. Please provide information on awareness-raising activities, such as training or seminars, on discrimination on the grounds of race, colour, religion and national extraction, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations.

Article 5. Special measures. Persons with disabilities. The Committee recalls the Government’s previous indication that the National Council on Persons with Disability was in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. Noting with regret that the Government once again provides no new information in this regard, the Committee reiterates its request that the Government communicate such data.

Enforcement. Noting that the Government’s report is once again silent on this point, the Committee recalls that the monitoring and enforcement of equality and non-discrimination laws and policies is important in determining whether there is effective implementation of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 868). The Committee therefore reiterates its request to the Government that it takes steps to enhance the capacity of law enforcement officials to identify and address discrimination in employment and occupation. Once again, the Committee asks the Government to provide information on any decisions of the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such cases were addressed. Finally, the Committee again asks the Government to take concrete steps to revise the labour inspection form to include a specific reference to discrimination on all the grounds listed in the Convention, including to sexual harassment.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2 of the Convention. Gender equality in employment and occupation. The Committee notes that although the Government indicates in its report that the Ministry of Women and Children’s Affairs is currently discussing the introduction of a paternity leave entitlement, it does not reply to its previous request for information on the measures taken within the framework of the affirmative action policy. Additionally, the Committee notes, from the 2014 concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that an Affirmative Action (Gender Equality) Bill is being discussed. This is said to seek to improve women’s participation in decision-making processes and, among other things, it establishes a quota of 40 per cent for the representation of women in Parliament and public administration (CEDAW/C/GHA/CO/6-7, paragraph 20). The Committee further notes from the 2016 Annual Report of the United Nations Development Assistance Framework (UNDAF) on Ghana, that in 2016 there was an increase of female members in Parliament, from 11 per cent to 13.5 per cent. The Committee also takes note of the Coordinated Programme of Economic and Social Development Policies (2017–24) adopted by the Government that contains five main pillars and includes, in its “social development” pillar the promotion of gender equality and the empowerment of women and girls. It also notes the adoption of a National Gender Policy (2015), focusing on five policy commitments, namely: (i) women’s empowerment and livelihood, (ii) women’s rights and access to justice, (iii) women’s leadership and accountable governance, (iv) economic opportunities for women, and (v) gender roles and relations. The Committee also notes from the National Gender Policy that, in 2013, the Ministry of Women and Children’s Affairs was renamed the Ministry of Gender, Children and Social Protection (MoGCSP). Further, the Committee notes the Ghana Living Standards Survey Round 6, published in 2014, which provides statistical data on the number of men and women employed in the different sectors of the private and public sectors. Recalling that the adoption of policies are only efficient if they are followed by the implementation of concrete measures, the Committee asks the Government to provide detailed information on the measures taken within the framework of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24), including information on the time frame for their implementation and on their impact in improving gender equality in employment and occupation. Please also indicate whether the Affirmative Action (Gender Equality) Bill was passed and provide a copy of it once adopted. Finally, the Committee asks the Government to provide updated statistical information on the situation of women and men in employment in the private and the public sectors.

Article 3. Education and vocational training. The Committee recalls that the Education Act (2008) no longer includes provisions prohibiting discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention. It recalls that section 28 of the Education Act (2008) provides for a grievance procedure before the National Accreditation Board or the district education oversight committee, when a parent has cause to suspect discrimination; and that section 29(o) of the Education Act provides that the Minister may make regulations in respect of “gender equity at all levels and programmes of education”. The Committee notes that the Government’s report provides no new information with regard to the question of education and vocational training. However, it notes that according to the Ghana Living Standards Survey Round 6, a higher proportion of females (24.3 per cent) as compared to males (14.6 per cent) have never been to school. The Committee further notes from the Coordinated Programme of Economic and Social Development Policies (2017–24) and the Education Strategic Plan 2010–20, that the Government intends to implement policies for education and training which will focus on improving inclusive and equitable access to, and participation in, education at all levels. Finally, according to the UNDAF’s Annual Country Report, gender parity in junior high schools has already increased in 2016 as a result of UN supported advocacy efforts which focused on making the education sector more responsive to the issues of teenage pregnancy and gender-based violence. The Committee asks the Government to provide updated information on the measures taken or envisaged, in the framework of the Education Strategic Plan and the Coordinated Programme of Economic and Social Development Policies (2017–24), to promote access for girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a wider range of jobs and occupations, and on the results achieved. Noting the lack of information provided in this regard, the Committee also asks the Government to provide information on the grounds of discrimination covered by the grievance procedure in section 28 of the Education Act of 2008, and to indicate whether such grounds include all the grounds of discrimination listed under Article 1(1)(a) of the Convention. Once again, please indicate whether ministerial regulations pursuant to section 29(o) have been adopted, and, if so, forward a copy of such regulations.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report once again contains no information in response to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess whether there is effective implementation of the Convention, including whether progress has been achieved since its ratification. The Committee hopes that the Government’s next report will contain full information on the matters raised below.

Article 1 of the Convention. Prohibited grounds of discrimination. Previously, the Committee recalled that the term “social status”, “politics” and “political status” set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act of 2003 appear to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. It recalled that the prohibition of discrimination on the basis of political opinion, as contained in the Convention, should cover a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party. Further, discrimination on the basis of social origin arises when an individual’s membership of a class, a socio-occupational category, or a caste determines his or her occupational future either by denying him or her access to certain jobs or activities or, conversely, by assigning him or her certain jobs. The Committee notes that, in its report, the Government merely repeats its previous statement that the Committee’s concerns have been communicated to the relevant agencies for appropriate action. Consequently, the Committee emphasizes once again that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee urges the Government to take concrete steps to amend the Labour Act of 2003, so as to include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, and to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls its previous comments in which it noted that section 175 of the Labour Act, defining sexual harassment, appears to cover only quid pro quo harassment, and not hostile environment sexual harassment. The Committee notes the Government repeated indication that steps have been taken with a view to preventing and combating sexual harassment at work including workplace inspections, and education and training programmes for employers’ and workers’ organizations, but that no complaints or reports concerning sexual harassment at the workplace have been brought before the competent authorities under the Labour Act, including the National Labour Commission. The Committee again recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 790). The Committee urges the Government to expand the definition of sexual harassment to explicitly cover hostile environment sexual harassment. The Committee also urges the Government to take concrete steps – for example in the form of seminars, guidance, training, etc. – aimed at achieving better knowledge and understanding of the existence of sexual harassment and the means of preventing and addressing it, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations, and to provide information on the progress achieved.

Equality in employment without any distinction of race, colour, religion, or national extraction. The Committee notes with regret that the Government’s report is once again silent on the issue of discrimination on the grounds of race, colour, religion, and national extraction. It recalls that, while the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see 2012 General Survey on the fundamental Conventions, paragraphs 848 and 849). The Committee therefore once again asks the Government to take the necessary measures to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. The Committee also again asks the Government to provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities, and on the manner in which they were dealt with. Please provide information on awareness-raising activities, such as training or seminars, on discrimination on the grounds of race, colour, religion and national extraction, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations.

Article 5. Special measures. Persons with disabilities. The Committee recalls the Government’s previous indication that the National Council on Persons with Disability was in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. Noting with regret that the Government once again provides no new information in this regard, the Committee reiterates its request that the Government communicate such data.

Enforcement. Noting that the Government’s report is once again silent on this point, the Committee recalls that the monitoring and enforcement of equality and non-discrimination laws and policies is important in determining whether there is effective implementation of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 868). The Committee therefore reiterates its request to the Government that it takes steps to enhance the capacity of law enforcement officials to identify and address discrimination in employment and occupation. Once again, the Committee asks the Government to provide information on any decisions of the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such cases were addressed. Finally, the Committee again asks the Government to take concrete steps to revise the labour inspection form to include a specific reference to discrimination on all the grounds listed in the Convention, including to sexual harassment.

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

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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee recalls its previous comments noting that the term “social status”, “politics” and “political status” set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act of 2003 appear to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. The Committee notes from the Government’s report, that there has been no progress in addressing this matter, and no new information has been provided. The Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on fundamental Conventions, 2012, paragraph 853). The Committee asks the Government to take concrete steps to amend the Labour Act of 2003, so as to include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, and to provide information on any progress made in this regard.

Discrimination based on sex. Sexual harassment. The Committee recalls its previous comments noting that section 175 of the Labour Act, defining sexual harassment, appears to cover only quid pro quo harassment, and not hostile environment sexual harassment. The Government indicates that steps have been taken with a view to preventing and combating sexual harassment at work including workplace inspections, and education and training programmes for employers’ and workers’ organizations. The Committee also notes the Government’s indication that no complaints or reports concerning sexual harassment at the workplace have been brought before the competent authorities under the Labour Act, including the National Labour Commission. The Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (General Survey on fundamental Conventions, 2012, paragraph 790). The Committee asks the Government to expand the definition of sexual harassment to explicitly cover hostile environment sexual harassment. The Committee also asks the Government to take concrete steps which are aimed at achieving better knowledge and understanding of the existence of sexual harassment and means of preventing and addressing it among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations.

Article 2. Gender equality in employment and occupation. The Committee recalls the Government’s policy for affirmative action towards equality of rights and opportunities for women, and the policy on gender equality for 2008–12 developed by the Ghana Trades Union Congress, which included the increase of women’s representation in the leadership of the labour movement and in union activities and the intensification of gender educational programmes for both men and women. The Committee notes the Government’s indication that although the 40 per cent target of women’s representation in the public sector has not been reached, the Government is taking the necessary steps to ensure more appointments of women within the public sector. The Government also indicates that the Gender Budget Monitoring Unit of the Ministry of Women and Children’s Affairs will ensure that national and sectoral budgets for 2010 and beyond are gender responsive. The Committee asks the Government to provide information on the implementation of the measures taken within the framework of the affirmative action policy, including indications of the time frame for their implementation and their impact on improving gender equality in employment and occupation. Please also indicate the steps taken to collect and process statistical information on the situation of women in employment in the private and the public sectors.

Equality in employment without any distinction of race, colour, religion or national extraction. Noting that the Government’s report does not contain information in this regard, the Committee asks the Government to take the necessary measures to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. The Committee also asks the Government to provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities, and on the manner in which they were dealt with. Please provide information on awareness-raising activities on discrimination on the grounds of race, colour, religion and national extraction, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations.

Article 3. Education and vocational training. The Committee recalls that the Government was promoting the access of girls and women to education, in particular within the framework of the National Functional Literacy Programme. The Committee also recalls that the Education Act of 2008 does not include provisions to prohibit discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention, while section 22(1) of the repealed Education Act of 1961 provided that “no person shall be refused admission as a pupil to, or refused attendance as a pupil at, any school on account of the religious persuasion, nationality, race or language of himself or of either of his parents”. Section 28 of the Education Act of 2008 provides for a grievance procedure before the National Accreditation Board or the district education oversight committee, when a parent has cause to suspect discrimination. In addition, section 29(o) of the Education Act provides that the Minister may make regulations in respect of “gender equity at all levels and programmes of education”. The Committee asks the Government to provide updated information on its steps taken or envisaged to promote access of girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a larger range of jobs and occupations, and the results achieved. The Committee also asks the Government to provide information on the grounds of discrimination in the grievances pursuant to section 28 of the Education Act of 2008, and to indicate whether such grounds include the grounds of discrimination under Article 1(1)(a) of the Convention. Please further indicate whether ministerial regulations pursuant to section 29(o) have been adopted, and, if so, forward a copy of such regulations.

Article 5. Special measures. Persons with disabilities. The Committee recalls the Government’s previous indication that the National Council on Persons with Disability was in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee again asks the Government to communicate such data in its next report.

Parts III and IV of the report form. Enforcement. Noting that the Government’s report contains no reply to its previous request regarding the labour inspection form, the Committee asks the Government to take concrete steps to revise the labour inspection form to include a specific reference to discrimination on the grounds listed in the Convention and to sexual harassment. It also asks the Government to take measures to enhance the capacity of law enforcement officials to identify and address discrimination in employment and occupation. Please provide information on any decisions by the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such discrimination cases were addressed.

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

The Committee notes with regret 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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes the Government’s indication that its previous comments suggesting the explicit inclusion of the ground of “social origin” in sections 14(e) and 63(2)(d) of the Labour Act of 2003 and the replacement of the terms “politics” and “political status” with the broader term “political opinion”, in line with the Convention, have been noted and were communicated to the Minister for appropriate action. Recalling that national legislation should cover, as a minimum, all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate the concrete steps taken with a view to amending the Labour Act.

Discrimination based on sex. Sexual harassment. The Committee notes that its previous comments on a possible amendment of section 175 of the Labour Act to ensure that the definition of sexual harassment also covers a hostile environment were transmitted to the Minister for consideration. With regard to the measures taken to prevent and combat sexual harassment at work, the Government indicates that such steps include workplace inspections, education on the law and training programmes for labour officers. The Committee requests the Government to indicate any legislative developments with regard to the extension of the definition of sexual harassment to explicitly cover a hostile environment. While noting that no complaints concerning sexual harassment at work have been brought before the competent authorities under the Labour Act, the Committee encourages the Government to take concrete steps aimed at achieving better knowledge and understanding of the existence of sexual harassment and means of preventing and addressing it among labour officers, judges and other relevant public officials as well as employers and workers and their organizations.

Article 2. Gender equality in employment and occupation. The Committee notes that in the statement on the policy for affirmative action towards equality of rights and opportunities for women in Ghana, the Government undertakes to establish a more clear-cut administrative framework for handling women’s affairs, to mainstream women’s issues, to ensure adequate representation of women at district and sub-district levels of administration (a target of 30 per cent was set rather than 40 per cent previously fixed), to make the education and training of women more effective and to raise public awareness on affirmative action. The Committee also welcomes the policy on gender equality for 2008–12 developed by the Ghana Trades Union Congress, which includes the increase of women’s representation in the leadership of the labour movement and in union activities and the intensification of gender educational programmes for both men and women. The Committee requests the Government to provide information on the implementation of the measures taken within the framework of the affirmative action policy, including indications of the timeframe for their implementation and their impact on gender equality in employment and occupation. Please also indicate steps taken to collect and process statistical information on the situation of women in employment in the private and the public sectors.

Article 2. Equality in employment without any distinction of race, colour, religion and national extraction. The Committee requests the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. Please also provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities and, if any, on the manner in which they were dealt with.

Article 3. Education and vocational training. The Committee notes that the Government is promoting the access of girls and women to education, in particular within the framework of the National Functional Literacy Programme which puts a special emphasis on women and the poor rural population. The Committee also notes the adoption of the Education Act 2008 which repeals the 1961 Education Act. However, it also notes that the Government has not taken the opportunity of the revision of the Education Act to prohibit discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee asks the Government to take the necessary measures to ensure that such provisions will be included in the Education Act. The Committee also encourages the Government to continue its efforts to promote access of girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a larger range of jobs and occupations and requests it to continue to provide information on measures taken to that end and on their impact.

Article 5. Special measures. Workers with disabilities. The Committee notes from the Government’s report that the recently established National Council on Persons with Disability is in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee requests the Government to communicate such data in its next report.

Parts III and IV of the report form. Enforcement. Noting that the report contains no reply to its previous request regarding labour inspection, the Committee once again requests the Government to indicate the specific measures taken or envisaged to revise the labour inspection form to include a specific reference to discrimination on the grounds listed in the Convention and to sexual harassment. It asks the Government to provide information on any measures taken or envisaged to enhance the capacity of labour officers to identify and address discrimination in employment and occupation. Please also indicate whether labour inspectors and other competent national bodies, such as the National Labour Commission and the Commission on Human Rights and Administrative Justice, have dealt with any discrimination cases.

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

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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes the Government’s indication that its previous comments suggesting the explicit inclusion of the ground of “social origin” in sections 14(e) and 63(2)(d) of the Labour Act of 2003 and the replacement of the terms “politics” and “political status” with the broader term “political opinion”, in line with the Convention, have been noted and were communicated to the Minister for appropriate action. Recalling that national legislation should cover, as a minimum, all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate the concrete steps taken with a view to amending the Labour Act.

Discrimination based on sex. Sexual harassment. The Committee notes that its previous comments on a possible amendment of section 175 of the Labour Act to ensure that the definition of sexual harassment also covers a hostile environment were transmitted to the Minister for consideration. With regard to the measures taken to prevent and combat sexual harassment at work, the Government indicates that such steps include workplace inspections, education on the law and training programmes for labour officers. The Committee requests the Government to indicate any legislative developments with regard to the extension of the definition of sexual harassment to explicitly cover a hostile environment. While noting that no complaints concerning sexual harassment at work have been brought before the competent authorities under the Labour Act, the Committee encourages the Government to take concrete steps aimed at achieving better knowledge and understanding of the existence of sexual harassment and means of preventing and addressing it among labour officers, judges and other relevant public officials as well as employers and workers and their organizations.

Article 2. Gender equality in employment and occupation. The Committee notes that in the statement on the policy for affirmative action towards equality of rights and opportunities for women in Ghana, the Government undertakes to establish a more clear-cut administrative framework for handling women’s affairs, to mainstream women’s issues, to ensure adequate representation of women at district and sub-district levels of administration (a target of 30 per cent was set rather than 40 per cent previously fixed), to make the education and training of women more effective and to raise public awareness on affirmative action. The Committee also welcomes the policy on gender equality for 2008–12 developed by the Ghana Trades Union Congress, which includes the increase of women’s representation in the leadership of the labour movement and in union activities and the intensification of gender educational programmes for both men and women. The Committee requests the Government to provide information on the implementation of the measures taken within the framework of the affirmative action policy, including indications of the timeframe for their implementation and their impact on gender equality in employment and occupation. Please also indicate steps taken to collect and process statistical information on the situation of women in employment in the private and the public sectors.

Article 2. Equality in employment without any distinction of race, colour, religion and national extraction. The Committee requests the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. Please also provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities and, if any, on the manner in which they were dealt with.

Article 3. Education and vocational training. The Committee notes that the Government is promoting the access of girls and women to education, in particular within the framework of the National Functional Literacy Programme which puts a special emphasis on women and the poor rural population. The Committee also notes the adoption of the Education Act 2008 which repeals the 1961 Education Act. However, it also notes that the Government has not taken the opportunity of the revision of the Education Act to prohibit discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee asks the Government to take the necessary measures to ensure that such provisions will be included in the Education Act. The Committee also encourages the Government to continue its efforts to promote access of girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a larger range of jobs and occupations and requests it to continue to provide information on measures taken to that end and on their impact.

Article 5. Special measures. Workers with disabilities. The Committee notes from the Government’s report that the recently established National Council on Persons with Disability is in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee requests the Government to communicate such data in its next report.

Parts III and IV of the report form. Enforcement. Noting that the report contains no reply to its previous request regarding labour inspection, the Committee once again requests the Government to indicate the specific measures taken or envisaged to revise the labour inspection form to include a specific reference to discrimination on the grounds listed in the Convention and to sexual harassment. It asks the Government to provide information on any measures taken or envisaged to enhance the capacity of labour officers to identify and address discrimination in employment and occupation. Please also indicate whether labour inspectors and other competent national bodies, such as the National Labour Commission and the Commission on Human Rights and Administrative Justice, have dealt with any discrimination cases.

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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes the Government’s indication that its previous comments suggesting the explicit inclusion of the ground of “social origin” in sections 14(e) and 63(2)(d) of the Labour Act of 2003 and the replacement of the terms “politics” and “political status” with the broader term “political opinion”, in line with the Convention, have been noted and were communicated to the Minister for appropriate action. Recalling that national legislation should cover, as a minimum, all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate the concrete steps taken with a view to amending the Labour Act.

Discrimination based on sex. Sexual harassment. The Committee notes that its previous comments on a possible amendment of section 175 of the Labour Act to ensure that the definition of sexual harassment also covers a hostile environment were transmitted to the Minister for consideration. With regard to the measures taken to prevent and combat sexual harassment at work, the Government indicates that such steps include workplace inspections, education on the law and training programmes for labour officers. The Committee requests the Government to indicate any legislative developments with regard to the extension of the definition of sexual harassment to explicitly cover a hostile environment. While noting that no complaints concerning sexual harassment at work have been brought before the competent authorities under the Labour Act, the Committee encourages the Government to take concrete steps aimed at achieving better knowledge and understanding of the existence of sexual harassment and means of preventing and addressing it among labour officers, judges and other relevant public officials as well as employers and workers and their organizations.

Article 2. Gender equality in employment and occupation. The Committee notes that in the statement on the policy for affirmative action towards equality of rights and opportunities for women in Ghana, the Government undertakes to establish a more clear-cut administrative framework for handling women’s affairs, to mainstream women’s issues, to ensure adequate representation of women at district and sub-district levels of administration (a target of 30 per cent was set rather than 40 per cent previously fixed), to make the education and training of women more effective and to raise public awareness on affirmative action. The Committee also welcomes the policy on gender equality for 2008–12 developed by the Ghana Trades Union Congress, which includes the increase of women’s representation in the leadership of the labour movement and in union activities and the intensification of gender educational programmes for both men and women. The Committee requests the Government to provide information on the implementation of the measures taken within the framework of the affirmative action policy, including indications of the timeframe for their implementation and their impact on gender equality in employment and occupation. Please also indicate steps taken to collect and process statistical information on the situation of women in employment in the private and the public sectors.

Article 2. Equality in employment without any distinction of race, colour, religion and national extraction. The Committee requests the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. Please also provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities and, if any, on the manner in which they were dealt with.

Article 3. Education and vocational training. The Committee notes that the Government is promoting the access of girls and women to education, in particular within the framework of the National Functional Literacy Programme which puts a special emphasis on women and the poor rural population. The Committee also notes the adoption of the Education Act 2008 which repeals the 1961 Education Act. However, it also notes that the Government has not taken the opportunity of the revision of the Education Act to prohibit discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee asks the Government to take the necessary measures to ensure that such provisions will be included in the Education Act. The Committee also encourages the Government to continue its efforts to promote access of girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a larger range of jobs and occupations and requests it to continue to provide information on measures taken to that end and on their impact.

Article 5. Special measures. Workers with disabilities. The Committee notes from the Government’s report that the recently established National Council on Persons with Disability is in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee requests the Government to communicate such data in its next report.

Parts III and IV of the report form. Enforcement. Noting that the report contains no reply to its previous request regarding labour inspection, the Committee once again requests the Government to indicate the specific measures taken or envisaged to revise the labour inspection form to include a specific reference to discrimination on the grounds listed in the Convention and to sexual harassment. It asks the Government to provide information on any measures taken or envisaged to enhance the capacity of labour officers to identify and address discrimination in employment and occupation. Please also indicate whether labour inspectors and other competent national bodies, such as the National Labour Commission and the Commission on Human Rights and Administrative Justice, have dealt with any discrimination cases.

 

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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee recalls that sections 14(e) and 63(2)(d) of the Labour Act of 2003 recognize social status as a prohibited ground of discrimination. It notes the Government’s statement to the effect that this term is intended to cover discrimination on the basis of social origin in accordance with Article 1(1)(a) of the Convention. While noting the Government’s explanations, the Committee nevertheless requests the Government to consider amending sections 14(e) and 62(2)(d) to include explicitly the ground of social origin which goes beyond the notion of social status. The Committee also requests the Government to consider revising these provisions to replace the terms “politics” and “political status” with the broader term “political opinion”, in line with Article 1(1)(a) of the Convention. The Government is requested to keep the Committee informed of any developments in this regard.

Discrimination based on sex. Sexual harassment. The Committee recalls that section 175 defines sexual harassment as “any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or co-workers to a worker, whether the worker is a man or woman”. In its previous comments, the Committee noted that this definition may not cover hostile environment harassment. While noting the Government’s view that hostile environment harassment was implicitly covered, the Committee maintains that by referring to “advances or request”, section 175 would appear to have the effect of excluding from the definition of sexual harassment conduct of a sexual nature that, while not being an advance or request, nevertheless creates an intimidating, hostile or humiliating working environment for the recipient. The Committee requests the Government to:

(a)   indicate whether it would consider amending the definition of sexual harassment contained in the Labour Act to ensure that hostile environment harassment is prohibited and to indicate the steps taken in this regard;

(b)   provide, as requested in its previous comments, information on the measures taken to assess the prevalence of sexual harassment at work (for example through a more targeted labour inspection form) and to indicate what additional steps are being taken to prevent sexual harassment, including through awareness raising;

(c)   indicate whether any complaints concerning sexual harassment at work have been brought before the competent authorities under the Labour Act or other legislation.

Article 2. Gender equality in employment and occupation. The Committee notes from the Government’s report that a draft strategy prepared by the Ministry of Women and Children Affairs (MOWAC) for presentation to Heads of States and Governments of the African Union highlighted experiences in Ghana regarding affirmative action measures in the public service and the appointment of gender desk officers in the different government departments and institutions. Challenges such as lack of consistency and sustainability in the implementation of such policies and persisting stereotyped perceptions of women, were highlighted in the report. The Committee welcomes the indications that the Ghana Employers’ Association is promoting gender equality in the private sector. While noting the data provided concerning the level of women’s participation in political decision-making, the Committee is concerned that no statistical information on women’s participation in the private and public labour market appears to be available. The Committee requests the Government to:

(a)   take all measures necessary to achieve the full implementation of its affirmative action policy, including the target of 40 per cent women’s representation in public sector employment and to indicate in its next report the specific action taken to this end and the results obtained;

(b)   provide more detailed information on the measures taken to promote gender equality in the private sector, including information on the specific measures taken by workers’ and employers’ organizations;

(c)   indicate any further developments with regard to the Women’s Department’s proposal to introduce paternity leave in the public sector;

(d)   collect and process statistical information on the participation of women in the private and public labour market.

Education and training. The Committee notes that the right of all persons to equal education is ensured under section 8 of the Children Act and article 25 of the Constitution, while the 1961 Education Act is still under review. The Committee also notes that programmes are being carried out to increase access to education for all, particularly girls. The Committee requests the Government to ensure that the new legislation on education will prohibit discrimination in education on all the grounds explicitly listed in Article 1(1)(a) of the Convention. Please provide information on any further developments in this regard, as well as information on progress made in achieving equal access of men and women to education and training, including statistical information.

Article 5. Special measures. Workers with disabilities. The Committee notes that the Labour Regulations 2007 further define the incentives scheme for the employment of persons with disabilities envisaged under the Labour Act 2003. The Committee requests the Government to provide more detailed information on the incentive scheme and its implementation, including information on the number of workers with disabilities and enterprises that have benefited from it.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that the National Labour Commission is competent to deal with disputes concerning discrimination under the Labour Act and that it has dealt with no such case so far. A number of discrimination cases have, however, been decided by the Commission on Human Rights and Administrative Justice (CHRAJ). The Committee requests the Government to continue to provide information on any discrimination cases dealt with by the competent national bodies, including the National Labour Commission and the CHRAJ.

With regard to labour inspection, the Committee notes that no discrimination cases have been addressed under sections 14 and 63 of the Labour Act. Recalling its previous comments on the absence on any specific reference on the labour inspection report form to discrimination on the grounds listed in the Convention, the Committee notes the Government’s indication that this lacuna has been brought to the attention of the Labour Department’s unit that designed the form. The Committee requests the Government to indicate the specific measures taken or envisaged to revise the labour inspection form and to enhance the capacity of labour inspectors to identify and address discrimination in employment and occupation. Please also indicate whether labour inspectors have dealt with any discrimination cases.

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

1. Article 1 of the Convention. Prohibition of discrimination. Political opinion. The Committee notes from the Government’s report that, under section 14(e) of the Labour Act of 2003, the prohibition of discrimination in employment on the basis of “politics” generally refers to an individual’s participation in the activities of a particular party. With respect to section 63(2)(d) of the same Act, the Government indicates that unfair dismissal on account of a person’s “political status” refers to an individual’s position in a particular political party. The Committee reminds the Government that the prohibition of discrimination on the basis of political opinion, as contained in the Convention, covers a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party.

2. Social origin. The Committee further notes the Government’s response with regard to the ground of “social status” set out in sections 14(e) and 63(2)(d) of the Labour Act. The Government indicates that the employment of a worker based on social origin constitutes an unfair labour practice and is discouraged by the Labour Act. The Committee wishes to point out that discrimination on the basis of social origin arises when an individual’s membership in a class, a socio-occupational category or a caste determines his or her occupational future either by denying him or her certain jobs or activities or, on the contrary, by assigning him or her to certain jobs (General Survey on equality in employment and occupation, 1988, paragraph 54). It also reminds the Government that the prohibition of discrimination on the grounds of social origin does not merely cover situations of preferential hiring but includes any circumstance which has the effect of nullifying or impairing equality of opportunity or treatment in employment and occupation, including access to vocational training, access to employment and particular occupations, as well as regarding the terms and conditions of employment. The Government is, therefore, asked again to indicate whether the ground “social status” as appears in sections 14(e) and 63(2)(d) of the Labour Act, prohibits discrimination on the basis of social origin in employment and occupation in conformity with Article 1 of the Convention.

3. Discrimination on the basis of sex. Sexual harassment. In its report, the Government states that under the Labour Act of 2003, sexual harassment constitutes gender discrimination within the meaning of section 14(e). The Committee notes, however, that the definition of sexual harassment at section 175 of the Act does not appear to cover hostile work environment harassment. It reminds the Government that the scope of sexual harassment as outlined in the Committee’s general observation in 2002 includes the notion of hostile work environment, which relates to conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Government indicates that the new labour inspection report form is intended to address sexual harassment in employment. However, apart from questions relating to pornography and bullying, the Committee notes that there is no explicit question inquiring about the incidence of sexual harassment in the workplace. In this respect, the Committee also notes from the Government’s report to the Committee on the Elimination of Discrimination against Women that it has difficulty assessing whether workplace sexual harassment is a problem faced by Ghanaian women since cases of sexual harassment are not reported (CEDAW/C/GHA/3-5, paragraph 150). The Committee asks the Government to clarify whether the definition of sexual harassment in the Labour Act also covers “hostile work environment” as set out in the 2002 general observation. In addition, the Government is requested to provide information on the measures taken to more accurately assess the prevalence of sexual harassment in employment and occupation (for example, through a more targeted labour inspection form) and to indicate what additional steps it is taking or considering to prevent sexual harassment in practice and to ensure that victims of such practices have the opportunity to bring complaints and seek appropriate redress.

4. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with interest the affirmative action policy for women accompanying the Government’s report. It notes under this policy, the appointment of a Committee on Affirmative Action to monitor the policy’s overall implementation, which includes action on greater representation of women in parliament and at regional levels of administration, more effective education and training for women and raising public awareness on gender issues. Noting that these affirmative action measures will be periodically reviewed, the Committee asks the Government to include information in its next report on the achievements of this policy towards promoting equality between men and women in employment and occupation, including progress on the objective of having 40 per cent of positions in the public sector filled by women. The Government is also asked to include information on the ongoing work of the Committee on Affirmative Action with respect to the application of the Convention and on the measures taken or under consideration to promote gender equality in the private sector (formal and informal), particularly in rural areas. Please also provide information on the possible introduction of paternity leave as indicated in the Government’s CEDAW report (CEDAW/C/GHA/3-5, paragraph 148).

5. Education and training. The Committee notes the Government’s indication that article 25(1) of the Constitution ensures equal access to education. It recalls that the 1961 Education Act provides that any person refusing a pupil access to an educational establishment on the grounds of religion, nationality, race or language of the pupil or his or her parents shall be fined (section 22(4)). Recalling that the Education Act is currently under review, the Committee again asks the Government to take the necessary measures to ensure that the new legislation will provide for equal access to education on all the grounds listed in Article 1(1)(a) of the Convention, including political opinion, and to keep the Committee informed in this regard.

6. Article 3(d). Civil service. With respect to disciplinary action applicable to public servants, the Committee recalls that article 191(b) of the Constitution provides that no member of the public service shall be “dismissed, removed from office, reduced in rank or otherwise punished without just cause”. Given that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee notes the Government’s explanation that “just cause” in this case means “deserved or appropriate under the circumstances to be punished”. The Committee asks the Government to indicate what legal assurances exist to protect civil servants from dismissal on the basis of discriminatory grounds as contained in the Convention. In this regard, the Committee reiterates its request for a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in cases of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Please also indicate whether confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process.

7. Parts III and IV of the report form. Enforcement. With respect to the complaints procedures and remedies available to victims of discrimination and the sanctions that can be imposed for infringements of section 14(e), the Committee notes the Government’s reference to section 64 of the Labour Act. It notes from this provision that workers who allege that their employment has been unfairly terminated may present a claim to the National Labour Commission which, upon finding in favour of the claimant, may order the employer to reinstate the worker, re-employ the worker or order the employer to pay compensation to the worker. The Committee notes that section 64 of the Labour Act is limited, however, to cases where the discriminatory treatment took place upon an employee’s dismissal. The Committee asks the Government to indicate what recourse is available to workers who experience discrimination in access to employment, in the terms and conditions of their employment, or in access to vocational training. In this respect, the Government is requested to provide information on any relevant cases decided by the National Labour Commission or any other adjudicative body, such as the Commission on Human Rights and Administrative Justice regarding discrimination in employment or occupation.

8. The Committee notes that the Labour Department designed a new labour inspection and child labour monitoring report form. It notes that this report form asks establishments, among other things, to indicate the number of workers employed and their rates of remuneration disaggregated by sex, the number of disabled workers employed, the number of labour complaints lodged and the nature of such complaints, information on terminations as well as on HIV/AIDS in the workplace. The Committee asks the Government to indicate how, in the course of inspections, the labour inspectorate monitors discriminatory treatment on the basis of all the grounds listed under the Convention. It further requests the Government to provide information on the number, nature, and outcome of cases involving sections 14, 63(2)(d) or 63(3)(b) of the Labour Act reported to or addressed by the labour inspectors, including in enterprises situated in export processing zones.

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

The Committee notes that the Government’s report has not been received. It nevertheless examined the Labour Act of 2003, which entered into force in March 2004. 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 following matters.

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that section 14(e) of the Labour Act of 2003 provides that "an employer shall not in respect of any person seeking employment, or persons already in his employment discriminate against the person on grounds of gender, race, colour, ethnic origin, religion, creed, social or economic status, disability or politics". Section 63(2)(d) provides that "a worker’s employment is terminated unfairly if the only reason for the termination is the worker’s gender, race, colour, ethnicity, origin, religion, creed, social, political or economic status". The Committee requests the Government:

(a)  to clarify the meaning of the terms "politics" and "political status" and whether sections 14(e) and 63(2)(d) are intended to prohibit discrimination against a worker on the basis of his or her political opinion (i.e. his or her activities to express or demonstrate political views including membership or involvement in political parties or organizations);

(b)  to indicate whether the ground "social status" is intended to cover discriminatory treatment based on social origin (i.e. the worker’s actual or perceived membership or origin in a class, socio-occupational category, caste or similar system of social stratification);

(c)  to elaborate on the complaints procedures and remedies available for victims of discrimination and the sanctions that can be imposed for infringements of section 14(e).

2. Access to education and training. The Committee recalls its previous comments concerning the 1961 Education Act which provides that any person refusing a pupil access to an educational establishment on the ground of religion, nationality, race or language of the pupil or his or her parents shall be fined (section 22(4)). Noting from the Government’s most recent report under the Convention on the Rights of the Child (CRC/C/65/Add.34, 14 July 2005, paragraph 266) that this Act is currently under review, the Committee requests the Government to take the necessary measures to ensure that the new legislation will provide for equal access to education on all the grounds listed in Article 1(1)(a) of the Convention, including political opinion.

3. Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Labour Act defines "sexual harassment" as "any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or co-workers to a worker, whether the worker is a man or woman" (section 175), which does not appear to cover hostile environment harassment. Under section 15, a contract of employment may be terminated by the worker on the ground of sexual harassment and under section 63(3)(b) a worker’s employment is deemed to be unfairly terminated if the worker terminates the contract of employment because the employer has failed to take action on repeated complaints by the worker of sexual harassment at the workplace. Recalling that sexual harassment has serious consequences for the victims and the enterprises in which such practices exist, the Committee considers that these provisions may not provide adequate protection and remedies to victims of sexual harassment, as redress appears to be available only following repeated complaints to the employer and only to the extent that the harassed worker is entitled to leave the employment relationship. The Committee asks the Government to indicate whether sexual harassment is considered to constitute "gender discrimination" under section 14(e) of the Labour Act and to provide information on any further measures taken, in law or in practice, to prevent and address sexual harassment at work.

4. Article 2. Equality of opportunity and treatment of men and women. Recalling its previous comments concerning article 35(6)(b) of the Constitution, which provides that the State shall take appropriate measures to achieve reasonable regional and gender balance in recruitment and appointment to public offices, the Committee requests the Government to provide information on the specific measures taken or envisaged to ensure effective equality of opportunity and treatment of women in respect of recruitment in the public service. More generally, the Committee would appreciate receiving information on Ghana’s policies and programmes to promote equal opportunity and treatment of men and women in employment and occupation, as well as statistical or other information on the position of men and women in the various sectors of the labour market and the informal economy.

5. Article 3(d). Civil service. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Please indicate whether confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process.

6. Parts III and IV of the report form. Enforcement. The Committee recalls the Government’s statement that labour inspections were conducted in all establishments, including those in the free zones established under Act No. 504 of 31 August 1995, in order to ensure all workers enjoy the guarantees provided for under the Convention. In the light of new Labour Act, the Committee requests the Government to provide information on the number, nature, and outcomes of the cases involving sections 14, 63(2)(d), or 63(3)(b) of the Labour Act reported to or addressed by the labour inspectors, including in enterprises situated in free zones. The Committee also asks the Government to provide information on any relevant cases decided by the courts or the Commission on Human Rights and Administrative Justice regarding discrimination in employment or occupation.

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

1. Article 1(1) of the Convention. Sexual harassment. The Committee notes from the Government’s report that sexual harassment has been defined in the new Labour Act, 2003 as "any unwelcome offensive and importunate sexual advances or request made by an employer or superior or a co-worker to a worker whether the worker or officer is a man or a woman" (section 173 of the Labour Act). It also notes that the scope of protection under the law extends to termination of employment with sexual harassment being listed as one of the grounds of unfair termination of employment. The Committee awaits receipt of the new Labour Act and requests the Government to indicate the manner in which the law is being applied in practice to prevent and prohibit sexual harassment.

2. The Government has not responded to matters raised in the Committee’s previous direct request. The Committee is therefore obliged to repeat its request, which read as follows:

1. The Committee notes that the International Confederation of Free Trade Unions (ICFTU) has submitted a report entitled, "Internationally Recognised Core Labour Standards in Ghana" to a meeting of the Trade Policy Review Body of the World Trade Organization held on 26 and 28 February 2001. According to the report, the Cabinet of the Government accepted a proposal to ensure that women hold 40 per cent of public office positions. This measure would appear to promote application of article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". In this regard, the Committee requests the Government to supply information on the proposal and the progress made on the implementation. The Committee also recalls its previous request for more up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

2. The Committee also notes from the ICFTU report that Ghana’s Human Rights Tribunal had its first sexual harassment case in January 1999, in which a cabin attendant was fired for not accepting the sexual advances of her supervisor. The chief executive of the airline refused to pay compensation, and the Tribunal referred the case to the court for the enforcement of the judgement. The Committee would be grateful if the Government would provide information on the manner in which sexual harassment is dealt with in the country including enforcement action. It also requests the Government to continue to provide information on the activities and decisions of the Human Rights Commission and Tribunal.

3. The Committee notes the Government’s reply concerning reference to the criterion of political opinion in the Constitution of Ghana. The Government indicates that article 17(2) should be read in conjunction with article 17(3) on the definition of the word "discriminate", which includes political opinion. Although political opinion is not referred to in article 35(5) of the Constitution, articles 35(6) and (9) indicate that the principle of non-discrimination based on political opinion is not excluded. According to the Government, the guiding principle regarding grounds not explicitly mentioned in provisions of the Constitution is provided in article 33(5) which states that "the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man". The Committee thanks the Government for its reply. In this regard, the Committee recalls its request concerning the implementation of the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil or his or her parents shall be fined. In light of the explanation above, the Committee requests the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a pupil or parent.

4. The Committee notes that labour inspections are conducted in all industrial establishments including the Free Zones, provided by Act No. 504 of 31 August 1995. It therefore requests the Government to supply information on the activities and results of such labour inspections, including details of problems found in relation to discrimination and measures taken to correct them.

5. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government submitted a second report in addition to the one already submitted earlier. It welcomes the Government’s effort to provide additional and more up-to-date information.

1. The Committee notes that the International Confederation of Free Trade Unions (ICFTU) has submitted a report entitled, "Internationally Recognised Core Labour Standards in Ghana" to a meeting of the Trade Policy Review Body of the World Trade Organization held on 26 and 28 February 2001. According to the report, the Cabinet of the Government accepted a proposal to ensure that women hold 40 per cent of public office positions. This measure would appear to promote application of article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". In this regard, the Committee requests the Government to supply information on the proposal and the progress made on the implementation. The Committee also recalls its previous request for more up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

2. The Committee also notes from the ICFTU report that Ghana’s Human Rights Tribunal had its first sexual harassment case in January 1999, in which a cabin attendant was fired for not accepting the sexual advances of her supervisor. The chief executive of the airline refused to pay compensation, and the Tribunal referred the case to the court for the enforcement of the judgement. The Committee would be grateful if the Government would provide information on the manner in which sexual harassment is dealt with in the country including enforcement action. It also requests the Government to continue to provide information on the activities and decisions of the Human Rights Commission and Tribunal.

3.  The Committee notes the Government’s reply concerning reference to the criterion of political opinion in the Constitution of Ghana. The Government indicates that article 17(2) should be read in conjunction with article 17(3) on the definition of the word "discriminate", which includes political opinion. Although political opinion is not referred to in article 35(5) of the Constitution, articles 35(6) and (9) indicate that the principle of non-discrimination based on political opinion is not excluded. According to the Government, the guiding principle regarding grounds not explicitly mentioned in provisions of the Constitution is provided in article 33(5) which states that "the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man". The Committee thanks the Government for its reply. In this regard, the Committee recalls its request concerning the implementation of the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil or his or her parents shall be fined. In light of the explanation above, the Committee requests the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a pupil or parent.

4. The Committee notes that labour inspections are conducted in all industrial establishments including the Free Zones, provided by Act No. 504 of 31 August 1995. It therefore requests the Government to supply information on the activities and results of such labour inspections, including details of problems found in relation to discrimination and measures taken to correct them.

5. The Committee is obliged to reiterate once again its request for information as regards the disciplinary sanctions applicable to public servants. The Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the term "just cause" in light of the provisions of the Convention. In addition, it requests a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret 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.  The Committee observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2.  The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers’ rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3.  The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a)  As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent - a criterion not provided for by the above-mentioned Act.

(b)  As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c)  Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that for the sixth consecutive year the Government’s report has not been received. It must therefore reiterate the points made in previous comments in a new direct request which concerns application of the Convention in free zones, protection from discrimination on grounds of political opinion and promotion of equal opportunity for women in employment.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret 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. The Committee observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2. The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers' rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3. The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a) As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent -- a criterion not provided for by the above-mentioned Act.

(b) As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c) Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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. The Committee observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2. The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers' rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3. The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a) As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent -- a criterion not provided for by the above-mentioned Act.

(b) As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c) Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee observes that the Government has not sent a report. It notes with interest, however, the adoption of Act No. 456 of 6 July 1993 and Act No. 482 of 31 August 1994 establishing a Commission for Human Rights and Administrative Justice and a Public Services Commission. Recalling that the Public Services Commission has jurisdiction to appoint, recruit, promote and verify the career progress of public servants, and that the Commission for Human Rights and Administrative Justice receives, inter alia, complaints relating to the functioning of the Public Services Commission and also concerning the practices or actions of individuals, enterprises or private institutions concerning violations of the fundamental rights and freedoms enshrined in the Constitution, the Committee requests the Government to provide copies of the annual activity reports of these two bodies, in particular with regard to their duties in the fight against discrimination in employment and occupation in both the public and private sectors.

2. The Committee notes the adoption of Act No. 504 of 31 August 1995 on free zones, in particular section 34 under which, in such zones, employers shall be free to negotiate and conclude employment contracts in so far as they comply with ILO standards relating to workers' rights and working conditions. It therefore requests the Government to indicate the measures taken or envisaged to ensure that this provision of the law is applied in practice, i.e. to ensure that workers in free zones enjoy the same benefits as others in relation to the guarantees laid down in the ILO Conventions ratified by Ghana, in this case the Convention relating to equality of opportunity and treatment.

3. The Committee is obliged to reiterate once again its requests for information on the other points raised in its previous direct request.

(a) As regards the criterion of political opinion, which is one of the seven formal criteria listed in Article 1, paragraph 1(a), of the Convention, the Committee noted the fact that article 17(2) of the new Constitution omits to mention it among the grounds for discrimination which are prohibited, while article 17(3) defines discrimination as "giving different treatment to different persons attributable only or mainly to their respective descriptions by ... political opinions". The Committee therefore requests the Government to indicate whether this omission was accidental. It also requests the Government to provide information on what exactly is covered by the expression "other beliefs" used in article 35(5) of the Constitution; does it include political opinion or is it an additional prohibited criterion of discrimination? In this regard, with reference to the 1961 Education Act, which provides that any person refusing a pupil access to an establishment on the grounds of the religion, nationality, race or language of the pupil himself or of one of his parents shall be fined, the Committee would also like the Government to indicate the measures taken or envisaged to guarantee access to education and to vocational training without discrimination based on the political opinion of a parent -- a criterion not provided for by the above-mentioned Act.

(b) As regards the proportion of women working in the public service, the Committee requests the Government to provide information on the measures taken or envisaged to implement article 35(6)(b) of the Constitution which provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices"; the Government should also provide up-to-date statistics indicating whether there has in fact been an increase in the proportion of women in public employment and their distribution at the different levels of the hierarchy since the entry into force of the new Constitution.

(c) Finally, as regards the disciplinary sanctions applicable to public servants, the Committee notes that article 191(b) of the Constitution provides that no member of the public service shall be "dismissed, removed from office, reduced in rank or otherwise punished without just cause". Noting that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee requests the Government to specify the exact meaning of the terms "just cause" in the context of the Convention. In addition, it would like to obtain a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to the disciplinary procedures in case of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Are they intended to serve as a means of appeal and, if so, is the civil servant concerned entitled to take legal action?

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes, from the very brief report submitted by the Government, that it is proposed to respond to the Committee's requests as soon as the information the Government sought from competent bodies is obtained. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the new Constitution which entered into force on 7 January 1993 and the new Civil Service Law of 1 January 1993. While these enactments respond to a number of matters raised in its previous comments, the Committee requests the Government to provide full information in its next report on the following points which remain outstanding or which arise in the context of the new legislation.

2. The Committee notes that article 17(2) of the Constitution prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status, whereas subparagraph (3) defines "discriminate" to mean "to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed ...". It also notes that article 35(5) provides that "The State shall ... prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs". Observing that "political opinion", one of the grounds listed in Article 1, paragraph 1(a), of the Convention, is included in article 17(3) but not in paragraph 2 of that article, and that the phrase "other beliefs" is used in article 35(5), the Committee requests the Government to indicate whether this difference was inadvertent or aims at adding a different ground of proscribed discrimination.

3. The Committee notes that article 35(6)(b) of the Constitution provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". It asks the Government to provide details of any measures taken in this regard, together with statistical updates indicating whether there has been, in fact, an increase in the proportion of women in public employment.

4. The Committee notes that article 191(b) of the Constitution states that no member of the public service shall be "dismissed or removed from office or reduced in rank or otherwise punished without just cause" and that sections 76 and 77 of the Civil Service Law give a general definition of misconduct and list particular types of misconduct in the civil service. The Committee asks the Government to clarify what constitutes "just cause" in relation to the application of the Convention.

5. The Committee notes that, according to article 196 of the Constitution, Parliament may legislate to give the Public Services Commission power to exercise supervisory, regulatory and consultative functions in relation to entrance and promotion examinations, recruitment and appointments to and within the public services and to establish standards and guidelines on the terms and conditions of employment in the public services. Since the Committee had, in its previous comments, noted that paragraph 125 of the 1989 Report on the Restructuring of the Public Services Commission made provision for the verification of information and/or security checks on applicants, and had therefore asked for details on these procedures in the light of Article 4 of the Convention, it requests the Government to indicate the status of the Public Service Commission's powers under the new Constitution. It would also appreciate receiving copies of any regulations or administrative instructions concerning the criteria affecting access to public employment generally, apart from civil service posts which are regulated by Part VIII of the new Civil Service Law.

6. The Committee notes that section 81(2) of the Civil Service Law provides that regulations for the conduct of disciplinary proceedings in cases of misconduct or unsatisfactory service of a civil servant should specify that no major penalty shall be imposed on a civil servant unless it has been confirmed by the appropriate authority, and that subsection (e) enables the accused in any proceeding to appeal against a decision involving the imposition of a penalty provided that it is not a decision that requires confirmation under (d). The Committee requests the Government to indicate whether any regulations have been made in accordance with section 81, and, if so, to provide a copy. It also asks the Government to clarify the nature of the confirmation required from the Civil Service Council in the case of major penalties, where it appears that no appeal is allowed (for example, whether the confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process).

7. The Committee notes that article 216 of the Constitution provides for the creation of a Commission on Human Rights and Administrative Justice within six months of Parliament's first meeting after the coming into force of the Constitution. The duties of this body include "to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the armed forces, the police service and the prisons service in so far as the complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services" (article 218(b)) and "to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution" (article 218(c)). The Committee requests the Government to indicate whether the Commission on Human Rights and Administrative Justice has been established and to supply information on any cases investigated under article 218(b) or (c) which are relevant to the elimination of discrimination in employment as laid down by the Convention.

8. In earlier requests, the Committee had requested copies of any judgement handed down by virtue of section 22(4) of the Education Act, 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language of the pupil himself or one of the pupil's parents, and had asked what measures existed to ensure access to education and training without discrimination on the basis of the parents' political opinion which is not mentioned in the 1961 Act. The Committee requests the Government to indicate any texts of relevance to this point in its future reports.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. Referring to its observation, the Committee notes the new Constitution which entered into force on 7 January 1993 and the new Civil Service Law of 1 January 1993. While these enactments respond to a number of matters raised in its previous comments, the Committee requests the Government to provide full information in its next report on the following points which remain outstanding or which arise in the context of the new legislation.

2. The Committee notes that article 17(2) of the Constitution prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status, whereas subparagraph (3) defines "discriminate" to mean "to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed ...". It also notes that article 35(5) provides that "The State shall ... prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs". Observing that "political opinion", one of the grounds listed in Article 1, paragraph 1(a), of the Convention, is included in article 17(3) but not in paragraph 2 of that article, and that the phrase "other beliefs" is used in article 35(5), the Committee requests the Government to indicate whether this difference was inadvertent or aims at adding a different ground of proscribed discrimination.

3. The Committee notes that article 35(6)(b) of the Constitution provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". It asks the Government to provide details of any measures taken in this regard, together with statistical updates indicating whether there has been, in fact, an increase in the proportion of women in public employment.

4. The Committee notes that article 191(b) of the Constitution states that no member of the public service shall be "dismissed or removed from office or reduced in rank or otherwise punished without just cause" and that sections 76 and 77 of the Civil Service Law give a general definition of misconduct and list particular types of misconduct in the civil service. The Committee asks the Government to clarify what constitutes "just cause" in relation to the application of the Convention.

5. The Committee notes that, according to article 196 of the Constitution, Parliament may legislate to give the Public Services Commission power to exercise supervisory, regulatory and consultative functions in relation to entrance and promotion examinations, recruitment and appointments to and within the public services and to establish standards and guidelines on the terms and conditions of employment in the public services. Since the Committee had, in its previous comments, noted that paragraph 125 of the 1989 Report on the Restructuring of the Public Services Commission made provision for the verification of information and/or security checks on applicants, and had therefore asked for details on these procedures in the light of Article 4 of the Convention, it requests the Government to indicate the status of the Public Service Commission's powers under the new Constitution. It would also appreciate receiving copies of any regulations or administrative instructions concerning the criteria affecting access to public employment generally, apart from civil service posts which are regulated by Part VIII of the new Civil Service Law.

6. The Committee notes that section 81(2) of the Civil Service Law provides that regulations for the conduct of disciplinary proceedings in cases of misconduct or unsatisfactory service of a civil servant should specify that no major penalty shall be imposed on a civil servant unless it has been confirmed by the appropriate authority, and that subsection (e) enables the accused in any proceeding to appeal against a decision involving the imposition of a penalty provided that it is not a decision that requires confirmation under (d). The Committee requests the Government to indicate whether any regulations have been made in accordance with section 81, and, if so, to provide a copy. It also asks the Government to clarify the nature of the confirmation required from the Civil Service Council in the case of major penalties, where it appears that no appeal is allowed (for example, whether the confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process).

7. The Committee notes that article 216 of the Constitution provides for the creation of a Commission on Human Rights and Administrative Justice within six months of Parliament's first meeting after the coming into force of the Constitution. The duties of this body include "to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the armed forces, the police service and the prisons service in so far as the complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services" (article 218(b)) and "to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution" (article 218(c)). The Committee requests the Government to indicate whether the Commission on Human Rights and Administrative Justice has been established and to supply information on any cases investigated under article 218(b) or (c) which are relevant to the elimination of discrimination in employment as laid down by the Convention.

8. In earlier requests, the Committee had requested copies of any judgement handed down by virtue of section 22(4) of the Education Act, 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language of the pupil himself or one of the pupil's parents, and had asked what measures existed to ensure access to education and training without discrimination on the basis of the parent's political opinion which is not mentioned in the 1961 Act. The Committee requests the Government to indicate any texts of relevance to this point in its future reports.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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. Referring to its observation, the Committee notes the new Constitution which entered into force on 7 January 1993 and the new Civil Service Law of 1 January 1993. While these enactments respond to a number of matters raised in its previous comments, the Committee requests the Government to provide full information in its next report on the following points which remain outstanding or which arise in the context of the new legislation.

2. The Committee notes that article 17(2) of the Constitution prohibits discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status, whereas subparagraph (3) defines "discriminate" to mean "to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed ...". It also notes that article 35(5) provides that "The State shall ... prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs". Observing that "political opinion", one of the grounds listed in Article 1, paragraph 1(a), of the Convention, is included in article 17(3) but not in paragraph 2 of that article, and that the phrase "other beliefs" is used in article 35(5), the Committee requests the Government to indicate whether this difference was inadvertent or aims at adding a different ground of proscribed discrimination.

3. The Committee notes that article 35(6)(b) of the Constitution provides that the State shall take appropriate measures to "achieve reasonable regional and gender balance in recruitment and appointment to public offices". It asks the Government to provide details of any measures taken in this regard, together with statistical updates indicating whether there has been, in fact, an increase in the proportion of women in public employment.

4. The Committee notes that article 191(b) of the Constitution states that no member of the public service shall be "dismissed or removed from office or reduced in rank or otherwise punished without just cause" and that sections 76 and 77 of the Civil Service Law give a general definition of misconduct and list particular types of misconduct in the civil service. The Committee asks the Government to clarify what constitutes "just cause" in relation to the application of the Convention.

5. The Committee notes that, according to article 196 of the Constitution, Parliament may legislate to give the Public Services Commission power to exercise supervisory, regulatory and consultative functions in relation to entrance and promotion examinations, recruitment and appointments to and within the public services and to establish standards and guidelines on the terms and conditions of employment in the public services. Since the Committee had, in its previous comments, noted that paragraph 125 of the 1989 Report on the Restructuring of the Public Services Commission made provision for the verification of information and/or security checks on applicants, and had therefore asked for details on these procedures in the light of Article 4 of the Convention, it requests the Government to indicate the status of the Public Service Commission's powers under the new Constitution. It would also appreciate receiving copies of any regulations or administrative instructions concerning the criteria affecting access to public employment generally, apart from civil service posts which are regulated by Part VIII of the new Civil Service Law.

6. The Committee notes that section 81(2) of the Civil Service Law provides that regulations for the conduct of disciplinary proceedings in cases of misconduct or unsatisfactory service of a civil servant should specify that no major penalty shall be imposed on a civil servant unless it has been confirmed by the appropriate authority, and that subsection (e) enables the accused in any proceeding to appeal against a decision involving the imposition of a penalty provided that it is not a decision that requires confirmation under (d). The Committee requests the Government to indicate whether any regulations have been made in accordance with section 81, and, if so, to provide a copy. It also asks the Government to clarify the nature of the confirmation required from the Civil Service Council in the case of major penalties, where it appears that no appeal is allowed (for example, whether the confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process).

7. The Committee notes that article 216 of the Constitution provides for the creation of a Commission on Human Rights and Administrative Justice within six months of Parliament's first meeting after the coming into force of the Constitution. The duties of this body include "to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the armed forces, the police service and the prisons service in so far as the complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services" (article 218(b)) and "to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution" (article 218(c)). The Committee requests the Government to indicate whether the Commission on Human Rights and Administrative Justice has been established and to supply information on any cases investigated under article 218(b) or (c) which are relevant to the elimination of discrimination in employment as laid down by the Convention.

8. In earlier requests, the Committee had requested copies of any judgement handed down by virtue of section 22(4) of the Education Act, 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language of the pupil himself or one of the pupil's parents, and had asked what measures existed to ensure access to education and training without discrimination on the basis of the parent's political opinion which is not mentioned in the 1961 Act. The Committee requests the Government to indicate any texts of relevance to this point in its future reports.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read, in the pertinent part, as follows:

1. The Committee notes the entry into force, on 7 January 1993, of the new Constitution of 28 April 1992, and the new Civil Service Act of 1 January 1993. (...) 3. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention in practice throughout the country. 4. The Committee is addressing a request directly to the Government on certain other points concerning the new Constitution and the Civil Service Act.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the entry into force, on 7 January 1993, of the new Constitution of 28 April 1992, and the new Civil Service Act of 1 January 1993.

2. With reference to its previous observations, the Committee notes with satisfaction that the provisions in the Civil Service Act, 1960, which had allowed the President to dismiss a civil servant without an appeal, have not been included in the new Civil Service Act.

3. The Committee requests the Government to inform it how the present security situation is affecting the application of the Convention in practice throughout the country.

4. The Committee is addressing a request directly to the Government on certain other points concerning the new Constitution and the Civil Service Act.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee again hopes that the Government will soon provide full information on the following points previously raised.

(i) The Committee has noted that under section 1(1)(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

(ii) The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22(4)) is still in force. It also has noted section 1(1)(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33(1)(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22(4) of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

(iii) By virtue of section 40(1) and (3) of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

2. In its previous comments, the Committee had noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It had also noted section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37(3)(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee had requested the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

The Committee notes the extract of the Report on the Restructuring of the Public Services Commission, supplied by the Government. The Committee requests the Government to indicate whether the provisions contained in this Report have been implemented. While noting that procedures are set out in the report for the recruitment of public officials, the Committee requests the Government to provide information concerning the criteria of recruitment which, as was noted previously, are laid down by the Public Services Commission and adopted by the National Defence Council. In particular, the Committee requests the Government to indicate the conditions and criteria under which applicants may be excluded from employment pursuant to paragraph 125 of the Report, which concerns the verification of information and/or security checks on applicants. In this regard the Committee refers to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation which indicate the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes from the Government's brief report that the comments of this Committee concerning the recommendations to facilitate the amendment of the Civil Service Act of 1960 and Regulation 60(1) of the Civil Service (Interim) Regulations, 1960 are under discussion. As no more specific information has been provided, the Committee is obliged to repeat its previous comments which read as follows:

1. In comments made since 1967, the Committee has noted that under section 32 of the Civil Service Act, 1960, the President may dismiss or remove any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(1) of the Civil Service (Interim) Regulations 1960, there shall be no appeal against a decision of this sort which is taken or confirmed by the President. Accordingly, the Committee has requested that measures be taken, both as regards legal grounds for dismissal and regarding channels of appeal so as to ensure that civil servants are not discriminated against on any of the grounds covered by the Convention. For many years, the Government has reiterated that the question of civil servants' right of appeal was being studied by the Public Services Commission and the Attorney-General's Office. The Committee noted the Government's statement that the Constitution is the supreme law of the country and that any other law found to be inconsistent with any provision of the Constitution shall, to the extent of the inconsistency, be void and of no effect. The Government also stated that in view of the constitutional provision which safeguards the liberty of the individual, a dismissed civil servant may seek redress from the courts. The Government further indicates that there are cases relevant to this matter, notably those of Sallah v. the Attorney-General 1970 (already referred to by the Government in the discussion on this matter by the Conference Committee in 1983) and Owusu Afriyie v. State Hotels 1977. The former case concerned a civil servant (who was one of 560 dismissed public officers) whose dismissal was annulled by the court. In respect of the latter case, the Governmment indicated only that the dismissed plaintiff sued in the High Court and won her case. In the absence of copies of the decisions cited and of any indication as to the particular terms of the constitutional provision referred to by the Government, the Committee is unable to ascertain whether dismissed civil servants are guaranteed adequate channels of appeal. The Committee recalls, in this regard, that the 1979 Constitution (which was suspended by the National Defence Council (Establishment) Proclamation 1981) was formally abrogated by section 66(1) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law. (PNDCL Law 42 of 1981.) However, even if a right of appeal were guaranteed under the Constitution, that cannot be considered to be sufficient in itself to guarantee equality of opportunity and treatment under the Convention. The problems often encountered in remedial procedures - such as the cost, the difficulties with the burden of proof, the fear of initiating proceedings alone and that of exposure to reprisals - may effectively deter many civil servants from pursuing this course. Indeed, the Committee considers it significant that apparently only one civil servant out of 560 dismissed public officials sought to bring an action before the courts. Accordingly, it is of paramount importance that the Government take steps to amend without delay section 32 of the Civil Service Act 1960 to ensure that civil servants not be subject to discrimination concerning their dismissal or removal from employment on the grounds of race, sex, religion, political opinion, national extraction or social origin. In addition, the Committee urges the Government to amend Regulation 60(1) of the Civil Service (Interim) Regulations, 1960, to guarantee civil servants the right of appeal in all cases of dismissal or removal from employment. 2. In its previous comments, the Committee had noted the Government's statement that steps were being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee also recalled the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. The Committee notes that the Government has not provided any further information on this matter. Accordingly, the Committee recalls the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports, the action taken in pursuance of a policy to promote equality and eliminate discrimination; and hopes that the Government will provide the details called for in a direct request which the Committee is again addressing to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its observation on the Convention.

1. The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee again hopes that the Government will soon provide full information on the following points previously raised:

(i) The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

(ii) The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

(iii) By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

2. In its previous comments, the Committee had noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It had also noted section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee had requested the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

The Committee notes the extract of the Report on the Restructuring of the Public Services Commission, supplied by the Government with its report. The Committee requests the Government to indicate whether the provisions contained in this Report have been implemented. While noting that procedures are set out in the report for the recruitment of public officials, the Committee requests the Government to provide information concerning the criteria of recruitment which, as was noted previously, are laid down by the Public Services Commission and adopted by the National Defence Council. In particular, the Committee requests the Government to indicate the conditions and criteria under which applicants may be excluded from employment pursuant to paragraph 125 of the Report, which concerns the verification of information and/or security checks on applicants. In this regard the Committee refers to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation which indicate the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's reply that the National Advisory Committee on Labour has begun discussion on the comments of this Committee and would soon come out with recommendations to facilitate the amendment of the Civil Service Act of 1960 and Regulation 60(1) of the Civil Service (Interim) Regulations 1960. As no more specific information was provided, the Committee is obliged to repeat its previous comments which read as follows:

1. In comments made since 1967, the Committee has noted that under section 32 of the Civil Service Act, 1960, the President may dismiss or remove any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(1) of the Civil Service (Interim) Regulations 1960, there shall be no appeal against a decision of this sort which is taken or confirmed by the President. Accordingly, the Committee has requested that measures be taken, both as regards legal grounds for dismissal and regarding channels of appeal so as to ensure that civil servants are not discriminated against on any of the grounds covered by the Convention. For many years, the Government has reiterated that the question of civil servants' right of appeal was being studied by the Public Services Commission and the Attorney-General's Office. The Committee now notes the statement in the Government's most recent report that the Constitution is the supreme law of the country and that any other law found to be inconsistent with any provision of the Constitution shall, to the extent of the inconsistency, be void and of no effect. The Government also states that in view of the constitutional provision which safeguards the liberty of the individual, a dismissed civil servant may seek redress from the courts. The report indicates that there are cases relevant to this matter, notably those of Sallah vs. the Attorney-General 1970 (already referred to by the Government in the discussion on this matter by the Conference Committee in 1983) and Owusu Afriyie vs. State Hotels 1977. The former case concerned a civil servant (who was one of 560 dismissed public officers) whose dismissal was annulled by the court. In respect of the latter case, the report indicates only that the dismissed plaintiff sued in the High Court and won her case. In the absence of copies of the decisions cited and of any indication as to the particular terms of the constitutional provision referred to by the Government, the Committee is unable to ascertain whether dismissed civil servants are guaranteed adequate channels of appeal. The Committee recalls, in this regard, that the 1979 Constitution (which was suspended by the National Defence Council (Establishment) Proclamation 1981) was formally abrogated by section 66(1) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law. (PNDCL Law 42 of 1981.) However, even if a right of appeal were guaranteed under the Constitution, that cannot be considered to be sufficient in itself to guarantee equality of opportunity and treatment under the Convention. The problems often encountered in remedial procedures - such as the cost, the difficulties with the burden of proof, the fear of initiating proceedings alone and that of exposure to reprisals - may effectively deter many civil servants from pursuing this course. Indeed, the Committee considers it significant that apparently only one civil servant out of 560 dismissed public officials sought to bring an action before the courts. Accordingly, it is of paramount importance that the Government take steps to amend without delay section 32 of the Civil Service Act 1960 to ensure that civil servants not be subject to discrimination concerning their dismissal or removal from employment on the grounds of race, sex, religion, political opinion, national extraction or social origin. In addition, the Committee urges the Government to amend regulation 60(1) of the Civil Service (Interim) Regulations 1960 to guarantee civil servants the right of appeal in all cases of dismissal or removal from employment. 2. In its previous comments, the Committee had noted the Government's statement in its report that steps were being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee also recalled the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. The Committee notes that the Government has not provided any further information on this matter. Accordingly, the Committee recalls the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports, the action taken in pursuance of a policy to promote equality and eliminate discrimination; and hopes that the Government will provide the details called for in a direct request which the Committee is again addressing to the Government.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee refers to its observation on the Convention.

1. The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee again hopes that the Government will soon provide full information on the following points previously raised.

(i) The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

(ii) The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

(iii) By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

2. In its previous comments, the Committee had noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It had also noted section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee had requested the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

The Committee notes the extract of the Report on the Restructuring of the Public Services Commission, supplied by the Government with its report. The Committee requests the Government to indicate whether the provisions contained in this Report have been implemented. While noting that procedures are set out in the report for the recruitment of public officials, the Committee requests the Government to provide information concerning the criteria of recruitment which, as was noted previously, are laid down by the Public Services Commission and adopted by the National Defence Council. In particular, the Committee requests the Government to indicate the conditions and criteria under which applicants may be excluded from employment pursuant to paragraph 125 of the Report, which concerns the verification of information and/or security checks on applicants. In this regard the Committee refers to paragraphs 134 to 138 of its 1988 General Survey on Equality in Employment and Occupation which indicate the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In comments made since 1967, the Committee has noted that under section 32 of the Civil Service Act, 1960, the President may dismiss or remove any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(1) of the Civil Service (Interim) Regulations 1960, there shall be no appeal against a decision of this sort which is taken or confirmed by the President. Accordingly, the Committee has requested that measures be taken, both as regards legal grounds for dismissal and regarding channels of appeal so as to ensure that civil servants are not discriminated against on any of the grounds covered by the Convention. For many years, the Government has reiterated that the question of civil servants' right of appeal was being studied by the Public Services Commission and the Attorney-General's Office.

The Committee now notes the statement in the Government's most recent report that the Constitution is the supreme law of the country and that any other law found to be inconsistent with any provision of the Constitution shall, to the extent of the inconsistency, be void and of no effect. The Government also states that in view of the constitutional provision which safeguards the liberty of the individual, a dismissed civil servant may seek redress from the courts. The report indicates that there are cases relevant to this matter, notably those of Sallah vs. the Attorney-General 1970 (already referred to by the Government in the discussion on this matter by the Conference Committee in 1983) and Owusu Afriyie vs. State Hotels 1977. The former case concerned a civil servant (who was one of 560 dismissed public officers) whose dismissal was annulled by the court. In respect of the latter case, the report indicates only that the dismissed plaintiff sued in the High Court and won her case.

In the absence of copies of the decisions cited and of any indication as to the particular terms of the constitutional provision referred to by the Government, the Committee is unable to ascertain whether dismissed civil servants are guaranteed adequate channels of appeal. The Committee recalls, in this regard, that the 1979 Constitution (which was suspended by the National Defence Council (Establishment) Proclamation 1981) was formally abrogated by section 66(1) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law. (PNDCL Law 42 of 1981.) However, even if a right of appeal were guaranteed under the Constitution, that cannot be considered to be sufficient in itself to guarantee equality of opportunity and treatment under the Convention. The problems often encountered in remedial procedures - such as the cost, the difficulties with the burden of proof, the fear of initiating proceedings alone and that of exposure to reprisals - may effectively deter many civil servants from pursuing this course. Indeed, the Committee considers it significant that apparently only one civil servant out of 560 dismissed public officials sought to bring an action before the courts. Accordingly, it is of paramount importance that the Government take steps to amend without delay section 32 of the Civil Service Act 1960 to ensure that civil servants not be subject to discrimination concerning their dismissal or removal from employment on the grounds of race, sex, religion, political opinion, national extraction or social origin. In addition, the Committee urges the Government to amend regulation 60(1) of the Civil Service (Interim) Regulations 1960 to guarantee civil servants the right of appeal in all cases of dismissal or removal from employment.

2. In its previous comments, the Committee had noted the Government's statement in its report that steps were being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee also recalled the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. The Committee notes that the Government has not provided any further information on this matter. Accordingly, the Committee recalls the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports, the action taken in pursuance of a policy to promote equality and eliminate discrimination; and hopes that the Government will provide the details called for in a direct request which the Committee is again addressing to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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:

The Committee refers to its observation on the Convention.

The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee hopes that the Government will soon provide full information on the following points previously raised.

1. The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

2. The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

3. The Committee has noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It also takes note of section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee requests the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

4. By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

REPETITION

START OF REPETITION

The Committee notes the Government's report for the period ending June 1988. 1. In its previous comments, the Committee noted that under section 32 of the Civil Service Act, 1960, the President may dismiss any civil servant if he is satisfied that it is in the public interest to do so and that under regulation 60(i) of the Civil Service (Interim) Regulations, 1960, there shall be no appeal against a decision of this sort taken by the President. In its report, the Government states that the issue of channels of appeal available to dismissed civil servants is still receiving due attention. The Committee wants to hope that the necessary action will be soon taken, both as regards legal grounds for dismissal and regarding channels of appeal, to ensure that no civil servant is discriminated in his employment on the basis of his race, colour, sex, religion, political opinion, national extraction or social origin, and that the Government will indicate the specific measures taken or under consideration to this end. 2. The Committee notes the Government's statement in its report that steps are being taken to reconstitute the "National Advisory Committee on Labour" to finalise examination of the Committee's outstanding comments. The Committee however previously noted the indication given by the Government to the Conference Committee in 1986 that the "National Labour Advisory Committee" had been reconstituted in July 1985, and was examining outstanding comments of the Committee. Recalling the obligations of the Government under Article 3(f) of the Convention to indicate in regular reports action taken in pursuance of a policy to promote equality and eliminate discrimination, the Committee hopes that the Government will soon be able to provide the details called for in a direct request which the Committee is again addressing to the Government.