Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Dominique (Ratification: 1983)

The Committee notes the Government's first and second reports on the application of the Convention.

1. The Committee notes that article 13(1) of the Constitution, read together with article 13(4) and (7), excludes from the prohibition of discrimination laws which make provision, inter alia, for the appropriation of public revenues or other public funds, with respect to non-citizens, or whereby persons, against whom discrimination is otherwise prohibited, may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and the special circumstances pertaining to those persons, is reasonably justifiable in a democratic society, or laws that provide for the restrictions authorised by other sections of the Constitution relating to freedom from search, freedom of conscience, freedom of expression, freedom of assembly or freedom of movement (articles 7(2), 9(5), 10(2), 11(2) and 12(3)(a), (b) or (h) of the Constitution).

The Committee requests the Government to communicate in its next report information on the scope and practical application of article 13(4) and (7) of the Constitution with respect to subjects relating to equality of opportunity and treatment in employment and occupation (such as publicly funded training and employment programmes; extension of non-discriminatory employment benefits to persons lawfully working in Dominica but who are not citizens; nature of discriminatory disabilities or restrictions which may be considered reasonably justified in a democratic society).

2. The Committee notes that section 24 of the Labour Standards Act, 1977, provides for equal remuneration between men and women workers and that section 10(d) of the Protection of Employment Act, 1977, as amended, prohibits the termination of employment on any of the grounds mentioned in Article 1(a) of the Convention. The Committee requests the Government to indicate in its next report how and by which provisions the Convention's provisions prohibiting discrimination are applied - in particular in the private sector - with regard to terms and conditions of employment other than termination, such as recruitment and promotion.

3. The Committee notes the statement that the national policy to promote equality of opportunity and treatment in respect of employment and occupation is implemented through the monitoring by the Labour Division of agreements between employers and workers, and through the aggrieved person's access to the courts. The Committee requests the Government to supply more detailed information on the general methods by which this policy is being implemented and on any affirmative action taken in practice to eliminate all kinds of discrimination based on the grounds mentioned by the Convention with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment, as provided for in the report form for the Convention, under Articles 2 and 3. With regard to education and vocational training, the Committee would appreciate further details on the public addresses and seminars held by government officials as well as information on the "skills training programme" mentioned in the report and on the implementation of sections 3, 9 and 12 of the Employment and Training Act, 1976. Please provide also information on the results achieved, including statistical data.

4. The Committee notes that section 3 of the Pensions (Amendment) Act, 1978, concerning free secondary education for dependants of certain officials, provides that for female dependants free education shall cease upon the marriage of such dependants. Referring to paragraph 120 of its 1988 General Survey on Equality in Employment and Occupation the Committee hopes that appropriate measures will be taken to ensure equality of access to free secondary education for both male and female dependants of employed persons and to eliminate discrimination in this respect based on sex.

5. The Committee notes that under sections 57 and 58 of the Police Regulations, 1976, "police women should specialise in work for which they, as women, are best suited". The Committee requests the Government to indicate whether police women may be employed on duties other than those mentioned in sections 57 and 58.

6. The Committee notes the Government's reference to sections 3, 4, 5 and 6 of the State Security Act of 1984, with regard to the application of Article 4 of the Convention. It requests the Government to include in its next report particulars on the right to appeal of the persons concerned, in as far as the application of these sections of the State Security Act have a bearing on equality of opportunity and treatment in employment and occupation.