Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Barbade (Ratification: 1974)

Legislative developments. The Committee recalls that the legislation does not provide adequate protection against discrimination based on all the grounds set out in Article 1(1)(a) of the Convention. It also recalls the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, which indicated that the Employment Rights Bill would address direct and indirect discrimination in employment and occupation based on race, colour, gender, religion, political opinion, national extraction, marital status, indigenous origin and social origin. Noting the Government’s statement that the Employment Rights Bill is now at an advanced state of drafting, the Committee hopes that the Bill will soon be enacted and include a comprehensive definition of discrimination that recognizes all the grounds enumerated in the Convention and addresses direct and indirect discrimination in employment and occupation. Please provide a copy of the new legislation once adopted.

Sexual harassment. The Committee recalls that the Employment Rights Bill does not contain a provision explicitly providing protection against sexual harassment. The Committee further notes the Government’s brief statement that discussions have been held with stakeholders on draft sexual harassment legislation. The Committee draws the attention of the Government to its obligation under the Convention to address all forms of sex discrimination, including sexual harassment, in an effective manner. The Committee asks the Government to step up its efforts to adopt legislation providing protection against sexual harassment, taking into account the elements set out in the 2002 general observation on this Convention, and to consider incorporating provisions on sexual harassment in the Employment Rights Bill. It requests the Government to provide information on any progress made in this respect.

Discrimination on the grounds of race, colour and national extraction. The Committee recalls its previous request for information, including statistics, on the labour market situation of the different “racial” groups, and their employment levels in the public and private sectors, in light of concerns expressed regarding racism in the country. The Committee notes the Government’s very brief reply that such information should be provided by the Manpower Research and Statistical Unit of the Ministry of Labour and Civil Service. The Committee draws the attention of the Government to Article 3(f) of the Convention, pursuant to which it is required to indicate in its reports on the application of the Convention the action taken in pursuance of its equality policy with respect to, among others, the grounds of race, colour and national extraction, and the results secured by such action. The Committee therefore urges the Government to make every effort to collect, analyse (through studies or otherwise) and supply information, including statistics, on the labour market situation of the different groups protected under the Convention, and the action undertaken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction and eliminate discrimination in employment and occupation based on these grounds.

Article 1(1)(b) of the Convention. Additional grounds of discrimination. HIV/AIDS. The Committee notes with interest the “Code of practices on HIV/AIDS and other life-threatening illnesses in the workplace” developed by the Social Partners and the Ministry of Labour, for the public service. The Committee requests the Government to provide information on the measures taken to promote the code of practices at the workplace level and their impact on preventing and eliminating discrimination based on HIV/AIDS in employment and occupation. Please also continue to provide information on any initiatives and active participation of the social partners in updating and defining newly recognized grounds of discrimination.

Articles 2 and 3. National policy to promote gender equality. The Committee recalls its previous comments in which it had noted the significant occupational gender segregation, with women being confined primarily to a limited range of occupations. It had also noted the various initiatives set out in the Government’s report to promote gender equality, including the drafting of a national gender policy through an inclusive consultative approach. The Committee notes that the Government’s report does not contain any information on any progress made or any results secured by the gender equality initiatives mentioned previously. The Committee requests the Government to provide full information on the outcome of the consultations and the status of the national gender policy. The Committee also reiterates its requests for information on the impact of the gender equality initiatives, and on the measures taken or envisaged to promote access of women to a wider range of occupations.