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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Jamaica (Ratification: 1975)

1. The Committee notes the Government’s report and wishes to offer guidance to help the Government prepare future reports in a manner that will allow both the Government and the Committee to better assess the application of the Convention. The Committee draws the Government’s attention to the report form’s practical guidance for drawing up subsequent reports. On this basis, the Government is requested in the future to provide full information on the following:

(a)   new legislation or other measures affecting the application of the Convention;

(b)   questions in the report form on the practical application of the Convention (for example statistics, results of inspections, judicial or administrative decisions) and on the communication of copies of the Government’s report to the representative employers’ and workers’ organizations; and

(c)   the specific comments of the supervisory bodies (Committee of Experts and, if applicable, the Conference Committee on the Application of Standards).

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest the adoption of a national workplace policy on HIV/AIDS which incorporates the principles on HIV/AIDS and the world of work as suggested by the ILO. It notes the Government’s indication that the policy seeks to promote non-discrimination in employment and occupation on the basis of real or perceived HIV status. The Committee requests the Government to provide details in future reports concerning developments with respect to the practical application of its workplace policy on HIV/AIDS and, in particular, on protection offered to persons infected with HIV or living with AIDS who have been or may be discriminated against in employment and occupation.

3. The Committee notes that the Government’s report does not address any of the matters raised in its previous direct request. It hopes the Government will make every effort to include information in its next report on the following points.

4. Sexual harassment. The Committee notes the information provided by the Government in response to the questions of the Committee on the Elimination of Discrimination against Women (CEDAW/C/JAM/Q/5/Add.1, 15 June 2006). It notes that the Government still has not adopted legislation prohibiting sexual harassment in the workplace. The Government indicates, however, that a draft policy document is presently under discussion, which is expected to lead to legislation covering employment, education and health institutions. The Committee shares CEDAW’s concern about the absence of legislation prohibiting sexual harassment in the workplace and asks the Government to provide information regarding any legislative or policy developments in this area, as well as regarding any practical efforts, both in the public and the private sectors, to raise awareness about sexual harassment at work and to prevent sexual harassment and to address it appropriately when it occurs.

5. Discrimination on the basis of sex. The Committee recalls that previously reported efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex did not result in any such amendment, and it asks the Government if such efforts are continuing.

6. Promoting equality of opportunity and treatment between men and women. The Committee notes from the Government’s responses to CEDAW that the labour force participation rate of women in 2004 was 55.8 per cent as compared to 73.3 per cent for men, and that the unemployment rate in the same year for women was 16.4 per cent versus 7.9 per cent among men (CEDAW/C/JAM/Q/5/Add.1, page 14). Furthermore, women continued to dominate in professions such as teaching and nursing, which are not highly paid. The Committee notes the concern of CEDAW that despite high educational qualifications, women continue to be underpaid and underemployed and face horizontal and vertical segregation in the labour market (CEDAW/C/JAM/CO/5, paragraph 33). This situation notwithstanding, the Committee recalls that the Gender and Social Equity Steering Committee’s recommendation to create a preparatory commission to finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders was not implemented due to lack of funding. The Committee asks the Government how it is exploring ways of following up on this important recommendation in the future. The Committee also requests the Government to provide information on any progress being made, pursuant to the 1998-2002 Corporate Plan or otherwise, in the employment situation of women, including the promotion of women in employment at middle, senior and executive management levels in the private and public sectors. Please also provide further specific information on the activities of the Steering Committee with regard to the promotion of equality of opportunity and treatment in employment and occupation.

7. The Committee recalls that the Bureau of Women’s Affairs (BWA) and the Centre for Gender and Development, in cooperation with other women’s NGOs, are involved in the promotion of public education initiatives relating to gender roles and gender stereotyping. The Committee asks the Government to provide specific information on these education efforts particularly as they relate to employment, as well as information on any continuing monitoring efforts undertaken by the BWA.

8. Article 3(e). Vocational training. The Committee recalls the Government’s efforts relating to vocational training, including: (1) the participation by the Human Employment and Resources Training/National Training Agency (HEART/NTA) (in cooperation with the Inter-American Bank) in the Non-traditional Skills Training for Low-Income Women Project, which trains young women in non-traditional occupations; and (2) the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes. The Committee requests the Government to provide detailed information about these efforts, including the number of women involved, disaggregated by ethnicity where possible, and details of the training activities. At the same time, the Committee reiterates its interest in receiving specific information regarding efforts the Government is or might be taking to encourage men as well as women to enrol in non-traditional skills training.

9. The Committee recalls the Government’s launching of a comprehensive training programme for disabled persons the goals of which are to train and equip disabled persons with skills in information technology and to ensure their full integration into the job market, as well as their inclusion in national development. The Committee also recalls the efforts by HEART/NTA to include disabled persons in its traditional skills training programmes. In light of the Government’s particular efforts in the area of vocational training, the Committee asks it to provide information about any other efforts to eliminate discrimination in training, not only based on sex and disability, but also based on the other grounds covered by the Convention.

10. Part V of the report form. Statistics. The Committee asks the Government to provide statistics on employment and vocational training along with its next report, disaggregated at least by sex, race and religion, in order to be able to assess the labour market situation of all groups in society and the need, if any, for taking special measures to promote equality.