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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Antigua and Barbuda (Ratification: 1983)

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. Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Government was considering the drafting of an equal opportunity and equal pay legislation. It also noted the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) concluding observations that expressed concern on differences of treatment and opportunities for women in the labour market. The Committee notes that in its last report the Government declares that there is no need for any new legislation since “there is already adequate machinery in place as to equal pay, by practice and by law”. The Committee reminds the Government that the banning of discrimination is generally insufficient to eliminate it in actual practice and that equality of opportunity in employment and occupation has a wider scope than equal pay, therefore, affirmative measures may be necessary to eliminate de facto inequalities and enable members of vulnerable groups to work on an equal basis in all sectors of activities and occupations, at all levels of responsibility (see General Survey on equality in employment and occupation, 1988, paragraph 166). In this regard, the Committee notes with interest the strategic plan of 2001 developed by the Gender Affairs Department. The Committee asks the Government to supply information on the results obtained by the implementation of the activities in the plan, and if the Government has taken or envisages to take new initiatives in this regard. In particular, the Committee would appreciate receiving information on measures taken to promote women’s access to non-traditional occupations.

2. Statistics. Once again, the Committee requests the Government to supply information, including statistical data, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility.

3. National extraction and social origin. The Committee noted several times that the grounds of discrimination of national extraction and social origin are not expressly banned in the Constitution and in the Labour Code. It also noted the Government’s reports which declared that no discrimination on such grounds takes place within the country. The Committee is concerned over this omission in the application of the Convention and once again requests the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited and to indicate the manner in which workers are protected from discrimination for such reasons in practice.

4. Public sector. The Committee has noted several times that section A6(2) of the Labour Code explicitly excludes from the scope of its coverage established employees of the Government, persons in the naval military or air force of the Government, the police force and persons holding diplomatic status. In a previous report, the Government indicated that such categories are covered by the Civil Service Act and the Civil Service Regulation, but the copies have not been supplied as requested. The Committee hopes that the Government will provide a response on the point raised in its previous direct requests regarding the manner in which such categories of workers are protected against discrimination in employment and occupation and that it will supply a copy of such legislation.

5. Part IV of the report form. The Committee notes the case of discrimination submitted to the labour court and reported by the Government in its last report. The Committee asks the Government to continue keep supplying information on cases of alleged discrimination, indicating the nature of the discrimination alleged in each case and the outcomes. Once again, it also requests the Government to provide detailed information on the nature of the measures that the Government indicated are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars, or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.