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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Kitts and Nevis (Ratification: 2000)

Legislation. The Committee notes that the provision on the protection of non-discrimination contained in section 15 of the Constitution covers discrimination based on race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex and creed. Section 15(1) provides that, subject to certain exceptions, no law shall make any provision that is discriminatory either by itself or in its effect. Section 15(2) prohibits discriminatory treatment “by any person acting by virtue of any written law or in performance of the functions of any public office or any public authority”. The Committee further notes that section 11(d) of the Protection of Employment Act prohibits the termination of a contract of employment on the grounds of race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex or creed, marital status or family responsibilities.

The Committee notes that section 15 of the Constitution does not cover all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention and that it does not appear to provide protection from discrimination that occurs with regard to private employment, while the Protection of Employment Act only addresses discrimination in respect of termination rather than all aspects of employment and occupation. The Committee therefore welcomes the Government’s intention to discuss the CARICOM Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the National Tripartite Committee, with a view to its submission and adoption by the National Assembly. Trusting the Government will take all measures necessary to adopt comprehensive legislation giving effect to the Convention, the Committee requests the Government to provide information on the measures taken and the progress made in this regard.

Other measures to apply the Convention. The Committee recalls that, while equal treatment legislation is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation in accordance with the Convention, such a policy should also include practical and promotional measures to ensure that the principle of equal opportunity and treatment in employment and occupation is observed in practice. The Committee therefore requests the Government to provide information on any practical measures taken or envisaged to promote equality, such as awareness raising or training on equality at work, publications, studies or surveys on discrimination, etc. The Committee also asks the Government to provide statistical data regarding employment and occupation, including vocational training, disaggregated by sex, race, ethnicity and religion, as soon as possible.

With regard to gender equality, the Committee notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Ministry of Gender Affairs promotes gender workplace policies. The Committee asks the Government to provide further information on the specific activities of the Ministry of Gender Affairs to promote equality of men and women in employment and occupation, as well as examples of workplace policies. It also requests the Government to provide an overview of the situation of women in both private and public employment and any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to training and education.