Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article (1)(1)(a) of the Convention. Legislation. The Committee notes the adoption of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, in April 2011 (the Charter), which replaces Chapter III of the Constitution. The Charter recognizes the right to freedom from discrimination on the grounds of “being male or female; race, place of origin, social class, colour, religion or political opinions” (article 13(3)(i)). The Committee welcomes the addition of the grounds “being male or female” and “social class”, which were not included in article 24 of the Constitution. The Committee notes, however, that it is not clear whether all the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention are covered by the Charter, in particular national extraction and social origin, or whether both direct and indirect discrimination are prohibited. The Committee also recalls that such general Constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation (General survey on fundamental Conventions, 2012, paragraph 851). The Committee asks the Government to provide information on the application in practice of article 13(3)(i) of the Charter of Fundamental Rights and Freedoms in the context of employment and occupation, including any judicial decisions, and information on how the terms “social class” and “place of origin” have been interpreted. The Committee also asks the Government to provide information on any steps taken or envisaged to adopt provisions specifically defining and prohibiting direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation, covering all workers . The Committee again asks the Government to provide information on the steps taken to amend gender biased or outdated legislation as advocated by the Bureau of Women’s Affairs.

Sexual harassment. The Government indicates that the draft Anti-Sexual Harassment Policy has been submitted to the Ministry of Justice, which is developing anti-sexual harassment legislation, the terms and provisions of which are set out in the Policy. The Government indicates that the National Policy for Gender Equality (NPGE) requires that upon finalization of the Policy, mechanisms are to be created for reporting sexual harassment and providing adequate redress. The Government also reports that the Bureau of Women’s Affairs (BWA) continues to provide training and sensitization sessions on sexual harassment, and has developed a video and training manual on sexual harassment aimed at eliminating gender disparity in the workplace. The Committee also notes the concerns raised by the UN Committee on Economic, Social and Cultural Rights (CESCR) regarding discrimination against and harassment of women in the workplace, and the lack of comprehensive legislation clearly prohibiting gender discrimination and sexual harassment in the workplace (E/C.12/JAM/CO/3-4, 10 June 2013, paragraph 16). In this regard, the Committee draws the Government’s attention to the importance of clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment (General Survey, 2012, paragraph 791). The Committee asks the Government to provide information on the status of the adoption and implementation of the Anti Sexual Harassment Policy and corresponding legislation, including information on reporting mechanisms and avenues of redress for complainants. Please also provide information on steps taken to combat gender stereotypes that contribute to discrimination and sexual harassment in employment and occupation. The Committee once again requests information on the findings and conclusions of the United Nations Trust Fund’s project on sexual harassment.

Article 1(1)(b). HIV and AIDS. The Committee notes the Government’s indication that the National Workplace Policy on HIV and AIDS is in the final stage before legislation after being approved as a White Paper by both Houses of Parliament in February 2013. The Government states that the Policy was revised in light of the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and it will be appended to the pending Occupational Safety and Health Act, which will have regulations on HIV and AIDS. The Committee notes from the Government’s 2012 Progress Report to UNAIDS that in 2011 the National HIV Related Discrimination Reporting and Redress System (NHDRRS) trained 15 persons as investigators and documented 19 cases of discrimination. The Committee hopes that the National Workplace Policy on HIV and AIDS and the corresponding regulations will be adopted in the near future, and asks the Government to continue to provide information in this regard. The Government is also asked to provide information on specific measures taken to address stigma and discrimination based on real or perceived HIV status, including awareness raising activities. Please also provide information on the nature and number of discrimination complaints submitted to the NHDRRS relating to employment and occupation, and the results thereof. The Committee reiterates its request for the results of the audits conducted under the Voluntary Compliance Programme (VCP).

Persons with disabilities. The Committee notes the Government’s indication that the Jamaica Council for Persons with Disabilities has established a registry for persons with disabilities in order to facilitate job placement. The Government also states that the Abilities Foundation offers two scholarships per year for persons with disabilities entering tertiary institutions, and that the HEART Trust National Training Agency offers a wide range of vocational courses for persons with disabilities at a low cost. The Government is asked to provide information on awareness-raising and training activities related to the application of the Convention to persons with disabilities. The Committee also repeats its request for information on progress made in adopting a special education needs policy. Please also provide disaggregated statistical data on the representation of persons with disabilities in the public and private sectors.

Sexual orientation and gender identity. The Committee notes the recommendations of the CESCR and the UN Human Rights Committee regarding the adoption of legislation protecting against discrimination based on sexual orientation and gender identity (E/C.12/JAM/CO/3-4, 10 June 2013, paragraph 8; CCPR/C/JAM/CO/3, October 2011, paragraph 8). The Committee requests the Government to indicate whether any steps have been taken or are envisaged to address discrimination based on sexual orientation and gender identity, in law and in practice.

Articles 2 and 3. National equality policy. The Government indicates that the National Policy for Gender Equality (NPGE) has been disseminated among ministries, departments and agencies. The Government also states that sensitization on gender mainstreaming is taking place at all levels of Government, and that Gender Focal Points have been established to assist gender mainstreaming in the public sector. The Committee also notes the Government’s indication that vocational institutions are establishing quotas for women in training courses which have tended to be male-dominated. The Committee asks the Government to provide information on the implementation and monitoring of the NPGE, including information on the status of the Gender Advisory Council. The Government is also requested to provide specific information on measures taken to address women’s underrepresentation in decision-making positions in the public and private sectors. The Committee asks the Government to provide further information on the implementation of the quotas by training institutions, and the impact of such measures on women being able to secure employment in non-traditional areas. Welcoming the measures taken to address gender equality, the Committee reiterates its request to the Government to provide information on steps taken toward the adoption and implementation of a national policy to promote equality in employment and occupation on the other grounds set out in the Convention, namely race, colour, religion, political opinion, national extraction and social origin.

Part V of the report form. Statistics. The Committee once again requests specific statistics on the distribution of men and women within different sectors of the labour market and at different levels of responsibility, as such information was not received by the Office.