Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1(1)(a) of the Convention. Legislation. The Committee notes that the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, recognizes the right to freedom from discrimination on the grounds of being male or female, race, place of origin, social class, colour, religion and political opinion, and it is of the view that such grounds may be considered to incorporate the seven grounds set out in Article 1(1)(a) of the Convention. While noting the importance of this Constitutional protection, it recalls that constitutional provisions addressing non-discrimination have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 851). It also notes the development of the draft Bill to make provision for the prevention of sexual harassment and for connected matters that is under consideration for adoption by Parliament. It further notes that the Ministry of Labour and Social Security is examining proposals to strengthen the provisions of the Employment (Equal Pay for Men and Women) Act, 1975. The Committee asks the Government to provide information on the application in practice of Article 13(3)(g)–(i) of the Charter of Fundamental Rights and Freedoms regarding employment and occupation, including on judicial decisions, policy-making and awareness-raising. The Committee asks the Government to consider the need for specific legislation prohibiting direct and indirect discrimination in employment and occupation on all the grounds listed in Article 1(1)(a) of the Convention and to report on this decision-making process, its results and any follow-up action. The Committee asks the Government to continue providing information on the steps taken to review and amend gender-biased and outdated legislation.

Sexual harassment. The Committee notes and welcomes the detailed information provided by the Government on the draft anti-sexual harassment policy and the development of the draft Bill to make provision for the prevention of sexual harassment and for connected matters which is under consideration for adoption by Parliament. It notes that the draft Bill sets out employers’ duties, worker protection, complaints procedures, sanctions, and the establishment of a sexual harassment division in the Industrial Disputes Tribunal. The draft policy and draft Bill use gender-neutral language and cover a wide range of quid pro quo and hostile working environment harassment. Noting that there is currently no legislative protection against sexual harassment, the Committee asks the Government both to adopt the draft policy and to take steps to ensure that the Bill is laid before Parliament as soon as possible. The Committee asks the Government to provide information on the steps taken, and upon the adoption of the policy and the enactment of the Bill, on the implementation of the policy and the Act. This information should include the steps taken on matters such as awareness raising, training, the development of employer policies, the handling of complaints and the functioning of the sexual harassment division of the Industrial Disputes Tribunal.

Article 1(1)(b). HIV status. The Committee notes the information provided by the Government on the preparation of a draft Occupational Safety and Health Bill. The Committee notes that, if enacted, the Bill will prohibit discrimination against a worker on the basis of HIV status and will require employers to develop and implement occupational safety and health (OSH) policies and programmes which will address, among other things, elements of the National Workplace Policy on HIV and AIDS. It also notes the development of a workplace life-threatening illness policy which is to be the overall policy, for all policies addressing life-threatening illness, including HIV and AIDS. The Committee also notes the information provided on the activities of the Voluntary Compliance Programme to promote the National Workplace Policy on HIV and AIDS. From the Government replies to the list of issues reported to the United Nations Human Rights Committee, the Committee notes the adoption of the National Integrated Strategic Plan on Sexual and Reproductive Health and HIV, 2015–19 (NISP), of which the strategic outcome is “strengthened policy and legal framework for sexual and reproductive health and HIV prevention, treatment and care services”, and which also includes interventions to address stigma and discrimination (CCPR/C/JAM/Q/4/Add.1, 30 September 2016, paragraphs 20 and 21). The Committee also notes the information provided on the National HIV Related Discrimination Reporting and Redress System (NHDRRS) and that complaints have reached the Ministry of Labour and Social Security via this system. The Committee hopes that the Occupational Safety and Health Bill will be laid before Parliament as soon as possible with a view to its enactment at the earliest opportunity. The Committee asks the Government to submit the text of the Bill once it has been adopted. The Committee also asks the Government to continue providing information on all measures taken to address real or perceived HIV and AIDS stigma and discrimination in the workplace.

Persons with disabilities. The Committee notes with interest the adoption of the Disabilities Act of 2014, the purpose of which is to promote, protect and ensure full and equal enjoyment by persons with disabilities of privileges, interests, benefits and treatment, on an equal basis with others, and to establish the Jamaica Council for Persons with Disabilities. It notes specifically that Part VI deals with employment of persons with disabilities, includes provisions prohibiting discrimination and introduces an obligation on the employer to make adjustments to the workplace to ensure that employees with disabilities are not placed at a disadvantage. From the Government’s report, the Committee notes the role of the Heart Trust National Training Agency in developing and providing vocational and employment-related training for persons with disabilities. It also notes from the information provided by the Government that, despite several initiatives, the employment rate of persons with disabilities has fallen below expectations, which the Government believes is attributable to the general economic downturn. The Committee asks the Government to provide information on the implementation of the Disabilities Act, in particular Part VI, and on the functioning of the Jamaica Council for Persons with Disabilities and the Disabilities Rights Tribunal. It also requests the Government to provide information on awareness-raising, training, employment promotion and policy making activities related to the application of the Convention to persons with disabilities. The Committee further asks the Government to provide disaggregated statistical data on the representation of persons with disabilities in training programmes and in employment in the public and private sectors.

Sexual orientation and gender identity. Referring to its previous comments, the Committee notes that no steps have been taken to address discrimination in employment and occupation related to sexual orientation or gender identity. The Committee notes that the United Nations Human Rights Committee, in its concluding observations, expressed concern at the criminalization of consensual same-sex relationships, thus promoting discrimination against homosexuals, and at reports of incidents of discrimination, harassment and violent attacks against lesbian, gay, bisexual and transgender persons (CCPR/C/JAM/CO/4, 22 November 2016, paragraphs 15 and 17). Recalling its previous comments, as well as those recently made by the United Nations Human Rights Committee, the Committee asks the Government to provide information on any steps taken or proposed to address discrimination related to sexual orientation and gender identity in the context of employment and occupation.

Articles 2 and 3. National equality policy. The Committee notes from the Government’s report that the National Policy on Gender Equality (NPGE) will be monitored and evaluated by the Gender Advisory Committee (GAC) and that the GAC will be tasked with a number of related responsibilities, including advising the Government on strategic policy direction. The Committee also notes the convening of a Joint Select Committee to address female under-representation in public and political leadership, including through the use of temporary special measures, as outlined in the Convention on the Elimination of Discrimination Against Women. It further notes the emphasis placed by the Bureau of Gender Affairs (BGA) on undertaking research on masculinity and issues affecting men. While welcoming the action to increase the participation of women in political bodies and public leadership positions, the Committee wishes to emphasize the importance it also places on improving the position of women in employment and other occupations, in both the public and private sectors. The Committee asks the Government to provide information on any action taken by the GAC, BGA or the Ministry of Labour and Social Security to: increase employment opportunities for women; increase the representation of women in decision-making positions; address occupational segregation; and improve conditions of work and the reconciliation of work and family responsibilities in the private sector and the public service. The Committee also places importance on addressing gender bias and stereotypical attitudes of men and women in public and private life, and asks the Government to provide information on the results of the study on men and masculinity and how it has been used to promote the application of the NPGE and the implementation of the Convention. The Committee once again requests the Government to provide information on the steps taken towards the adoption and implementation of a national policy and/or legislation 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.

Article 4. Measures affecting persons justifiably suspected of, or engaged in activities prejudicial to the security of the State. The Committee notes the information provided by the Government on the Terrorism Prevention Act, 2005. The Committee asks the Government to provide information on the impact of the application of the Terrorism Prevention Act in the fields of employment and occupation. The Committee also asks the Government to provide information on the incidence of termination of employment on the basis of the security of the State, including the number of individuals affected and the procedural protections followed in such cases.

Statistics. The Committee welcomes the information provided by the Government on the Jamaica Labour Force Survey. The Committee asks the Government to continue providing up-to-date statistical information, such as labour force and other surveys on men and women in the labour market.