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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1) of the Convention. Protection of workers against discrimination. Legislation. The Committee previously recalled that, although the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011, recognizes the right to freedom from discrimination on the seven grounds set out in Article 1(1)(a) of the Convention, constitutional provisions addressing non-discrimination have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. The Committee notes the Government’s indication, in its report, that section 4(2)(b) of the Labour Relations and Industrial Disputes (LRID) Act 1975, provides that “any person who dismisses, penalizes or otherwise discriminates against a worker by reason of him exercising of such right, shall be guilty of an offence and should be liable on summary convention before a Resident Magistrate to a fine not exceeding $500,000.” The Committee also notes that one of the objectives of the Occupational Safety and Health (OSH) Bill is “protecting workers and other persons in the workplace from discrimination” (section 3(1)(i)). It welcomes the definition of “discrimination” in section 4(1) of the Bill as “any distinction, exclusion or preference pertaining to an occupational safety and health measure which has the effect of nullifying or impairing equality of opportunity or treatment in access to training, job promotion, job processes, security of tenure, remuneration, leave entitlements, rest periods, social security and other benefits and conditions of work”. While taking note of the general prohibition on discrimination in the LRID Act, and the general protection against discrimination and the definition of “discrimination” with respect to OSH measures in the OSH Bill, the Committee recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur. It further points out that, while the Convention does not impose a strict obligation to legislate in all of the areas covered, it does require the State to review whether legislation is needed. The necessity of legislative measures to give effect to the Convention must be assessed within the framework of the national policy as a whole, having regard in particular to the other types of measures which may have been taken, and to the effectiveness of the overall action pursued, including whether there are adequate and effective means of redress and remedies (see General Survey of 2012 on the fundamental Conventions, paragraphs 735 and 743). With a view to ensuring the effectiveness of the right to non-discrimination in employment and occupation and enabling the persons concerned to avail themselves of such right, the Committee asks the Government to consider the need for specific legislative provisions : (i) defining and prohibiting direct and indirect discrimination based on at least all the grounds listed in Article 1(1)(a) of the Convention in all aspects of employment and occupation, not only in the field of OSH; and (ii) providing for complaint mechanisms, sanctions and remedies. The Government is asked to provide information on any measures taken in this regard and on the progress made in the adoption and enactment of the OSH Bill. In the meantime, 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 and section 4(2)(b) of the Labour Relations and Industrial Disputes Act regarding employment and occupation, through judicial decisions, policy-making and awareness-raising.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the Bill making provision for the prevention of sexual harassment and for connected matters was tabled in the House of Representatives in July 2019 and has not been adopted yet. The Committee welcomes the Government’s indication that the Bureau of Gender Affairs (BGA) continues to provide training and awareness raising sessions on sexual harassment through training materials aimed at combating the gender stereotypes that contribute to sexual harassment in the workplace and educational institutions, and that the BGA also provides assistance to entities in creating workplace policies. The Committee notes that in February 2020 a Memorandum of Understanding (MoU) was signed to establish a partnership between the Government and the University of West Indies (UWI) Open Campus over the next three years to provide training and research on sexual harassment in the workplace and related matters. The Committee asks the Government to provide information on: (i) the progress made in the adoption and implementation of the draft policy to which it had referred in its previous report and the Bill on sexual harassment; and (ii) the specific steps taken to this end, such as awareness raising, training, the development of workplaces policies, the handling of complaints and the functioning of the sexual harassment division of the Industrial Disputes Tribunal.

Sexual orientation and gender identity. Noting that the Government has provided no reply to its previous request on the incidents of discrimination, harassment and violent attacks against lesbian, gay, bisexual and transgender persons to which the United Nations Human Rights Committee referred in its 2016 concluding observations, the Committee reiterates its request that the Government provide information on any steps taken or envisaged to address discrimination related to sexual orientation and gender identity in the context of employment and occupation.

Article 1(1)(b). HIV status. The Committee welcomes the provisions in the OSH Bill according to which “HIV-related discrimination” includes prejudice, negative attitude, abuse or maltreatment directed at persons who are living with or affected by HIV or AIDS” and discrimination against a worker on the basis of HIV status is prohibited. The Committee also welcomes the Government’s indication that the Jamaica Anti-Discrimination System (JADS) is the mechanism through which prospective cases of HIV-related discrimination and gender-based violence are reviewed and referred to the appropriate entities for assessment and redress where applicable. The Committee asks the Government to provide information on: (i) the progress made in the adoption and enactment of the Occupational Safety and Health Bill, and to transmit the text of the Bill once it has been adopted; and (ii) the measures taken to address real or perceived HIV and AIDS stigma and discrimination in the workplace, as well as on any cases brought to the JADS, in relation to discrimination on the grounds of real or perceived HIV/AIDS status in employment and occupation.

Persons with disabilities. With reference to its previous comment, the Committee notes the Government’s indication that it is still working to bring into effect the Disabilities Act 2014, and that, to this end, two codes of practice and regulations are being drafted. The Government states that, once enacted, the Act will establish the Disabilities Rights Tribunal, which will be responsible for enforcing the disabilities legislation, conducting investigations, and advising employers on how to secure equal acceptance of disabled employees in the workplace. The Disabilities Rights Tribunal will be able to issue sanctions and refer cases to the resident magistrate court. The Committee further notes, from the Government’s 2019 report on the application of the United Nations Convention on the Rights of Persons with Disabilities, that the Social and Economic Inclusion of Persons with Disabilities Project 2013–2017 was extended to 2018 and allowed for over 540 young people with disabilities to receive training (CRPD/C/JAM/1/Rev.1, 28 March 2019, paragraph 37). The Committee also notes that, in 2017, in an effort to increase equal access to education, the Jamaica Council for Persons with Disabilities offered five Margaret Moody Scholarships to young persons with disabilities to allow them to enter tertiary institutions to obtain an undergraduate diploma (paragraph 40). Finally, the Government indicated that, through the National Policy for Persons with Disabilities, a minimum of 5 per cent of all jobs in the public sector is to be reserved for persons with disabilities (paragraph 166). While welcoming this information, the Committee hopes that the Government will step up its effort to ensure that the Disabilities Act comes into effect in the near future and asks it to provide information on the implementation of the Act, in particular of Part VI which deals with employment of persons with disabilities. The Committee asks the Government to provide detailed information on: (i) the functioning of both the Jamaica Council for Persons with Disabilities and the Disabilities Rights Tribunal; (ii) any awareness-raising, training, employment promotion and policy making activities related to the application of the Convention to persons with disabilities. Noting the lack of information provided in this regard, 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.

Articles 2 and 3. National equality policy. With reference to its previous comments on the activities of the Gender Advisory Committee (GAC), Bureau of Gender Affairs (BGA) or the Ministry of Labour and Social Security, the Committee notes the Government’s statement that, under the National Policy on Gender Equality (NPGE), public sector boards must have a minimum of 30 per cent of females as members. The Committee notes that the Government is participating in the “Win-Win: Gender Equality means Good Business” Programme which is being implemented in Latin America and the Caribbean and aims at promoting gender equality in the private sector. The Government further indicates that 16 private sector companies have committed to support the Women’s Empowerment Principles (WEPs), which aim at allowing the full and equal participation of women in society and focus on strengthening the leadership of women in business, reducing the gender pay gap, decent jobs, entrepreneurship, autonomy and economic empowerment. The Committee also notes, from the Government’s 2020 report on the application of the United Nations Convention on the Elimination of Discrimination Against Women, that the BGA is facilitating awareness-raising in schools on a range of gender-specific issues such as gender equality, female empowerment, and gender-based violence in educational institutions and in the wider society (CEDAW/C/JAM/8, 5 March 2020, paragraph 47). Welcoming this information, the Committee asks the Government to provide further information on the implementation of the National Policy on Gender Equality, the “Win-Win: Gender Equality means Good Business” Programme and the WEPs, and on the concrete results achieved with respect to the employment of women. It also asks the Government to provide further information on any action taken by the GAC, or the Ministry of Labour and Social Security to: (i) increase employment opportunities for women; (ii) increase the representation of women in decision-making positions; (iii) address occupational segregation; and (iv) improve conditions of work and the reconciliation of work and family responsibilities in the private sector and the public service. Noting that the Government has not provided any information in this regard, the Committee once again asks it to provide information on the steps taken towards 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.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee takes notes of the Government’s indication that there have been no reported cases of termination of employment on the basis of the security of the State. The Committee asks the Government to continue to provide information on the impact of the application of the Terrorism Prevention Act in the fields of employment and occupation.

Statistics. The Committee notes the statistical data provided by the Government. It notes that women’s unemployment rates have decreased between 2015 and 2019, but that they remain higher than the unemployment rates of men. The Committee asks the Government to continue providing up-to-date statistical information on the labour force and other surveys on the participation of men and women in the labour market, if possible disaggregated by sector of the economy.

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

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.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Legislation. The Committee notes that in response to the issues raised previously regarding the absence of a legislative framework to address discrimination in employment and occupation, the Government indicates that discrimination on the basis of race, colour, sex and religion is not practised in law or in administrative practice. The Committee draws the Government’s attention to the fact that the absence of discriminatory laws and administrative practice is not in itself sufficient to meet the requirements of the Convention and measures should be taken to promote equality of opportunity and treatment with a view of eliminating discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention. Noting that no steps have been taken in order to explicitly define and prohibit direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention, the Committee recalls that in its General Report of 2009 the Committee considered that “in most cases comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention” (paragraph 109). The Committee also recalls that since 1998, it has been noting the absence of sex as a prohibited ground of discrimination under article 24 of the Constitution, as well as the process that has been underway to amend the Constitution. The Committee asks the Government take steps to adopt provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation, and covering all workers. Please also provide information on any developments regarding the status of the Constitutional Amendment Bill, as well as any measures being taken to amend gender-biased or outdated legislation as advocated by the Bureau of Women’s Affairs (BWA).

Sexual harassment. The Committee notes the Government’s indication that the draft policy on sexual harassment, which has been reviewed and amended by the Cabinet Office, will be jointly submitted for Cabinet approval and will propose terms and provisions for the enactment of sexual harassment legislation. The Committee also notes that measures have been taken in order to prepare the implementation of the policy, including training and sensitization workshops for Human Resource and selected senior staff within the public and private sector. The Committee further notes that the BWA continues to provide training and sensitization sessions on sexual harassment, especially to members of the Jamaica Constabulary Force (JCF) and other key stakeholders. The BWA has also developed a video in order to increase public awareness on the issue of sexual harassment. The Committee asks the Government to provide the following information:

• (i) progress made in adopting the policy on sexual harassment and any developments regarding the enactment of sexual harassment legislation following the adoption of the policy;
• (ii) mechanisms established by the draft policy on sexual harassment to allow persons to report incidents of sexual harassment and provide adequate redress;
• (iii) the content and results of training sessions organized by the BWA; and
• (iv) the findings and conclusions of the project on sexual harassment under the United Nations Trust Fund.

Article 1(1)(b). HIV and AIDS. The Committee notes that the national workplace policy on HIV and AIDS is in the process of being amended and consultations will be held to get feedback from the stakeholders. The Committee draws the Government’s attention to the Recommendation concerning HIV and AIDS and the World of Work, 2010 (No. 200). The Committee further notes that the Government has focused on the revival of the Voluntary Compliance Programme (VCP), which aims to promote the national workplace policy on HIV and AIDS (NWP) and assist companies in formulating and implementing workplace HIV/AIDS policies. The Committee notes with interest the measures taken to promote the programme including workshops, training of 25 HIV and AIDS auditors and audits conducted within 15 enrolled companies. The Committee notes that the Jamaican Network of Seropositives protects and defends persons with HIV and AIDS that are faced with discrimination, in court or through conflict mediation conducted by the Ministry of Labour and Social Security. The Committee asks the Government to continue providing information on the implementation of the national workplace policy on HIV and AIDS and to provide a copy once it has been finalized. The Committee also asks the Government to provide information on results achieved through the audits conducted under the VCP, such as the number of enrolled companies that have adopted workplace HIV and AIDS policies and programmes, and the content of these policies. The Committee reiterates its request for information on the status of the proposed HIV and AIDS Regulations which were to be promulgated with the occupational safety and health legislation. Please also provide information on any cases which have been brought to court by the Jamaican Network of Seropositives, and the results thereof.

Persons with disabilities. The Committee notes the various activities carried out by the Ministry of Labour and Social Security between April 2009 and March 2010 to better promote equality of opportunity and treatment for persons with disabilities, including through seminars and sensitization sessions on disability issues. The Committee also notes that 274 self-help grants for different projects were offered and 266 persons received assistance through the Economic and Empowerment Grant (EEG). The Committee further notes from the information provided by the National Training Agency (NTA) that a special education needs policy document was drafted and that six community training interventions are offered in partnership with other organizations, including the Abilities Foundation. The Committee asks the Government to provide information on progress made in adopting the special education needs policy document. The Committee also asks the Government to provide information on the impact that measures taken by the National Training Agency have had on promoting equality of opportunity and treatment in employment and occupation for persons with disabilities. Please also provide disaggregated statistical data on the representation of persons with disabilities in the public and private sectors.

Article 2. Promoting equality of opportunity and treatment between men and women. The Committee welcomes the launching of the national policy for gender equality on 8 March 2011. The Government indicates that the policy is geared towards achieving equal treatment for women and men through equal visibility, equality of opportunity, equal access to all resources, and equal participation in all areas of public and private life. The Committee notes the various measures taken to promote the policy including through training and sensitization on gender mainstreaming and the establishment of gender focal points in the public sector. The Committee also notes the Government’s intention to focus on the collection of sex-disaggregated data and to improve the working conditions in low-paying sectors, including for contract workers. The Committee asks the Government to continue providing information on the impact of the national gender policy in the private and public sectors, and more particularly how it addresses horizontal and vertical gender segregation of the labour market. Please provide a copy of the policy and the gender equality framework. The Committee asks the Government to provide statistical information on the representation of women within different job categories such as in management and decision-making positions in the private and public sectors, and any analysis of such data. The Committee again asks the Government to provide information on steps being taken toward the adoption and implementation of a national policy to promote equality in employment and occupation on grounds other than gender.

Article 3(e). Vocational training. The Committee notes the information provided by the Human Employment and Resources Training/National Training Agency (HEART/NTA) which shows that between 2006 and 2011, 57 per cent of trainees enrolled in the training programme were women. The Committee also notes from the data collected that women had lower employment rates than men after completing the training programme. However, the statistics show that 58 per cent of trainees who were able to secure permanent jobs after the training programme were women. The Committee asks the Government to continue providing information on any measures taken to improve education levels amongst women in order to address occupational segregation and ensure they have better access to higher paid jobs. Please continue to provide information on the number of women trained and the ratio of participants that were able to secure employment after benefiting from the training offered by the HEART/NTA.

Part V of the report form. Statistics. The Committee welcomes the statistics disaggregated by sex provided by the Statistical Institute of Jamaica, showing the ratio of men and women in the labour force based on their level of education. The Committee notes the Government’s statement that statistics are never disaggregated by race and religion mainly due to the fact that 90 per cent of the population is of African descent and of Christian religion. Recalling its previous comments, the Committee reiterates the importance of collecting statistical data disaggregated at least by sex, race and religion, in order to assess the progress and impact of measures taken to eliminate discrimination. The Committee asks the Government to consider disaggregating statistics by sex, race and religion to better assess the application of the Convention. Please provide more specific statistics on the distribution of men and women within different sectors of the labour market, and at different levels of responsibility.

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

Article 1 of the Convention. Legislation. The Committee recalls its previous comments regarding the absence of sex as a prohibited ground of discrimination in article 24 of the Constitution, and the Government’s obligation to take active measures to promote equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention. It notes, once more, the Government’s statement to the effect that all necessary steps are being taken to ensure the rapid adoption of the Constitutional Amendment Bill which will provide for the prohibition of discrimination on the basis of sex. The Committee also notes the Government’s indication that the Bureau of Women’s Affairs (BWA) is continuing to advocate for amendments to existing legislation that is gender-biased or outdated, in order to bring it into line with contemporary thinking and international requirements. The Committee would like to draw the Government’s attention to the developments regarding the prohibition of discrimination and the application of the Convention, set out in its General Report of 2009 (paragraphs 105–120). In particular, the Committee noted that “though a number of countries already have general constitutional provisions regarding equality, these provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation … Given persisting patterns of discrimination, the Committee considers that in most cases comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention” (paragraph 109). The Committee also notes that the approach set out in the Committee’s general report is reflected in the CARICOM model labour harmonization legislation on equality of opportunity and treatment. The Committee requests the Government to examine the possibility of adopting provisions explicitly defining and prohibiting direct and indirect discrimination, on all the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation, and covering all workers, and to provide information on steps taken in this regard. The Committee further requests the Government to provide information on the status of the Constitutional Amendment Bill, as well as on any measures being taken to amend gender-biased or outdated legislation.

Sexual harassment. The Committee notes the Government’s statement that the draft policy on sexual harassment was to be submitted for Cabinet approval in May 2009 and that it was expected to lead to the enactment of legislation. The Committee also notes with interest the initiatives taken and events organized by the BWA, including the training and sensitization workshops in the context of a project under the United Nations Trust Fund in 2008 and 2009, with 1,081 people being trained, of which 56 per cent were women and 44 per cent were men. The Committee asks the Government to provide information on the progress made in adopting the policy on sexual harassment, and to provide a copy once it has been adopted. It also reiterates its request for indications on the legal status of the policy and enforcement mechanisms. Please also provide copies of the documents relevant to the training and sensitization sessions, including the awareness-raising brochure on sexual harassment in the workplace, as well as an overview of the findings and conclusions of the project on sexual harassment under the United Nations Trust Fund.

Article 1, paragraph 1(b). HIV/AIDS. The Committee previously noted the launching of the HIV/AIDS project in 2007 by the Ministry of Labour and Social Security, and the preparation of the Occupational Safety and Health Bill, which the Government had indicated would address protection against discrimination of persons with HIV/AIDS. The Committee also understands that the International HIV/AIDS Workplace Education Programme, being executed by the ILO, has resulted, among other things, in an increase in the percentage of workplaces with HIV/AIDS policies or guidelines including provisions on non‑discrimination. The Committee requests further information on the implementation of the national workplace policy on HIV/AIDS, and the impact thereof, including with respect to the 2007 project, and the International HIV/AIDS Workplace Education Programme in so far as they relate to preventing and addressing discrimination in employment and occupation on the basis of real or perceived HIV status. It also requests the Government to provide information on the status of the proposed HIV and AIDS Regulations which are to be promulgated with the occupational safety and health legislation.

Persons with disabilities. The Committee notes from the Government’s report that the National Policy for Persons with Disabilities (2002) provides the framework for equal treatment of persons with disabilities. In pursuance of this policy, training is provided for the disabled at the Abilities Foundation. The Government also refers to the Steps-to-Work Programme, under which a number of places are reserved for persons with disabilities, thereby increasing the opportunities for training and employment of these persons. The Committee requests the Government to continue to provide information on the practical application of the National Policy for Persons with Disabilities with respect to promoting equality of opportunity and treatment in employment and occupation.

Article 2. Promoting equality of opportunity and treatment between men and women. The Committee recalls its concerns relating to the low participation of women in the labour force, their high unemployment rate compared to men’s and the horizontal and vertical gender segregation of the labour market. It notes the information provided in the Government’s report on data compiled by the Statistical Institute of Jamaica and findings of research, which show that, even if there are signs of improvement, women are still facing discrimination in the labour market, particularly in access to decision-making positions, although they perform better than men in education. It also notes the indication that there have been various measures taken for public education and awareness raising on key gender issues, including in the education system. The Committee welcomes the development of a National Gender Policy which the Government indicates is being finalized for Cabinet approval, and the establishment of a gender equality framework for all government policies, programmes and plans in order to implement gender mainstreaming as an overarching strategy. The Committee encourages the Government to continue to collect and analyse data, and to forward this information, in order to allow the Committee to assess the progress made over time in achieving a balanced representation of men and women in different job categories and in management and decision-making positions in the public and private sectors. The Committee asks the Government to provide information on the progress in the adoption and implementation of the National Gender Policy, and on its impact in the public and private sectors. The Committee requests additional information on the measures adopted within the gender equality framework, and the impact of such measures. Please also provide a copy of the National Gender Policy and the gender equality framework. The Committee would also welcome information on steps being taken toward the adoption and implementation of a national policy to promote equality in employment and occupation related to the other grounds set out in the Convention, namely, race, colour, religion, political opinion, national extraction and social origin.

Article 3(e). Vocational training. The Committee notes the information provided by the Government on the non-traditional skills training programmes delivered by the Human Employment and Resources Training/National Training Agency (HEART/NTA). The Committee asks the Government to provide detailed information on the number of women trained and the ratio of participants that were able to secure employment after having benefited from such training. It also reiterates its request to the Government for information on the following:

(i)    the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes, including on the number of women involved, disaggregated by ethnicity where possible, and details of the training activities; and

(ii) any other efforts to eliminate discrimination in training based on sex and disability, as well as on the other grounds covered by the Convention.

Part V of the report form. Statistics. The Committee recalls its previous comments relating to the importance of collecting data 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. It notes the Government’s statement to the effect that there have been substantial achievements regarding gender equality in relation to the Millennium Development Goals, particularly in education and in the participation of women in the labour market. In order to assess progress in the application of the Convention, the Committee reiterates its request to the Government to provide statistics on employment and vocational training along with its next report, disaggregated at least by sex, race and religion.

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

1. Article 1 of the Convention. Sexual harassment. The Committee recalls its previous comments relating to the absence of legislation prohibiting sexual harassment in the workplace. The Committee notes the Government’s statement that the draft policy document on sexual harassment is to be presented to the Human Rights Council after which it will be presented to the Senate to be declared a legal document. The Committee asks the Government to provide a copy of the policy document on sexual harassment, once adopted by the Senate, as well as an indication of its legal status and the manner in which workers may obtain redress for sexual harassment at work. The Government is also requested to supply information regarding any practical efforts, in cooperation with the workers’ and employer’s organizations, undertaken or envisaged to raise awareness about sexual harassment at work and to prevent and address sexual harassment both in the public and the private sectors.

2. Discrimination on the basis of sex. For a number of years, the Committee has been noting that the Government was taking efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex. The Committee notes once more the Government’s statement that such efforts are still continuing. The Government further states that notwithstanding this, no reports of sex discrimination have been received. While acknowledging that the process of amending the Constitution may be difficult, the Committee nevertheless reminds the Government of its obligations under the Convention to take active measures to promote equality of opportunity and treatment between men and women with a view to eliminating discrimination based on sex in employment and occupation. The Committee further recalls that the absence of complaints does not necessarily indicate an absence of discrimination in practice or an absence of violations of the principle of equality between men and women. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee requests the Government to indicate in its next report the specific measures taken or envisaged to prohibit, prevent and address sex discrimination in employment and occupation in law and in practice, including any awareness-raising or training activities in this context. Please also keep the Committee informed of the status of the proposed amendment of Chapter III of the Constitution.

3. Article 1(1)(b). Additional grounds of discrimination. The Committee recalls its previous comments relating to the national workplace policy on HIV/AIDS. It notes the information in the Government’s report regarding the launching of the HIV/AIDS project 2007 by the Ministry of Labour and Social Security and the Occupational Safety and Health Bill which, according to the Government, should address protection against discrimination of persons infected by HIV/AIDS. The Committee requests the Government to provide information concerning the implementation of the national workplace policy on HIV/AIDS and HIV/AIDS project 2007. The Government is specifically requested to provide information on how these initiatives have helped in practice to improve protection of persons infected with HIV or living with AIDS who have been or may be discriminated against in employment and occupation.

4. Promoting equality of opportunity and treatment between men and women. In its previous comments, the Committee had shared the concerns expressed by the UN Committee on the Elimination of Discrimination against Women relating to the low labour force participation rate of women and their high unemployment rate as compared to men’s, as well as the horizontal and vertical gender segregation of the labour market. In this regard, the Committee had also recalled 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. In the absence of any further information in the Government’s report on this point, the Committee asks the Government once again 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 specific information on the public education efforts relating to gender stereotyping undertaken by the Bureau of Women’s Affairs and the Centre for Gender and Development.

5. Article 3(e). Vocational training. The Committee recalls the Government’s efforts to promote access to vocational training for women and disabled persons. The Committee reiterates its request to the Government to provide detailed information about (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; (2) the establishment by HEART/NTA of the Training and Employment Referral Centre, which offers placement services to graduates from certain training programmes. The information provided should contain details on the number of women involved, disaggregated by ethnicity where possible, and details of the training activities, including their participation in non-traditional skills training; and (3) 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.

6. Part V of the report form. Statistics. The Committee reiterates its requests to 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.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes 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. The Committee notes that, while a law prohibiting sexual harassment has not yet been promulgated, relevant government ministries are working on the development of a sexual harassment policy and a draft cabinet submission on this issue is under preparation. It also notes that a few companies have put into place written and comprehensive policies on sexual harassment. The Committee requests that the Government continue to forward information both regarding any legislative or policy results in this area, as well as regarding any practical efforts, both in the public and the private sector, to highlight the problem of, and to implement responses to, sexual harassment at work.

2. The Committee notes that previously reported efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex have not yet resulted in any such amendment, and it asks the Government if such efforts are continuing.

3. The Committee welcomes the acknowledgement by the Government in its report that women have historically been placed at a disadvantage in employment. It notes information recently provided by the Government to the Committee on Economic, Social and Cultural Rights (CESCR) regarding the relative disadvantages women still experience in the labour market - that the 1997 unemployment rate for males was 10.6 per cent while that of females was 23.5 per cent, that the "top of the Jamaican labour market tends to favour male rather than female employees," and that women are over-represented in low-paying, low-status, low-productivity segments of the market (E/1990/6/Add.28, paragraphs 28, 41). This situation notwithstanding, the Committee notes that the recommendation made by the Gender and Social Equity Steering Committee, that a preparatory commission that would finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders be created, was not followed through due to lack of funding. The Committee asks the Government how it is exploring ways of following through on this important recommendation in the future. In this regard, 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 as well as the public sector.

4. The Committee notes the continuing efforts of the Steering Committee on Gender and Social Equity, whose mandate is to put forward recommendations for a framework for which gender equity can be achieved as a policy goal. The Committee requests that the Government provide further specific information on the activities of this Committee, including its linkages with the existing national machinery on the status of women, other recommendations it has made and any underlying research it has conducted on the promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes with interest 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.

6. The Committee notes the Government’s efforts relating to vocational training, including: (1) the participation by 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 the Human Employment and Resources Training/National Training Agency (HEART/NTA) of the Training and Employment Referral Centre (TERC), 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 males as well as females to enrol in non-traditional skills training.

7. The Committee notes with interest the Government’s recent launching of a comprehensive training programme for disabled persons, whose goals 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 notes 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.

8. The Committee encourages the Government to consider collecting statistics in the context of vocational training, employment 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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report.

1. The Committee notes that, while a law prohibiting sexual harassment has not yet been promulgated, relevant government ministries are working on the development of a sexual harassment policy and a draft cabinet submission on this issue is under preparation. It also notes that a few companies have put into place written and comprehensive policies on sexual harassment. The Committee requests that the Government continue to forward information both regarding any legislative or policy results in this area, as well as regarding any practical efforts, both in the public and the private sector, to highlight the problem of, and to implement responses to, sexual harassment at work.

2. The Committee notes that previously reported efforts to amend Chapter III of the Constitution to include a prohibition of discrimination on the ground of sex have not yet resulted in any such amendment, and it asks the Government if such efforts are continuing.

3. The Committee welcomes the acknowledgement by the Government in its report that women have historically been placed at a disadvantage in employment. It notes information recently provided by the Government to the Committee on Economic, Social and Cultural Rights (CESCR) regarding the relative disadvantages women still experience in the labour market - that the 1997 unemployment rate for males was 10.6 per cent while that of females was 23.5 per cent, that the "top of the Jamaican labour market tends to favour male rather than female employees," and that women are over-represented in low-paying, low-status, low-productivity segments of the market (E/1990/6/Add.28, paragraphs 28, 41). This situation notwithstanding, the Committee notes that the recommendation made by the Gender and Social Equity Steering Committee, that a preparatory commission that would finalize appropriate legislation and promote awareness and acceptance of its work among stakeholders be created, was not followed through due to lack of funding. The Committee asks the Government how it is exploring ways of following through on this important recommendation in the future. In this regard, 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 as well as the public sector.

4. The Committee notes the continuing efforts of the Steering Committee on Gender and Social Equity, whose mandate is to put forward recommendations for a framework for which gender equity can be achieved as a policy goal. The Committee requests that the Government provide further specific information on the activities of this Committee, including its linkages with the existing national machinery on the status of women, other recommendations it has made and any underlying research it has conducted on the promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes with interest 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.

6. The Committee notes the Government’s efforts relating to vocational training, including: (1) the participation by 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 the Human Employment and Resources Training/National Training Agency (HEART/NTA) of the Training and Employment Referral Centre (TERC), 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 males as well as females to enrol in non-traditional skills training.

7. The Committee notes with interest the Government’s recent launching of a comprehensive training programme for disabled persons, whose goals 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 notes 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.

8. The Committee encourages the Government to consider collecting statistics in the context of vocational training, employment 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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes once again 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 reads as follows:

1. The Committee notes from the Government’s report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government’s comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women’s Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers’ Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4. The Committee welcomes the efforts by the Government to increase women’s access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers’ Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5. The Committee notes the Government’s statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6. The Committee notes the Government’s statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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. The Committee notes from the Government’s report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government’s comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

        2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women’s Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers’ Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

        3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

        4. The Committee welcomes the efforts by the Government to increase women’s access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers’ Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

        5. The Committee notes the Government’s statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

        6. The Committee notes the Government’s statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

1.  The Committee notes from the Government’s report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government’s comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2.  The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women’s Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers’ Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3.  The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4.  The Committee welcomes the efforts by the Government to increase women’s access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers’ Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5.  The Committee notes the Government’s statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6.  The Committee notes the Government’s statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes 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. The Committee notes from the Government's report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government's comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women's Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers' Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4. The Committee welcomes the efforts by the Government to increase women's access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers' Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5. The Committee notes the Government's statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6. The Committee notes the Government's statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report.

1. The Committee notes from the Government's report that the Constitution is currently being amended and that the reforms will remedy the omission of the prohibition against gender discrimination in section 24 of the Constitution. Noting also from the Government's comments to the Human Rights Committee (CCPR/SR.1623/Add.1) that a preliminary draft bill regarding the amendment of Chapter III of the Constitution includes the right to freedom from discrimination on the basis of sex, the Committee requests the Government to report on the progress made in bringing the constitutional provision on discrimination into conformity with Article 1, paragraph (a), of the Convention and to supply a copy upon adoption of the amended Constitution.

2. The Committee notes that intra-ministry committees have been established to track the progress of the 1987 National Policy Statement on Women. It asks the Government to provide information on any obstacles as well as advances that have been identified in this process in regard to the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also notes that the Strategic/Corporate Plan 1997-2000 of the Bureau of Women's Affairs has identified training and education as one of the priority areas for action through encouraging measures, among others, for training over the full range of occupational choices of non-traditional careers for women and men. Other more general intersectorial programming strategies of the plan relate to ensuring a gender balance in governmental bodies and committees, public administrative entities and in the judiciary. In this connection, the Committee draws the attention of the Government to the findings in the report of the Jamaica Employers' Federation Symposium, 1995, on "Optimizing the Contribution of Women to the Jamaican Workplace" that despite similar qualifications men still outnumber women at the three top levels of management, while women are concentrated in bottom-level occupations. The Government is requested to supply information on the specific activities undertaken to implement the Strategic/Corporate Plan 1997-2000, particularly as regards equal opportunity and treatment in employment and occupation, and the progress made in this regard, including the promotion of women in employment at middle, senior and executive management levels in the private as well as the public sector.

3. The Committee also notes with interest the announcement by the Prime Minister of the establishment of the Commission on Gender and Social Equity and the establishment of a steering committee in the Policy Unit of the Office of the Prime Minister to recommend a framework for which gender equity can be achieved as a social policy goal through an empowerment process. The Committee requests the Government to provide information on the policy framework and the mandate and activities of the Commission, including its linkages with the existing national machinery on the status of women and the manner in which it will assist in the promotion of equality of opportunity and treatment in employment and occupation.

4. The Committee welcomes the efforts by the Government to increase women's access to vocational training in non-traditional areas and to encourage employers to employ more women, particularly in non-traditional occupations, such as through the tax rebate system used in the School-leavers' Training Opportunities Programme. It nonetheless observes, from the data provided in the 1995 annual report on enrolments and outputs of the Human Employment and Resources Training (HEART)/National Training Agency (NTA), the rather marginal enrolment of men in non-traditional areas such as commercial skills, apparel and sewn product skills and hospitality skills training. The Committee asks the Government to continue to provide, in its next report, information on the progress made in promoting equal access between men and women in educational and vocational training, as well as information on their post-training experience in terms of finding employment, and to indicate whether any measures are taken or contemplated to encourage male as well as female students to enrol in non-traditional skills training. The Committee would also be grateful if the Government could indicate whether any non-formal education or training programmes exist allowing more disadvantaged groups of men and women to have equal opportunities in educational and vocational training.

5. The Committee notes the Government's statement that although no legislation has been passed on sexual harassment in the workplace, the topic has received much attention through awareness-raising activities which are aimed at improving the treatment of women in employment. The Committee would be grateful if the Government would continue to provide information on measures taken to address the problem of sexual harassment, including the adoption of any policy or legal provisions.

6. The Committee notes the Government's statement that there are no specific examples of redress on the basis of gender discrimination being sought under section 25 of the Constitution because the current Constitution does not contain any provision prohibiting discrimination on the basis of sex. The Committee also notes that the Government is remedying this omission through constitutional reform and through the adoption of a new Legal Aid Act which should ensure wider and easier access to the courts for persons seeking redress. The Committee recalls that Article 1, paragraph (a), of the Convention also includes prohibitions against discrimination based on grounds other than sex, notably race, colour, religion, political opinion, national extraction and social origin. The Committee therefore hopes that the Government, in its next report, will provide information on any actions taken by labour inspectors and on any decisions taken by the courts, the labour tribunal and the Ombudsman, regarding discrimination in employment and occupation on the basis of any of the grounds referred to in Article 1, paragraph (a), of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes 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. The Committee notes the Government's statement in its report that there are no existing laws in Jamaica which discriminate against women, and its reference to the attached National Policy Statement on Women dated July 1987. The Committee notes that the Policy Statement, although silent on the subject of laws which overtly discriminate against women, nevertheless states that legal and administrative reforms are still required to achieve adequate protection and treatment of women under the law, and that the Government will identify the areas in which reforms are required to eliminate discrimination against women in accordance with the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and implement the reforms necessary for the protection and advancement of women. The Committee asks the Government to inform it of the progress made in this regard as regards equality of opportunity and treatment between men and women in employment and occupation.

2. The Committee notes with interest the information submitted by the Government on some efforts taken to diversify occupational choice between men and women by, for example, offering a common curriculum in school grades 7 to 9, instead of the previous situation of choice from grade 7 only between industrial arts or home economics, which tended to divide the students into boys and girls, limiting their exposure to careers which did not correspond to society's preconceived expectations. It asks the Government to keep it informed of steps taken to make the new curriculum available in all schools, and any other measures taken to promote equality between men and women at all levels of educational and vocational training.

3. Noting from the Government's report that it sees a need for a Policy Statement on Women which states its objectives more precisely and provides for a machinery to translate policies more effectively into programmes, and recalling the concern expressed by the CEDAW Committee in 1988 with regard to the absence in Jamaica of any policy to guarantee effectively that a private sector employer hired without prejudice based on sex, the Committee asks the Government to inform it of any policies declared and machinery created to promote equality of opportunity between men and women.

4. The Committee had noted in previous direct requests the Government's statement that, according to national equality policy, there should be freedom of choice and equal opportunities for all in educational and vocational training, and that employers should hire people based on qualifications and not sex, race or ethnicity, class, social background or political or religious preferences. The Committee once again requests the Government to supply information on the practical application of this principle as it has on several occasions in past direct requests. This information should cover the grounds listed in Article 1, paragraph 1(a), of the Convention other than sex, with regard to equality of opportunity and treatment in:

(a) access to vocational training and higher education;

(b) access to employment and to particular occupations; and

(c) terms and conditions of employment.

5. As the Government's report is silent on enforcement and redress, the Committee is obliged to repeat its earlier request for details on any use made of article 25 of the Constitution which provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed with the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information on decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes 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. Noting that the Government's report for 1990-92 is silent in reply to the query on any recent reforms of laws which overtly discriminate against women in relation to employment and occupation, the Committee again asks the Government to communicate in its next report information on any new measures (such as those indicated in the 1989 Government report) taken in recent years concerning laws which discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation.

2. Noting that for several years the Committee has raised the question of occupational segregation, it regrets that the detailed description of education and training policy reforms supplied by the Government does not contain information on the efforts being undertaken to diversify occupational choice between men and women. The Committee therefore repeats its previous request to the Government to supply such information.

3. Noting the Government's statement that the student population is not disaggregated by race or colour since Jamaican society is not overtly divided along racial lines, the Committee requests it supply information, as it has in the past generally, on the practical application, as regards the grounds of prohibited discrimination listed in Article 1, paragraph 1(a), of the Convention other than sex, of the national policy on equality of opportunity and treatment in employment with regard to: (a) access to vocational training and higher education; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. In particular, the Government is asked to provide details on the results achieved by the various means enumerated in Article 3 of the Convention.

4. The Committee notes that the Government, in its report submitted in 1984 on the International Convention on the Elimination of all Forms of Racial Discrimination, stated that it had decided that legislation required under Article 4 of that Convention (rescision of discriminatory laws and adoption of legislation prohibiting racial discrimination) should be enacted. The Committee requests the Government to supply information on the legislative action taken in this respect, supplying copies of texts, and the application in practice of this legislation in the field of employment and occupation.

5. The Committee notes that article 25 of the Constitution provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed to the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information about decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Government's statement in its report that there are no existing laws in Jamaica which discriminate against women, and its reference to the attached National Policy Statement on Women dated July 1987. The Committee notes that the Policy Statement, although silent on the subject of laws which overtly discriminate against women, nevertheless states that legal and administrative reforms are still required to achieve adequate protection and treatment of women under the law, and that the Government will identify the areas in which reforms are required to eliminate discrimination against women in accordance with the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and implement the reforms necessary for the protection and advancement of women. The Committee asks the Government to inform it of the progress made in this regard as regards equality of opportunity and treatment between men and women in employment and occupation.

2. The Committee notes with interest the information submitted by the Government on some efforts taken to diversify occupational choice between men and women by, for example, offering a common curriculum in school grades 7 to 9, instead of the previous situation of choice from grade 7 only between industrial arts or home economics, which tended to divide the students into boys and girls, limiting their exposure to careers which did not correspond to society's preconceived expectations. It asks the Government to keep it informed of steps taken to make the new curriculum available in all schools, and any other measures taken to promote equality between men and women at all levels of educational and vocational training.

3. Noting from the Government's report that it sees a need for a Policy Statement on Women which states its objectives more precisely and provides for a machinery to translate policies more effectively into programmes, and recalling the concern expressed by the CEDAW Committee in 1988 with regard to the absence in Jamaica of any policy to guarantee effectively that a private sector employer hired without prejudice based on sex, the Committee asks the Government to inform it of any policies declared and machinery created to promote equality of opportunity between men and women.

4. The Committee had noted in previous direct requests the Government's statement that, according to national equality policy, there should be freedom of choice and equal opportunities for all in educational and vocational training, and that employers should hire people based on qualifications and not sex, race or ethnicity, class, social background or political or religious preferences. The Committee once again requests the Government to supply information on the practical application of this principle as it has on several occasions in past direct requests. This information should cover the grounds listed in Article 1, paragraph 1(a), of the Convention other than sex, with regard to equality of opportunity and treatment in:

(a) access to vocational training and higher education;

(b) access to employment and to particular occupations; and

(c) terms and conditions of employment.

5. As the Government's report is silent on enforcement and redress, the Committee is obliged to repeat its earlier request or details on any use made of article 25 of the Constitution which provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed with the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information on decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report containing detailed information on secondary, tertiary and vocational education restructuring and statistics on male/female student and training ratios for 1992-93 in reply to its previous direct requests.

1. Noting, however, that the report is silent in reply to the query on any recent legal reforms of laws which overtly discriminate against women in relation to employment and occupation, the Committee again asks the Government to communicate in its next report information on any new measures (such as those indicated in the 1989 Government report) taken in recent years concerning laws which discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation. In addition, the Committee once again requests the Government to communicate copies of the National Policy Statement on Women, mentioned in the Government's report of 1989 as having been adopted in 1987 and of its associated Plan of Action for 1986-87 and for more recent periods and to supply information on the results obtained by these measures towards eliminating discrimination based on sex in employment and occupation.

2. Noting that for several years the Committee has raised the question of occupational segregation, it regrets that the detailed description of education and training policy reforms supplied by the Government does not contain information on the efforts being undertaken to diversify occupational choice between men and women. The Committee therefore repeats its previous request to the Government to supply such information.

3. Noting the Government's statement that the student population is not disaggregated by race or colour since Jamaican society is not overtly divided along racial lines, the Committee requests it supply information, as it has in the past generally, on the practical application, as regards the grounds of prohibited discrimination listed in Article 1, paragraph 1(a), of the Convention other than sex, of the national policy on equality of opportunity and treatment in employment with regard to: (a) access to vocational training and higher education; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. In particular, the Government is asked to provide details on the results achieved by the various means enumerated in Article 3 of the Convention.

4. The Committee notes that the Government, in its report submitted in 1984 on the International Convention on the Elimination of all Forms of Racial Discrimination, stated that it had decided that legislation required under Article 4 of that Convention (rescision of discriminatory laws and adoption of legislation prohibiting racial discrimination) should be enacted. The Committee requests the Government to supply information on the legislative action taken in this respect, supplying copies of texts, and the application in practice of this legislation in the field of employment and occupation.

5. The Committee notes that article 25 of the Constitution provides measures by which the fundamental rights enumerated in its Chapter III may be enforced by the courts and that complaints may be filed to the Ombudsman if the offending person is a government official. Observing that no information has been provided for many years under points III and IV of the report form, the Committee requests the Government to provide information about decisions, if any, taken by the courts and the Ombudsman regarding discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes 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. The Committee notes the information supplied by the Government on the activities of the Women's Bureau, including a dynamic Public Education Programme, the establishment of a National Advisory Council on Women's Affairs in April 1985, Parish Advisory Committees, the adoption in 1987 of a National Policy Statement on Women and a Plan of Action, the setting up of a Crisis Centre, a programme for adolescent mothers, and legal reforms. The Committee further notes the report on employment prepared by the Women's Business for the United Nations End of Decade Conference for Women, which was held in Nairobi, Kenya in 1985.

It requests the Government to communicate with its next report copies of the National Policy Statement on Women, adopted in 1987, and of the Plan of Action, and to supply information on the results obtained thereby as regards equality of opportunity and treatment in employment and occupation. The Committee further requests the Government to include in its next report information on the legal reforms carried out in recent years on laws which overtly discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation.

2. The Committee notes with interest the information supplied by the Government, including statistics, on educational and vocational training programmes, including the number broken down by sex, of students; enrolled in final year vocational programmes in new secondary and technical high schools in 1988-89, access to vocational training in public secondary schools, and entrance to educational and vocational training programmes during 1987-88 at the secondary level and at the university level.

The Committee further notes from the report on employment prepared by the Women's Bureau for the 1985 Nairobi Conference that at the end of 1982 most of the female labour force was employed in service occupations, self-employed and independent occupations, and clerical and sales occupations. It requests the Government to indicate any efforts being undertaken to diversify occupational choice between men and women and the results of those efforts.

In this connection the Committee notes the information supplied by the Government on the College of Agriculture and the national Industrial Vocational Training Programme for Jamaica, particularly the Modular Training Programme which covers areas such as auto mechanics, electrical installation, galvanizing and welding and fabrication. The Committee requests the Government to provide statistical information, in its next report indicating participation by sex, and, where available, by colour, race, religion and national extraction of students and instructors in these institutions.

3. The Committee requests the Government to continue to supply information on the practical application of the national policy to promote equality of opportunity and treatment in employment and education, in particular with regard to (a) access to vocational training and higher education; (b) access to employment and in particular occupations; and (c) terms and conditions of employment and on the results achieved, by the various means enumerated in Article 3 of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes the information supplied by the Government on the activities of the Women's Bureau, including a dynamic Public Education Programme, the establishment of a National Advisory Council on Women's Affairs in April 1985, Parish Advisory Committees, the adoption in 1987 of a National Policy Statement on Women and a Plan of Action, the setting up of a Crisis Centre, a programme for adolescent mothers, and legal reforms. The Committee further notes the report on employment prepared by the Women's Business for the United Nations End of Decade Conference for Women, which was held in Nairobi, Kenya in 1985.

It requests the Government to communicate with its next report copies of the National Policy Statement on Women, adopted in 1987, and of the Plan of Action, and to supply information on the results obtained thereby as regards equality of opportunity and treatment in employment and occupation. The Committee further requests the Government to include in its next report information on the legal reforms carried out in recent years on laws which overtly discriminate against women that have a bearing on equality of opportunity and treatment in employment and occupation.

2. The Committee notes with interest the information supplied by the Government, including statistics, on educational and vocational training programmes, including the number broken down by sex, of students; enrolled in final year vocational programmes in new secondary and technical high schools in 1988-89, access to vocational training in public secondary schools, and entrance to educational and vocational training programmes during 1987-88 at the secondary level and at the university level.

The Committee further notes from the report on employment prepared by the Women's Bureau for the 1985 Nairobi Conference that at the end of 1982 most of the female labour force was employed in service occupations, self-employed and independent occupations, and clerical and sales occupations. It requests the Government to indicate any efforts being undertaken to diversify occupational choice between men and women and the results of those efforts.

In this connection the Committee notes the information supplied by the Government on the College of Agriculture and the national Industrial Vocational Training Programme for Jamaica, particularly the Modular Training Programme which covers areas such as auto mechanics, electrical installation, galvanising and welding and fabrication. The Committee requests the Government to provide statistical information, in its next report indicating participation by sex, and, where available, by colour, race, religion and national extraction of students and instructors in these institutions.

3. The Committee requests the Government to continue to supply information on the practical application of the national policy to promote equality of opportunity and treatment in employment and education, in particular with regard to (a) access to vocational training and higher education; (b) access to employment and in particular occupations; and (c) terms and conditions of employment and on the results achieved, by the various means enumerated in Article 3 of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee thanks the Government for its two most recent reports, which it will examine at its 1991 session, in order to follow the periodicity laid down by the Governing Body. Any further information which the Government may wish to submit will be taken into account at that time.