Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Granada (Ratificación : 2003)

The Committee notes with deep concern that the Government’s reports, due since 2019, have not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 to 3 of the Convention. Protection against discrimination. Legislation. Scope of application. The Committee recalls that: (1) pursuant to section 26 of the Employment Act (Act No. 14 of 1999), discrimination is prohibited “against any employee on the grounds of race, colour, national extraction, social origin, religion, political opinion, sex, marital status, family responsibilities, age or disability, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship”; (2) the Employment Act excludes from its scope of application members of the police force, armed forces or to prison guards or officers except those employed in a civilian capacity; and (3) the Police Act (Act No. 38 of 1966) and the Prison Act (Act No. 11 of 1980) do not contain specific provisions prohibiting discrimination on the grounds set out in the Convention. Recalling the Government’s obligation to protect all categories of workers against discrimination in employment and occupation, the Committee asks once again the Government:

• (i)to examine the possibility of reviewing the Police Act and the Prison Act to insert provisions guaranteeing that members of the police force and prison guards or officers are protected against discrimination; and
• (ii)in the meantime, to provide information on any steps taken or envisaged to ensure that all categories of workers excluded from the scope of the Employment Act benefit effectively from a protection against discrimination.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that a Sexual Harassment Bill was being drafted and the revision of the Employment Bill, which addresses the issue of sexual harassment in employment and occupation, was being undertaken. The Committee notes from the Comprehensive National Review on Implementation of the Beijing Declaration and Platform for Action of May 2019 (the Beijing+25 report) that, as of 2019, the draft legislation on sexual harassment had not been approved. The report, which reproduces the conclusions of the research made by the Grenada National Training Agency, identifies “the potential for sexual harassment, with a higher risk in male dominated workplaces” as a barrier to the employment of women. The Committee asks the Government to provide information on the measures taken to speed up the adoption of legal provisions on sexual harassment in employment and occupation, either in a separate legislation or through the amendment of the Employment Act. It asks the Government to ensure that such legislation:

• (i)clearly defines and prohibits both quid pro quo and hostile environment sexual harassment in employment and occupation; and
• (ii)provides for specific preventive measures and remedies, including complaint mechanisms, protection against reprisals, sanctions and compensation.

The Committee asks the Government to take steps to:

• (ii)raise awareness among employers, workers and their organizations about the issue, including through the design and implementation of codes of conduct and sensitization campaigns;
• (ii)reinforce the capacity of law enforcement officers to detect and address cases of sexual harassment in employment and occupation; and
• (iii)collect information on instances or sexual harassment.

The Committee also asks the Government to provide information on cases of sexual harassment in employment and occupation reported to or detected by the labour inspectors and dealt with by the courts.

Articles 2 and 3. National equality policy.The Committee asks once again the Government to provide information on:

• (i)any specific measures taken or envisaged to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin; and
• (ii)any specific steps taken, in collaboration with the social partners, to raise awareness of the principle of equality and non-discrimination in employment and occupation among the general public but also among labour inspectors, judges, and workers’ and employers’ organizations.

Gender equality. The Committee takes note of the Gender Equality Policy and Action Plan 2014-2024, which highlights the existence of gender segregation on the labour market and the persistence of gender stereotypes. It welcomes the objectives of this policy, such as the review of legislation to identify gender-based discrimination, the elimination of gender stereotypes, the encouragement of men’s participation in life and the promotion of men’s and women’s participation in the labour force. The Committee notes that, according to the 2013-2016 data presented in the Beijing + 25 report: (1) women remain underrepresented in the labour force compared to their male counterparts; (2) youth unemployment is high for both men and women, but strongly higher for young women; (3) strong education rates for women in the tertiary sector do not seem to translate into strong labour force participation rates; (4) a larger share of women wage earners earn in the lower wage classes; (5) the workforce is structured by sex stereotyping and gendered labour segregation; (6) men are disproportionately concentrated in the agriculture sector; and (7) data on land ownership points to strong disadvantages for women. Based on research by the Grenada National Training Agency, the report identifies the following as barriers to women’s employment: stereotypes regarding gender roles which impact on women’s, men’s and employers’ perceptions of suitable jobs and tasks for women versus those for men; discrimination related to women’s reproductive and family and caregiving responsibilities; employers’ reluctance to make adequate provisions for male and female employees (for example toilet facilities); and the lack of public transportation throughout the country during the night. TheCommittee asks the Government to provide information on:

• (i)any measures adopted, activities undertaken and results achieved in the realization of gender equality in employment and occupation in the framework of the Gender Equality Policy and Action Plan; and
• (ii)more specifically, the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented and to combat the obstacles, such as stereotypes, prejudices and practices, faced by men and women in relation to their educational, vocational and occupational opportunities.

Article 5. Special measures. In the absence of new information in this regard, the Committee reiterates its previous comments, which read as follows:

Noting the Government’s indication that no measures have been taken pursuant to section 26(2) of the Employment Act, the Committee had requested information as to whether consideration has been given to the need for such measures, in particular with regard to improved access to employment and training for groups that have traditionally experienced discrimination. In its report, the Government draws the attention of the Committee to section 45.2 of draft revised Employment Act which stipulates that: “Subsection (1) does not preclude any provision, program or activity that has as its object the amelioration of conditions of disadvantaged individuals, including those who are disadvantaged on the grounds listed in subsection (1)”. Noting that the possibility of adopting special measures has been recognized formally by the draft revised Employment Bill, the Committee wishes to invite the Government to consider formulating programmes or implementing activities that have, as their objectives, the amelioration of conditions of disadvantage experienced by some groups, including those disadvantaged on the grounds enumerated in the Convention. It also asks the Government to provide information on the progress made in the adoption of the Bill.

Monitoring and enforcement. The Committee asks the Government to provide information on:

• (i)the number and results of inspections carried out by the labour inspectors in relation to discrimination, pursuant to section 26 of the Employment Act;
• (ii)the number and nature of cases of discrimination brought before the courts, the penalties applied and remedies granted; and
• (iii)any measures taken to raise public awareness of the provisions of the Convention, the procedures and remedies available, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination.

Statistics. The Committee notes from the UN Women report on the “Status of Women and Men Report: Productive Employment and Decent Work for All” (2019) that the employment rate of men and women was 57 per cent and 44 per cent respectively, in 2017. The Committee asks the Government to provide up-to-date statistical information, disaggregated by sex, on the rates of participation of men and women in education, vocational training and the labour market, in both the private and public sectors and by occupational category, if possible.