Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Dominique (Ratification: 1983)

The Committee notes with deep concern that the Government’s report, due since 2012, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Grounds of discrimination. Legislation. In its previous comments, the Committee requested information on the progress made with regard to the adoption of legislation in conformity with the CARICOM model law, including with respect to sexual harassment. The Committee notes that no legislative amendments have been adopted since. It notes that section 13 of the Constitution contains a general prohibition of discrimination on the grounds of “sex, race, place of origin, political opinions, colour or creed” and that section 10 of the Protection of Employment Act Chap 89:02 prohibits employment termination based on all grounds provided for in Article 1(1)(a) of the Convention, as well as marital status. The Committee observes that: (1) section 13(2) of the Constitution does not cover the ground of discrimination of “social origin”, and that it mentions discrimination based on the “place of origin” but not on “national extraction”; and (2) legislation does not contain a specific reference to sexual harassment. The Committee would like to bring to the attention of the Government that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin (see 2012 General Survey on the fundamental Conventions, paragraph 764). The Committee also notes that a number of legislative provisions, including in the Protection of Employment Act and the Labour Standards Act, refer to employees in masculine by using terms such as “his employment” or “he is entitled”. The Committee wishes to draw the Government’s attention to the importance of using gender-neutral terminology to avoid perpetuating stereotypes. While acknowledging the difficult situation prevailing in the country following the passage of Hurricane Maria, the Committee asks the government to provide information on the measures taken to amend its legislation, including in the process of CARICOM, to implement the principle of the Convention, in particular by covering all grounds of discrimination provided for in Article 1(1)(a) of the Convention, including with respect to sexual harassment. The Committee also asks the Government to provide information on the application, in practice, of the principle of non-discrimination, including on: (i) whether it covers all the aspects of employment and occupation, that is access to vocational training, access to employment and to particular occupations, and terms and conditions of employment; and (ii) whether discrimination based on the “place of origin” includes a person’s place of birth, ancestry or foreign origin. The Committee also asks information on measures taken to ensure that legislation uses gender-neutral language.

Article 2. Gender Equality. In its previous comments, the Committee requested information on the steps taken to follow-up on the 2006 National Policy and Action Plan for Gender Equity and Equality, to improve women’s access to decision-making positions and to collect sex-disaggregated data on participation in employment and training. The Committee notes that, in its report to the United Nations Universal Periodic Review (UPR) in 2019, the Government indicated that gender equality policies needed to be updated in light of the consequences of tropical storm Erika in 2015 and hurricane Maria in 2017, and that a draft National Gender Policy 2018-2028 is being prepared and seeks to promote political and social participation, women’s representation in cabinet, parliament and local government (A/HRC/WB.6/33/DMA/1, 18 February 2019, paragraphs 7 and 11). The Committee asks the Government to provide information on the adoption and implementation of the National Gender Policy 2018-2028, including in relation to the promotion of women’s participation in employment and training and the corresponding collection of sex-disaggregated data.

Ethnic minorities. In its previous comments, the Committee requested information on the implementation of the Integrated Development Plan for Caribs (currently referred to as “Kalinago”) and on the collection of statistical information on their participation in employment and training. The Committee notes that, in its report to the UPR, the Government highlights the creation of a Ministry of Kalinago Affairs in 2005, which in 2019 was transferred to the Ministry of Environment, Rural Modernisation and Kalinago Upliftment, under the Office of the Prime Minister. The Government also refers to the adoption of measures to improve the livelihood of Kalinago people, particularly after the passage of Hurricane Maria, including by providing support to the crafts industry and small businesses (A/HRC/WB.6/33/DMA/1, paragraphs 18–23). The Committee also notes that the 2030 National Resilience Development Strategy includes specific strategies to support the successful implementation of a Kalinago Development Plan and improve data collection. The Committee further refers to its comments regarding the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee asks the Government to provide information on the impact of the implementation of the Kalinago Development plan, the 2030 National Resilience Development Strategy, and other measures as regards the promotion of equality and non-discrimination of ethnic minorities in employment and occupation, including their participation in employment and training.

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 3. Cooperation with employers’ and workers’ organizations. The Committee asks the Government to indicate the role of workers’ and employers’ organizations in the development and implementation of the National Gender Policy 2018–2028, the Kalinago Development Plan and other policies relevant to promote equality and non-discrimination in employment and occupation. The Committee asks the Government to provide information regarding awareness-raising activities on the principles of the Convention undertaken in cooperation between the Government and employers’ and workers’ organizations.