Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. Article 1 of the Convention. Prohibition of discrimination. Political opinion. The Committee notes from the Government’s report that, under section 14(e) of the Labour Act of 2003, the prohibition of discrimination in employment on the basis of “politics” generally refers to an individual’s participation in the activities of a particular party. With respect to section 63(2)(d) of the same Act, the Government indicates that unfair dismissal on account of a person’s “political status” refers to an individual’s position in a particular political party. The Committee reminds the Government that the prohibition of discrimination on the basis of political opinion, as contained in the Convention, covers a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party.

2. Social origin. The Committee further notes the Government’s response with regard to the ground of “social status” set out in sections 14(e) and 63(2)(d) of the Labour Act. The Government indicates that the employment of a worker based on social origin constitutes an unfair labour practice and is discouraged by the Labour Act. The Committee wishes to point out that discrimination on the basis of social origin arises when an individual’s membership in a class, a socio-occupational category or a caste determines his or her occupational future either by denying him or her certain jobs or activities or, on the contrary, by assigning him or her to certain jobs (General Survey on equality in employment and occupation, 1988, paragraph 54). It also reminds the Government that the prohibition of discrimination on the grounds of social origin does not merely cover situations of preferential hiring but includes any circumstance which has the effect of nullifying or impairing equality of opportunity or treatment in employment and occupation, including access to vocational training, access to employment and particular occupations, as well as regarding the terms and conditions of employment. The Government is, therefore, asked again to indicate whether the ground “social status” as appears in sections 14(e) and 63(2)(d) of the Labour Act, prohibits discrimination on the basis of social origin in employment and occupation in conformity with Article 1 of the Convention.

3. Discrimination on the basis of sex. Sexual harassment. In its report, the Government states that under the Labour Act of 2003, sexual harassment constitutes gender discrimination within the meaning of section 14(e). The Committee notes, however, that the definition of sexual harassment at section 175 of the Act does not appear to cover hostile work environment harassment. It reminds the Government that the scope of sexual harassment as outlined in the Committee’s general observation in 2002 includes the notion of hostile work environment, which relates to conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Government indicates that the new labour inspection report form is intended to address sexual harassment in employment. However, apart from questions relating to pornography and bullying, the Committee notes that there is no explicit question inquiring about the incidence of sexual harassment in the workplace. In this respect, the Committee also notes from the Government’s report to the Committee on the Elimination of Discrimination against Women that it has difficulty assessing whether workplace sexual harassment is a problem faced by Ghanaian women since cases of sexual harassment are not reported (CEDAW/C/GHA/3-5, paragraph 150). The Committee asks the Government to clarify whether the definition of sexual harassment in the Labour Act also covers “hostile work environment” as set out in the 2002 general observation. In addition, the Government is requested to provide information on the measures taken to more accurately assess the prevalence of sexual harassment in employment and occupation (for example, through a more targeted labour inspection form) and to indicate what additional steps it is taking or considering to prevent sexual harassment in practice and to ensure that victims of such practices have the opportunity to bring complaints and seek appropriate redress.

4. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with interest the affirmative action policy for women accompanying the Government’s report. It notes under this policy, the appointment of a Committee on Affirmative Action to monitor the policy’s overall implementation, which includes action on greater representation of women in parliament and at regional levels of administration, more effective education and training for women and raising public awareness on gender issues. Noting that these affirmative action measures will be periodically reviewed, the Committee asks the Government to include information in its next report on the achievements of this policy towards promoting equality between men and women in employment and occupation, including progress on the objective of having 40 per cent of positions in the public sector filled by women. The Government is also asked to include information on the ongoing work of the Committee on Affirmative Action with respect to the application of the Convention and on the measures taken or under consideration to promote gender equality in the private sector (formal and informal), particularly in rural areas. Please also provide information on the possible introduction of paternity leave as indicated in the Government’s CEDAW report (CEDAW/C/GHA/3-5, paragraph 148).

5. Education and training. The Committee notes the Government’s indication that article 25(1) of the Constitution ensures equal access to education. It recalls that the 1961 Education Act provides that any person refusing a pupil access to an educational establishment on the grounds of religion, nationality, race or language of the pupil or his or her parents shall be fined (section 22(4)). Recalling that the Education Act is currently under review, the Committee again asks the Government to take the necessary measures to ensure that the new legislation will provide for equal access to education on all the grounds listed in Article 1(1)(a) of the Convention, including political opinion, and to keep the Committee informed in this regard.

6. Article 3(d). Civil service. With respect to disciplinary action applicable to public servants, the Committee recalls that article 191(b) of the Constitution provides that no member of the public service shall be “dismissed, removed from office, reduced in rank or otherwise punished without just cause”. Given that sections 76 and 77 of the Civil Service Act give a fairly general definition of misconduct, the Committee notes the Government’s explanation that “just cause” in this case means “deserved or appropriate under the circumstances to be punished”. The Committee asks the Government to indicate what legal assurances exist to protect civil servants from dismissal on the basis of discriminatory grounds as contained in the Convention. In this regard, the Committee reiterates its request for a copy of any regulations adopted pursuant to section 81(2) of the Civil Service Act relating to disciplinary procedures in cases of misconduct or unsatisfactory service, together with information on the nature of the confirmations of major disciplinary sanctions imposed by the Civil Service Council. Please also indicate whether confirmation is meant to serve as an appeal and, if so, whether the concerned civil servant has the right to due process.

7. Parts III and IV of the report form. Enforcement. With respect to the complaints procedures and remedies available to victims of discrimination and the sanctions that can be imposed for infringements of section 14(e), the Committee notes the Government’s reference to section 64 of the Labour Act. It notes from this provision that workers who allege that their employment has been unfairly terminated may present a claim to the National Labour Commission which, upon finding in favour of the claimant, may order the employer to reinstate the worker, re-employ the worker or order the employer to pay compensation to the worker. The Committee notes that section 64 of the Labour Act is limited, however, to cases where the discriminatory treatment took place upon an employee’s dismissal. The Committee asks the Government to indicate what recourse is available to workers who experience discrimination in access to employment, in the terms and conditions of their employment, or in access to vocational training. In this respect, the Government is requested to provide information on any relevant cases decided by the National Labour Commission or any other adjudicative body, such as the Commission on Human Rights and Administrative Justice regarding discrimination in employment or occupation.

8. The Committee notes that the Labour Department designed a new labour inspection and child labour monitoring report form. It notes that this report form asks establishments, among other things, to indicate the number of workers employed and their rates of remuneration disaggregated by sex, the number of disabled workers employed, the number of labour complaints lodged and the nature of such complaints, information on terminations as well as on HIV/AIDS in the workplace. The Committee asks the Government to indicate how, in the course of inspections, the labour inspectorate monitors discriminatory treatment on the basis of all the grounds listed under the Convention. It further requests the Government to provide information on the number, nature, and outcome of cases involving sections 14, 63(2)(d) or 63(3)(b) of the Labour Act reported to or addressed by the labour inspectors, including in enterprises situated in export processing zones.