Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

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

1. Further to its observation, the Committee notes that section 28 of the Prevention of Discrimination Act, No. 26 of 1997 stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990. The Committee recalls that section 2(3) of the Equal Rights Act provides for women and men to be paid "equal remuneration for the same work or work of the same nature". In the Committee's view, section 2(3) of the Equal Rights Act would appear to restrict the application of equal remuneration to the same work or work of the same nature -- a concept which is narrower than that required in the Convention and enshrined in section 9 of Act No. 26 of 1997. Since the latter fully incorporates the provisions of the Convention, the Committee requests the Government to resolve any conflict between the two Acts in a manner that would ensure that Act No. 26 would take precedence over the Equal Rights Act.

2. The Government is requested to indicate any measures taken or envisaged to promote and supervise the application of the new Act as it relates to equal remuneration for men and women workers, including activities undertaken by the Chief Labour Officer. Please also supply information on court decisions based on the equal pay provisions both of Act No. 26 of 1997 and the Equal Rights Act of 1990.