Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Practical application. In its previous comments, the Committee sought information on the extent to which complaints concerning employment discrimination are being brought before the competent bodies and tribunals and the outcomes of such proceedings. The Committee notes from the Government’s report that in 2005 the Human Rights Commission received a total of 125 complaints, out of which three were discrimination cases. However, no information on the facts and outcome of the cases has been provided. In order to enable the Committee to assess whether the current legislation and its implementation and enforcement provide effective protection from employment discrimination in practice, the Committee requests the Government to provide information on any cases concerning discrimination in employment and occupation dealt with by the Human Rights Commission, as well as the Industrial Relations Court and other tribunals, and to provide information on the facts and outcomes of these cases. Taking into account the apparently low number of discrimination cases being brought, the Committee also reiterates its previous request to the Government to indicate whether consideration has been given to raising awareness of the principle of non-discrimination among workers and employers, as well as lawyers, judges and relevant public officials through education programmes, training or workshops.

2. Sexual harassment. The Committee notes that the Government considers sexual harassment at work as a form of gender-based violence. A victim support unit to assist victims of gender-based violence has been established, training has been provided to human resource practitioners and gender focal points, and a media sensitization campaign has been launched. Further, the Committee notes from the proceedings of the United Nations Committee on Economic, Social and Cultural Rights that legislation was under preparation concerning gender-based violence (E/C.12/2005/SR.5, paragraph 18). The Committee urges the Government to include provisions in its legislation preventing and prohibiting sexual harassment at work, and requests the Government to provide information on the measures taken in this respect.

3. National policy to promote equality of opportunity in employment and occupation. The Committee notes the general information provided by the Government concerning the National Plan of Action for Human Rights (1999‑2009) and the National Gender Policy. It requests the Government to indicate whether any specific measures or activities are being implemented under these instruments to promote equality of opportunity and treatment in employment and occupation.

4. Vocational training. The Committee notes from the Government’s report that the Ministry of Science, Technology and Vocational Training was working to establish an easily accessible local information network on vocational training. It also notes the Government’s indication that promoting women’s access to vocational training was a priority. The Committee requests the Government to continue to provide detailed statistical information reflecting the progress made in increasing the participation of girls and women in vocational training. In this regard, please also indicate the progress made in promoting access of girls and women to training for occupations currently dominated by men.

5. Public service. The Committee notes with interest that the Government has taken a number of measures to achieve a target of 30 per cent women in decision-making position in the public service, including a new performance appraisal system that eliminates the previous reporting model that was seen as inhibiting women’s promotion into senior positions, and a positive action policy. The report indicates that in 2006, 18 per cent of the senior management positions in the public service were held by women. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity of treatment of men and women in the public service as well as information on the results achieved by such action, including statistical information on the distribution of men and women in public service employment at various levels.