Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Legislation prohibiting discrimination in employment and occupation. For a number of years the Committee has emphasized the fact that the existence of general provisions on equality is insufficient to address specific situations of discrimination in employment and occupation and that, given the persistence of certain types of discrimination, in most cases comprehensive anti-discrimination legislation is needed to apply the Convention effectively (see the General Survey on fundamental Conventions, 2012, paragraphs 854–855). The Committee notes that once again the Government refers to section 3 of the Labour Code, which provides for the equality of all workers before the law and for the abolition of any form of discrimination, and to section 50 of the Code, which states that any termination of an employment contract on the basis of the worker’s opinions, union or religious activities, membership of an authorized social, literary, political, artistic or sporting association, or sex or race, shall be deemed to constitute wrongful dismissal. The Government also states that the adoption of explicit provisions is an idea to be taken into account in the revision of the Labour Code. Noting this indication, the Committee requests the Government to provide information on the progress made on the revision of the Labour Code and to ensure that the new Labour Code includes provisions applicable to all workers defining and explicitly prohibiting direct and indirect discrimination, in all aspects of employment and occupation and covering at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. Please also provide details of the measures taken in this respect.

Domestic work. In its previous comments, the Committee noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code so as to broaden the rights of domestic workers, especially with regard to holidays and rest days, and to ensure that they are covered by all the provisions laid down in sections 316 ff. of the Labour Code (gender equality, equal pay for work of equal value, and maternity protection). The Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive Authority. The Committee requests the Government to take the necessary steps to ensure that the Domestic Work Act amending the Labour Code is promulgated in the near future. It also requests the Government to indicate the measures taken to raise awareness of workers, employers and their organizations, as well as labour inspectors and judges of the rights of domestic workers pursuant to the new provisions of the Labour Code, and also to provide information on any complaints received by the competent authorities, and the results thereof.

Article 2 of the Convention. Gender equality policy. The Committee notes the Government’s statement that the status of women in Haitian society is undergoing genuine change, especially as regards an ever increasing number of women holding political office and senior civil service posts. As regards the private sector, the Government adds that more and more women are heads of companies. The Committee further notes that a Bill on responsible paternity and a guide to legal assistance for women and girls who have been victims of violence have been drawn up. The Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey, 2012, paragraph 848). The Committee requests the Government to supply information on the measures taken to implement a genuine policy for gender equality in employment and occupation, especially measures designed to improve women’s access to paid employment and self-employment, and to combat gender stereotypes and prejudice concerning their aspirations, abilities and suitability for certain jobs. It also requests the Government to provide information on any measures taken, especially in rural areas, to encourage girls to attend and stay in school and to undertake vocational training, including in areas where boys traditionally predominate. Please also provide any available statistics to enable an evaluation of the situation of women and men in the public and private sectors, if possible according to economic sector and occupational category.

Sexual harassment. The Committee recalls that the Labour Code does not contain any provisions concerning sexual harassment and that the Ministry of Social Affairs and Labour (MAST) undertook to submit proposals to the Tripartite Committee on Consultation and Arbitration responsible for revising the Labour Code with a view to incorporating such provisions. The Government indicates that in the absence of legal provisions, the Labour Directorate of MAST, via the labour inspectorate, recommended company managers to include clauses on sexual harassment, including the relevant penalties, in company regulations and collective agreements. The Committee recalls that the range of practical measures adopted by governments to address sexual harassment includes telephone helplines, legal assistance or support units to assist victims of sexual harassment, structures mandated to institute administrative proceedings with regard to cases of sexual harassment, and training for the social partners and labour inspectors. Other examples include codes of conduct or guidelines applicable in both the private and public sectors, and a national policy on sexual harassment in the workplace developed in consultation with the tripartite social partners, establishing the employer’s responsibilities and a grievance procedure (General Survey, 2012, paragraphs 789–794). The Committee therefore again encourages the Government to include in the labour legislation provisions which define and prohibit both quid pro quo and hostile environment sexual harassment, and to make provision for adequate means of recourse and penalties. It requests the Government to consider formulating and implementing practical measures to prevent and eliminate sexual harassment in employment and occupation in cooperation with employers’ and workers’ organizations. The Committee also requests the Government to send information on action taken by employers further to recommendations by the labour inspectorate regarding sexual harassment, and on any complaints dealt with by the competent authorities.

National extraction and access to the public service. In its previous comments, the Committee noted that the Working Party on the Constitution (GTC), which was set up in February 2009, recommended in its report that the Constitution should be amended so that the public service would be accessible to any Haitian, subject to conditions of eligibility and access laid down by the Constitution and by law. The Committee notes that, according to the Government’s report, the constitutional amendment in question was indeed approved by Parliament but procedural problems arose when the document was transmitted by Parliament to the Executive Authority which delayed its entry into force. The Committee also understands that this amendment was due to be published and would therefore have come into force in 2012. The Committee therefore requests the Government to clarify the status and content of the constitutional amendment adopted by Parliament, indicating whether the conditions concerning national extraction with regard to access to the public service have been repealed and specifying the conditions governing access to the public service.