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

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Guyana (Ratification: 1975)

Autre commentaire sur C111

Observation

Demande directe

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Article 1(1) of the Convention. Discrimination based on sexual orientation and gender identity. In its previous comments, the Committee asked the Government to provide information on any steps taken or envisaged to prevent and address discrimination based on sexual orientation and gender identity in employment and occupation, including legislative and awareness-raising measures. The Government replies that: (1) the Laws of Guyana do not expressly proscribe discrimination in employment and occupation on the basis of sexual orientation and or gender identity; (2) nevertheless there is no policy in the public sector discriminating against persons on the basis of sexual orientation and gender identity; and (3) the Ministry of Labour is not in the possession of any complaints from persons alleging discrimination on the basis of sexual orientation and or gender identity in employment in the public or private sector. The Committee notes, however, that the Government states that it is actively considering amending the Prevention of Discrimination Act to add sexual orientation and gender identity as prohibited grounds of discrimination, and that in 2021 the Ministry of Labour collaborated with the Society Against Sexual Orientation Discrimination (SASOD) Guyana to raise awareness on the issue of stigma and discrimination in the workplace. The Committee asks the Government to provide information on: (i) the progress achieved in amending the Prevention of Discrimination Act to add sexual orientation and gender identity as prohibited grounds of discrimination; and (ii) any activities undertaken in collaboration with SASOD Guyana or other entities to raise awareness on the issue of stigma and discrimination in the workplace.

Articles 1 and 2. Equality of opportunity and treatment for men and women. Following its previous comments, the Committee notes the information provided by the government on: (1) the obstacles that hinder women’s access to, and advancement in, employment and occupation; (2) the awareness-raising measures to combat any gender stereotypes and patriarchal attitudes that assume that the burden of domestic and caring responsibilities must be borne by women; and (3) the status of the National Gender and Social Inclusion Policy and the activities of the Women and Gender Equality Commission (WGEC). The Committee notes the Government’s indication that it aims to provide training to participants so that they can have accredited certificates, which will improve their employability or help them start their businesses, thus gaining economic benefits along with boosting their self-confidence and individuality. The Government continues to launch initiatives and social development programs such as the Guyana Online Academy of Learning (GOAL), which is tasked with awarding 20.000 scholarships by 2025 – in 2021, 6000 scholarships have already been awarded (69 per cent women and 31 per cent men). Additionally, the Ministry of Human Services and Social Security launched its Women’s Innovation and Investment Network (WIIN) in May 2021, opened to women all across Guyana and available both online and in person. In August 2021, the business incubator located at the Guyana Women's Leadership Institute was launched to assist women in the registration of their businesses, finding funding, and developing networks as well as assist in the marketing of their businesses. The Small Business Bureau has trained 1646 female entrepreneurs between 2017 and 2020, of which 36 per cent were from the hinterland regions, 723 female entrepreneurs received grants and 88 received loans. The Committee observes the government statement that women account for a large percentage of the workforce in the following occupations: judges, magistrates, attorneys-at-law, permanent secretaries, teachers and nurses. The Committee notes the measures taken in favour of women to access to, and advance in, employment and occupation. Concerning the measures to combat gender stereotypes and patriarchal attitudes, the Committee notes that the Gender Affairs Bureau (GAB) conducted awareness and sensitization sessions in a bid to change the perception of the roles of women and increasing respect for women and addressing the issue of toxic masculinity, with 450 rural men being engaged. The Committee notes the information provided by the Government in its 2020 report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), indicating that it had developed a national strategy or action plan for gender equality that was called the National Gender Equality and Social Inclusion Policy (NGESIP) foreseen to cover the period 2018-2023 but that it was still seeking funds for its full implementation (Beijing +25 national report, pages 38-39). In its report to the Committee, the Government states that the policy is currently under review by the Ministry of Human Services and Social Security and will be approved and adopted by the Cabinet. The Committee asks the Government to provide information on: (i) the impact of the measures taken to develop women’s employability; (ii) the content of the awareness and sensitization sessions to combat any gender stereotypes and patriarchal attitudes that hinder women’s access to the labour market and on the impact of these sessions; and (iii) the adoption and implementation of the National Gender and Social Inclusion Policy.

Finally, concerning the activities of the Women and Gender Equality Commission (WGEC) and the GAB, the Committee notes that the WGEC is tasked with supporting the application of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the fulfilment of the Sustainable Development Goal No. 5: “Gender Equality”. The Committee also notes the WGEC 2017-2018 annual report, which indicates a wider vision, mission and mandate, listing 14 points of action. In addition, the Committee notes the activities realized by the GAB between August 2020 and 2021, in particular: (1) training of seven Regional Gender Affairs Committee (RGAC), on Gender Mainstreaming, planning, and the concept of Gender and Development (105 persons); (2) Conflict Resolution and Mediation training for members of the Support and Heal Network and Staff of the Ministry of Human Services and Social Security (68 persons); (3) design and distribution of 3000 brochures on the CEDAW at a glance and Sexual Harassment; (4) Train-The-Trainers Workshop for 70 Senior Community Policing Officers in collaboration with the National Community Policing Group to conduct training in areas of Masculinity, Conflict Resolution and Anger Management; (5) The Men's Virtual Hangout which is an initiative to create spaces for men to share their perspectives on issues that affect them and learning from each other’s (354 men); (6) creation of 5 Regional Men’s Groups that will work in collaboration with the Ministry to address issues affecting men in the Regions in order to engage men as partners for Gender Equality and address Masculinity; and (7) reconstitution of the Inter-Ministry Gender Focal Point Committee (IMC), which aims to mainstream gender in all Government Agencies and to serve as the coordinating committee for the implementation of the CEDAW. The Committee asks the Government to provide information on the impact of these measures, in particular updated statistics on the situation of men and women in different occupations, including at the decision-making level, and in all sectors of the economy.

Indigenous peoples. In response to the Committee previous request to the Government to provide information on the development and results of the Hinterland Employment and Youth Service (HEYS) programme, the Government notes that this programme has been ended and that the Ministry of Amerindian Affairs has re-established the Community Support Officers (CSO) Programme. The CSO programme aims to help young Amerindians in several villages and communities in creating job opportunities, building capacity and in strengthening their interests and skills. Areas of training include, inter alia, information and communication technology, installation and maintenance of solar panels, training and licensing of drivers. Currently, the CSO programme has hired 2039 Community Service Officers, of which 69 per cent are women. Several government agencies offer other training opportunities to Amerindian communities, including the Board of Industrial Training, the Ministry of Education, the Ministry of Amerindian Affairs, the Guyana Forestry Commission, the Ministry of Culture, Youth and Sport, the Ministry of Local Government & Regional Development, NAREI, etc. Areas of training include agriculture, information & communication technology, entrepreneurship, gender and personal empowerment, capacity-building and technical and vocational training. Traditional activities are also encouraged, and training is provided in shade farming. The GOAL Scholarship programme awarded 782 scholarships to persons from the hinterland regions and women represented 75, 73, 70 and 71 per cent of the awardees from regions number 1, 7, 8 and 9 respectively. Additionally, 1112 Amerindians benefited from scholarships for secondary schools and technical training between 2015 and 2020. Finally, persons in the hinterland regions have access to the Government’s Medex (in Guyana, “Medex” are mid-level managers, responsible for the maternal and child health aspect of health care in their respective region or sub-district. In some areas, they are also responsible for chronic Non-Communicable Disease clinics especially where there is no doctor), nursing and teachers’ training programmes, and the Police Force recruited 43 Amerindians, of which 23 per cent are female officers. The Committee notes this information. In the absence of information on these points, the Committee reiterates its request to the Government to provide: (i) any available information, disaggregated by sex, on the situation of persons from indigenous peoples in employment and occupation, including in entrepreneurship and traditional activities; and (ii) detailed information on the activities carried out by the Ethnic Relations Commission and the Indigenous Peoples Commission, and their impact in the fields of education, training, employment and occupation.

Enforcement and statistics. Previously the Committee asked the Government: (1) to provide information on the enforcement of the legislation prohibiting discrimination on the grounds set out in the Convention, (2) to ensure effective access to and the functioning of the enforcement mechanisms dealing with complaints of discrimination; and (3) to ensure that it is in a position to collect and compile statistical data, disaggregated by sex, on the participation of men and women, as well as the different ethnic groups, in the various sectors and occupations. The Committee notes that in its reply the Government merely lists the existing enforcement entities (Ethnic Relations Commission, Women and Gender Equality Commission, Indigenous Peoples Commission) and the legal framework in place (Constitution, 1980; Equal Rights Act, 1990; Prevention of Discrimination Act, 1997). As regard the Committee’s request for data on the participation of men and women, as well as the different ethnic groups, in the various sectors and occupations, the Government states that it will take steps to improve data collection and that the country does not collect data on ethnicity.

In this regard, the Committee refers to its 2018 general observation pointing out that, in countries where legislation and procedures do not allow for the collection and publication of employment statistics disaggregated by ethnic origin, qualitative research on the nature and extent of labour inequalities, including its underlying causes, is a crucial tool. In addition to any statistical data, the Committee asks the Government to provide: (i) copies of any specific surveys, studies or research undertaken to determine the nature, extent and causes of discrimination in the public and private sectors, where available; (ii) the number, nature and outcomes of cases of discrimination in employment and occupation examined by the labour inspectorate, the courts or the equality bodies such as the Ethnic Relations Commission, the Women and Gender Equality Commission, and the Indigenous Peoples Commission; and (iii) information on the specific measures taken to raise awareness among social partners of the principles of equality and non-discrimination. The Committee also asks the Government to strengthen the enforcement of its non-discrimination and equality legal framework by ensuring effective access to remedies for victims and sufficient resources and adequate training for relevant institutions.