Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Malta (Ratification: 1968)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislative developments. The Committee notes section 2(1) of the Equality for Men and Women Act, as amended in 2012, which expands the coverage of the law beyond sex and family responsibilities to cover also sexual orientation, age, religion or belief, racial or ethnic origin, and gender identity. The Act was also amended in 2014 with respect to the shifting of the burden of proof, which is now applicable in any proceedings concerning the application of the principle of equal treatment. The Committee further notes that the National Commission for the Promotion of Equality (NCPE) examined three complaints on the basis of age and three complaints on the basis of sexual orientation in 2013 (NCPE, Annual Report 2013, page 20) and that the Employment and Training Corporation (ETC) has implemented various programmes to improve the access to employment of persons with disabilities. The Committee asks the Government to continue providing information on any complaints on discrimination filed with the NCPE, including any remedies provided or sanctions imposed. The Committee also requests the Government to provide information on the implementation of the Equal Treatment in Employment Regulations, 2004, including the number of cases brought to the courts or the NCPE pursuant to the Regulations and the grounds of discrimination alleged, as well as the cases of discrimination dealt with by the labour inspection and their outcome. Please also include information on the results achieved by the various programmes undertaken by the ETC seeking to increase access to employment for persons with disabilities.

Article 1 of the Convention. Grounds of discrimination. Social origin. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislation or practical measures providing protection against discrimination on the ground of social origin. The Committee notes that once again the Government has not provided any information in its report on the measures taken or envisaged in law or practice to address discrimination on the basis of this ground. The Committee recalls that social origin refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned to only certain jobs. It also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds set out in Article 1(1)(a) of the Convention and that the protection afforded by the national legislation needs to be continually reviewed to ensure that it remains appropriate and effective, particularly in light of the regularly changing context and newly emerging grounds (see General Survey on the fundamental Conventions, 2012, paragraphs 802 and 853). The Committee once again asks the Government to provide information on any progress made in this respect and to indicate any measures taken or envisaged to address discrimination on the ground of social origin in employment and occupation with a view to ensuring protection against discrimination on at least all the grounds provided for in Article 1(1)(a) of the Convention.

Sexual harassment. The Committee notes that the Government has provided no information on the practical application of the public service guidelines on sexual harassment, the number of sexual harassment complaints lodged and the penalties imposed pursuant to section 9 of the Equality for Men and Women Act, which defines sexual harassment in employment and occupation, and section 29(2) of the Employment and Industrial Relations Act, which prohibits sexual harassment. The Committee notes, however, that according to a report of the National Commission for the Promotion of Equality (NCPE) in 2012, around one in ten women has been a victim of sexual harassment and that many of these instances are not reported to the authorities (Unlocking the female potential: Research report, January 2012, page 39). The Committee further notes that only two sexual harassment complaints were lodged with the NCPE in 2013, one of which was dismissed as unfounded. The Committee once again requests the Government to provide information on the practical application of section 29(2) of the Employment and Industrial Relations Act and section 9 of the Equality for Men and Women Act, including on the number of complaints filed regarding sexual harassment in employment and occupation in the private and public sectors and the penalties imposed. The Committee also requests the Government to provide information on the practical application of the guidelines on sexual harassment issued by the public service and to indicate any awareness-raising measures undertaken or envisaged regarding both quid pro quo and hostile environment forms of sexual harassment in the private sector.

Articles 1 and 2. Sex discrimination. The Committee has been referring for a number of years to the pre-1980 requirement for female public officers to resign due to marriage, and the negative impact of this measure on their pensionable remuneration. The Committee notes that the Government continues to provide no response on this matter. The Committee notes that, according to another report by the NCPE, 28 per cent of employers openly claim to take gender into consideration when recruiting new employees (Unlocking the female potential: Final report, December 2012, page 15). The Committee recalls that the Convention expressly addresses access to employment and that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention. The Committee further recalls that sex based discrimination in the recruitment process is prohibited by section 4(1) of the Equality for Men and Women Act, 2003, which declares it unlawful to discriminate based on sex directly or indirectly “in determining who should be offered employment”. The Committee asks the Government to indicate the number of women who were re-employed following the withdrawal of the requirement to resign upon marriage, and it urges the Government to address the issue that periods of service that had ended as a result of this requirement are not recognized for the purposes of calculating pensions. The Committee further asks the Government to provide information on any measures taken, including through awareness-raising campaigns, to address sex-based discrimination during the recruitment process, in accordance with section 4(1) of the Equality for Men and Women Act, as well as on any complaint filed in this respect with the NCPE or the judicial authorities.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes that the “Strengthening equality beyond legislation programme”, adopted in 2010, aims to address six grounds of discrimination: age, religion or belief, disability, race and ethnic origin, sexual orientation, and gender. The Committee further notes that some initiatives have been adopted to address discrimination on the ground of race and that in its 2013 report the NCPE refers to several activities related to race discrimination to be carried out in 2014. The Committee also notes the results of a study published in 2014 by the Department of Industrial and Employment Relations entitled “The Conditions and Employment and the Level of Integration of Third Country Nationals at their Place of Work”, which reveals that 88.3 per cent of workers from sub-Saharan Africa, as well as over half of workers from Asia, the Middle East and North Africa observed that their pay was less than that of workers of Maltese origin. The Committee further notes from the information provided by the Government to the United Nations Human Rights Committee that training on diversity management would be provided to public and private sector employers to encourage them to develop equality action plans and carry out diversity audits within their organizations (A/HRC/25/17/Add.1, 11 March 2014, paragraph 43). The Committee requests the Government to provide specific information on the implementation and results of the “Strengthening equality beyond legislation programme”, as well as on any other programmes and projects addressing discrimination, in particular the initiatives undertaken to combat racial or ethnic discrimination with respect to all aspects of employment and occupation. The Committee also requests the Government to provide information on any awareness-raising and diversity training programmes implemented for employers and their results. The Committee further requests the Government to provide statistical information on labour force participation in the public and private sectors disaggregated by sex, ethnic and/or national origin.

Equality of opportunity and treatment of men and women. The Committee notes that, in the framework of the “Living Equality” project, several training sessions were held for public officials covering the topics of gender auditing, gender impact assessments and the need for an equality policy in every workplace (Living equality final report, January 2009, pages 10–11). The Committee also notes the various projects and activities currently being carried out by the NCPE, such as the “Equality Mark Certification,” and it notes that the Government has enacted tax exemption schemes both for women who continue to work after childbirth and for those who return to the labour force after five years without employment. However, the Committee notes that, according to a January 2013 publication by the European Commission on “Gender balance in boards”, women represent just 3.5 per cent of the board members of the largest publicly listed companies in the country. In this respect, the Committee notes that in its 2013 report, the NCPE refers to the Directory of Professional Women established in 2014, which seeks to facilitate women’s access to higher paid positions by providing training on supervisory and decision-making skills and offering women the opportunity to be mentored by persons occupying high-level jobs. The Committee requests the Government to provide specific information on the projects and measures, including training and awareness-raising campaigns, adopted by the NCPE to promote equality of opportunity and treatment between men and women in employment and occupation and their impact on the women’s participation rate. The Committee requests the Government in particular to provide information on the implementation of the Directory of Professional Women project, as well as on all specific measures taken or envisaged to promote the access of women to vocational training and education, including activities traditionally carried out by men, and the results achieved.

Family responsibilities. With regard to the measures to increase the sharing of family responsibilities, the Committee notes that, according to the NCPE, childcare presented the most significant obstacle to women’s participation in the labour market (Unlocking the female potential: Final report, December 2012, page 15). In this respect, the Committee notes the Government’s introduction of free childcare centres in April 2014. The Committee also notes that in 2013 an amendment to the Employment and Industrial Relations Act, 2002, took effect to extend maternity leave from 16 to 18 weeks in duration. The Committee requests the Government to provide information on the impact of the provision of free childcare centres in facilitating women’s employment and to indicate whether this facility is also available for men workers. It also requests the Government to indicate any other measures taken or envisaged to improve the sharing of family responsibilities between men and women.

Enforcement. The Committee notes that, according to its 2013 annual report, the NCPE examined 12 complaints based on gender and five based on race or ethnic origin. The Committee asks the Government to continue providing information on the complaints lodged with the NCPE, as well as any cases related to discrimination before administrative or judicial bodies, including the Employment Commission and the Industrial Tribunal, indicating the grounds of discrimination addressed as well as any sanctions imposed or remedies provided.