Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ghana (Ratification: 1961)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to its observation on the Convention.

The Committee previously noted the Government's statement in its report for the period ending June 1986 that information on the Committee's comments was being sought from the Ministry of Education, the Public Services Commission and the Attorney-General's Department. No information on the respective points has been provided with the Government's most recent report. The Committee hopes that the Government will soon provide full information on the following points previously raised.

1. The Committee has noted that under section 1, 1(d) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42 of 1982), national integration is to be encouraged and discrimination on grounds of ethnic origin discouraged. The Committee requests the Government to communicate information on any positive measures taken or under consideration to ensure equality of treatment in employment and occupation in relation to ethnic extraction.

2. The Committee has noted from the report submitted by the Government to the United Nations in 1985 (by virtue of Article 9 of the International Covenant on the Elimination of All Forms of Racial Discrimination) that the Education Act, No. 87 of 1961, which imposes a fine on any person who refuses a pupil entry to a school on grounds of religion, nationality, race or language concerning the pupil himself or one of his parents (section 22, subsection 4), is still in force. It also has noted section 1, 1(g), of PNDCL 42 of 1982, under which educational facilities at all levels are to be provided by the State. Furthermore, under section 33, 1(a), of the same Act, an Education Commission shall be responsible for formulating recommendations of national policy or education in the interest of social justice. The Committee requests the Government to communicate any judgement handed down under section 22, subsection 4, of Act No. 87 of 1961, to indicate the measures taken or under consideration to ensure access to education and vocational training without discrimination on the basis of political opinion, this form of discrimination not being covered by the 1961 Act. The Committee also asks the Government to indicate the facilities provided for with a view to promoting equality of treatment in education, to communicate any text concerning the recommendations made by the Education Commission in the interest of social justice and any other work of the same Commission.

3. The Committee has noted that, under section 17 of PNDCL 42 of 1982, the power to appoint any employee of the State shall vest in the National Defence Council. It also takes note of section 37 of the same Law, which provides for the establishment of a Public Services Commission, on which the Government and the workers are to be represented. Under section 37, 3(c) and (d), this Commission shall be responsible for advising the National Defence Council and the public services on criteria for appointments to public office and on persons to hold or act in a public office and on the methods of recruitment. The Committee requests the Government to indicate and communicate any text relating to the work of the Public Services Commission and the criteria and methods of recruitment applying to public officials that have been laid down by the Public Services Commission and adopted by the National Defence Council.

4. By virtue of section 40, subsections 1 and 3, of PNDCL 42 of 1982, a Legal Service will be established to form part of the public services of Ghana, all law officers shall belong to this Service and a Legal Service Board shall advise the National Defence Council in all matters relating to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Legal Service. The Committee requests the Government to indicate the rules governing recruitment, appointment, promotion and other conditions of service of the Legal Service. It asks the Government to communicate any text relating to the work of the Legal Service Board.