Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. Referring to its previous direct requests, the Committee takes note of the information contained in the Government's brief report to the effect that the Employment Commission, established under article 122A of the Constitution to ensure that no distinction, exclusion or preference on the ground of political opinion is given in employment but not functioning since 1981, is now fully reconstituted and functioning. Noting the Government's statement that the Employment Commission has received a number of complaints and is dealing with them, the Committee would appreciate receiving with the Government's next report information on the way in which the Commission examines such complaints, as well as copies of any decisions handed down concerning discrimination in employment on the ground of political opinion, which is prohibited under Article 1, paragraph 1(a), of the Convention.

2. Regarding the proposals of the Commission for the Advancement of Women for the adoption of provisions granting to both men and women parental leave, family leave and adoption leave, and granting paternity leave to men, the Committee notes the following from the 1992 Annual Report published by the Secretariat for the Equal Status of Women:

- that the Commission, which assists the Secretariat in an advisory capacity, has been active in a number of legislative areas (e.g. it met with the Prime Minister to discuss the publication of the draft Bill to amend the Family Act and with the Minister for Social Security to discuss amendments to the Social Security Act);

- that the Commission assisted government departments to identify laws or practices which discriminate against women, laws which had to be amended by 30 June 1993;

- that equality for both sexes in the public sector was advanced when policies were officially adopted to allow part-time teaching staff the full unpaid leave entitlement awarded to full-time staff, and to allow nurses and professional medical officers to work on a sessional basis while they are on the one-year unpaid leave to look after their families.

Nevertheless, the Committee would appreciate receiving from the Government, in its next report, specific information on the progress towards the adoption of the proposals of the Commission for the Advancement of Women, in particular indications as to whether the above-mentioned draft Bills to amend the Family Act and the Social Security Act are indeed those to which the Government made reference in previous reports.

Moreover, the Committee asks the Government to confirm that any laws or practices identified as discriminating against women were in fact amended by 30 June 1993, thus complying with Article 3(c) of the Convention.

3. Regarding the request for information on progress towards the achievement of equality between men and women, including indications of measures taken to ensure equal opportunity in access by women to higher paid and skilled occupations within the economy, the Committee takes note of the information in the above-mentioned 1992 Annual Report. In particular, it notes with interest the efforts of the Secretariat for the Equal Status of Women to introduce goals and timetables to increase the percentage of women in high positions (a target of 15 per cent by the end of 1995) and to compile a "Directory of Maltese women" supplying, in computerized form, information on the qualifications, skills, activities and experience of women from the different sectors of Maltese society so that ministries, government departments, local associations, organizations and trade unions can search for suitably qualified women to serve on public bodies. The Committee also notes its success in having circulars addressed by the Administration Division of the Office of the Prime Minister to ministers encouraging the appointment of more women to government boards and bodies. Stressing the link between education and access to a wider variety of jobs, the Committee notes from the report that the number of women in higher education has grown steadily over the last years: in 1982 21.7 per cent of University of Malta students were women, and in 1992 this figure had more than doubled to 46 per cent; although still concentrated in arts and education courses, women are now enrolling in a wider range of fields, notably law, medicine and communications.

At the same time, however, the Committee notes that the report recognizes the continuing high degree of sex segregation in the labour market which results in women workers being concentrated in a narrow range of industries and occupations. Moreover, while welcoming the initiatives of the Employment and Training Corporation, described in the report, for young school-leavers and women returners to the workforce, the Committee cannot but note that the demand was for office skills courses (for clerks, receptionists and personal computer users) or those concerned with child-care and job-seeking skills. The Committee hopes that the Secretariat for the Equal Status of Women will continue its collaboration with the Employment and Training Corporation so that broader training and employment opportunities are offered to women.

The Committee requests the Government to continue providing information on the progress achieved towards equality of opportunity and treatment between men and women, in particular to supply copies of the future annual reports of the Secretariat for the Equal Status of Women with a copy of the information pack which the Secretariat provides on its work.

4. Noting also from the above-mentioned report that the Secretariat for the Equal Status of Women worked closely with the Central Office of Statistics on a project to improve sex-disaggregated statistics, and that the last detailed statistics were supplied by the Government in 1988, the Committee asks the Government to provide, in its next report, data on the percentage of female students in education and training institutions and on the workforce participation of women compared with that of men.

5. As recent government reports have focused on the elimination of sex-based discrimination, the Committee asks the Government, in its next report, to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, colour, religion, political opinion, national extraction and social origin, and on the results achieved with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment. In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and vocational guidance under a national authority;

(ii) through legislation and educational programmes;

(iii) in cooperation with workers' and employers' organizations and other appropriate bodies.