Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 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:

1. Discrimination on the basis of sex. The Committee notes with interest the Government's continuing efforts to promote equality of opportunity and treatment in employment for women, demonstrated by the upgrading in 1994 of the implementing secretariat to the level of Department of Equal Status for Women, the numerous sensitization and educational campaigns which it has undertaken during the reporting period, and the work of the Commission for the Advancement of Women including its elaboration of a 1994-96 Plan of Action for equality. The Committee would appreciate receiving information on the results achieved by the new Plan of Action in respect of women's access to employment and terms and conditions of employment.

2. With reference to its previous direct request, the Committee notes from the 1994 annual report of the Department of Equal Status for Women that government departments conducted an exercise to identify how the legislative changes already introduced in 1993 were affecting their regulations, policies and practices. As a result of this exercise several departments changed their policies or regulations in order to conform with the gender equality laws. Another exercise was conducted regarding the interpretation that the courts were giving to the new Family Law, which resulted in some shortcomings being identified and further amendments being drafted to fill them. Regarding the proposed amendments to the Conditions of Employment (Regulation) Act regarding equal treatment and opportunities, protection against discrimination, better conditions of work for part-timers and measures for men and women workers with family responsibilities, the Committee notes, again from the 1994 annual report of the Department of Equal Status for Women, that the Commission for the Advancement of Women has been working with the Ministry of Education and Human Resources on amendments to the employment legislation, for tabling in Cabinet in early 1995. The Commission's proposals now also include protection of the dignity of all employees, including from sexual harassment and further protection during pregnancy. According to the Government, the proposals are still being considered. In this connection, the Committee notes that the Commission has also recommended to the Ministry of Human Resources that parental leave be extended to employees in the private sector, and has recommended to the management and personnel office of the Prime Minister's Office that unpaid parental leave in the civil service should be longer, extended to fathers who are civil servants and shared by husband and wife if both are civil servants. Noting that the 1995 annual report of the Department of Equal Status for Women does not give details on this legal reform, the Committee requests the Government to inform it, in its next report, of developments regarding the adoption of the proposed new legislation and the parental leave recommendations.

3. Regarding its earlier comment on the marked sex segregation in the labour market, the Committee notes the efforts of the Employment and Training Corporation, described in the above-mentioned 1994 annual report, to provide female school-leavers with better counselling and training for the modern world of work. Noting that there is little data supplied on the breakdown according to sex of the labour market, the Committee would appreciate receiving a copy of the profile of Maltese women being prepared for publication in 1995 by the Workers' Participation Development Centre of the University and which is to include, inter alia, data and comments on women's education and training, employment and income.

4. Noting that annexed to the Government's most recent report is a copy of the 1995 annual report of the Department for the Equal Status of Women which refers to the national report on Maltese women prepared for the Fourth Conference on Women, held in Beijing in September 1995, the Committee would appreciate receiving a copy of that report.

5. Discrimination on the basis of political opinion. The Committee notes the Government's indication that the Employment Commission, established under article 122A of the Constitution in order to protect against political discrimination in employment, has been constituted and is dealing with cases referred to it, but has so far not published any report. The Committee would appreciate receiving information on the kinds of cases being handled by the Commission, as well as copies of any decisions which would demonstrate how the national policy on the elimination of political discrimination in employment is being effectively implemented through the national machinery.