Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee notes the information contained in the Government’s brief report, as well as the attached documentation and statistical data. The Committee notes from the report that, in 1998, the Department for the Equal Status of Women changed its name to the Department of Women’s Rights and, following general elections that year, was placed under the Ministry for Social Policy. The Committee notes with interest the many and varied activities of the Department in promoting and mainstreaming gender equality in the different facets of Maltese society. The Committee would appreciate receiving information in future reports on the activities of the Department of Women’s Rights. In addition, the Committee notes that work is continuing on the drafting of a Gender Equality Act and that a draft bill is expected to be completed in 2000. The Committee requests the Government to continue to keep it apprised of progress in this regard and to supply a copy of the legislation once it is adopted.

2.  The Committee notes with interest the statistical data supplied by the Government in "Gender Trends in Malta: A Statistical Profile", which points to an increase in female students in school past the school-leaving age of 16 and an increase in the percentage of women in university education (from 44 per cent of the student body in 1990 to 50 per cent in 1995). The Committee notes, however, that the increase in the number of Maltese women pursuing higher education has not resulted in a corresponding increase in the percentage rate of women in the labour market. That percentage remained fairly stable from 1980 to 1995, increasing slightly, from 26.1 per cent in 1980 to 27 per cent in 1995. Women’s labour market participation rate did rise, however, increasing from 27.6 per cent in 1983 to 34.5 per cent in 1995. Women appear to be moving largely into part-time jobs, with the number of women in part-time employment increasing by 64.4 per cent from 1992 to 1995. In light of these figures, the Committee requests the Government to provide information on any measures taken to promote women’s access into the labour market, including any measures taken or envisaged to ensure women’s equal access to occupational guidance and placement services as well as any measures taken to promote the entry of women into full-time employment.

3.  The Committee further notes from the statistical data provided that there are few women in positions of decision-making authority in both the public and the private sectors in Malta. There are no women at the two highest levels of the public service, with one woman and 25 men at the third highest level of the public service. In the private sector, women make up 12.5 per cent of those employees holding top and middle-management positions, although this figure rises to 26.5 per cent in the case of self-employment. The Committee would appreciate receiving information on any steps taken to promote women’s advancement and their greater representation in higher-level positions in both public and private sector employment.

4.  Referring to its previous comments on the 1995 amendments to the Social Security Act with respect to the definition of "head of household", the Committee notes with interest that the provision establishing the husband as the "sole head of household" was amended to define the head of household in a gender-neutral manner as "such person as is, in the opinion of the Director of Social Security, the head of the household". In this context, the Committee notes from the report that the Director of Social Security determines the "head of household" on the basis of age, selecting the oldest of the members of the household, whether the household consists of a couple or where the household is comprised of two or more persons. The Committee further notes that the schedule of the daily rate for social security benefits was amended in 1997 in order to render the categories of beneficiaries gender neutral.

5.  The Committee notes that section 18A of the Industrial Development Act offers financial incentives and subsidies to companies to encourage them to establish childcare facilities for their employees, including leasing a structure to be used for the facilities on a rent-free basis for the first three years of the lease, with reduced rent thereafter, and financing of approved training for childcare centre staff. The Committee requests the Government to supply information in future reports on the practical application of section 18A, including information on the number of industries that have availed themselves of said incentives and the effect of this measure on the employment of women in those industries.

6.  The Committee notes from the report that nine new cases were submitted to the Employment Commission from 1997 to 1999. The Committee recalls that the Commission was established under article 122(A) of the Maltese Constitution in order to protect against discrimination in employment on the ground of political opinion. According to the Government, two of the cases are no longer in front of the Commission, while two were decided in favour of the defendants. The Committee requests the Government to attach copies of the decisions with its next report.

7.  The Committee notes that the Government’s report contains no reply to the following point raised in its previous direct request:

The Committee notes that the employment service of female employees accumulated prior to their marriage is not recognized, which puts re-employed women at a distinct disadvantage because their actual years of service are not taken into account. It notes the Government’s indication that this is an issue to be resolved. Recalling paragraph 41 of its 1988 General Survey on equality in employment and occupation in which it considered that distinctions based on civil status are discriminatory by nature under the terms of the Convention to the extent that they result in a requirement or condition being imposed on an individual of a particular sex that would not be imposed on an individual of another sex, the Committee requests the Government to inform it of any measures under discussion in this regard. It would also appreciate receiving information on measures taken or envisaged by the Government to seek the cooperation of employers’ and workers’ organizations on this issue, in accordance with Article 3(a) of the Convention.