Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee recalls that sections 14(e) and 63(2)(d) of the Labour Act of 2003 recognize social status as a prohibited ground of discrimination. It notes the Government’s statement to the effect that this term is intended to cover discrimination on the basis of social origin in accordance with Article 1(1)(a) of the Convention. While noting the Government’s explanations, the Committee nevertheless requests the Government to consider amending sections 14(e) and 62(2)(d) to include explicitly the ground of social origin which goes beyond the notion of social status. The Committee also requests the Government to consider revising these provisions to replace the terms “politics” and “political status” with the broader term “political opinion”, in line with Article 1(1)(a) of the Convention. The Government is requested to keep the Committee informed of any developments in this regard.

Discrimination based on sex. Sexual harassment. The Committee recalls that section 175 defines sexual harassment as “any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or co-workers to a worker, whether the worker is a man or woman”. In its previous comments, the Committee noted that this definition may not cover hostile environment harassment. While noting the Government’s view that hostile environment harassment was implicitly covered, the Committee maintains that by referring to “advances or request”, section 175 would appear to have the effect of excluding from the definition of sexual harassment conduct of a sexual nature that, while not being an advance or request, nevertheless creates an intimidating, hostile or humiliating working environment for the recipient. The Committee requests the Government to:

(a)   indicate whether it would consider amending the definition of sexual harassment contained in the Labour Act to ensure that hostile environment harassment is prohibited and to indicate the steps taken in this regard;

(b)   provide, as requested in its previous comments, information on the measures taken to assess the prevalence of sexual harassment at work (for example through a more targeted labour inspection form) and to indicate what additional steps are being taken to prevent sexual harassment, including through awareness raising;

(c)   indicate whether any complaints concerning sexual harassment at work have been brought before the competent authorities under the Labour Act or other legislation.

Article 2. Gender equality in employment and occupation. The Committee notes from the Government’s report that a draft strategy prepared by the Ministry of Women and Children Affairs (MOWAC) for presentation to Heads of States and Governments of the African Union highlighted experiences in Ghana regarding affirmative action measures in the public service and the appointment of gender desk officers in the different government departments and institutions. Challenges such as lack of consistency and sustainability in the implementation of such policies and persisting stereotyped perceptions of women, were highlighted in the report. The Committee welcomes the indications that the Ghana Employers’ Association is promoting gender equality in the private sector. While noting the data provided concerning the level of women’s participation in political decision-making, the Committee is concerned that no statistical information on women’s participation in the private and public labour market appears to be available. The Committee requests the Government to:

(a)   take all measures necessary to achieve the full implementation of its affirmative action policy, including the target of 40 per cent women’s representation in public sector employment and to indicate in its next report the specific action taken to this end and the results obtained;

(b)   provide more detailed information on the measures taken to promote gender equality in the private sector, including information on the specific measures taken by workers’ and employers’ organizations;

(c)   indicate any further developments with regard to the Women’s Department’s proposal to introduce paternity leave in the public sector;

(d)   collect and process statistical information on the participation of women in the private and public labour market.

Education and training. The Committee notes that the right of all persons to equal education is ensured under section 8 of the Children Act and article 25 of the Constitution, while the 1961 Education Act is still under review. The Committee also notes that programmes are being carried out to increase access to education for all, particularly girls. The Committee requests the Government to ensure that the new legislation on education will prohibit discrimination in education on all the grounds explicitly listed in Article 1(1)(a) of the Convention. Please provide information on any further developments in this regard, as well as information on progress made in achieving equal access of men and women to education and training, including statistical information.

Article 5. Special measures. Workers with disabilities. The Committee notes that the Labour Regulations 2007 further define the incentives scheme for the employment of persons with disabilities envisaged under the Labour Act 2003. The Committee requests the Government to provide more detailed information on the incentive scheme and its implementation, including information on the number of workers with disabilities and enterprises that have benefited from it.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that the National Labour Commission is competent to deal with disputes concerning discrimination under the Labour Act and that it has dealt with no such case so far. A number of discrimination cases have, however, been decided by the Commission on Human Rights and Administrative Justice (CHRAJ). The Committee requests the Government to continue to provide information on any discrimination cases dealt with by the competent national bodies, including the National Labour Commission and the CHRAJ.

With regard to labour inspection, the Committee notes that no discrimination cases have been addressed under sections 14 and 63 of the Labour Act. Recalling its previous comments on the absence on any specific reference on the labour inspection report form to discrimination on the grounds listed in the Convention, the Committee notes the Government’s indication that this lacuna has been brought to the attention of the Labour Department’s unit that designed the form. The Committee requests the Government to indicate the specific measures taken or envisaged to revise the labour inspection form and to enhance the capacity of labour inspectors to identify and address discrimination in employment and occupation. Please also indicate whether labour inspectors have dealt with any discrimination cases.