Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(1)(b) of the Convention. Additional grounds of discrimination. The Committee notes the information contained in the Gender Equality Action Plan 2009–10 that the Employment and Training Corporation (ETC), the public employment service, provides special support to certain disadvantaged groups including persons with disabilities, and that 23 males and 11 females were placed on supported employment scheme between 2005 and 2006. The Committee notes, however, that the Government’s report does not contain any information in response to its previous requests with regard to the discrimination based on the grounds of age or sexual orientation. The Committee therefore once again asks the Government to provide information on the discrimination cases brought under the Equal Treatment in Employment Regulations 2004, such as their number, the grounds on which discrimination was alleged, whether they have been reported to the labour inspectors or detected by them during workplace visits, and the results thereof, including legal remedies provided and penalties imposed. Please also provide any other information on the measures taken to address discrimination in employment and occupation on the grounds of disability, age and sexual orientation.

Article 2. National policy with respect to grounds other than sex. The Committee notes that the Government’s report still does not contain any information on the national policy addressing discrimination on grounds other than sex. The Committee also notes that though the Equal Treatment of Persons Order, 2007 extended the mandate of the National Commission for the Promotion of Equality (NCPE) to cover equality on the basis of race and ethnic origin, its scope is still limited to the access to and provision of goods and services. Recalling the importance of the obligation to declare and pursue a national policy addressing discrimination based on at least all the grounds enumerated in the Convention, the Committee asks the Government to take the necessary action without delay to ensure and promote in practice equality of opportunity and treatment in employment and occupation and protection against direct and indirect discrimination in recruitment and training on the grounds of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to indicate the results secured by such action.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that throughout 2009, NCPE continued working to raise awareness on the rights and responsibilities related to equal opportunities and non-discrimination through various initiatives. The Government also states that, in 2009, NCPE concluded the EU co-funded project “Living Equality”, and gender mainstreaming has been strengthened within the national agenda to ensure equality of opportunity in the design, application, analysis and monitoring of all legislation and policies. Noting the Government’s indication that the Living Equality project promoted gender equality, the Committee asks the Government to provide information on concrete measures taken and results achieved. Please also provide information on the number of women at all levels of the public and private sectors, including in managerial or decision making positions. The Committee also requests information on any legislation and/or policies addressing gender issues which are currently under review.

Family responsibilities. The Committee notes the information provided by ETC that the 2010 budget has introduced a number of measures aimed at facilitating re-entry into employment and assisting in meeting both work and family responsibilities. The Committee also notes the Gender Equality Action Plan 2009–10, according to which “Nista” – The Benefits of Sharing Life’s Responsibilities” Campaign will be held. According to ETC, the campaign is a three year campaign that challenges cultural stereotypes pertaining to male and female roles within the family unit and at work through different media. In this connection, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 9 November 2010, remained concerned about the persistence of stereotypes on the roles of women, who still primarily assumed domestic and family responsibilities, and the lack of childcare facilities; it called for a comprehensive policy and increased efforts to address women’s disadvantaged position, and to facilitate the re-entry of women into the labour market (CEDAW/C/MLT/CO/4, 9 November 2010, paragraphs 18–1). Noting the various measures taken by the Government with regard to the sharing of family responsibilities, the Committee asks the Government to continue to provide information in this respect, as well as the results achieved by the “Benefits of Sharing Life’s Responsibilities” campaign.

Access to vocational training and education. The Committee notes the Government’s indication that NCPE aims at raising awareness about the laws that dealt with equality between men and women with regard to advertising job vacancies, as well as courses, training or vocational guidance. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to provide information on the concrete measures taken or envisaged to address unequal access of women to training and education at all levels, including statistical data on the participation of men and women, and the results achieved.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee previously asked for precise information on how the elimination of discrimination and the promotion of equality in employment and occupation is addressed by the Employment Relations Board and on any other measures taken by the Government to seek the cooperation of workers’ and employers’ organizations. Noting that the Government has not provided any information in this regard, the Committee again asks the Government to provide detailed information on how the Employment Relations Board addresses the issues of discrimination in employment and occupation and any other measures taken by the Government to cooperate with workers’ and employers’ organizations in this context.

Parts III–V of the report form. Enforcement. The Committee notes the Government’s indication that during 2009, the Industrial Tribunal received two new cases of alleged discrimination, and all four cases regarding discrimination were decided in favour of the complainants. The Committee once again asks the Government to provide more specific information on the cases concerning discrimination dealt with by the Industrial Tribunal, including the grounds of discrimination addressed, and the remedies provided. The Committee also requests information on any judicial or administrative decisions, including those of the Employment Commission, as well as any relevant violations reported to or detected by the labour inspectors.