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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Antigua and Barbuda (Ratification: 1983)

National extraction and social origin. The Committee recalls that the Constitution prohibits discrimination in respect of “race, place of origin, political opinions or affiliation, colour, creed or sex” (article 14(3)), whereas the Labour Code prohibits discrimination on the basis of “race, colour, creed, sex, age or political beliefs” (section C4(1) et al.). No provision is made, however, for an explicit prohibition of discrimination on the basis of national extraction or of social origin. Concerned over this omission in the application of the Convention, the Committee has for many years been requesting the Government to consider adding these grounds to those in the Labour Code upon which discrimination is prohibited, and to indicate the manner in which workers are protected from discrimination on such grounds in practice. Noting the persistent lack in the Government’s report of information regarding any steps taken to ensure and promote the application of the Convention with respect to these grounds, the Committee recalls once again that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention (General Survey of 1988 on equality of opportunity and treatment, paragraph 58). Moreover, even as the relative importance of the problems relating to each of the grounds may be different for each country, when deciding on the measures taken it is essential that in implementing a national policy attention be given to all the grounds. The Committee therefore urges the Government to take concrete steps to include a specific reference to the grounds of national extraction and social origin in the legislation, in accordance with Article 1(1)(a) of the Convention. It also asks the Government to monitor carefully any emerging forms of discrimination in law and practice that may result or lead to discrimination in employment and occupation on the basis of social origin and national extraction, and to report on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.