Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee recalls its previous comments noting that the term “social status”, “politics” and “political status” set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act of 2003 appear to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. The Committee notes from the Government’s report, that there has been no progress in addressing this matter, and no new information has been provided. The Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on fundamental Conventions, 2012, paragraph 853). The Committee asks the Government to take concrete steps to amend the Labour Act of 2003, so as to include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, and to provide information on any progress made in this regard.

Discrimination based on sex. Sexual harassment. The Committee recalls its previous comments noting that section 175 of the Labour Act, defining sexual harassment, appears to cover only quid pro quo harassment, and not hostile environment sexual harassment. The Government indicates that steps have been taken with a view to preventing and combating sexual harassment at work including workplace inspections, and education and training programmes for employers’ and workers’ organizations. The Committee also notes the Government’s indication that no complaints or reports concerning sexual harassment at the workplace have been brought before the competent authorities under the Labour Act, including the National Labour Commission. The Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (General Survey on fundamental Conventions, 2012, paragraph 790). The Committee asks the Government to expand the definition of sexual harassment to explicitly cover hostile environment sexual harassment. The Committee also asks the Government to take concrete steps which are aimed at achieving better knowledge and understanding of the existence of sexual harassment and means of preventing and addressing it among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations.

Article 2. Gender equality in employment and occupation. The Committee recalls the Government’s policy for affirmative action towards equality of rights and opportunities for women, and the policy on gender equality for 2008–12 developed by the Ghana Trades Union Congress, which included the increase of women’s representation in the leadership of the labour movement and in union activities and the intensification of gender educational programmes for both men and women. The Committee notes the Government’s indication that although the 40 per cent target of women’s representation in the public sector has not been reached, the Government is taking the necessary steps to ensure more appointments of women within the public sector. The Government also indicates that the Gender Budget Monitoring Unit of the Ministry of Women and Children’s Affairs will ensure that national and sectoral budgets for 2010 and beyond are gender responsive. The Committee asks the Government to provide information on the implementation of the measures taken within the framework of the affirmative action policy, including indications of the time frame for their implementation and their impact on improving gender equality in employment and occupation. Please also indicate the steps taken to collect and process statistical information on the situation of women in employment in the private and the public sectors.

Equality in employment without any distinction of race, colour, religion or national extraction. Noting that the Government’s report does not contain information in this regard, the Committee asks the Government to take the necessary measures to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. The Committee also asks the Government to provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities, and on the manner in which they were dealt with. Please provide information on awareness-raising activities on discrimination on the grounds of race, colour, religion and national extraction, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations.

Article 3. Education and vocational training. The Committee recalls that the Government was promoting the access of girls and women to education, in particular within the framework of the National Functional Literacy Programme. The Committee also recalls that the Education Act of 2008 does not include provisions to prohibit discrimination in education on the basis of all the grounds listed in Article 1(1)(a) of the Convention, while section 22(1) of the repealed Education Act of 1961 provided that “no person shall be refused admission as a pupil to, or refused attendance as a pupil at, any school on account of the religious persuasion, nationality, race or language of himself or of either of his parents”. Section 28 of the Education Act of 2008 provides for a grievance procedure before the National Accreditation Board or the district education oversight committee, when a parent has cause to suspect discrimination. In addition, section 29(o) of the Education Act provides that the Minister may make regulations in respect of “gender equity at all levels and programmes of education”. The Committee asks the Government to provide updated information on its steps taken or envisaged to promote access of girls and women to education and training, including to technical institutes and tertiary education institutions to enable them to gain access to a larger range of jobs and occupations, and the results achieved. The Committee also asks the Government to provide information on the grounds of discrimination in the grievances pursuant to section 28 of the Education Act of 2008, and to indicate whether such grounds include the grounds of discrimination under Article 1(1)(a) of the Convention. Please further indicate whether ministerial regulations pursuant to section 29(o) have been adopted, and, if so, forward a copy of such regulations.

Article 5. Special measures. Persons with disabilities. The Committee recalls the Government’s previous indication that the National Council on Persons with Disability was in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee again asks the Government to communicate such data in its next report.

Parts III and IV of the report form. Enforcement. Noting that the Government’s report contains no reply to its previous request regarding the labour inspection form, the Committee asks the Government to take concrete steps to revise the labour inspection form to include a specific reference to discrimination on the grounds listed in the Convention and to sexual harassment. It also asks the Government to take measures to enhance the capacity of law enforcement officials to identify and address discrimination in employment and occupation. Please provide information on any decisions by the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such discrimination cases were addressed.