Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Gambia (Ratification: 2000)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Part V of the report form. Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.