Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Kitts and Nevis (Ratification: 2000)

Legislative developments. The Committee notes the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation has been incorporated in the draft Labour Code, which has been tabled before the National Tripartite Committee, and was anticipated to be adopted in the first half of 2016. The Committee hopes that the Government will take all necessary measures to ensure that the new Labour Code will contain comprehensive provisions prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes with interest the National Policy on HIV/AIDS and Other Chronic Diseases 2011, which was developed in cooperation with the social partners. The Policy defines discrimination in accordance with the Convention, aims to provide guidance for the workplace with respect to people living with HIV and AIDS, and to ensure equal treatment in dealing with all workers, including job applicants living with HIV and AIDS. The Policy has a broad scope of application in terms of workers and economic sectors covered. The Policy includes guiding principles on recognition of HIV and AIDS, non-discrimination, gender dimensions, safety and health, social dialogue, screening for purposes of employment, prevention, reasonable accommodation, counselling, responsibility of employees, and protection from victimisation, as well as on disciplinary procedures and grievance resolution. The Policy makes specific reference to the HIV and AIDS Recommendation, 2010 (No. 200). The Committee requests the Government to provide information on the measures taken to actively promote the effective implementation of the National Policy on HIV/AIDS and Other Chronic Diseases 2011, and on the results achieved.

Article 2. Equality between men and women. The Committee notes the Government’s indication that the Ministry of Gender Affairs is procuring funding to complete the work on developing a gender policy, and that it conducts a number of training programmes to assist the public and private sectors in mainstreaming gender in the workplace. It also notes that training activities are offered to women by the Women’s Training Centre, and that a male officer in the Ministry of Gender Affairs conducts training programmes with men in the construction industry aimed at addressing their concerns, and upgrading their education and skills. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by Ministry of Gender Affairs for both men and women, and the Women’s Training Centre (women’s empowerment programme), particularly on the number of men and women that participated in such training, and the outcomes. Please also provide information on any other measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

Other measures to apply the Convention. The Committee once again notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, such training and awareness raising is envisaged in the future. The Committee further notes that statistical data regarding employment and occupation are still not available, and that, according to the Government, the Labour Market Information System (LMIS) which was installed in 2012 is not yet operational. The Government further indicates that the data from the 2014 Labour Force Survey are still being analysed. The Committee urges the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation. The Committee hopes that the LMIS will soon be operational and that the Government will be in a position to provide the results of the 2014 Labour Force Survey and relevant statistical data on employment and occupation, disaggregated by sex.