Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guyana (Ratification: 1975)

The Committee notes with regret that the Government’s report does not contain information in reply to its previous comments.

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee asked the Government to provide information on the specific measures taken in the framework of the five year Strategic Plan of the Women and Gender Equality Commission of the National Assembly to promote gender equality in employment and occupation, including vocational training, and to enhance women’s access to all jobs, including those in non-traditional areas and decision-making positions in both the private and public sectors. The Committee notes that, in its ninth periodic report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (2018), the Government provided detailed information on the situation of women, but the information provided did not contain answers to the questions raised by the Committee of Experts. According to the Government’s report to the CEDAW, “it is estimated that women’s share of the workforce is 34.6 per cent and that 65.4 per cent of these women are not engaged in the formal economy. The national census (2012) noted that the majority of these women (48.6 per cent) are engaged in unpaid work (home duties), while others pursue educational advancement (8.0 per cent) and the remainder (7.1 per cent) are women retirees. The Government adds that, according to the World Bank’s Enterprise Survey (2010), mentioned in the Government’s report to the CEDAW, women are under-represented in the top management of private sector firms with a mere 17 per cent as managers. However, female participation in ownership of private firms is significantly higher with 58 per cent (CEDAW/C/GUY/9, 10 July 2018, paragraph 89). The Government’s report to the CEDAW further indicates that women in unionized agricultural production comprise 20 per cent of the workforce. It adds that temporary special measures have been implemented to address discrimination against women in the fields of microcredit, as well as education and training. The Committee welcomes the Government’s indication in the above report that “gender parity has been achieved in primary education at the national level”. However, the report adds that, despite significant progress in the promotion of women in traditionally male dominated sectors (engineering, electrical and construction), the overall enrolment in technical and vocational education and training in 2011–14 for women was 38 per cent compared to 62 per cent for males. The Committee notes that, according to the report to the CEDAW, “consistent efforts have been made to reverse and eliminate the persistence of gender stereotyping, negative cultural attitudes and other discriminatory practices” (CEDAW/C/GUY/9, paragraphs 48, 78 and 91). The Committee further notes from the ILO 2018 Country Report on Guyana (Gender at work in the Caribbean) that the Ministry of Social Protection also collaborates with international agencies to execute projects that can assist women in vulnerable situations to address systematic barriers to their participation and performance in the labour force and their ability to carry out caring work, particularly in relation to poverty and HIV stigma and discrimination. The Government also has instituted several training programmes with job skills for women, with a focus on single parents, who often face special difficulties in accessing the labour market and finding jobs. The Committee asks the Government to continue taking active steps to remove obstacles that hinder women’s access to, and advancement in, employment and occupation, including awareness-raising measures to combat any gender stereotypes and patriarchal attitudes that assume that the burden of domestic and caring responsibilities must be borne by women. The Committee asks the Government to clarify the status of the National Gender and Social Inclusion Policy and, if adopted, to provide specific information on the steps taken in practice to implement it, and particularly details on the results achieved in employment and occupation. The Government is also asked to provide information on the activities of the Women and Gender Equality Commission (WGEC), including the results achieved in the framework of the above-mentioned five-year Strategic Plan, and on the activities of the Gender Affairs Bureau (GAB).

Article 1(1)(a). Multiple discrimination, including discrimination based on race. Persons of African descent, in particular women. The Committee notes from the Report of the United Nations Working Group of Experts on People of African Descent following its mission to Guyana (from 2 to 6 October 2017) that the Government has not developed a specific national action plan to combat racism, racial discrimination, xenophobia or other forms of intolerance. It further notes the indication that “Afro-Guyanese women often face inequalities and multiple forms of discrimination on the grounds of their race, colour, gender and religious belief” and that, although the participation of women in the labour force is rising, women are also increasingly concentrated in low-paying jobs. The Committee notes the concern expressed by the Working Group at the high drop-out rates of girls (A/HRC/39/69/Add.1, 13 August 2018, paragraphs 30 31). The Committee asks the Government to provide information on the steps taken in practice to address discrimination faced by persons of African Descent, in particular women and girls, with respect to access to and advancement in education and employment and occupation. The Government is also asked to provide any available information on the situation of men and women of African descent in employment and occupation, in particular in rural areas.

Indigenous peoples. The Committee notes from the ILO 2018 Country Report mentioned above that the original peoples (Amerindians) represent 10.5 per cent of the population. The Committee notes from the website of the Ministry of Indigenous Peoples’ Affairs that, over the past three years, 2.3 billion Guyanese dollars (GYD) have been devoted to hinterland youth empowerment, which has resulted in the establishment of 2,054 successful businesses. The youths were trained under the Hinterland Employment and Youth Service (HEYS) programme, which succeeded the Youth Entrepreneurship and Apprenticeship Programme (YEAP), that targeted approximately 4,000 youths in the 215 indigenous villages and communities across the country. The Committee asks the Government to continue taking steps promoting a wide range of training and employment opportunities for members of indigenous peoples and to provide information on the development and results of the HEYS programme. The Committee also asks the Government to provide any available information, disaggregated by sex, on the situation of persons from indigenous peoples in employment and occupation, including in entrepreneurship and traditional activities. The Government is asked once again to provide detailed information on the activities carried out by the Ethnic Relations Commission and the Indigenous Peoples Commission and their impact in the fields of education, training, employment and occupation.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee noted with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continues to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considered that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Discrimination based on sexual orientation and gender identity. The Committee also notes from the ILO 2018 Country Report that “there are no laws relating to gender identity” although “there are substantial reports of discrimination against transgender persons and other members of the LGBTI community with regard to accessing employment opportunities”. In this regard, the Committee further notes from the report of the United Nations Working Group of Experts on People of African Descent that “civil society entities reported that discrimination against lesbian, gay, bisexual and transgender persons and sex workers was widely prevalent”. Transgender Guyanese persons in particular are criminalized and stigmatized, and subjected to discrimination because they are more visible than other members of the lesbian, gay and bisexual community (A/HRC/39/69/Add.1, 13 August 2018, paragraph 33). The Committee asks the Government to provide information on any steps taken or envisaged to prevent and address discrimination based on sexual orientation and gender identity in employment and occupation, including legislative and awareness-raising measures.

Enforcement and statistics. The Committee notes from the ILO 2018 Country Report that “it has been reported that the laws to prevent discrimination are not effectively enforced”. The Committee notes the Government’s indication that the data requested are not available. The Committee once again asks the Government to provide information on the enforcement of the legislation prohibiting discrimination on the grounds set out in the Convention and to take active steps to ensure effective access to and the functioning of the enforcement mechanisms dealing with complaints of discrimination. The Government is also asked to take the necessary steps to ensure that it is in a position to collect and compile statistical data, disaggregated by sex, on the participation of men and women, as well as the different ethnic groups, in the various sectors and occupations.