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

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

Legislative developments. In its previous comment, the Committee noted the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation had been incorporated into the draft Labour Code. It was anticipated that the Labour Code would be adopted in the first half of 2016. The Committee expressed the hope that the new Labour Code would be in line with Article 1(1)(a) of the Convention; and asked the Government to provide information on the possible inclusion of additional grounds of discrimination as foreseen under Article 1(1)(b), including discrimination based on real or perceived HIV/AIDS status. The Committee notes the information provided in the Government’s report that the new Labour Code has still not been adopted but that the Government will take the necessary steps to ensure that it contains comprehensive provisions prohibiting direct and indirect discrimination on at least 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 notes the Government’s statement that its request will be forwarded to the competent authority and the National Tripartite Committee for the inclusion of additional grounds of discrimination into the Labour Code, including discrimination based on real or perceived HIV/AIDS status. The Committee firmly hopes that the new Labour Code, containing 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, will be adopted soon and will contain comprehensive provisions implementing all aspects of Article 1(1)(a) of the Convention. It also asks the Government to provide information on any additional grounds of discrimination as foreseen under Article 1(1)(b).

Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes the information provided by the Government on the measures taken to promote the implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011. It notes that health education sessions and education on the policy were organized in five major business establishments which responded positively to the Government’s call to endorse the policy and adapt it in their workplace. The Committee notes that, according to section 12 of the policy, it should be reviewed by the Ministry of Labour, in collaboration with its Core Committee on Workplace Policy, every five years or sooner as deemed necessary for changes and improvements which may be needed as a result of new medical developments, new policies relating to HIV and AIDS and other Chronic Diseases, and new legislation. The Committee asks the Government to provide information on results achieved through the measures taken to promote the effective implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011 and to indicate if any review of the policy has been carried out in accordance with its section 12.

Article 2. Equality between men and women. In its previous comment, the Committee asked the Government to continue to provide information on the progress achieved in adopting the gender policy and to provide more information on the training activities offered by the Ministry of Gender Affairs and the Women’s Training Centre and on any other measures promoting women’s equal opportunities, including with regard to access to vocational training and education. The Committee notes that, on 29 November 2018, the Ministry of Community Development, Gender Affairs and Social Services launched a project in cooperation with the United Nations Education, Science and Culture Organization (UNESCO) to develop a National Gender Equality Policy and Action Plan. Completion of the project is foreseen for the end of 2019 when it will be forwarded to Cabinet and Parliament for enactment. The Committee also notes that the Government indicates that rates of completion of primary and secondary education levels are higher for girls than for boys whereas it is the reverse at the university level; and that the White Paper on Education Development and Policy 2009–19 acknowledges that there are gender issues in training and that many people consider that there should be separate training courses for men and women. However, the related strategic plan does not state specific objectives, strategies or activities. The Government adds that there is a consensus that a transformation of technical and vocational education and training (TVET) is critical: a TVET policy review, which is expected to address gender equality as a fundamental issue, is being carried out through the Ministry of Education as well as an initiative with a view to redesign, strengthen and expand TVET programmes and facilities. The Committee asks the Government to provide information on the outcome of the project to develop a National Gender Equality Policy and Action Plan and to provide a copy of these documents once adopted. It also asks the Government to provide information on the activities organized by the Ministry in charge of Gender Affairs, the Women’s Training Centre or any other institution in order to promote gender equality.

General observation of 2018. 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 notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue 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 considers 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.

Practical application and statistics. In its previous comment, noting, on the one hand, the Government’s acknowledgment that not much had been done to promote employers’ and workers’ awareness regarding equality in the workplace but that such training and awareness raising was envisaged in the future and, on the other hand, that the Labour Market Information System (LMIS) installed in 2012 was not yet operational and that statistical data regarding employment and occupation was still not available, the Committee urged the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors. The Committee requested information on the specific training and awareness-raising activities carried out and on how the Labour Market Action Plan addressed the principle of equality of opportunity and treatment in employment and occupation. It expressed the hope that the LMIS would soon be operational and that the Government would 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. The Committee notes that the LMIS, which is a regional project administered by the Caribbean Single Market and Economy regime of CARICOM, has encountered some technical difficulties. In its report, the Government indicates that the LMIS is still in developmental stage. It does not provide any information on the results of the 2014 Labour Force Survey. The Committee also notes that, on 5 February 2019, the Department of Labour signed a memorandum of understanding with the Department of Statistics (Ministry of Sustainable Development), the Ministry of National Security and the Social Security Board with a view to the implementation of the LMIS. The Committee firmly urges the Government to take 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 to provide information on the activities carried out. It also asks the Government to provide information on the progress made towards the implementation of the LMIS and to provide the results of the latest Labour Force Survey and statistical data on employment and occupation, disaggregated by sex.