Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Ghana (ratification: 1961)

Article 1 of the Convention. Prohibited grounds of discrimination. In its previous observation, the Committee urged 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. The Committee notes that, in its report, the Government indicates firstly, that: the 1992 Constitution prohibits discrimination in article 17(2) and (3), which provides that: “A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status”, and that, for the purpose of this article, "‘discriminate’ means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion, or creed”. The Government adds that the Labour Act 2003 prohibits discrimination throughout the employment cycle (recruitment, career development and termination). The Committee stresses once again that the expressions “social status”, “politics” and “political status” set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act appear to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. It recalls that the prohibition of discrimination on the basis of “political opinion”, as set out in the Convention, should cover a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party. Further, discrimination on the basis of “social origin” arises when an individual’s membership of a class, a socio-occupational category or a caste determines his or her occupational future either by denying him or her access to certain jobs or activities or, conversely, by assigning him or her to certain jobs. Finally, it wishes to reiterate that, where legal provisions are adopted to give effect to the principle of the Convention, they should include all the grounds of discrimination specified in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraphs 802, 805 and 853). Noting that the Government mentions on-going consultations to review the Labour Act 2003, the Committee asks the Government to seize this opportunity to ensure that the new Labour Act includes as a minimum the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee asks the Government to provide information on any developments in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee urged the Government to: (1) expand the definition of sexual harassment to explicitly cover hostile environment sexual harassment; and (2) take concrete steps to achieve better knowledge and understanding of the existence of sexual harassment and the means of preventing and addressing it among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations, and to provide information on the progress achieved. The Government indicates that: (1) the definition of sexual harassment will be expanded during the on-going review of the Labour Act; (2) it is committed to combating sexual harassment through labour inspection and the enforcement of the law by public institutions and competent courts; and (3) that more sensitization programmes, such as seminars, training, advocacy and other stakeholder consultations will be embarked upon to create awareness of sexual harassment at work as a serious manifestation of sex discrimination to be addressed within the context of the Convention. The Committee asks the Government to provide information: (i) on any developments concerning the expansion of the definition of sexual harassment in the Labour Act; and, in the meantime, (ii) on the number, nature and outcome of any complaints or cases of violence or sexual harassment at work handled by the labour inspectorate and the courts. 

Article 2. Equality of opportunity and treatment irrespective of race, colour, religion or national extraction. The Committee notes with regret that the Government’s report is once again silent on the issue of discrimination on the grounds of race, colour, religion and national extraction. It recalls that, while the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (2012 General Survey on the fundamental Conventions, paragraphs 848 and 849).

General observation of 2018. Regarding 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 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, and 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.

Article 5. Special measures. Persons with disabilities. In its previous comment, the Committee once again requested the Government to provide the data on persons with disabilities collected by the National Council on Persons with Disability (NCPD) established by the Persons with Disability Act, 2006, and on the implementation of the special incentive scheme for employing persons with disabilities. The Committee notes that, according to the statistical information provided by the Government (Ghana Statistical Service Survey): in 2010, persons with disabilities represented 3 per cent (737,743 persons) of Ghana’s population (24,658,823). In general, there were more women with disabilities than men, and they mostly lived in rural rather than urban localities. It also notes that over half of all the persons with disabilities aged 15 and over were employed, and among those employed the percentage was higher for men (52 per cent) than women (47 per cent), and higher in the rural areas (58 per cent) than urban localities (49 per cent). The Committee recalls that the Persons with Disability Act, 2006, provides: (1) for rights such as unrestricted access to public places and buildings, employment, education and transport and a 10-year moratorium, within which all public buildings have to be made accessible to people with disabilities; and (2) that the State shall set up rehabilitation centres in each of the 10 administrative regions in the country to train persons with disabilities and facilitate their employment. The Committee therefore asks the Government to provide information on: (i) the implementation of the Persons with Disability Act, 2006, and particularly on the obstacles encountered in practice in providing job training and employment opportunities for persons with disabilities; (ii) the functioning and activities of the NCPD in the field of employment and occupation; and (iii) updated statistical information on the employment rate of persons with disabilities, disaggregated by sex, sector and age.

Enforcement. In its previous comment, the Committee requested the Government to: (1) take steps to enhance the capacity of law enforcement officials to identify and address discrimination in employment and occupation; (2) provide information on any decisions of 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 cases were addressed; and (3) take concrete steps to revise the labour inspection form to include a specific reference to discrimination on all the grounds listed in the Convention, including sexual harassment. The Committee notes the Government’s commitment to continue enhancing the capacity of law enforcement agencies and institutions to identify and address discrimination in employment. The Government adds that there have been no decisions of the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice or any other competent body relating to discrimination in employment, nor cases referred to labour inspectors. Moreover, the Committee notes that the labour inspection form is being reviewed and that it will address all the grounds of discrimination listed in the Convention, including sexual harassment. The Committee asks the Government to provide: (i) concrete examples of measures taken to enhance the capacity of law enforcement agencies and institutions to identify and address discrimination in employment and occupation; (ii) a copy of the new labour inspection form when it has been adopted; (iii) copies of any decisions by the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice or any other competent body, and information on any cases of discrimination in employment and occupation identified by, or reported to, labour inspectors, and the manner in which such cases were addressed.