Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 1(1)(a). Multiple discrimination, including discrimination based on race. Persons of African descent, in particular women. In its previous comments, the Committee asked the Government to provide information on: (1) 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; and (2) the situation of men and women of African descent in employment and occupation, in particular in rural areas. The Committee notes the Government’s indication that the Ethnic Relations Commission (ERC), which is a constitutional body, was re-established on 22 February 2018 with the swearing in of ten new Commissioners. According to the 2020 ERC report, from the 164 complaints received, although 8 of those were submitted by women of African descent, none of those complaints dealt with racism in the workplace or unequal advancement in education. Moreover, the Government states that the ERC has not received complaints from men and women of African descent resident in the rural areas in relation to discrimination in employment or advancement in education. The Committee notes however that, according to the Government, these complaints related to hateful remarks made by persons of other ethnic origins that seek to incite hostility or ill will against women of African descent. None of these complaints were forwarded to the Ministry of Labour. In that regard, the Committee wishes to point out that “hateful remarks made by persons of other ethnic origins that seek to incite hostility or ill will against women of African descent” could in certain circumstances amount to racial discrimination or harassment, and that it has the potential to create tensions in the workplace. It recalls that, in its general observation on discrimination based on race, colour and national extraction adopted in 2018, the Committee indicated that “racial harassment occurs where a person is subject to physical, verbal or non-verbal conduct or other conduct based on race which undermines their dignity or which creates an intimidating, hostile or humiliating working environment for the recipient. Moreover, the intersection of factors such as race, religion, gender or disability increases the risk of harassment, particularly in respect of young women from an ethnic or racial minority”.

The Committee notes the Government’s statement that, in its view, the legal framework adequately supports protection for persons of African descent from discrimination including women and girls, as it gives victims of such discrimination a right to seek redress in courts. The Committee observes however that, in its 2020 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government indicates that: (1) “There is a wide perception that the legal system is a bottleneck, is ineffective in protecting the rights of the population in general, and specifically in protecting women’s and girls’ rights against discrimination and violence. Enforcement appears to be weak, particularly in relation to discrimination and gender-based violence offences”; (2) “The [United Nations Committee on the Elimination of Discrimination Against Women (CEDAW)] and other consulted sources noted that women’s ability to exercise their rights and to bring cases before the courts is greatly limited by the absence of permanent magistrates’ courts in all regions and the lack of knowledge and awareness of the anti-discrimination laws among the population at large and the women themselves, particularly in the rural and hinterland areas”; and (3) “In many cases concerning women and gender related issues, officials tend to base their judgments on their own gender-biased beliefs and not on the existing legal provisions. Another great limitation, particularly for the poorest of the population, is the absence of free public legal assistance. So far, the less-resourced people, and particularly women, are limited to seeking legal advice from non-governmental organisations, such as The Guyana Legal Aid Clinic, which provides free or subsidized legal advice and representation to people who cannot afford to pay for an attorney” (Beijing+25 report, page 7). In this regard, the Committee wishes to recall that it is an obligation for member States to make the provisions of a ratified Convention effective in law and in practice. It is therefore necessary, though not sufficient in itself, for the provisions of the national law to be in conformity with the requirements of the Convention. Certain forms of discrimination based on race, national or social origin, sex-based occupational segregation and sexual harassment are not, on the whole, caused by an intention to discriminate or by legislative provisions or regulations, but are rather the result of behaviour, attitudes or an expression of prejudice, in respect of which positive measures should be adopted. In light of the challenges mentioned above, the Committee urges the government to take steps: (i) to carry out awareness-raising activities for workers, employers and their organizations, labour inspectors, judges and society in general, in order to combat gender stereotypes and occupational gender segregation; (ii) to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and to secure compliance with the provisions of the applicable labour law; (iii) to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice; (iv) to ensure that victims of discrimination based on race, colour or national extraction, in particular women of African descent, have Bottom of Form

effective access to legal assistance; (v) to consider promoting the development of workplace policies or race relations awareness training sessions to prevent racial and ethnic harassment; and (vi) to provide information on any court or administrative decisions regarding discrimination based on race, colour, national extraction and gender.

The Committee is raising other matters in a request addressed directly to the Government.