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

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

Article 2 of the Convention. Gender equality in employment and occupation. In its previous comment, the Committee asked the Government to: (1) provide detailed information on the measures taken within the framework of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24) (including on implementation time frame and impact on gender equality in employment and occupation); (2) confirm whether the Affirmative Action (Gender Equality) Bill was adopted; and (3) provide statistical information on the situation of women and men in employment in the private and the public sectors. In its report, the Government indicates that the current labour force participation data show higher employment rates for men (79 per cent) than for women (72.4 per cent). The Committee however notes that the report of the Government does not include information on the impact of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24), or the status of the Affirmative Action (Gender Equality) Bill. Noting that the data provided by the Government do not detail the situation of women and men in employment (such as the distribution of men and women by sectors, earnings levels and hours of work, occupation or occupational group, and geographical area), the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (2012 General Survey on the fundamental Conventions, paragraph 891). The Committee asks again that the Government provides specific information on the implementation and impact of the National Gender Policy and the Coordinated Programme of Economic and Social Development Policies (2017–24) in practice. The Committee also asks the Government to collect and communicate detailed statistics on the situation of men and women in employment (such as information on the distribution of men and women by sectors, earnings levels and hours of work, occupation or occupational group, and geographical area). Lastly, the Committee asks the Government to provide information on any legislative development aiming at achieving gender equality in employment and occupation, through the possible adoption of the Affirmative Action (Gender Equality) Bill or otherwise.

Article 3. Education and vocational training. Previously, the Committee asked the Government to provide information on: (1) the measures taken or envisaged, in the framework of the Education Strategic Plan and the Coordinated Programme of Economic and Social Development Policies (2017–24), to promote access to education and training for girls and women, including to technical institutes and tertiary education institutions, and on the results achieved; (2) whether grounds of discrimination covered by the grievance procedure provided for in section 28 of the Education Act of 2008 include all the grounds of discrimination listed under Article 1(1)(a) of the Convention; and (3) whether the ministerial regulations pursuant to section 29(o) of the same law had been adopted. The Government indicates that a series of measures have been implemented to improve access to education through the expansion of school infrastructures, the training of teachers, capitation grants and school feeding programmes. The average distance to schools has been reduced from 4.5 km to 2.1 kilometres and about 300,000 more children have had access to secondary education. The Committee also notes the information provided by the Government in its report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), according to which gender parity has been achieved at the kindergarten, primary and junior high school levels. However, it has not been achieved at senior high school level despite some improvements (Beijing +25 national report, page 26). With regard to section 28 of the Ghana Education Act, 2008, the Government indicates that the provision is to be read in consonance with section 17(2) and (3) of the 1992 Constitution which prohibit discrimination on the grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status (section 17(2)); and define discrimination as: “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, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description” (section 17(3)). In this regard, the Committee refers to the observation it addresses to the Government. The Committee also notes that the Government does not report on the implementation of sections 28 and 29 of the Education Act of 2008 in practice. The Committee asks that the Government continues its efforts to promote girls’ and women’s access to education and to provide detailed information on the measures adopted in this regard and their impact in practice. The Committee also asks that the Government provides detailed information on the application of section 28 of the Education Act of 2008, such as information on the number of cases of discrimination brought to the attention of, or detected by, the authorities and their outcome. The Committee also asks, once again, that the Government clarifies whether the ministerial regulations provided for under section 29(o) of the same law have been adopted, and if so, to provide a copy of the regulations.

Article 5. Special measures. Persons with disabilities. Previously, the Committee asked the Government to provide information on: (1) 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; (2) the functioning and activities of the National Council on Persons with Disability (NCPD) in the field of employment and occupation; and (3) updated statistical information on the employment rate of persons with disabilities, disaggregated by sex, sector and age. On the implementation of the Persons with Disability Act, 2006, the Government indicates that it has rolled out a number of programmes and projects to train persons with disabilities and provide them with entrepreneurial and employment skills. These programmes include the Youth Employment Agency’s Ekumfi Chalk Making Programme; the Presidential Empowerment for Male Entrepreneurs with Disabilities (PEMED) and for Women Entrepreneurs with Disabilities (PEWED); and the increase from 2 to 3 per cent of the budget of the District Assemblies Common Fund allocated to persons with disabilities. One of the obstacles identified is the absence of a Policy Framework on Equitable Employment to coordinate the efforts in providing job training and employment opportunities for persons with disabilities in the private and public sectors. With regard to the activities of the NCPD, the Government indicates that the Council: (1) created an Inclusion Unit with Employment Schedule Officers for the creation of employment and occupation for persons with disabilities; (2) refers complaints from persons with disabilities on employment matters to the relevant state agencies; (3) offered technical support to institutions implementing inclusive employment policies; (4) is working with stakeholders from the extractive industry to avail job opportunities for workers with disabilities; (5) is working on adopting affirmative action policies within universities; (6) is developing an Enterprising Policy on Disability; and (7) is currently resourcing the Disaggregated Data Unit to build a reliable database on the employment of workers with disabilities. The Committee asks the Government to continue its efforts to promote the access of workers with disabilities to the labour market. It asks that the Government provides information on the impact of the measures in place in this regard (including information on the number of persons with disabilities that have accessed employment as a result of these measures). The Committee asks that the Government provides information on whether a Policy Framework on Equitable Employment has been adopted to coordinate the efforts towards the employment of workers with disabilities. Lastly, the Committee asks the Government to provide statistical information on the situation of workers with disabilities in the labour market (such as statistical data information disaggregated by sex on the trends in access to employment, by sectors and occupations, and information on the wage levels).