Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Barbados (Ratification: 1974)

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(2) of the Convention. Inherent requirements of the job. The Committee notes that section 8 subparagraphs (1) and (3) of the Employment (Prevention of Discrimination) Bill, 2020 (see the observation the Committee addresses to the government on this subject), read together, provide that “a distinction made, exclusion created or preference shown shall not be taken to be discrimination where the reason for” such difference in treatment is “an inherent requirement of a particular position”. The Committee also notes that under section 8(4), it is possible to make a preference based on sex when: “(a) the job can only be performed by a person who has physical attributes, other than stamina and strength, which only a person of a particular sex possesses; (b) it is necessary, in order to preserve decency or privacy, for the job to be performed by a person of a particular sex; (c) the nature of the undertaking or establishment within which the job is to be performed requires the job to be held by a person of a particular sex; or (d) the job involves providing persons of a particular sex with personal services concerning their welfare, health or education and those services can most effectively be performed by a person of a particular sex”. The Committee notes the existence of further exceptions, where a preference is permitted under the Bill and not considered as discrimination: for the care of minors (section 11), for work for religious bodies and educational religious bodies (sections 12 and 13), in situations where wearing a religious dress would impede the performance of a task (section 14), for the provision of services by charities (section 15), for sports (section 16), and visual and performing arts (section 17). The Committee recalls that such exceptions are, in principle, acceptable under the Convention but that the inherent requirements of the particular job must still be evaluated, on a case-by-case basis, in light of the actual bearing of the tasks performed on the institution’s or organization’s objective, and the criteria used must correspond in a concrete and objective way to the inherent requirements of a particular job (see the General Survey on the fundamental Conventions, 2012, paragraphs 827–831). The Committee asks the Government, if the Employment (Prevention of Discrimination) Act was adopted, to provide information on how these provisions are applied in practice, including by the courts (for example by providing extracts of court decisions in which it was found that an inherent requirement applied to a particular position under the Act).

Articles 2 and 3. Equality of opportunity and treatment for men and women. National gender policy. With reference to its previous comment, the Committee notes, from the statistics published by the Barbados Statistical Service (Labour Force Survey 2021), the persisting occupational gender segregation in the labour market. The statistics on gender distribution by occupational group show that the number of women workers is still double that of men workers in services and that there continues to be four times more women than men working as clerks. In contrast, men still largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. The Committee notes, from the concluding observations of the United Nations Committee for the Elimination of Discrimination against Women (CEDAW), the persistence of deep-rooted patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society, which perpetuate the subordination of women in the family and in society, and which is reflected in the educational and professional choices of women, their limited participation in political and public life and in the labour market and their unequal status in family relations. Like the CEDAW, the Committee notes that the Government has not yet taken sustained measures to modify or eliminate discriminatory stereotypes (CEDAW/C/BRB/CO/5-8, 24 July 2017, para. 21). Recalling that the Government has been indicating, since 2008, that a draft National Policy on Gender is underway, the Committee notes, with regret, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report) that this policy is yet to be adopted. The Committee once again urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee again asks the Government to provide:

• (i)a copy of the most recent version of the Policy and information on any progress made; and
• (ii)information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, particularly with a view to increase opportunities for men and women to access occupations in which they are under-represented and to promote work-family balance for all employees.

National policy. With reference to its previous observation, the Committee once again requests the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with concern that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 3(e). Access to education, vocational training and guidance. The Committee notes, from the Beijing+25 national report, that the gender profile of students participating in technical and vocational training reflects traditional choices, for example males in barbering and females in sewn products. In the above-mentioned report, the Government also indicates that efforts are being made to encourage more girls to participate in non-traditional technical and vocational subjects and the STEM (science, technology, engineering and mathematics) disciplines, but no information is provided as to how it will achieve this. The Committee once again asks the Government to provide:

• (i)information on the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented; and
• (ii)provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking.

Article 5. Special measures of protection. The Committee notes that section 10 of the Employment (Prevention of Discrimination) Bill 2020 provides that the adoption by an employer of a measure shall not be taken to be discrimination if that measure is: “(a) designed to promote equality of opportunity for disadvantaged groups; (b) a fair and proportionate means of achieving such equality of opportunity; and (c) used only for so long as it is necessary for the attainment, in the circumstances, of such equality of opportunity”. The Committee requests the Government to provide information on how this provision is applied in practice.

Enforcement. Referring to its previous comments, the Committee notes the CEDAW’s observations that there are insufficient resources allocated to the justice system, overly burdensome procedural rules, considerable backlogs and lengthy delays in processing cases (CEDAW/C/BRB/CO/5-8, para. 13). The Committee urges the Government to take steps to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination and to provide information on the measures taken. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Committee asks the Government to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.