Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Jamaica (Ratificación : 1975)

Article 1 of the Convention. Legislation. The Committee notes that in response to the issues raised previously regarding the absence of a legislative framework to address discrimination in employment and occupation, the Government indicates that discrimination on the basis of race, colour, sex and religion is not practised in law or in administrative practice. The Committee draws the Government’s attention to the fact that the absence of discriminatory laws and administrative practice is not in itself sufficient to meet the requirements of the Convention and measures should be taken to promote equality of opportunity and treatment with a view of eliminating discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention. Noting that no steps have been taken in order to explicitly define and prohibit direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention, the Committee recalls that in its General Report of 2009 the Committee considered that “in most cases comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention” (paragraph 109). The Committee also recalls that since 1998, it has been noting the absence of sex as a prohibited ground of discrimination under article 24 of the Constitution, as well as the process that has been underway to amend the Constitution. The Committee asks the Government take steps to adopt provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation, and covering all workers. Please also provide information on any developments regarding the status of the Constitutional Amendment Bill, as well as any measures being taken to amend gender-biased or outdated legislation as advocated by the Bureau of Women’s Affairs (BWA).

Sexual harassment. The Committee notes the Government’s indication that the draft policy on sexual harassment, which has been reviewed and amended by the Cabinet Office, will be jointly submitted for Cabinet approval and will propose terms and provisions for the enactment of sexual harassment legislation. The Committee also notes that measures have been taken in order to prepare the implementation of the policy, including training and sensitization workshops for Human Resource and selected senior staff within the public and private sector. The Committee further notes that the BWA continues to provide training and sensitization sessions on sexual harassment, especially to members of the Jamaica Constabulary Force (JCF) and other key stakeholders. The BWA has also developed a video in order to increase public awareness on the issue of sexual harassment. The Committee asks the Government to provide the following information:

• (i) progress made in adopting the policy on sexual harassment and any developments regarding the enactment of sexual harassment legislation following the adoption of the policy;
• (ii) mechanisms established by the draft policy on sexual harassment to allow persons to report incidents of sexual harassment and provide adequate redress;
• (iii) the content and results of training sessions organized by the BWA; and
• (iv) the findings and conclusions of the project on sexual harassment under the United Nations Trust Fund.

Article 1(1)(b). HIV and AIDS. The Committee notes that the national workplace policy on HIV and AIDS is in the process of being amended and consultations will be held to get feedback from the stakeholders. The Committee draws the Government’s attention to the Recommendation concerning HIV and AIDS and the World of Work, 2010 (No. 200). The Committee further notes that the Government has focused on the revival of the Voluntary Compliance Programme (VCP), which aims to promote the national workplace policy on HIV and AIDS (NWP) and assist companies in formulating and implementing workplace HIV/AIDS policies. The Committee notes with interest the measures taken to promote the programme including workshops, training of 25 HIV and AIDS auditors and audits conducted within 15 enrolled companies. The Committee notes that the Jamaican Network of Seropositives protects and defends persons with HIV and AIDS that are faced with discrimination, in court or through conflict mediation conducted by the Ministry of Labour and Social Security. The Committee asks the Government to continue providing information on the implementation of the national workplace policy on HIV and AIDS and to provide a copy once it has been finalized. The Committee also asks the Government to provide information on results achieved through the audits conducted under the VCP, such as the number of enrolled companies that have adopted workplace HIV and AIDS policies and programmes, and the content of these policies. The Committee reiterates its request for information on the status of the proposed HIV and AIDS Regulations which were to be promulgated with the occupational safety and health legislation. Please also provide information on any cases which have been brought to court by the Jamaican Network of Seropositives, and the results thereof.

Persons with disabilities. The Committee notes the various activities carried out by the Ministry of Labour and Social Security between April 2009 and March 2010 to better promote equality of opportunity and treatment for persons with disabilities, including through seminars and sensitization sessions on disability issues. The Committee also notes that 274 self-help grants for different projects were offered and 266 persons received assistance through the Economic and Empowerment Grant (EEG). The Committee further notes from the information provided by the National Training Agency (NTA) that a special education needs policy document was drafted and that six community training interventions are offered in partnership with other organizations, including the Abilities Foundation. The Committee asks the Government to provide information on progress made in adopting the special education needs policy document. The Committee also asks the Government to provide information on the impact that measures taken by the National Training Agency have had on promoting equality of opportunity and treatment in employment and occupation for persons with disabilities. Please also provide disaggregated statistical data on the representation of persons with disabilities in the public and private sectors.

Article 2. Promoting equality of opportunity and treatment between men and women. The Committee welcomes the launching of the national policy for gender equality on 8 March 2011. The Government indicates that the policy is geared towards achieving equal treatment for women and men through equal visibility, equality of opportunity, equal access to all resources, and equal participation in all areas of public and private life. The Committee notes the various measures taken to promote the policy including through training and sensitization on gender mainstreaming and the establishment of gender focal points in the public sector. The Committee also notes the Government’s intention to focus on the collection of sex-disaggregated data and to improve the working conditions in low-paying sectors, including for contract workers. The Committee asks the Government to continue providing information on the impact of the national gender policy in the private and public sectors, and more particularly how it addresses horizontal and vertical gender segregation of the labour market. Please provide a copy of the policy and the gender equality framework. The Committee asks the Government to provide statistical information on the representation of women within different job categories such as in management and decision-making positions in the private and public sectors, and any analysis of such data. The Committee again asks the Government to provide information on steps being taken toward the adoption and implementation of a national policy to promote equality in employment and occupation on grounds other than gender.

Article 3(e). Vocational training. The Committee notes the information provided by the Human Employment and Resources Training/National Training Agency (HEART/NTA) which shows that between 2006 and 2011, 57 per cent of trainees enrolled in the training programme were women. The Committee also notes from the data collected that women had lower employment rates than men after completing the training programme. However, the statistics show that 58 per cent of trainees who were able to secure permanent jobs after the training programme were women. The Committee asks the Government to continue providing information on any measures taken to improve education levels amongst women in order to address occupational segregation and ensure they have better access to higher paid jobs. Please continue to provide information on the number of women trained and the ratio of participants that were able to secure employment after benefiting from the training offered by the HEART/NTA.

Part V of the report form. Statistics. The Committee welcomes the statistics disaggregated by sex provided by the Statistical Institute of Jamaica, showing the ratio of men and women in the labour force based on their level of education. The Committee notes the Government’s statement that statistics are never disaggregated by race and religion mainly due to the fact that 90 per cent of the population is of African descent and of Christian religion. Recalling its previous comments, the Committee reiterates the importance of collecting statistical data disaggregated at least by sex, race and religion, in order to assess the progress and impact of measures taken to eliminate discrimination. The Committee asks the Government to consider disaggregating statistics by sex, race and religion to better assess the application of the Convention. Please provide more specific statistics on the distribution of men and women within different sectors of the labour market, and at different levels of responsibility.