Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Santo Tomé y Príncipe (Ratificación : 1982)

Article 1(1)(b) of the Convention. Additional ground of discrimination. Disability. The Committee notes that sections 16, 17 and 283(1) of the Labour Code, adopted through Act No. 6/2019 of 16 November 2018, prohibit discrimination on the ground of disability in employment and occupation. It further notes that, according to sections 283(2) and (3) and 284 of the Labour Code, the State and the employer shall promote adequate measures to enhance the access of persons with disability to employment and vocational training. The Committee also refers to its 2017 observation on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), where it noted that section 27(2) of the Basic Act for Persons with Disabilities No. 7/2012 establishes a quota system for the employment of persons with disabilities in the public and private sectors. The Committee asks the Government to provide information on the practical application of sections 16, 17, 283 and 284 of the Labour Code and section 27(2) of the Basic Act for Persons with Disabilities, including on their impact on ensuring equality of opportunity and treatment of persons with disabilities in employment and occupation. It further asks the Government to provide statistical information on the number of people with disabilities employed in the public and private sectors, disaggregated by sex.

Article 2. General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was 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, 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(2). Affirmative action measures. The Committee notes that section 19 of the Labour Code provides that affirmative action measures of a temporary nature for specific disadvantaged groups, for reasons such as sex, reduced working capacity, disability or chronic illness, nationality or ethnic origin, determined by the legislation, are not considered as discrimination. The Committee asks the Government to provide information on the practical application of section 19 of the Labour Code, and the adoption and implementation in practice of any affirmative action measures with the objective of ensuring equality of opportunity and treatment in respect of employment and occupation. It asks the Government to indicate how it is ensured that any affirmative action measures envisaged is adopted after consultation with employers’ and workers’ organizations, pursuant to Article 5(2) of the Convention.