Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(b). Other prohibited grounds of discrimination. Persons with disabilities. The Committee welcomes the Government’s indication in its report that people having a disability (both physical and cognitive) were part of the target audience of the Youth and Adult Training for Employment (YATE) programme and the Skills for Youth Employment (SkYE) programme. It notes, however, that, in March 2023, the World Bank published a profile note providing an overview of the legal and social context affecting persons with disabilities in the country. This note shows that the principle of non-discrimination on the basis of disability is not recognized in the country and that the legal framework does not: (1) provide equal opportunities for persons with disabilities to participate in the civil, political, economic and social spheres; (2) promote their access to the general education system; and (3) establish a quota system for the employment of persons with disabilities in both public and private sectors. The Committee also notes that persons with disabilities might be denied the right to stand for office on account of discriminatory criteria that exclude them. The Committee requests the Governmentto provide information on any measures taken or envisaged to: (i) enhance the access of persons with disabilities to inclusive education programmes and vocational training; and (ii) promote employment opportunities for them, both in the private and public sectors. It also requests the Government to provide statistical data on the participation of men and women with disabilities in education, vocational training and employment.

Real or perceived HIV status. The Committee welcomes the Government’s indication that: (1) the Ministry of Health, Wellness, and the Environment, in collaboration with civil society organizations, has implemented a support system to reduce stigma and discrimination while improving awareness and education about HIV; (2) the Ministry’s programme officers regularly deliver sessions in both public and private sectors (between April and June 2024, 41 sensitization sessions, reaching 1,312 individuals, were conducted); and (3) while only a few cases of stigma towards persons living with HIV in the workplace have been reported, immediate action has been taken to address them. The Committee requests the Government to continue to provide information on: (i) any measures taken, both in law and practice, to prevent and address discrimination in employment and occupation based on real or perceived HIV status, including any awareness-raising initiatives taken in collaboration with employers, workers, and their respective organizations; and (ii) the number and outcome of any cases of such discrimination detected by or reported to labour inspectors, or brought before the courts or any other competent authorities. Finally, the Committee reiterates its request to the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS has not been implemented.

Articles 1 to 3. Equality of opportunity and treatment between men and women. The Government indicates that multiple efforts are being made to improve women’s access to employment and increase their presence in leadership roles in both public and private sectors. In this respect, the Committee welcomes the following initiatives: (1) the National Plan to End Violence against Women and Children 2022–32; (2) the reform of the Paid Parental Leave Scheme to promote men’s participation in shared care-giving responsibilities; (3) the Male Engagement Programme (MEND), which promotes positive masculinity and addresses social issues such as gender inequality; and (4) the Women Empowerment Programme (WEMPOWER) which is focused on leadership development of young women and girls through education and economic support, and tackles persistent barriers to economic participation of women. The Government also draws attention to the following gender mainstreaming initiatives: (1) the National Gender Policy, which aims to outline strategies for increasing the participation and representation of women in various sectors, including the workforce; (2) the appointment of Gender Focal Points in various ministries and agencies to guarantee that gender perspectives are integrated into labour and employment policies, inter alia; (3) the capacity-building and training programmes, which aim to enhance understanding of gender equality among policymakers, employers, and employees; and (4) the Build Back Equal (BBE) Project, which aims to offer assistance to women running micro, small, and medium enterprises (MSMEs) through training and capacity-building, promoting gender equality in business practices, and the monitoring of the Project’s impact on women-owned MSMEs. In the field of education and training, the Committee welcomes: (1) the efforts that are being led by the Information Technology Services Division (ITSD) to encourage women and girls to pursue careers in traditionally male-dominated fields, such as Science, Technology, Engineering and Mathematics (STEM); and (2) the overall increase in the number of female trainees in the Another Nexus in Education for Workforce Development (ANEW) programme, which is part of the Technical and Vocational Education and Training (TVET) Development Project. In this respect, the Committee welcomes the statistical data provided regarding TVET, which shows that the enrolment and certification rates under both programmes are higher for females than for males. It further notes that the 2022 Labour Force Survey Report shows that: (1) certain occupations are male dominated (Plant and machine operators, and assemblers (96.6 per cent male), Craft and related trades workers (86.4 per cent male), as well as Skilled agricultural, forestry and fishery workers (83.1 per cent male)); (2) other occupation groups are female dominated (Clerical support workers (79.3 per cent female) and Professionals (72.4 per cent female)); (3) the two occupational groups where the gender balance is the highest are Technicians and associate professionals (51.4 per cent female), as well as Managers (46.5 per cent female); and (4) the unemployment rate is lower for men than for women. Finally, the Committee notes that, according to World Bank data, in 2023: (1) women’s labour force participation remained significantly low at 55.1 per cent (versus 54.4 per cent in 2020), as compared to 75.3 per cent for men (versus 76.6 per cent in 2020); and (2) only 18.2 per cent of seats in the parliament, and 8.33 per cent of ministerial-level positions were held by women. The Committee requests the Government to provide information on: (i) any initiative, programme or project implemented with a view to addressing gender stereotypes and occupational segregation, fostering equality of treatment and opportunity between women and men in employment and occupation, and enhancing women’s access to decision-making positions; and (ii) the enrolment in education and vocational training, by providing statistical data disaggregated by sex and field of studies.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Government states that, to effectively address and resolve issues related to gender-based pay disparities, there is a need for enhanced collaboration with workers, employers, and their organizations, as well as advocacy groups, and there are focused initiatives to reduce gender segregation in industries and workplaces. The Government informs the Committee that a Data Collection and Research mechanism is being implemented with a view to reducing gender-based disparities. It further indicates that statistical data on salary levels, disaggregated by sex and occupation in both public and private sectors, are not yet available. The Committee observes that the 2022 Labour Force Survey Report shows that, on average, women earn 96.2 per cent of men’s income. The Committee wishes to recall that, providing statistical data on salary levels, disaggregated by sex and occupation in both public and private sectors, allows for an adequate evaluation of the nature, extent and causes of the salary differentials between men and women. The underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation, and in particular to matters such as access to employment and occupation, occupational segregation, an unbalanced distribution of family responsibilities, and gender roles and stereotypes. The Committee refers, in this respect, to its comments above on Convention No. 111. The Committee expresses the firmhope that the Government will be able to provide such data in its next report, including more detailed information on the functioning and findings of the Data Collection and Research mechanism. Please provide information on any progress achieved in that regard. The Committee also requests the Government to provide information on any measure taken in cooperation with employers’ and workers’ organizations for the purpose of addressing the gender occupational segregation and the gender pay gap.

Article 2(2)(b). Wage-fixing mechanisms. The Committee notes with regret that the Government does not provide information on the content of the revised Wages Regulations Orders and limits itself to referring to the increase of the minimum wage that applies to all monthly and daily paid workers. The Committee wishes to emphasize that: (1) the principle of the Convention is not limited to minimum wages but concerns equal remuneration for work of equal value; and (2) rates should be fixed based on objective criteria, free from gender bias, to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. The Committee urges the Government to provide information on the measures in place to ensure that Wage Councils do take into account the principle of the Convention when determining rates.

Article 3. Objective appraisal of jobs. The Committee notes the Government’s statement that annual performance evaluations were conducted within the public sector during the first quarter of 2024, but no measures were taken to promote job evaluations within the private sector. The Committee recalls that there is a significant difference between the concept of the evaluation of professional performance, which aims to evaluate the manner in which a particular worker carries out the job (output), and the concept of objective job evaluation, which evaluates the job (and not the worker) with a view to measuring the relative value of jobs that do not have the same content. The Committee stresses that Article 3 of the Convention presupposes the use of appropriate methods for the objective evaluation of jobs. As women and men are very often engaged in different jobs, it is necessary to have a method of comparison through which it is possible to measure and compare the relative value of different jobs on the basis of objective and non-discriminatory factors (such as the required skills/qualifications, effort, responsibilities and working conditions) to prevent any sexist bias in their evaluation. Experience shows that skills that are often considered to be “female”, such as manual dexterity and those required in the caring professions, are frequently undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting, which contributes to perpetuating the undervaluation of women’s jobs and to the widening of the pay gap between men and women (see the 2012 General Survey on fundamental Conventions, paras 695 to 701). Article 3 also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation. Once again, the Committee wishes to remind the Government that it may avail itself of the technical assistance of the Office in this regard. The Committee urges the Government to take steps to ensure the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions, in both public and private sectors, and provide information on any progress achieved in that regard. 

Conventions No s 100 and 111 – Application in practice

Awareness-raising. The Government reports that: (1) the Labour Department uses the weekly “Employment in Focus” programme as a platform to educate and sensitize the general public on workers’ rights and employers’ obligations; (2) Questions and Answers sessions provide comprehensive and practical information to the audience; and (3) the Advocacy and Public Awareness Campaign aims to combat gender stereotypes and promote equal opportunities for both men and women in various fields. The Committee notes, however, that the Government does not indicate how these initiatives contribute to promote the principles of both Conventions. The Committee requests the Government to provide detailed information on any measures taken or envisaged to increase awareness of the principles of the Conventions (i.e. equal pay for work of equal ‘value’ and non-discrimination in employment and occupation), among government officials, judges, workers, employers, and their organizations, as well as the general public to promote their effective application.

Enforcement. The Committee notes the Government’s indication that: (1) no cases of discrimination in employment and occupation, including cases related to unequal remuneration between men and women, has been detected by or reported to labour inspectors, or brought before the courts or the competent authorities; and (2) the Labour Department is currently working on plans to strengthen the labour inspectors’ capacity to implement the principle of Convention No. 111. In this respect, the Committee refers the Government to its 2023 observation on the application of the Labour Inspection Convention, 1947 (No. 81), in which it encouraged the Government to continue to pursue its efforts to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors, to enable them to effectively carry out their duties. The Committee reiterates its request that the Government take proactive measures: (i) to enforce the application of both Conventions, including through the capacity-building of labour inspectors and the strengthening of the dispute resolution machinery in place; and (ii) to prevent and address acts of intimidation and reprisal against complainants. Please communicate the number and outcome of any cases of discrimination in employment and occupation, including gender discrimination in remuneration, detected by or reported to labour inspectors, or dealt with by the courts or any other competent authorities.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation), together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1 of the Convention. Legislation. The Committee notes with deep regret the Government’s indication in its reports that no changes have occurred with respect to the legislation affecting the application of the Convention.

The Committee urges the Government to take without further delay the necessary steps to ensure the adoption of an effective legislative framework that explicitly prohibits direct and indirect discrimination in employment and occupation based on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), covering all workers, both nationals and non-nationals, in public and private sectors. Please provide information on any progress made in that regard.

Article 1(1)(a). Prohibited grounds of discrimination. Discrimination based on sex. Sexual harassment. The Committee notes with regret the Government’s statement that it cannot provide information regarding the progress made towards the adoption of the draft Employment Relations (Prevention of Sexual Harassment) Act.

The Committee firmly hopes that the Government will take the necessary measures to adopt this draft Act without delay and ensure that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). Please provide information on any progress made in that regard. The Committee also reiterates its request to the Government to provide information on the measures taken to increase awareness among employers, workers and their organizations, about discrimination based on sex and sexual harassment, as well as on the number of complaints or cases of sexual harassment in the workplace dealt with by the competent authorities and institutions, the penalties imposed, and compensation awarded.

Article 2. National policy for equality of opportunity and employment (NEP). Noting with regret the Government’s indication that there have been no changes in this regard since its last report, the Committee wishes to recall that: (1) the primary obligation provided for in the Convention is for States to declare and pursue a national equality policy; and (2) such policy needs to be understood in the broadest terms as a multifaceted policy encompassing a combination of measures to promote equality in employment and occupation in the country. It is therefore different from specific time-bound policies or action plans, such as gender equality strategies. The NEP includes the legislative, regulatory and awareness-raising measures adopted in the country in relation to the diverse forms and grounds of discrimination covered by the Convention. Once again, the Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee urges the Government to take without delay the necessary steps to develop and implement a national policy promoting equality of opportunity and treatment for all in employment and occupation (not limited to discrimination based on sex and gender). Please provide information on any progress made in this regard.

Article 3(d). Public sector. For many years, the Committee has observed the absence of provisions prohibiting discrimination in the public service. The Committee notes with deep regret that the Government limits itself to referring to Part 2 of the Public Service Commission Regulations, as amended in 1988, which governs the appointment, promotion and transfers of public officers, and that these Regulations have still not been amended to include provisions prohibiting discrimination.

The Committee urges the Government to take measures, both in law and in practice, to ensure the protection of public officers against discrimination in employment and occupation on all the grounds listed in the Convention.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1(b) and 2. The principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes with regret that: (1) the Protection of Employment Act, 2003, does not promote this principle, contrary to the Government’s indication; and (2) no changes have occurred with respect to the legislation affecting the application of the Convention.

Therefore, the Committee urges the Government to take the necessary steps to: (i) amend section 3(1) of the 1994 Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value; and (ii) provide information on any progress achieved in that regard.

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

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

Articles 1 and 2 of the Convention. Horizontal and vertical occupational segregation and gender pay gap. Referring to the comments it made in 2020 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee points out that, in its 2015 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the clear horizontal segregation of the labour market and the concentration of women in low-income occupational categories; and (2) the lack of a comprehensive and integrated strategy to address ideological and structural barriers that discourage girls from participating in non-traditional academic and technical-vocational subjects (CEDAW/C/VCT/CO/4-8, 28 July 2015, paragraphs 28(c) and 30). Similarly, the Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee (CCPR) expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 14). Noting that horizontal and vertical occupational segregation contribute for a large part to the gender pay gap, the Committee requests the Government to provide information on the measures taken to: (i) combat traditional gender stereotypes and norms on sex-appropriate roles in society as well as in employment and occupation; and (ii) encourage girls and women to enrol in traditionally “male” fields of study or vocational training, and the results achieved, in terms of the number of girls and women enrolled in those fields.

Article 2(2)(b). Determination of wages. Promotional measures. The Committee notes that, as it did in its last report (2015), the Government indicates once again that it will take proactive measures on the next revision of the Wages Regulations Orders to ensure that wage councils would fix wages in a manner that promotes the principle of the Convention. The Committee notes, however, that the Government gives no indication on the measures taken since 2015 nor envisaged for the next revision. The Committee recalls that, previously it had taken note of the Government’s indication that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women would soon resume. In this regard, the Committee notes the assurance of the Government that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women is ongoing with a view to promote vigorously the principle of the Convention. It also notes the information provided by the Government on the promotional measures taken regarding minimum wages (information on the Department of Labour’s website and radio programmes) but would like to underline that, although minimum wages are an important tool to implement the principle of equal remuneration for work of equal value, they are neither equivalent nor sufficient to ensure full implementation. The Committee requests the Government to provide information regarding the latest revision of the Wages Regulations Orders and the measures taken on this occasion to ensure that wage councils do promote the principle of equal remuneration for men and women for work of equal value. The Committee also requests information on the measures taken, in collaboration with the Gender Affairs Division and the National Council of Women or otherwise, to promote a better understanding of the principle of the Convention among the social partners, public officials (including labour inspectors and judges), other legal professionals and the public in general.

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to provide information on how it promotes the principle of equal remuneration for men and women for work of equal value and to adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector. It notes the Government’s statement that it is unable to provide the requested information without further explanation. The Committee reiterates its requests to the Government to provide information on measures taken or envisaged to ensure objective job evaluation in the public sector and promote it in the private sector. It also wishes to remind the Government that it may avail itself of the technical assistance of the Office in this regard.

Enforcement. The Committee notes the Government’s “overall satisfaction that workers in general have knowledge of the minimum wages within their respective sectors” and that the complaints and dispute resolution mechanisms are easily accessible. Once again, the Committee wishes to emphasize that the principle of the Convention is not limited to minimum wages but concerns equal remuneration for work of equal value. In addition, it recalls that the absence of complaints on pay inequalities between men and women for work of equal value does not mean that there are no such inequalities in practice but may result from a lack of knowledge among workers, as well as law enforcers, of the principle of equal remuneration for men and women workers for work of equal value as enshrined in the Convention. The Committee requests the Government: (i) to provide examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and of the dispute resolution machinery in place; (ii) to improve the capacity of labour inspectors to promote and enforce this principle, as well as to identify cases of discrimination; and (iii) to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies granted, as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s indication, in its report, that 5,000 of the 7,000 or so civil servants are women but that the statistical data on occupations is not disaggregated by sex. Nevertheless, the Government provides sex-specific information for the top three classification levels of the public service (grades A1, A2 and A3) for the 2021 fiscal year, which shows that, out of 59 filled positions, 36 (i.e. 61 per cent) are occupied by women. For the private sector, however, this information is not available. The Committee recalls once again that, in its 2012 General Survey on the fundamental Conventions (paragraph 888), it stressed that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women and that, if such information is not yet available, Governments should supply all the information that is currently available and continue to work towards the compilation of full statistical information. In this regard, it notes that in its 2015 concluding observations, the CEDAW also called upon the Government to implement systems of collection, analysis and dissemination of data disaggregated by sex (among others) and encouraged it to develop gender-sensitive indicators that could be used in the formulation, implementation, monitoring, evaluation and, when necessary, review of gender equality policies (CEDAW/C/VCT/CO/4-8, paragraph 47). Recalling that technical assistance was provided by the ILO to the country as from 2011 to strengthen its labour market information system as a pilot project to develop labour market information systems in all the countries of the Organization of Eastern Caribbean States (OECS), the Committee requests the Government to indicate the steps taken or envisaged as a follow up to enhance the collection of statistical data on salary levels and occupations, disaggregated by sex, both in the public and the private sectors. In the meantime, it encourages the Government to continue to provide any statistical information available, especially disaggregated by sex for higher-level positions.

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

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the comments the Committee made on the application of the Equal Remuneration Convention, 1951 (No. 100). In view of this, the Committee is bound to repeat its previous comment and asks the Government to reply to its requests in its next report.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of a National Action Plan on Gender-Based Violence in 2015, as well as the Government’s indication that it was aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee welcomes the Government’s statement in its report that a draft Employment Relations (Prevention of Sexual Harassment) Act was developed in 2020, in consultation with several stakeholders, and has been sent to the competent authority for legislative approval and enactment. It notes the adoption of the Domestic Violence Act, 2015, a copy of which has been forwarded by the Government, but observes that the Act only refers to cases of violence in the private sphere and does not address sexual harassment in the workplace. As regards the National Action Plan on Gender-Based Violence, the Committee notes, from the 2018 Status Update, forwarded by the Government, that several awareness-raising activities were carried out in order to achieve the specific outcome aimed at the elimination of attitudes and social and cultural norms which generate gender-based violence, but that further activities were planned in the near future to fully implement the Plan. The Committee notes that, in its 2019 concluding observations, the United Nations (UN) Human Rights Committee expressed concerns about reports of the high prevalence of sexual violence and abuse which disproportionately affects women and is often underreported because of a lack of trust between victims and law enforcement authorities (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 18). Recalling the gravity and serious repercussions of sexual harassment which is a serious manifestation of sex discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794), the Committee hopes that the draft Employment Relations (Prevention of Sexual Harassment) Act will be adopted in the near future, and that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). It asks the Government to provide information on any progress made in that regard. The Committee further asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment, as well as on the number of any complaints or cases of sexual harassment dealt with by the competent authorities and institutions, the penalties imposed, and compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments where it asked the Government to provide information on the measures taken to combat gender stereotypes relating to the roles and skills of men and women, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It notes that the Education Sector Development Plan (ESDP) 2014–19 identifies as one of its major objectives: equality of access and equality of education, regardless of gender, socio-economic situation and geographical location. It further notes that, according to the ESDP, the enrolment and performance of women in secondary and tertiary education is higher than for men. However, the Committee notes that, according to World Bank data, in 2020, the labour force participation of women remained significantly low at 54.4 per cent, as compared to 76.6 per cent of men. The Committee notes this information with concern. It further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, paragraph 14). The Committee asks the Government to provide information on any measures taken to address gender stereotypes and improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s access to employment, including to decision-making positions, both in the public and private sectors. In light of the lack of correlation between the high level of education attained by women and their low level of engagement in the workforce, it also asks the Government to provide information on any study or assessment made to identify the underlying causes, and to remedy this situation. Noting the Government’s statement that it is still unable to provide appropriate data and statistics but is committed to doing so in the near future, the Committee asks the Government to provide any statistical information available on the number of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

Equality of opportunity and treatment irrespective of HIV status. The Committee previously noted the adoption of the National Tripartite Workplace Policy on HIV and AIDS, as well as: (1) the responsibility of the Ministry of Labour for the implementation, monitoring and assessment of the policy; and (2) the specific responsibilities assigned to both workers and employers in that regard. The Committee recalls that the policy provides that all employers must adopt comprehensive HIV and AIDS workplace programmes to prevent and prohibit HIV-related stigma and discrimination at work. It notes with regret the Government’s statement that no further steps have been taken to implement the policy. The Committee asks the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS was not implemented, in particular on any obstacles identified, and the measures envisaged to overcome them, in collaboration with employers’ and workers’ organizations. It asks the Government to provide information on any other measures taken or envisaged in the meantime to: (i) raise awareness, in collaboration with employers, workers, and their respective organizations; and (ii) enhance the development and implementation of policies, at national or enterprise level, in order to prevent and address discrimination based on real or perceived HIV status in employment and occupation.

Public sector. The Committee previously noted that the Service Commissions Department was responsible for the recruitment, selection, appointment and promotion of civil servants, but observed that the regulations governing the recruitment and conditions of employment of public servants still did not contain provisions prohibiting discrimination. The Committee notes the Government’s statement that the regulations are yet to be amended to include provisions prohibiting all forms of discrimination and that no further action has been taken by the competent authority in this regard. The Government adds that the recruitment practice in the public sector promotes equal access to employment for both sexes, without specifically requesting men or women applicants which constitutes one of the main measures to combat gender stereotypes. Observing that the Government did not provide information concerning the policies and guidelines followed by the Service Commissions Department when it selects, appoints and promotes civil servants, the Committee notes with regret the absence of steps taken by the Government to ensure, both in law and in practice, the protection of public servants against any form of discrimination, not only on the ground of sex but also on the other grounds listed in Article 1(1)(a) of the Convention. In light of the persistent lack of legislation or a national equality policy fully implementing the provisions of the Convention, the Committee again asks the Government to provide information on the policies and guidelines followed by the Service Commissions Department in the selection, appointment and promotion of civil servants. It further asks the Government to provide information on any other measures taken, both in law and in practice, to ensure the protection of public servants against discrimination: (i) in all aspects of employment and occupation (access to employment and vocational training, and terms and conditions of employment throughout their careers); and (ii) on all the grounds listed in the Convention (namely sex, race, colour, religion, political opinion, national extraction or social origin).

Enforcement. Referring to its previous comments where it emphasized the important role of labour inspectors in combating discrimination in the workplace, the Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), the persistent shortage of labour officers (of whom five are currently labour inspectors), which is also affected by a high turnover rate during the last five years. It notes that 41 inspection visits were conducted in 2019 but that no information is provided by the Government on the nature of the violations detected or the sanctions imposed. Noting the repeated lack of information provided by the Government on the implementation of the Convention in practice, the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). In light of the persistent lack of legislation and national equality policy fully implementing the provisions of the Convention, the Committee asks the Government to: (i) take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention; (ii) provide information on any activities undertaken in this regard, in particular in order to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment; and (iii) provide information on the number and outcome of any cases of discrimination in employment and occupation detected by or reported to labour inspectors, the courts or any other competent authorities.

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

Article 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For a number of years, the Committee has been indicating to the Government that section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work”, is not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s statement, in its report, that “the matter to amend section 3(1) of the Equal Pay Act is still awaiting Cabinet’s action”. In this regard, it notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2015 concluding observations, also noted with concern that the Equal Pay Act was not in conformity with the principle of equal remuneration for men and women for work of equal value (CEDAW/C/VCT/CO/4–8, 28 July 2015, paragraphs 32 and 33). The Committee urges the Government to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

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

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the Committee’s comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee is therefore bound to repeat its previous comment.

Article 1 of the Convention. Protection of workers against discrimination. Legislation. The Committee recalls that Article 13 of the Constitution Order of 1979 contains a general prohibition against discrimination on the grounds of sex, race, place of origin, political opinions, colour or creed. For a number of years, the Committee has been drawing the Government’s attention to the fact that Article 13 of the Constitution: (1) does not refer to the grounds of national extraction and social origin listed in Article 1(1)(a) of the Convention; and (2) excludes non-citizens from its scope of application, while the Convention covers both nationals and non-nationals. The Committee has further highlighted the lack of any specific legislation prohibiting discrimination in employment and occupation and has recalled that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and that a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). Referring to its previous comments, in which it noted the Government’s intention to adopt a law similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee notes with regret the Government’s statement in its report that no further action has been taken in this regard. With regard to section 27 of the Education Act (Cap 202) of 2006 which prohibits discrimination in admission to an educational institution or schools on a certain number of grounds, the Committee notes the Government’s indication that social status is similar to social origin, but that there has been no judicial decision with respect to the meaning of social status.

The Government adds that draft amendments to the Protection of Employment Act of 2003 have been made to prohibit termination of employment on the grounds of race, colour, gender, marital status, social status, sexual orientation, pregnancy, religion, political opinion or affiliation, nationality, or social or indigenous origin of the employee. Noting that such amendments are awaiting the approval of the competent authority, the Committee wishes to recall that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation. Under Article 1(3) of the Convention “employment” and “occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 749). The Committee notes that, in their concluding observations, several United Nations treaty bodies have recently expressed concerns about: (1) the fact that article 13 of the Constitution is not applicable to non-citizens; and (2) the lack of provisions specifically prohibiting discrimination in employment and occupation (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 8; and CMW/C/VCT/CO/1, 17 May 2018, paragraph 26).

In light of the persistent lack of progress in the drafting of legislation that fully reflects the provisions of the Convention, the Committee urges the Government to take the necessary steps without delay to ensure the adoption of an effective legislative framework that explicitly prohibits direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) concerning all stages of the employment process and covering all workers, both nationals and non-nationals. It asks the Government to provide information on any progress made in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

Articles 2 and 3(a). National equality policy. Referring to its previous comments concerning the lack of a national policy promoting equality of opportunity and treatment in employment and occupation, the Committee notes the Government’s repeated statement that the competent authority has not developed a national equality policy yet. The Government however states that appropriate steps are being taken to formulate such a policy in the near future. In that regard, the Committee draws the Government’s attention to the fact that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in respect thereof (General Survey, 2012, paragraph 841). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to take the necessary measures to develop and implement a national policy promoting equality of opportunity and treatment in employment and occupation, in order to effectively contribute to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers. It asks the Government to provide information on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of a National Action Plan on Gender-Based Violence in 2015, as well as the Government’s indication that it was aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee welcomes the Government’s statement, in its report, that a draft Employment Relations (Prevention of Sexual Harassment) Act was developed in 2020, in consultation with several stakeholders, and has been sent to the competent authority for legislative approval and enactment. It notes the adoption of the Domestic Violence Act, 2015, copy of which has been forwarded by the Government, but observes that the Act only refers to cases of violence in the private sphere and does not address sexual harassment in the workplace. As regards the National Action Plan on Gender-Based Violence, the Committee notes, from the 2018 Status Update, forwarded by the Government, that several awareness-raising activities were carried out in order to achieve the specific outcome aimed at the elimination of attitudes and social and cultural norms which generate gender-based violence, but that further activities were planned in a near future to fully implement the Plan. The Committee notes that, in its 2019 concluding observations, the United Nations (UN) Human Rights Committee expressed concerns about reports of the high prevalence of sexual violence and abuse which disproportionately affects women and is often underreported because of a lack of trust between victims and law enforcement authorities (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 18). Recalling the gravity and serious repercussions of sexual harassment which is a serious manifestation of sex discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794), the Committee hopes that the draft Employment Relations (Prevention of Sexual Harassment) Act will be adopted in the near future, and that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). It asks the Government to provide information on any progress made in that regard. The Committee further asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment, as well as on the number of any complaints or cases of sexual harassment dealt with by the competent authorities and institutions, the penalties imposed and compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments where it requested the Government to provide information on the measures taken to combat gender stereotypes relating to the roles and skills of men and women, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It notes that the Education Sector Development Plan (ESDP) 2014–19 identifies as one of its major objectives: equality of access and equality of education, regardless of gender, socio-economic situation and geographical location. It further notes that, according to the ESDP, the enrolment and performance of women in secondary and tertiary education is higher than for men. However, the Committee notes that, according to World Bank data, in 2020, the labour force participation of women remained significantly low at 54.4 per cent, compared to 76.6 per cent of men. The Committee notes this information with concern. It further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, paragraph 14). The Committee asks the Government to provide information on any measures taken to address gender stereotypes and improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s access to employment, including to decision-making positions, both in the public and private sectors. In light of the lack of correlation between the high level of education attained by women and their low level of engagement in the workforce, it also asks the Government to provide information on any study or assessment made to identify the underlying causes and remedy this situation. Noting the Government’s statement that it is still unable to provide appropriate data and statistics but is committed to do so in the near future, the Committee asks the Government to provide any statistical information available on the number of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

Equality of opportunity and treatment irrespective of HIV status. The Committee previously noted the adoption of the National Tripartite Workplace Policy on HIV and AIDS, as well as: (1) the responsibility of the Ministry of Labour for the implementation, monitoring and assessment of the policy; and (2) the specific responsibilities assigned to both workers and employers in that regard. The Committee recalls that the policy provides that all employers must adopt comprehensive HIV and AIDS workplace programmes to prevent and prohibit HIV-related stigma and discrimination at work. It notes with regret the Government’s statement that no further steps were taken to implement the policy. The Committee asks the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS was not implemented, in particular on any obstacles identified, and the measures envisaged to overcome them, in collaboration with employers’ and workers’ organizations. It asks the Government to provide information on any other measures taken or envisaged in the meantime to: (i) raise awareness, in collaboration with employers, workers, and their respective organizations; and (ii) enhance the development and implementation of policies, at national or enterprise level, in order to prevent and address discrimination based on real or perceived HIV status in employment and occupation.

Public sector. The Committee previously noted that the Service Commissions Department was responsible for the recruitment, selection, appointment and promotion of civil servants, but observed that the regulations governing the recruitment and conditions of employment of public servants still did not contain provisions prohibiting discrimination. The Committee notes the Government’s statement that the regulations are yet to be amended to include provisions prohibiting all forms of discrimination and that no further action has been taken by the competent authority in this regard. The Government adds that the recruitment practice in the public sector promotes equal access to employment for both sexes, without specifically requesting men or women applicants, which constitute one of the main measures to combat gender stereotypes. Observing that the Government did not provide information concerning the policies and guidelines followed by the Service Commissions Department when it selects, appoints and promotes civil servants, the Committee notes with regret the absence of steps taken by the Government to ensure, both in law and in practice, the protection of public servants against any form of discrimination, not only on the ground of sex but also on the other grounds listed in Article 1(1)(a) of the Convention. In light of the persistent lack of legislation or a national equality policy fully implementing the provisions of the Convention, the Committee again asks the Government to provide information on the policies and guidelines followed by the Service Commissions Department in the selection, appointment and promotion of civil servants. It further asks the Government to provide information on any other measures taken, both in law and in practice, to ensure the protection of public servants against discrimination: (i) in all aspects of employment and occupation (access to employment and vocational training, and terms and conditions of employment throughout their careers); and (ii) on all the grounds listed in the Convention (namely sex, race, colour, religion, political opinion, national extraction or social origin).

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 asks the Government to provide information in response to the questions raised in that observation.

Enforcement. Referring to its previous comments where it emphasized the important role of labour inspectors in combating discrimination in the workplace, the Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), the persistent shortage of labour officers (of whom five are currently labour inspectors), which were also affected by a high turnover rate during the last five years. It notes that 41 inspection visits were conducted in 2019 but that no information is provided by the Government on the nature of the violations detected or the sanctions imposed. Noting the repeated lack of information provided by the Government on the implementation of the Convention in practice, the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). In light of the persistent lack of legislation and national equality policy fully implementing the provisions of the Convention, the Committee asks the Government to: (i) take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention; (ii) provide information on any activities undertaken in this regard, in particular in order to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment; and (iii) provide information on the number and outcome of any cases of discrimination in employment and occupation detected by or reported to labour inspectors, the courts or any other competent authorities.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Legislative protection against discrimination. The Committee recalls that article 13 of the Constitution Order of 1979 contains a general prohibition against discrimination on the grounds of sex, race, place of origin, political opinions, colour or creed. For a number of years, the Committee has been drawing the Government’s attention to the fact that article 13 of the Constitution: (1) does not refer to the grounds of national extraction and social origin listed in Article 1(1)(a) of the Convention; and (2) excludes non-citizens from its scope of application, while the Convention covers both nationals and non-nationals. The Committee has further highlighted the lack of any specific legislation prohibiting discrimination in employment and occupation and recalled that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey of 2012 on the fundamental Conventions, paragraph 851). Referring to its previous comments where it noted the Government’s intention to adopt a law similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee notes with regret the Government’s statement, in its report, that no further action has been taken in that regard. As regards section 27 of the Education Act (Cap 202) of 2006 which prohibits discrimination in admission to an educational institution or schools on a certain number of grounds, the Committee notes the Government’s indication that social status is similar to social origin, but that there has been no judicial decision with respect to the meaning of social status. The Government adds that draft amendments to the Protection of Employment Act of 2003 have been made to prohibit termination of employment on the grounds of race, colour, gender, marital status, social status, sexual orientation, pregnancy, religion, political opinion or affiliation, nationality, or social or indigenous origin of the employee. Noting that such amendments are awaiting the approval of the competent authority, the Committee wishes to recall that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation. Under Article 1(3) of the Convention “employment” and “occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (see General survey of 2012, paragraph 749). The Committee notes that, in their concluding observations, several United Nations treaty bodies recently expressed concerns about: (1) the fact that article 13 of the Constitution is not applicable to non-citizens; and (2) the lack of provisions specifically prohibiting discrimination in employment and occupation (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 8; and CMW/C/VCT/CO/1, 17 May 2018, paragraph 26). In light of the persistent lack of progress made in the making of legislation that fully reflects the provisions of the Convention, the Committee urges the Government to take the necessary steps without delay to ensure an effective legislative framework that explicitly prohibits direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), concerning all stages of the employment process and covering all workers, both nationals and non-nationals. It asks the Government to provide information on any progress made in this regard. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

Articles 2 and 3(a). Lack of a national equality policy. Referring to its previous comments concerning the lack of a national policy promoting equality of opportunity and treatment in respect of employment and occupation, the Committee notes the Government’s repeated statement that the competent authority has not developed a national equality policy yet. The Government however states that appropriate steps are being taken to formulate such a policy in a near future. In that regard, the Committee draws the Government’s attention to the fact that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof (see General Survey of 2012, paragraph 841). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to take the necessary measures to develop and implement a national policy promoting equality of opportunity and treatment in respect of employment and occupation, in order to effectively contribute to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers. It asks the Government to provide information on any progress made in that regard.

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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:

• (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
• (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see General Survey on the fundamental Conventions, 2012, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.

Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy.

Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.

Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in this regard.

Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.

Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide further information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again requests the Government to take measures to ensure the protection of public servants against any discrimination, not only on the basis of sex, but also on all the other grounds listed in the Convention (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants, not only in the process of their recruitment, but also throughout their careers.

The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations, including top management positions, within the public sector.

Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the periodic reports of the labour inspectorate on its activities relating to equality.

Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility and recalls that it may avail itself of ILO technical assistance.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:

• (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
• (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see General Survey on the fundamental Conventions, 2012, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.

Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy.

Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.

Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in this regard.

Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.

Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide further information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again requests the Government to take measures to ensure the protection of public servants against any discrimination, not only on the basis of sex, but also on all the other grounds listed in the Convention (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants, not only in the process of their recruitment, but also throughout their careers.

The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations, including top management positions, within the public sector.

Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the periodic reports of the labour inspectorate on its activities relating to equality.

Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility and recalls that it may avail itself of ILO technical assistance.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:

• (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
• (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see General Survey on the fundamental Conventions, 2012, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.

Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy.

Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.

Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in this regard.

Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.

Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide further information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again requests the Government to take measures to ensure the protection of public servants against any discrimination, not only on the basis of sex, but also on all the other grounds listed in the Convention (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants, not only in the process of their recruitment, but also throughout their careers.

The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations, including top management positions, within the public sector.

Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the periodic reports of the labour inspectorate on its activities relating to equality.

Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility and recalls that it may avail itself of ILO technical assistance.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments. The Committee recalls its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and notes the Government’s renewed intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. The Committee continues to urge the Government to put in place an effective legislative framework to protect workers against discrimination, and to provide information on the progress made in this regard. In this respect, it strongly encourages the Government to take into consideration the following principles:

• (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and
• (ii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the draft Constitution which provided women with access to education and vocational training on an equal footing with men, which was rejected in a referendum in 2009. It notes the Government’s indication that section 13 of the current Constitutional Order of Saint Vincent and the Grenadines still embodies the principle of equality of opportunity and treatment between men and women. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee further notes that section 27 of the Education Act Cap 202 of the Laws of Saint Vincent and the Grenadines Revised Edition of 2009 uses the term “social status” as one of the enumerated grounds of discrimination. Recalling that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see 2012 General Survey, paragraph 802), the Committee requests the Government to confirm its understanding that both terms are similar in meaning and to provide the Committee with any judicial decisions on the meaning of “social status”. It also requests the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation beyond the education sector.

Article 2. Access of women to education and vocational training. The Committee notes the Government’s indication that, along with the Educational Act Cap 202 of 2009, a national policy on equality in vocational training has been put into place through the Education Sector Development Plan 2014–19. The Committee requests the Government to provide a copy of the Education Sector Development Plan, as well as more information regarding the measures taken to implement the policy in its next report.

Articles 2 and 3(a) of the Convention. Lack of a national equality policy. The Committee notes the Government’s indication that, while a national policy regarding education and vocational training has been established, there is no further indication of developments regarding a general national equality policy. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. Consequently, the Committee requests the Government to take measures to declare and pursue such a policy in both the public and private sectors and to provide information on the measures taken to formulate its national policy to promote equal opportunities in employment and occupation generally.

Sexual harassment. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which indicate that a National Action Plan on Gender-Based Violence was been adopted in 2015 (CEDAW/C/VCT/CO/4-8, 24 July 2015, paragraph 4) and the Government’s indication that it is aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee requests the Government to provide a copy of the National Action Plan on Gender-Based Violence. It also requests information on the measures taken or envisaged to introduce into national legislation provisions that define sexual harassment in the workplace (covering both quid pro quo and hostile working environment harassment) and which prohibit and address this type of discrimination. The Committee also requests the Government to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in this regard.

Articles 1(1)(b) and 2 of the Convention. HIV and AIDS. The Committee notes with interest the Government’s indication that the National Tripartite Workplace Policy on Chronic Non-Communicable Diseases and HIV and AIDS has been adopted. It notes that the Ministry of Labour will be responsible for managing the implementation, monitoring and evaluation of this national policy, that the Government will be responsible for the enactment of the relevant laws and that specific responsibilities have been assigned to both workers and employers. The Committee requests the Government to provide information in its next report regarding the measures taken to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, including both legislative and programmatic measures, and statistical data on the outcomes, disaggregated by sex.

Article 3(d). Protection against discrimination in the public sector. The Committee notes the Government’s indication that the Service Commissions Department conducts the recruitment, selection, appointment and promotion of civil servants. It also notes, however, that the regulations governing the recruitment and conditions of employment of public servants still do not contain provisions prohibiting discrimination. The Committee requests the Government to provide more information on the policies and guidelines followed by the Service Commissions Department when it recruits, selects, appoints and promotes civil servants, and how these policies and guidelines implement the principles of the Convention. It once again requests the Government to take measures to ensure the protection of public servants against any discrimination, not only on the basis of sex, but also on all the other grounds listed in the Convention (race, colour, religion, political opinion, national extraction or social origin). The Committee also once again requests the Government to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants, not only in the process of their recruitment, but also throughout their careers.

The Committee recalls its previous request to the Government for information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women, in particular for public service employees, nurses, teachers and police officers. While it notes the Government’s indication that these industries, traditionally dominated by a particular sex, have seen a decrease in the differential over the years, it notes that the Government has not provided information on the measures taken in this regard. The Committee is therefore bound once again to request the Government to indicate the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations, including top management positions, within the public sector.

Part III of the report form. Labour inspection. The Committee notes that the Government has not provided a reply on this point. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee once again requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the periodic reports of the labour inspectorate on its activities relating to equality.

Statistics. The Committee notes the Government’s reply that it is unable to provide the statistics requested in the previous request. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, in setting priorities and designing appropriate measures, in monitoring and evaluating the impact of such measures, and in making any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee once again requests the Government to provide statistics, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility and, if need be, to avail itself of ILO technical assistance.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples in its next report of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisioned by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Work of equal value. The Committee notes the Government’s acknowledgement that the Equal Pay Act, 1994, is not in conformity with the principle of equal remuneration for men and women for work of equal value, and that it is important to amend the legislation to include such a provision. The Committee strongly urges the Government to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value; and to keep the Committee informed of any progress achieved in this regard.

Fixing of wages. The Committee notes the Government’s indication that wages councils, in determining wages, might not have had a full grasp of the principle of “equal pay for work of equal value”, and may have been guided by the fact that some occupations are more physically demanding than others. In this connection, the Committee draws the Government’s attention to the need to ensure that criteria for the appraisal of work do not undervalue the skills, and the difficulty of working conditions in jobs performed by women (see 1986 General Survey on equal remuneration, paragraphs 150 to 152). While noting the Government’s indication that the issue will be brought to the attention of the wages councils, the Committee asks the Government to take proactive measures to ensure that the wages councils fix wages in a manner that promotes the principle of the Convention, and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. Please also supply information on the measures taken to enforce minimum wages effectively, as well as information on any complaints received on minimum wages violations, the sanctions imposed and the remedies provided.

Objective job evaluation. The Committee notes that in response to its previous comments concerning objective job evaluation, the Government indicates that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents on the necessity to link pay increases to a performance salary scale within any collective agreements. The Committee hopes that the Government will adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and asks it to provide information on progress achieved in this regard. The Committee also asks the Government, as previously requested, to provide further information on the contents of the recommendations made in the context of the public sector job classification, as well as on the impact they have had in ensuring the application of the principle of the Convention.

Promotional measures. The Committee notes the Government’s indication that serious consideration has been given to training and awareness-raising activities on the Convention’s principles among public officials, workers and employers. It also notes that a series of activities has been planned through the Gender Affairs Division and the National Council of Women. The Committee recalls the importance of training public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee asks the Government to continue to provide information on training and awareness-raising activities taken or envisaged to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, and to report on the progress made. The Committee also asks the Government to provide detailed information on the activities taken or envisaged to promote the principle of the Convention through the Gender Affairs Division and the National Council of Women.

Enforcement. The Committee notes from the Government’s report that the labour inspection services have not found any cases of non-compliance with the principle of equal remuneration between men and women for work of equal value; and that no workers have raised complaints in this respect. The Committee recalls that the absence of complaints on pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, or difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any measures have been taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. Please also continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. Noting that no information has been provided with respect to its previous request, the Committee once again asks the Government to provide statistical data on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislative developments. The Committee notes from the Government’s report that the new Constitution, adopted by the National Assembly on 3 September 2009, was rejected by a referendum held on 25 November 2009. Recalling its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and the Government’s intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee urges the Government to take the necessary measures to ensure an effective legislative framework, protecting workers against discrimination, and to provide information of progress made in this regard. The Committee strongly encourages the Government to take into consideration the following:

• (i) the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention, including national extraction and social origin, and with respect to all aspects of employment and occupation;
• (ii) other prohibited grounds could be added pursuant to Article 1(1)(b) of the Convention and, in this context, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), stating that real or perceived HIV status should not be a ground for discrimination preventing the recruitment or continued employment, or the pursuit of equal opportunities (paragraph 10); and
• (iii) the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on article 21(2) of the new Constitution providing equality in access to education and vocational training, as well as equality of opportunity in respect of employment, remuneration and promotion. Noting that the new Constitution has been rejected, the Committee asks the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation. Moreover, it requests the Government to provide information on any measures taken or envisaged to implement, in practice, the principle of equality of opportunity and treatment between men and women.

Sexual harassment. The Committee notes that there are no legislative, regulatory or other provisions designed to prohibit and eliminate sexual harassment in the workplace. As the Committee emphasized in its 2002 general observation on this form of sex discrimination, sexual harassment undermines equality at work by calling into question the integrity, dignity and well-being of workers, and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Taking into account the gravity of this practice and its repercussions, the Committee requests the Government to consider taking measures so that provisions are introduced into the national legislation which define sexual harassment in the workplace, covering both quid pro quo and hostile working environment harassment, and prohibit and address this type of discrimination. The Government is requested to provide information on any progress made with regard to the definition, prevention and elimination of sexual harassment at work, and to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in that regard.

Articles 2 and 3(a). National policy and cooperation with the social partners. In reply to the Committee’s previous comments concerning the lack of a national policy on equality, the Government once again indicates that no progress has been made in this regard, but points out that consultations are envisaged between the Department of Labour and the employers’ and workers’ representatives on this matter in the coming months. The Committee would like to emphasize that it is not sufficient to prohibit all kinds of discrimination and that specific action must also be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (see General Survey on equality in employment and occupation, 1996, paragraph 279). Moreover, as the Committee indicated in its 1988 General Survey on this Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied, presupposing state implementation of appropriate measures according to the principles outlined in Articles 2 and 3 of the Convention and Paragraph 2 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee urges the Government to take appropriate measures to declare and pursue a national policy designed to promote equality of opportunity and treatment in order to eliminate any form of discrimination in employment and occupation, in both the private and public sectors. The Government is requested to provide information on the progress made in this regard, including, in particular, regarding cooperation with the social partners in promoting the acceptance and observance of this policy.

Article 3(d). Protection against discrimination in the public sector. The Committee notes that the regulations governing the recruitment and conditions of employment of public servants do not contain provisions prohibiting discrimination and that the Government indicates that the appointment and promotion of public servants are based on professional performance and length of service. The Committee requests the Government to take measures to ensure the protection of public servants against any discrimination not only on the basis of sex, but also on all the other grounds listed in the Convention. The Government is also requested to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants not only in the process of their recruitment, but also throughout their career.

The Committee notes the statistics, disaggregated by sex, concerning the training and promotion of certain public servants, provided by the Government. It notes, however, that the statistics provided do not allow an evaluation of the situation of women in the public service, particularly with regard to their recruitment and promotion to high-level posts or to posts with career prospects. Furthermore, with regard to participation in professional training within colleges for nurses, teachers and police officers in recent years, it notes a persistent gender segregation according to profession, with women being far more numerous in colleges training nurses and teachers. The Committee requests the Government to provide information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations within the public sector.

Access of women to education and vocational training. Referring to its previous comments, the Committee notes that the Government indicates that the national policy on equality in vocational training has still not been adopted. Furthermore, the Committee understands that a draft law on education is currently being examined and would like to draw the Government’s attention to the fact that “social origin” is not included among the prohibited grounds of discrimination listed in section 27(3) of this draft. The Committee hopes that the Government will be able to report progress in the near future with regard to the adoption and implementation of a policy and programmes aimed at improving the access of women to vocational training and education. It asks the Government to indicate whether the draft law on education has been adopted and, if so, to provide a copy.

Part III of the report form. Labour inspection. The Committee notes that, according to the Government, the labour inspectorate’s activities are relatively limited, but that it is envisaged to improve the operation of this institution. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the labour inspectorate’s reports on its activities relating to equality.

Statistics. The Committee once again requests the Government to provide in its next report the statistics available, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Work of equal value. The Committee notes the Government’s acknowledgement that the Equal Pay Act, 1994, is not in conformity with the principle of equal remuneration for men and women for work of equal value, and that it is important to amend the legislation to include such a provision. The Committee strongly urges the Government to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value; and to keep the Committee informed of any progress achieved in this regard.

Fixing of wages. The Committee notes the Government’s indication that wages councils, in determining wages, might not have had a full grasp of the principle of “equal pay for work of equal value”, and may have been guided by the fact that some occupations are more physically demanding than others. In this connection, the Committee draws the Government’s attention to the need to ensure that criteria for the appraisal of work do not undervalue the skills, and the difficulty of working conditions in jobs performed by women (see 1986 General Survey on equal remuneration, paragraphs 150 to 152). While noting the Government’s indication that the issue will be brought to the attention of the wages councils, the Committee asks the Government to take proactive measures to ensure that the wages councils fix wages in a manner that promotes the principle of the Convention, and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. Please also supply information on the measures taken to enforce minimum wages effectively, as well as information on any complaints received on minimum wages violations, the sanctions imposed and the remedies provided.

Objective job evaluation. The Committee notes that in response to its previous comments concerning objective job evaluation, the Government indicates that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents on the necessity to link pay increases to a performance salary scale within any collective agreements. The Committee hopes that the Government will adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and asks it to provide information on progress achieved in this regard. The Committee also asks the Government, as previously requested, to provide further information on the contents of the recommendations made in the context of the public sector job classification, as well as on the impact they have had in ensuring the application of the principle of the Convention.

Promotional measures. The Committee notes the Government’s indication that serious consideration has been given to training and awareness-raising activities on the Convention’s principles among public officials, workers and employers. It also notes that a series of activities has been planned through the Gender Affairs Division and the National Council of Women. The Committee recalls the importance of training public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee asks the Government to continue to provide information on training and awareness-raising activities taken or envisaged to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, and to report on the progress made. The Committee also asks the Government to provide detailed information on the activities taken or envisaged to promote the principle of the Convention through the Gender Affairs Division and the National Council of Women.

Enforcement. The Committee notes from the Government’s report that the labour inspection services have not found any cases of non-compliance with the principle of equal remuneration between men and women for work of equal value; and that no workers have raised complaints in this respect. The Committee recalls that the absence of complaints on pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, or difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any measures have been taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. Please also continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. Noting that no information has been provided with respect to its previous request, the Committee once again asks the Government to provide statistical data on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee notes from the Government’s report that the new Constitution, adopted by the National Assembly on 3 September 2009, was rejected by a referendum held on 25 November 2009. Recalling its previous comments on the lack of provisions specifically prohibiting discrimination in employment and occupation, and the Government’s intention to adopt a law that is similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee urges the Government to take the necessary measures to ensure an effective legislative framework, protecting workers against discrimination, and to provide information of progress made in this regard. The Committee strongly encourages the Government to take into consideration the following:

(i)    the national legislation in the broad sense should cover, as a minimum, direct and indirect discrimination on all the grounds listed in Article 1(1)(a) of the Convention, including national extraction and social origin, and with respect to all aspects of employment and occupation;

(ii)   other prohibited grounds could be added pursuant to Article 1(1)(b) of the Convention and, in this context, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), stating that real or perceived HIV status should not be a ground for discrimination preventing the recruitment or continued employment, or the pursuit of equal opportunities (paragraph 10); and

(iii)  the scope of the anti-discrimination protection should cover all workers, including nationals and non-nationals.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on article 21(2) of the new Constitution providing equality in access to education and vocational training, as well as equality of opportunity in respect of employment, remuneration and promotion. Noting that the new Constitution has been rejected, the Committee asks the Government to indicate how the principle of equality of opportunity and treatment between men and women will be addressed in the national legislation. Moreover, it requests the Government to provide information on any measures taken or envisaged to implement, in practice, the principle of equality of opportunity and treatment between men and women.

The Committee notes with regret that the Government’s brief report does not reply to some matters raised in the Committee’s previous comments. The Committee hopes the Government will be able to provide full information in its next report on the points from its previous direct request, which read, in relevant parts, as follows:

…

Sexual harassment. The Committee notes that there are no legislative, regulatory or other provisions designed to prohibit and eliminate sexual harassment in the workplace. As the Committee emphasized in its 2002 general observation on this form of sex discrimination, sexual harassment undermines equality at work by calling into question the integrity, dignity and well-being of workers, and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Taking into account the gravity of this practice and its repercussions, the Committee requests the Government to consider taking measures so that provisions are introduced into the national legislation which define sexual harassment in the workplace, covering both quid pro quo and hostile working environment harassment, and prohibit and address this type of discrimination. The Government is requested to provide information on any progress made with regard to the definition, prevention and elimination of sexual harassment at work, and to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in that regard.

Articles 2 and 3(a). National policy and cooperation with the social partners. In reply to the Committee’s previous comments concerning the lack of a national policy on equality, the Government once again indicates that no progress has been made in this regard, but points out that consultations are envisaged between the Department of Labour and the employers’ and workers’ representatives on this matter in the coming months. The Committee would like to emphasize that it is not sufficient to prohibit all kinds of discrimination and that specific action must also be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (see General Survey of 1996 on equality in employment and occupation, paragraph 279). Moreover, as the Committee indicated in its 1988 General Survey on this Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied, presupposing state implementation of appropriate measures according to the principles outlined in Articles 2 and 3 of the Convention and Paragraph 2 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee urges the Government to take appropriate measures to declare and pursue a national policy designed to promote equality of opportunity and treatment in order to eliminate any form of discrimination in employment and occupation, in both the private and public sectors. The Government is requested to provide information on the progress made in this regard, including, in particular, regarding cooperation with the social partners in promoting the acceptance and observance of this policy.

Article 3(d). Protection against discrimination in the public sector. The Committee notes that the regulations governing the recruitment and conditions of employment of public servants do not contain provisions prohibiting discrimination and that the Government indicates that the appointment and promotion of public servants are based on professional performance and length of service. The Committee requests the Government to take measures to ensure the protection of public servants against any discrimination not only on the basis of sex, but also on all the other grounds listed in the Convention. The Government is also requested to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants not only in the process of their recruitment, but also throughout their career.

The Committee notes the statistics, disaggregated by sex, concerning the training and promotion of certain public servants, provided by the Government. It notes, however, that the statistics provided do not allow an evaluation of the situation of women in the public service, particularly with regard to their recruitment and promotion to high-level posts or to posts with career prospects. Furthermore, with regard to participation in professional training within colleges for nurses, teachers and police officers in recent years, it notes a persistent gender segregation according to profession, with women being far more numerous in colleges training nurses and teachers. The Committee requests the Government to provide information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations within the public sector.

Access of women to education and vocational training. Referring to its previous comments, the Committee notes that the Government indicates that the national policy on equality in vocational training has still not been adopted. Furthermore, the Committee understands that a draft law on education is currently being examined and would like to draw the Government’s attention to the fact that “social origin” is not included among the prohibited grounds of discrimination listed in section 27(3) of this draft. The Committee hopes that the Government will be able to report progress in the near future with regard to the adoption and implementation of a policy and programmes aimed at improving the access of women to vocational training and education. It asks the Government to indicate whether the draft law on education has been adopted and, if so, to provide a copy.

Part III of the report form. Labour inspection. The Committee notes that, according to the Government, the labour inspectorate’s activities are relatively limited, but that it is envisaged to improve the operation of this institution. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the labour inspectorate’s reports on its activities relating to equality.

Statistics. The Committee once again requests the Government to provide in its next report the statistics available, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1(a), of the Convention. Legislative developments. The Committee notes that, in reply to its previous comments, the Government confirms that “place of origin” referred to in article 13(3) of the Constitution of 1979 as a prohibited ground of discrimination may be understood as corresponding to “national extraction” mentioned in Article 1(1)(a) of the Convention. It also notes that the draft Constitution which was adopted by the National Assembly on 3 September 2009 but which has not yet entered into force, repeats the content of article 13(3) of the previous Constitution and that, consequently, not only does it still contain the phrase “place of origin” but “social origin” is still not included among the prohibited grounds of discrimination.

In its previous comments, the Committee emphasized that there were no legal provisions specifically prohibiting discrimination in employment and occupation and drew the Government’s attention to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation. Noting the Government’s intention to adopt a law that is similar to the CARICOM Model Law in the near future and recalling that the national legislation in the broad sense should cover, as a minimum, discrimination on all the grounds listed in Article 1(1)(a) of the Convention, the Committee hopes that the Government will take the necessary measures to ensure effective protection for workers against discrimination in accordance with the Convention, and that it will soon be able to report significant progress in this regard. It also requests the Government to provide a copy of any official document or court decision interpreting the expression “place of origin” mentioned in the Constitution.

Equality of opportunity and treatment between men and women. The Committee notes with interest that article 21(2) of the new Constitution expressly provides that women shall have access to education and vocational training on an equal footing with men and shall benefit from equality of opportunity in respect of employment, remuneration and promotion. The Committee requests the Government to provide information on any measures taken or envisaged to implement in practice the principle of equality in respect of employment, remuneration and promotion as enshrined in the new Constitution.

Sexual harassment. The Committee notes that there are no legislative, regulatory or other provisions designed to prohibit and eliminate sexual harassment in the workplace. As the Committee emphasized in its 2002 general observation on this form of sex discrimination, sexual harassment undermines equality at work by calling into question the integrity, dignity and well-being of workers, and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Taking into account the gravity of this practice and its repercussions, the Committee requests the Government to consider taking measures so that provisions are introduced into the national legislation which define sexual harassment in the workplace, covering both quid pro quo and hostile working environment harassment, and prohibit and address this type of discrimination. The Government is requested to provide information on any progress made with regard to the definition, prevention and elimination of sexual harassment at work, and to provide information on any cases of sexual harassment dealt with by the competent authorities and institutions, including the outcome of the proceedings initiated in that regard.

Application of the principle of non-discrimination to non-nationals. The Committee notes that, according to the Government, non-nationals with a work permit enjoy the same rights as nationals with regard to non-discrimination in employment and occupation and that there have been no cases of discrimination of these persons to date. It notes with regret, however, that article 37(4)(b) of the new Constitution includes the provisions of article 13(4)(b) of the former Constitution, under which the general prohibition of discrimination is not applicable to non-citizens. The Committee therefore requests the Government once again to take the necessary measures to ensure the protection of all workers, regardless of their nationality, against discrimination in employment and occupation in both law and practice, with respect to all the grounds set out in the Convention.

Articles 2 and 3(a). National policy and cooperation with the social partners. In reply to the Committee’s previous comments concerning the lack of a national policy on equality, the Government once again indicates that no progress has been made in this regard, but points out that consultations are envisaged between the Department of Labour and the employers’ and workers’ representatives on this matter in the coming months. The Committee would like to emphasize that it is not sufficient to prohibit all kinds of discrimination and that specific action must also be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (see General Survey of 1996 on equality in employment and occupation, paragraph 279). Moreover, as the Committee indicated in its 1988 General Survey on this Convention, the national policy on equality of opportunity and treatment should be clearly stated and should be applied, presupposing state implementation of appropriate measures according to the principles outlined in Articles 2 and 3 of the Convention and Paragraph 2 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee urges the Government to take appropriate measures to declare and pursue a national policy designed to promote equality of opportunity and treatment in order to eliminate any form of discrimination in employment and occupation, in both the private and public sectors. The Government is requested to provide information on the progress made in this regard, including, in particular, regarding cooperation with the social partners in promoting the acceptance and observance of this policy.

Article 3d). Protection against discrimination in the public sector. The Committee notes that the regulations governing the recruitment and conditions of employment of public servants do not contain provisions prohibiting discrimination and that the Government indicates that the appointment and promotion of public servants are based on professional performance and length of service. The Committee requests the Government to take measures to ensure the protection of public servants against any discrimination not only on the basis of sex, but also on all the other grounds listed in the Convention. The Government is also requested to indicate the means available to the heads of personnel to ensure and implement equality of opportunity and treatment among public servants not only in the process of their recruitment, but also throughout their career.

The Committee notes the statistics, disaggregated by sex, concerning the training and promotion of certain public servants, provided by the Government. It notes, however, that the statistics provided do not allow an evaluation of the situation of women in the public service, particularly with regard to their recruitment and promotion to high-level posts or to posts with career prospects. Furthermore, with regard to participation in professional training within colleges for nurses, teachers and police officers in recent years, it notes a persistent gender segregation according to profession, with women being far more numerous in colleges training nurses and teachers. The Committee requests the Government to provide information on the measures taken to combat sexist stereotypes relating to the roles and skills of men and women and to promote and encourage access by women to a wider range of occupations within the public sector.

Access of women to education and vocational training. Referring to its previous comments, the Committee notes that the Government indicates that the national policy on equality in vocational training has still not been adopted. Furthermore, the Committee understands that a draft law on education is currently being examined and would like to draw the Government’s attention to the fact that “social origin” is not included among the prohibited grounds of discrimination listed in section 27(3) of this draft. The Committee hopes that the Government will be able to report progress in the near future with regard to the adoption and implementation of a policy and programmes aimed at improving the access of women to vocational training and education. It asks the Government to indicate whether the draft law on education has been adopted and, if so, to provide a copy.

Part III of the report form. Labour inspection. The Committee notes that, according to the Government, the labour inspectorate’s activities are relatively limited, but that it is envisaged to improve the operation of this institution. Emphasizing the important role of labour inspectors in combating discrimination in the workplace, the Committee requests the Government to provide information on the measures taken or envisaged to equip and sensitize them with the appropriate means and knowledge to detect cases of discrimination, regardless of the grounds, and to take follow-up action. It also requests the Government to provide extracts from the labour inspectorate’s reports on its activities relating to equality.

Statistics. The Committee once again requests the Government to provide in its next report the statistics available, disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors of activity and at the different levels of responsibility.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Work of equal value. The Committee recalls its previous comments on section 3(1) of the Equal Pay Act, 1994, providing only for equal pay for equal work. The Committee regrets to note that the Government once again merely indicates that the issue of amending the legislation in order to ensure conformity with the Convention will be brought to the attention of the Cabinet. The Committee recalls its 2006 general observation on this issue and urges the Government to take the necessary steps to ensure that the legislation provides for equal remuneration for men and women for work of equal value.

Fixing of wages. The Committee notes the adoption of several new wages regulations orders in 2008 for security workers, agricultural workers, domestic workers, hotel workers, industrial workers, workers in offices of professionals and shop assistants. The Committee notes the Government’s indication that the principle of equal pay is being assured though the participation in the wages councils of representatives from the trade unions and the St. Vincent and the Grenadines Employers’ Federation. The Committee notes, however, that the Wages Regulations (Agricultural Workers) Orders, the Wages Regulations (Hotel Workers) Order 2008, and the Wages Regulations (Shop Assistants) Order 2008 still include certain male or female connotations for certain occupations such as “watchman”, “houseman/bellboy”, “hostess” which may indicate that these occupations are only open to either men or women and therefore involve a gender bias in determining the wages for these occupations. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women employed in each of the occupations and their corresponding wage scales covered by the Orders. Please also indicate how the wages councils ensure that in fixing the wages for the different occupations, rates for female-dominated occupations are not set below the level of rates set for male-dominated occupations involving work of equal value.

Objective job evaluation. The Committee notes that the results of the comprehensive public sector job classification exercise have been rejected by the major trade unions which led to a review of the process and a series of new recommendations. The recommendations have been accepted by Cabinet and are awaiting implementation. The Committee asks the Government to provide further information on the contents of the recommendations made and on their implementation, as well as on the impact they have had in ensuring the application of the principle of equal remuneration in the public sector. Please also indicate whether any measures have been taken to promote the use of objective job evaluation in the private sector.

Enforcement. The Committee notes that the Government once again affirms that the labour inspection services have not observed any discrimination with respect to remuneration between men and women nor have any complaints been lodged with the Department of Labour. The Committee draws the attention of the Government to the fact that the absence of complaints about equal remuneration does not necessarily imply that the principle of the Convention is being fully applied. On the contrary, it might be an indication that the national legislation on equal pay and the existing complaints mechanisms are inadequate or ineffective. The Committee encourages the Government to examine whether the current complaints and enforcement mechanisms are effectively responding to the needs of male and female workers to raise complaints with respect to gender differences in remuneration for work of equal value. Please also continue to provide information on the activities of the competent authorities monitoring the equal remuneration legislation, including on any cases of unequal remuneration dealt with.

Promotional measures. The Committee notes the Government’s statement that there is not much value in taking measures to promote the principle of the Convention since no discrimination has been found. The Committee recalls once again its 2006 general observation indicating that the principle of the Convention does not only concern equal remuneration between men and women for equal work but also for work that is of a different nature but nevertheless of equal value. From the Government’s replies to previous comments, the Committee is bound to conclude that some misunderstanding does in fact exist regarding the scope and implications of the principle of work of equal value. The Committee therefore reiterates its requests to the Government to undertake training and awareness raising on the Convention’s principle among public officials, workers, employers and their organizations and other relevant target groups, and to report on the progress made. Please also provide information on the measures taken by the Department of Women’s Affairs and the National Council of Women to promote equal remuneration for men and women for work of equal value.

Statistics. The Committee notes the statistics on men and women in top positions in the public service in 2007. However, without an indication of the earnings of men and women in these positions, as well as in other occupations and posts in the public service and the private sector, it is difficult for the Committee to assess whether the principle of the Convention is being applied. The Committee trusts that the Government will provide such information in its next report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds “national extraction” and “social origin”, as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether “place of origin” is to be understood as corresponding to “national extraction” in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of “national extraction” and “social origin”, in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination, and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Work of equal value. The Committee recalls that section 3(1) of the Equal Pay Act, 1994, guarantees “equal pay for equal work”, which is not fully in accordance with the Convention. The Committee draws the Government’s attention to its 2006 general observation in which it stressed that the concept of work of equal value includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Government’s report indicates that the issue of amending the legislation in order to ensure conformity with the Convention would be drawn to the attention of cabinet. The Committee asks the Government to provide information on the steps taken to ensure that the legislation provides for equal remuneration for men and women for work of equal value, and any progress made in this regard.

2. Fixing of wages. The Committee notes that in 2003 the Government adopted seven regulations to establish minimum wages covering agricultural workers, domestic workers, industrial workers and shop assistants and, for the first time, also for hotel workers, security workers, and workers in offices of professionals. The Committee also notes the Government’s indication that the application of the Convention’s principle was principally ensured through the involvement of workers’ and employers’ organizations in the minimum wage fixing process. The Committee asks the Government to provide copies of all the minimum wage orders currently in force. The Committee also asks the Government to indicate how it is ensured in the minimum wage fixing process that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value.

3. Objective job evaluation. The Committee notes that a comprehensive public sector job reclassification exercise was completed in 2004 and that the Ministry of the Public Service was working on the implementation of some of the recommendations made in this context. The Committee asks the Government to indicate the outcome of the reclassification exercise, including information on how the principle of the Convention was taken into account, and on the recommendations implemented by the Government. The Committee also asks the Government to indicate whether any measures have been taken to promote the use of objective job evaluation methods in the private sector.

4. Enforcement. The Committee notes that no violations of the principle of equal remuneration for work of equal value have been found in the course of labour inspection, nor have any complaints been brought. The Government is asked to continue to provide information on the activities of the competent authorities monitoring the equal remuneration legislation, including information on any cases of unequal remuneration dealt with.

5. Promotional measures. As indicated in its 2006 general observation, difficulties in applying the principle of the Convention in law and in practice often result from a lack of understanding of the scope and implications of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government, in cooperation with workers’ and employers’ organizations, to promote training and awareness raising of the Convention’s principle among public officials, workers and employers and other relevant target groups, and to indicate any steps taken in this regard. The Committee reiterates its request for information on any measures taken by the Department of Women’s Affairs and the National Council of Women to promote equal remuneration for men and women for work of equal value.

6. Statistical information. While noting the information provided by the Government concerning the distribution of men and women occupying posts as permanent secretaries within the public service and heads of departments of Government, the Committee notes that the Government has not yet provided statistical information on the earnings of men and women. The Committee asks the Government to provide such information in its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds “national extraction” and “social origin”, as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether “place of origin” is to be understood as corresponding to “national extraction” in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of “national extraction” and “social origin”, in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination, and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Basic principle of equal value. The Committee notes that section 2(1) of the Equal Pay Act, 1994, defines remuneration in a broad sense, which is in accordance with the definition contained in Article 1(a) of the Convention. However, section 3(1) of the Equal Pay Act, 1994, guarantees “equal pay for equal work”, which is not in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of “equal remuneration for men and women workers for work of equal value”. Noting that the definition of “equal work” in section 2 of the Act is defined in such a way that it reflects to some extent the concept of equal value, though in a very restricted way, the Committee asks the Government to provide information in its next report on the practical application of section 3(1). It also asks whether the Government has contemplated amending the wording of “equal work” to “work of equal value” in order to ensure full legislative conformity with the Convention, in accordance with Article 1(b) of the Convention.

2. Article 2. Fixing of wages. The Committee notes minimum wages are set by wage orders to industrial workers, shop assistants, domestic workers, agricultural workers and port workers. It also notes that proposals are currently being drawn up for fixing minimum wage rates for hotel workers, security personnel and workers in offices of professionals. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of regulatory requirements and guidance in providing a framework of equality when wages are set by collective agreements. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to establish minimum wages for the sectors mentioned above, or for other sectors. It also requests the Government to communicate the schedule applicable to the sugar industry. It also asks the Government to provide information on the manner in which wage councils ensure the application of the Convention.

3. Article 3. Job appraisals. The Committee notes the Government’s statement that job appraisals are carried out for public servants, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been applied in the public sector. Please also provide information on any job appraisals that may have been undertaken in the private sector. The Committee also asks the Government to provide with its next report detailed information with respect to job classifications and/or pay rates for the public sector.

4. Article 4. The Committee asks the Government to provide information with its next report on consultations held with the social partners leading up to the adoption of such measures ensuring equal remuneration for men and women workers for work of equal value.

5. Part IV of the report form. Record keeping. The Committee notes the Government’s statement that employers are obliged to keep records of remuneration, and that labour inspections are carried out to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to provide detailed information with its next report on the activities carried out and methods used by the labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information with its next report on the procedures available for lodging complaints in both the private and public sectors, and the outcome of any complaints that have been made relating to the principle of equal remuneration.

6. The Committee notes the statement that the Labour Department administers the legislation ensuring the application of equal remuneration and asks the Government to provide detailed information in its next report on activities carried out by this Department. It also asks the Government to provide information in its next report on the activities carried out by the Department of Women’s Affairs and the National Council of Women, including copies of reports, publications, etc., disseminating the principle of this Convention.

7. Part V of the report form. Statistical information. The Committee notes the Government’s statement that no statistical information has been collected to ensure the application of the Convention. The Committee wishes to draw the Government’s attention to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. The Committee also notes the Government’s statement that more women than men are employed in top positions in the public sector and asks the Government to provide information with its next report on the number of women and men employed in the public sector by grade or rank.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds “national extraction” and “social origin”, as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether “place of origin” is to be understood as corresponding to “national extraction” in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of “national extraction” and “social origin”, in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination, and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s first report, including copies of the legislation attached.

1. Article 1 of the Convention. Basic principle of equal value. The Committee notes that section 2(1) of the Equal Pay Act, 1994, defines remuneration in a broad sense, which is in accordance with the definition contained in Article 1(a) of the Convention. However, section 3(1) of the Equal Pay Act, 1994, guarantees "equal pay for equal work", which is not in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". Noting that the definition of "equal work" in section 2 of the Act is defined in such a way that it reflects to some extent the concept of equal value, though in a very restricted way, the Committee asks the Government to provide information in its next report on the practical application of section 3(1). It also asks whether the Government has contemplated amending the wording of "equal work" to "work of equal value" in order to ensure full legislative conformity with the Convention, in accordance with Article 1(b) of the Convention.

2. Article 2. Fixing of wages. The Committee notes minimum wages are set by wage orders to industrial workers, shop assistants, domestic workers, agricultural workers and port workers. It also notes that proposals are currently being drawn up for fixing minimum wage rates for hotel workers, security personnel and workers in offices of professionals. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of regulatory requirements and guidance in providing a framework of equality when wages are set by collective agreements. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to establish minimum wages for the sectors mentioned above, or for other sectors. It also requests the Government to communicate the schedule applicable to the sugar industry. It also asks the Government to provide information on the manner in which wage councils ensure the application of the Convention.

3. Article 3. Job appraisals. The Committee notes the Government’s statement that job appraisals are carried out for public servants, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been applied in the public sector. Please also provide information on any job appraisals that may have been undertaken in the private sector. The Committee also asks the Government to provide with its next report detailed information with respect to job classifications and/or pay rates for the public sector.

4. Article 4. The Committee asks the Government to provide information with its next report on consultations held with the social partners leading up to the adoption of such measures ensuring equal remuneration for men and women workers for work of equal value.

5. Part IV of the report form. Record keeping. The Committee notes the Government’s statement that employers are obliged to keep records of remuneration, and that labour inspections are carried out to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to provide detailed information with its next report on the activities carried out and methods used by the labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information with its next report on the procedures available for lodging complaints in both the private and public sectors, and the outcome of any complaints that have been made relating to the principle of equal remuneration.

6. The Committee notes the statement that the Labour Department administers the legislation ensuring the application of equal remuneration and asks the Government to provide detailed information in its next report on activities carried out by this Department. It also asks the Government to provide information in its next report on the activities carried out by the Department of Women’s Affairs and the National Council of Women, including copies of reports, publications, etc., disseminating the principle of this Convention.

7. Part V of the report form. Statistical information. The Committee notes the Government’s statement that no statistical information has been collected to ensure the application of the Convention. The Committee wishes to draw the Government’s attention to its 1998 general observation (which is attached for easy reference), in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. The Committee also notes the Government’s statement that more women than men are employed in top positions in the public sector and asks the Government to provide information with its next report on the number of women and men employed in the public sector by grade or rank.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s first report.

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 13(3) of the Constitution Order, 1979, contains a general prohibition of discrimination based on the following grounds: sex, race, place of origin, political opinions, colour or creed. However, it notes that the grounds "national extraction" and "social origin", as set out in Article 1(1)(a) of the Convention, are not explicitly included in the Constitution Order. It requests the Government to clarify whether "place of origin" is to be understood as corresponding to "national extraction" in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information with its next report on the measures taken or envisaged to prohibit discrimination on grounds of "national extraction" and "social origin", in accordance with the Convention.

2. Application of the principle of non-discrimination to non-nationals. The Committee notes that, under article 13(4)(b) of the Constitution Order, the general prohibition of discrimination is not applicable to non-citizens. The Committee wishes to recall in this respect that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. It therefore requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the prohibition of discrimination in employment and occupation applies to all workers, irrespective of nationality.

3. Legislative prohibition against discrimination. The Committee notes that the Government has not adopted any specific legislation prohibiting discrimination in employment and occupation. However, it notes that as a Member of the Caribbean Community (CARICOM), Saint Vincent and the Grenadines should integrate into national law its Model Laws on Equal Opportunity and Treatment in Employment and Occupation. The Committee therefore requests the Government to provide information with its next report on measures taken or envisaged with a view to enact such legislation.

4. Sexual harassment. Further to its 2002 general observation the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

5. Article 2. Lack of a national policy. The Committee notes the Government’s statement that it has not adopted a national policy to promote equal opportunities in employment and occupation. In this respect, the Committee must emphasize the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment in accordance with national conditions. Not only is it one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore requests the Government to provide information with its next report on the measures taken to adopt a national policy to promote equal opportunities in employment and occupation.

6. Article 3(a). Cooperation. The Committee notes that the Government omitted to provide information with respect to cooperation with the social partners and other agencies in order to promote the principle of equal opportunities in employment and occupation. The Committee requests the Government to provide information with its next report on the cooperation undertaken or envisaged with the social partners and other agencies, such as the Department of Women’s Affairs and the National Council of Women, to promote equal opportunities in employment and occupation.

7. Article 3(d). Public sector. The Committee notes the Government’s statement that the Chief Personnel Officer ensures equal opportunities in employment and occupation for men and women workers in the public sector. It requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

8. Article 3(e). Vocational training. The Committee notes the Government’s statement that the Ministry of Education is in the process of formulating a national policy and programme on equal treatment between men and women in the field of vocational training. It requests the Government to provide a copy of the policy when it has been adopted. The Committee also requests the Government to provide information with its next report on measures taken or envisaged to ensure the equal treatment of men and women by placement services under the direction of the national authority.

9. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee notes the Government’s statement that it has not adopted specific legislation with respect to workers suspected of, or engaged in, activities prejudicial to the security of the State. It requests the Government to provide information with its next report on how workers suspected of, or engaged in, activities prejudicial to the security of the State are afforded appellate recourse in accordance with the Convention.

10. Parts III and IV of the report form. Authority responsible for applying the Convention and court cases. The Committee notes from the Government’s report provided under Convention No. 100 that the Labour Department is responsible for administering relevant legislation and regulations. It notes from the Government’s report under Convention No. 81 that the labour inspectorate ensures the application of the Convention and that a report on its activities is published. The Committee requests the Government to provide information with its next report on concrete measures taken by the Labour Department and the activities carried out by the labour inspectorate to ensure the application of the Convention, including extracts of reports of the labour inspectorate concerning equal opportunities in employment and occupation and decisions handed down by the courts in this respect.

11. Part V of the report form. General appreciation of the manner in which the Convention is applied. The Committee notes that the Government did not provide a general appreciation of the manner in which the Convention is applied. In this respect, it notes the concern expressed by CERD (CERD/C/63/CO/10, 10 December 2003) that persons of Caribbean ancestry tend to be viewed as the base of the social pyramid and experience discrimination and by CEDAW (CEDAW/C/1997/L.1/Add.4, 22 January 1997) concerning pervasive traditional, stereotyped roles and attitudes towards women and girls and the low participation of women in political parties and as candidates for election. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including statistical data disaggregated by sex, indicating the labour market and employment situation of men and women in the different sectors and at the different levels of responsibility. In this regard the Government might consider providing copies of the reports submitted under the follow-up to the 1995 Beijing Platform of Action and the Copenhagen Social Summit.