Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guyana (Ratification: 1975)

Article 1(1)(a) of the Convention. Multiple discrimination, including discrimination based on race. Persons of African descent, in particular women. The Committee recalls that, considering the challenges faced in practice by persons of African descent (as mentioned by the Government itself in its national report to the Fourth World Conference on Women and Adoption of the Beijing Declaration and Platform for Action (1995)) – in particular women and girls – with respect to access to and advancement in education, and employment and occupation, it urged the Government to take concrete steps to ensure that they enjoy the protection of the Convention effectively. In its report, the Government indicates that, in addition to the legal framework in force and the enforcement mechanisms in place, over the period under review it conducted awareness-raising programmes for the police force on “gender, sexuality and human rights” and “stigma and discrimination”, and the Caribbean Vulnerable Communities (CVC) hosted a workshop to help reduce stigma and discrimination against members of key population groups when accessing health services. As regards complaints, the Committee recalls that the Constitution provides for: (1) four rights commissions: the Ethnic Relations Commission, the Women and Gender Equality Commission, the Commission on the Rights of the Child and the Indigenous Peoples Commission; (2) three service commissions (Judicial, Public and Police Service); (3) the Public Service Appellate Tribunal; and (4) the Ombudsman. They all receive complaints, investigate and can offer redress based on evidence provided. In that regard, the Committee notes that the Government pointed out a single judicial case related to discrimination. The Committee wishes to point out that: (1) for the purpose of achieving the objectives of the Convention, it is essential to acknowledge that no society is free from discrimination, continuous action is required to address it, and discrimination in employment and occupation is both universal and constantly evolving; (2) where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of the remedies available, lack of confidence in or absence of practical access to procedures, lack of will by the authorities responsible for prosecution, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey on the fundamental Conventions, paragraphs 322, 870–871); and (3) monitoring and enforcement of equality and anti-discrimination laws and policies is an important aspect in determining if there is effective implementation of the Convention. Consequently,the Committee urges the Government to take steps: (i) to carry out awareness-raising activities for workers and employers and their organizations, labour inspectors, judges and the general public, in order to combat the multiple forms of discrimination in employment and occupation faced by persons of African descent, in particular women and girls; (ii) to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and to secure compliance with the provisions of the applicable labour law; (iii) to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice; (iv) to ensure that vulnerable groups and victims of discrimination based on race, colour, national extraction or social origin, in particular women of African descent, have access to legal assistance; (v) to promote the development of workplace policies or race relations awareness training sessions to prevent racial and ethnic harassment; and (vi) to provide information on any court or administrative decisions regarding discrimination based on race, colour, national extraction, social origin and gender.

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