Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saint Kitts and Nevis (Ratification: 2000)

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)(a), 2 and 3(b). Prohibited grounds of discrimination. Sex. Sexual harassment. The Committee notes the absence of provisions for the private sector defining and prohibiting sexual harassment in the workplace and providing for penalties and remedies. It recalls that sexual harassment constitutes a serious manifestation of sex-based discrimination and is to be addressed within the context of the Convention (see the 2012 General Survey on the fundamental Conventions, paras 789–794). In this regard, it takes note of the concerns expressed by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) as well as the World Bank’s recommendation to the Government to formally prohibit discrimination in employment based on gender, enact legislation protecting women from sexual harassment in employment, and adopt criminal or civil penalties for sexual harassment in employment (CEDAW/C/KNA/CO/5-9/Rev.1, 4 January 2023, para. 30; and Women, Business and the Law 2024 snapshot). The Committee further observes that, in November 2020, in the context of the Universal Periodic Review (UPR) conducted under the auspice of the UN Human Rights Council, the Government stated its commitment to amending the Protection of Employment Act (1986) to prohibit sexual harassment within the workplace (A/HRC/WG.6/37/KNA/1, 9 November 2020, para. 31). The Committee notes in this respect that the National Gender Equality Action Plan 2022–27 (Policy Domain 4) provides for establishing a committee to review legislation on issues such as sexual harassment, with a view to updating the legal framework. Finally, it notes with interest that, according to the Government’s report to the CEDAW, relevant provisions in the Public Service Act make sexual harassment in the workplace a punishable offence, and that the Saint Kitts and Nevis Defence Force is currently developing a Sexual Harassment and Inappropriate Behaviour Policy (CEDAW/C/KNA/RQ/5-9, 5 October 2022, paras 71 and 74). The Committee urges the Government to consider incorporating into the labour legislation a clear definition and prohibition of sexual harassment in employment and occupation, encompassing both quid pro quo and hostile work environment harassment, along with preventive measures, sanctions and remedies. It further requests the Government to provide in the meantime information on: (i) any practical measures taken or envisaged to prevent and address sexual harassment of both women and men workers, such as awareness-raising campaigns, research, or targeted training for employers, workers, labour inspectors or magistrates; and (ii) the status of the Sexual Harassment and Inappropriate Behaviour Policy being developed by the Saint Kitts and Nevis Defence Force, and whether similar policies or initiatives exist or are envisaged across other public institutions and in the private sector as a whole.

Articles 1 to 3. National policy for equality of opportunity and treatment. HIV and AIDS. The Committee notes the Government’s indication, in its report, that no review of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases, 2011 has taken place (contrary to what was foreseen in section 12 of the Policy), but that this revision will be undertaken within the ongoing exercise of amending the labour legislation. In this regard, it wishes to draw its attention to the HIV and AIDS Recommendation, 2010 (No.200). The Committee requests the Government to provide an indication of the timeline for the planned review of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases, and of the proposed changes to the broader labour law. Additionally, it requests the Government to provide information on: (i) the number, nature and outcome of cases of discrimination based on real or perceived HIV/AIDS status dealt with by the labour inspectors, the courts or any other competent authorities; and (ii) any awareness-raising initiatives and training provided to workers, employers, their representative organizations, labour inspectors, and judges.

Articles 1 to 3. National policy for equality of opportunity and treatment. Equality between men and women. The Committee notes with interest the adoption of the Gender Equality Policy and Action Plan, launched in June 2022, through which the Government pledges, inter alia, to: (1) foster equality for men and women in labour force participation and access to social protection and labour rights; (2) eliminate gender-based violence and discrimination; (3) provide an enabling environment and corresponding systems for gender equality and the elimination of all forms of discrimination and gender-based violence; and (4) ensure the rights of “special groups” for gender mainstreaming, such as older persons, persons with disabilities, LGBTI persons, and migrants. It notes, however, that in its concluding observations, the CEDAW raised concerns about: (1) the low visibility of the Policy and Action Plan; (2) insufficient human, technical and financial resources allocated to the national gender machinery in Saint Kitts and the Department of Gender Affairs of Nevis to ensure the effective implementation of the Policy and Action Plan; (3) the lack of an institutionalized mechanism for coordination across all ministries and State agencies; (4) the lack of a specific mechanism to empower and ensure the meaningful participation of civil society organizations, in particular women’s rights organizations, in the review of legislation and the implementation of the gender-equality agenda; and (5) poor data quality and scarcity of gender-informed, disaggregated statistics (CEDAW/C/KNA/CO/5-9/Rev.1, para. 14). The Committee requests the Government to provide information on: (i) the measures taken under the Gender Equality Policy and Action Plan with a view to promoting equality of opportunity and treatment in employment and occupation, as well as on the results achieved to date (including outcomes of any awareness-raising, capacity-building, or gender-sensitization training/initiatives in the workplace); and (ii) the human, technical, and financial resources allocated to the national gender machinery (including the Focal Point for Gender Mainstreaming and Responsive Planning and the Department of Gender Affairs) to enable the full and effective implementation of the Policy and its Action Plan.

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

Articles 1 to 4. Gender pay gap and gender-based occupational segregation. The Committee notes with interest that the Government has taken steps to collect sex-disaggregated statistical data on the number of men and women employed and their corresponding earnings for Nevis, St. Kitts, and the Federation through the Social Security Board. Based on the figures for 2023–24 for the Federation, it notes that women average weekly earnings in certain sectors are consistently lower than those of men, despite women often holding more jobs and working more total weeks. For example, in January 2024, in the “Wholesale & Retail Trade” sector, women held 1,691 jobs and worked 7,962 weeks, receiving total wages of XCD 4,724,493 – approximately XCD 593 per week. In contrast, men held fewer jobs (1,395) and worked fewer weeks (6,765) yet received an average of XCD 738 per week. A similar pattern is observed in “Manufacturing” and “Other Community, Social & Personal Services”, where women also work more total weeks but earn less per week than men. These trends hold true across both 2023 and 2024. The Committee observes that this may reflect occupational segregation or undervaluation of women’s roles, and recalls that wage inequalities often arise due to the occupational segregation of men and women into certain sectors and occupations (see 2012 General Survey on the fundamental Conventions, para. 713). In addition, the Committee notes that the CEDAW recommended intensifying efforts to address the gender pay gap by regularly reviewing wages in sectors where women are concentrated and by adopting measures to close that gap, including gender-neutral job classification and evaluation methods, and regular pay surveys (CEDAW/C/KNA/CO/5-9/Rev.1, para. 31(b)). In that regard, the Committee recalls that 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 regard to its comments above on Convention No. 111.

Articles 1 to 3. Application of the principle of equal remuneration. Objective job evaluation methods. The Committee notes the Government’s indication that the Human Resource Management Department (HRMD) envisions, as part of a strategic human resource development plan, a performance management system which is already in place in some private sector industries. The Government emphasizes that these measures will foster a fair and transparent performance evaluation framework and reduce the risk of gender bias in remuneration practices. In this regard, the Committee wishes to underline that there is a significant difference between evaluating professional performance, which examines how a particular worker performs a job (the output), and objective job evaluation, which assesses the job itself (and not the worker) with a view to measuring the relative value of jobs with different content. The Committee also recalls that, under Article 3 of the Convention, appropriate methods must be used to evaluate jobs objectively. As women are very often engaged in different jobs than men, 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 demonstrates that so-called “female” skills – such as manual dexterity and those involved in caregiving – are frequently undervalued or overlooked compared to traditionally “male” abilities such as heavy lifting, which contributes to perpetuating the undervaluation of women’s jobs and the widening of the pay gap between men and women (see 2012 General Survey on the fundamental Conventions, paras 695 to 701).

The Committee therefore encourages the Government to continue collecting detailed statistical information, disaggregated by sex and occupations, on the proportion of men and women employed in the different sectors and their corresponding earnings, and to use this information to identify and address any patterns of occupational segregation or gender wage gaps. It further requests the Government to provide information on: (i) the measures taken to promote women’s access to a wider range of jobs with career prospects and higher pay, both in the public and private sectors in which they are under-represented and sectors where they predominate but occupy lower-paying jobs; and (ii) any steps taken or planned to implement objective job evaluation methods in both the public and private sectors.

Conventions Nos   100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Statistics. In reply to the Committee’s request for information on the progress made in the implementation of the Labour Market Information System (LMIS) and collection of statistical data on employment and occupation, disaggregated by sex, the Government states that it has taken the Committee’s comments into account in its long-range planning for labour statistics. The Committee notes that the Government, through its Ministry of Employment and Labour, continues to strengthen data mining despite constraints in comprehensively implementing the LMIS. However, it does not provide any updated data since the ones provided in its 2013–18 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+30 national report). In that regard, the Committee notes the CEDAW’s concerns about the general lack of updated statistical data, disaggregated by sex, age, ethnicity, disability, geographic location, and socio-economic background, which are necessary for accurately assessing women’s situation, determining whether they experience discrimination, and developing informed, targeted policies (CEDAW/C/KNA/CO/5-9/Rev.1, para. 44). The Committee again requests the Government to provide information on: (i) the progress made in strengthening the implementation of the LMIS; and (ii) any updated statistical information, disaggregated by sex and occupation. The Committee recalls that the Government can avail itself of the technical assistance of the ILO with regard to the matters raised above.

Enforcement. Access to justice. The Committee notes the Government’s indication that most enforcement activities related to equality and non-discrimination in employment and occupation are handled by the Labour Inspectorate. The Committee observes that there have been no court or tribunal decisions on cases involving questions of principle relating to the application of the Conventions and that no formal complaints of pay discrimination have been brought before the Labour Commissioner. In this respect, the Committee wishes to recall that having no complaints or judicial decisions does not necessarily imply the absence of discrimination; rather, the absence or low number of discrimination cases or complaints may be due to the lack of an appropriate legal framework, the lack of awareness of rights and remedies, limited trust in existing redress channels, as well as problems of access to them, or fear of reprisals. Additionally, the absence of complaints or cases may also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, para. 870). The Committee further notes that the National Gender Equality Action Plan 2022–27 (Policy Domain 9) calls for giving effect to the institutional mechanisms necessary for the Gender Management System, including the extension of the work of the National Ombudsperson to consider gender equality matters. In light of the above, the Committee asks the Government to provide information on: (i) the number, nature and outcome of cases of discrimination based on race, colour, sex (including pay discrimination), religion, political opinion, national extraction or social origin, dealt with by labour inspectors; (ii) any complaints, grievances, or judicial decisions relating specifically to pay discrimination, with an indication of the outcome in each case; (iii) the establishment of institutional mechanisms necessary for the Gender Management System, including the extension of the work of the National Ombudsperson to consider gender equality matters; and (iv) any measures taken to increase awareness among workers, employers and their respective organizations, as well as enforcement officials, of the available procedures and remedies in cases of discrimination in employment and occupation, including pay discrimination.

Convention No. 100. Awareness-raising. Promotion of the principle of equal remuneration. The Committee notes the Government’s statement that it disseminates promotional materials on the occasion of the Equal Remuneration Day every year; and provides training to labour inspectors for detecting patterns of pay discrimination. In light of the above, the Committee asks the Government to provide concrete information on the type of: (i) promotional material disseminated to the public; and (ii) training provided to labour inspectors, including number of sessions held and of participants.

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

Articles 1, 2 and 3(b). Discrimination in employment and occupation. Legislation. The Committee notes with concern that, despite its repeated requests, there has been no change in the labour legislation to define and prohibit direct and indirect discrimination in employment and occupation on all the grounds set out in Article 1(1)(a) of the Convention and extend the scope of the protection of the legislation beyond termination. It recalls that in 2015, the Government indicated its intention to incorporate the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation into the draft Labour Code tabled before the National Tripartite Committee in 2016. One of objectives of the CARICOM Model Harmonization Act regarding Equality of Opportunity and Treatment in Employment and Occupation is to give effect to the provisions of the ILO Conventions Nos 100 and 111 and, consequently, to eliminate, as far as possible, discrimination in employment and occupation against persons on the grounds of “race, sex, religion, colour, ethnic origin, national extraction, social origin, political opinion, disability, family responsibilities, pregnancy or marital status”. In its report, the Government indicates once again that its recommendations have been forwarded to the competent authority and form part of ongoing discussions among tripartite constituents on labour law amendments. In this regard, the Committee observes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, highlighted the lack of measures or time frame to adopt a comprehensive definition of discrimination covering direct and indirect discrimination and intersecting forms of discrimination in the public and private spheres (CEDAW/C/KNA/CO/5-9/Rev.1, 4 January 2023, para. 10(a)).

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

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes with concern the Government’s repeated assurance, that it will table an amendment to reflect the core principle of the Convention during the ongoing amendment exercise of the Labour Code and the Equal Pay Act. In that respect, the Committee observes that the CEDAW expressed concerns about the persistent gender pay gap and recommended amending the Equal Pay Act to incorporate the principle of equal remuneration for men and women for work of equal value, in line with ILO standards and target 8.5 of the UN Sustainable Development Goals (CEDAW/C/KNA/CO/5-9/Rev.1, paras 30 and 31(a)). The Committee takes notes of the Government’s statement, in its report to the CEDAW, that the announced amendments, once effected, should explicitly provide for the principle of equal remuneration between men and women for work of equal value, and that this includes similar or substantially similar work as well as work differing in nature but of the same value (CEDAW/C/KNA/RQ/5-9, 5 October 2022, para. 69).

Noting that the labour legislation reform process has been under way for more than a decade, the Committee urges the Government to expedite the finalization and enactment of the new Labour Code and the Equal Pay Act. Once again, the Committee expresses the firm hope that the these amended texts will contain provisions fully reflecting the principle of equal remuneration for men and women for work of equal ‘value’ as well as defining and prohibiting: (i) direct and indirect discrimination; (ii) at least on all of the grounds set out in Article 1(1)(a) of the Convention (in particular, religion, national extraction and social origin); (iii) in all aspects of employment and occupation; and (iv) for all workers. Consequently, the Committee requests the Government to provide information on: (i) any progress made in this regard; and (ii) any proactive measures implemented in the meantime to enhance understanding of the meaning and scope of application of the principle of equal remuneration for work of equal ‘value’ and direct and indirect discrimination among workers, employers and their organizations, as well as among relevant enforcement authorities.

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

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

Article 2 of the Convention. Equality between men and women.The Committee notes that, despite the launch in 2018 of a project to develop a National Gender Equality Policy and Action Plan, this document is still in draft form although consultations were held with private and public stakeholders in 2020 and 2021. The Committee notes, from the “working draft 2021” attached to the Government’s report, that two of the “policy domains” (or strategic axes) of the document are “Decent work and inclusive economic growth” and “Special groups for gender mainstreaming” which include youth, older people, persons with disabilities, LGBTIQ people, and migrants. The Committee firmly hopes that the National Gender Equality Policy and Action Plan will be adopted soon and asks the Government to provide a copy once adopted.

Discrimination based on HIV status. In reply to its request for information on the results achieved through the implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011, the Committee notes the Government’s indication that six local companies (public and private) and four international corporations included HIV workplace policies as part of their workplace operational procedures. The Government however did not indicate if a review of the policy had been carried out in accordance with its section 12 (which provides that it should be reviewed at least every five years for changes and improvements which may be needed as a result of new medical developments, new policies relating to HIV and AIDS and other chronic diseases, and new legislation). The Committee asks the Government to indicate if any review of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011 has been carried out or is foreseen in the near future.

General observation of 2018. The Committee takes note of the information provided in reply to its previous comment regarding its 2018 general observation on discrimination based on race, colour and national extraction.

Enforcement and statistics. In its previous comment, the Committee urged the Government to act with a view: (1) to promoting equality in employment and occupation in the private and public sectors; (2) to providing information on the progress made towards the implementation of the Labour Market Information System (LMIS); and (3) to providing the results of the latest Labour Force Survey and statistical data on employment and occupation, disaggregated by sex. The Committee notes the statistical information provided by the Government in its 2019 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report, Appendix 5), as well as in the report submitted in February 2020 to the United Nations Committee on the elimination of all forms of discrimination against women (CEDAW) (CEDAW/C/KNA/5-9, 27 July 2020, page 28). This data shows gendered employment patterns in employment sectors, with male-dominated sectors such as fishing (100 per cent male), construction (88 per cent) and agriculture, hunting and forestry (78 per cent); and female-dominated sectors such as financial intermediation, health and social work, and employment in private household (around 70 per cent female for each). It also shows that there has been no change in these patterns between 2010 and 2017. The Committee also notes the indication, in the 2021 draft National Gender Equality Policy and Action Plan that women tend to be employed in the lowest paid occupations; have lower labour force participation rates than men and higher unemployment rates, with many women working part-time (less than 35 hours per week). The Committee notes the repeated assertions by the Government in its report, as well as in several reports to other international monitoring mechanisms (Beijing+25, CEDAW), that data collection presents serious challenges as statistics are not always available or not available in the required format (i.e. disaggregated by sex). In that respect, it takes note of the Memorandum of understanding signed on 5 February 2019 between the Department of Labour, the Department of Statistics (Ministry of Sustainable Development), the Ministry of National Security and the Social Security Board with a view to implementing the LMIS. Finally, the Committee notes the Government’s commitment to taking vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and to providing information on the activities carried out in the next reporting cycle. The Committeeasks the Government to provide information on the progress made in the implementation of the LMIS and statistical data on employment and occupation, disaggregated by sex. It furtherurges the Government to report on the specific activities carried out to promote equality in employment and occupation in the private and public sectors.

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

Legislative developments. Noting with regret that the Government has been providing the Committee with the same information for more than a decade now, the Committee firmly hopes that the new Labour Code will be enacted in the near future and that it will contain comprehensive provisions prohibiting:

• (i)direct and indirect discrimination,
• (ii)at least on all of the grounds set out in Article 1(1)(a) of the Convention,
• (iii)in all aspects of employment and occupation, and
• (iv)for all workers.

It also asks the Government to provide information on any additional grounds of discrimination as foreseen under Article 1(1)(b).

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

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

Legislative developments. In its previous comment, the Committee noted the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation had been incorporated into the draft Labour Code. It was anticipated that the Labour Code would be adopted in the first half of 2016. The Committee expressed the hope that the new Labour Code would be in line with Article 1(1)(a) of the Convention; and asked the Government to provide information on the possible inclusion of additional grounds of discrimination as foreseen under Article 1(1)(b), including discrimination based on real or perceived HIV/AIDS status. The Committee notes the information provided in the Government’s report that the new Labour Code has still not been adopted but that the Government will take the necessary steps to ensure that it contains comprehensive provisions prohibiting direct and indirect discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee notes the Government’s statement that its request will be forwarded to the competent authority and the National Tripartite Committee for the inclusion of additional grounds of discrimination into the Labour Code, including discrimination based on real or perceived HIV/AIDS status. The Committee firmly hopes that the new Labour Code, containing comprehensive provisions prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation and for all workers, will be adopted soon and will contain comprehensive provisions implementing all aspects of Article 1(1)(a) of the Convention. It also asks the Government to provide information on any additional grounds of discrimination as foreseen under Article 1(1)(b).

Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes the information provided by the Government on the measures taken to promote the implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011. It notes that health education sessions and education on the policy were organized in five major business establishments which responded positively to the Government’s call to endorse the policy and adapt it in their workplace. The Committee notes that, according to section 12 of the policy, it should be reviewed by the Ministry of Labour, in collaboration with its Core Committee on Workplace Policy, every five years or sooner as deemed necessary for changes and improvements which may be needed as a result of new medical developments, new policies relating to HIV and AIDS and other Chronic Diseases, and new legislation. The Committee asks the Government to provide information on results achieved through the measures taken to promote the effective implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011 and to indicate if any review of the policy has been carried out in accordance with its section 12.

Article 2. Equality between men and women. In its previous comment, the Committee asked the Government to continue to provide information on the progress achieved in adopting the gender policy and to provide more information on the training activities offered by the Ministry of Gender Affairs and the Women’s Training Centre and on any other measures promoting women’s equal opportunities, including with regard to access to vocational training and education. The Committee notes that, on 29 November 2018, the Ministry of Community Development, Gender Affairs and Social Services launched a project in cooperation with the United Nations Education, Science and Culture Organization (UNESCO) to develop a National Gender Equality Policy and Action Plan. Completion of the project is foreseen for the end of 2019 when it will be forwarded to Cabinet and Parliament for enactment. The Committee also notes that the Government indicates that rates of completion of primary and secondary education levels are higher for girls than for boys whereas it is the reverse at the university level; and that the White Paper on Education Development and Policy 2009–19 acknowledges that there are gender issues in training and that many people consider that there should be separate training courses for men and women. However, the related strategic plan does not state specific objectives, strategies or activities. The Government adds that there is a consensus that a transformation of technical and vocational education and training (TVET) is critical: a TVET policy review, which is expected to address gender equality as a fundamental issue, is being carried out through the Ministry of Education as well as an initiative with a view to redesign, strengthen and expand TVET programmes and facilities. The Committee asks the Government to provide information on the outcome of the project to develop a National Gender Equality Policy and Action Plan and to provide a copy of these documents once adopted. It also asks the Government to provide information on the activities organized by the Ministry in charge of Gender Affairs, the Women’s Training Centre or any other institution in order to promote gender equality.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Practical application and statistics. In its previous comment, noting, on the one hand, the Government’s acknowledgment that not much had been done to promote employers’ and workers’ awareness regarding equality in the workplace but that such training and awareness raising was envisaged in the future and, on the other hand, that the Labour Market Information System (LMIS) installed in 2012 was not yet operational and that statistical data regarding employment and occupation was still not available, the Committee urged the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors. The Committee requested information on the specific training and awareness-raising activities carried out and on how the Labour Market Action Plan addressed the principle of equality of opportunity and treatment in employment and occupation. It expressed the hope that the LMIS would soon be operational and that the Government would be in a position to provide the results of the 2014 Labour Force Survey and relevant statistical data on employment and occupation, disaggregated by sex. The Committee notes that the LMIS, which is a regional project administered by the Caribbean Single Market and Economy regime of CARICOM, has encountered some technical difficulties. In its report, the Government indicates that the LMIS is still in developmental stage. It does not provide any information on the results of the 2014 Labour Force Survey. The Committee also notes that, on 5 February 2019, the Department of Labour signed a memorandum of understanding with the Department of Statistics (Ministry of Sustainable Development), the Ministry of National Security and the Social Security Board with a view to the implementation of the LMIS. The Committee firmly urges the Government to take vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and to provide information on the activities carried out. It also asks the Government to provide information on the progress made towards the implementation of the LMIS and to provide the results of the latest Labour Force Survey and statistical data on employment and occupation, disaggregated by sex.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Legislative developments. The Committee notes the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation has been incorporated in the draft Labour Code, which has been tabled before the National Tripartite Committee, and was anticipated to be adopted in the first half of 2016. The Committee hopes that the Government will take all necessary measures to ensure that the new Labour Code will contain comprehensive provisions prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes with interest the National Policy on HIV/AIDS and Other Chronic Diseases 2011, which was developed in cooperation with the social partners. The Policy defines discrimination in accordance with the Convention, aims to provide guidance for the workplace with respect to people living with HIV and AIDS, and to ensure equal treatment in dealing with all workers, including job applicants living with HIV and AIDS. The Policy has a broad scope of application in terms of workers and economic sectors covered. The Policy includes guiding principles on recognition of HIV and AIDS, non-discrimination, gender dimensions, safety and health, social dialogue, screening for purposes of employment, prevention, reasonable accommodation, counselling, responsibility of employees, and protection from victimisation, as well as on disciplinary procedures and grievance resolution. The Policy makes specific reference to the HIV and AIDS Recommendation, 2010 (No. 200). The Committee requests the Government to provide information on the measures taken to actively promote the effective implementation of the National Policy on HIV/AIDS and Other Chronic Diseases 2011, and on the results achieved.

Article 2. Equality between men and women. The Committee notes the Government’s indication that the Ministry of Gender Affairs is procuring funding to complete the work on developing a gender policy, and that it conducts a number of training programmes to assist the public and private sectors in mainstreaming gender in the workplace. It also notes that training activities are offered to women by the Women’s Training Centre, and that a male officer in the Ministry of Gender Affairs conducts training programmes with men in the construction industry aimed at addressing their concerns, and upgrading their education and skills. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by Ministry of Gender Affairs for both men and women, and the Women’s Training Centre (women’s empowerment programme), particularly on the number of men and women that participated in such training, and the outcomes. Please also provide information on any other measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

Other measures to apply the Convention. The Committee once again notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, such training and awareness raising is envisaged in the future. The Committee further notes that statistical data regarding employment and occupation are still not available, and that, according to the Government, the Labour Market Information System (LMIS) which was installed in 2012 is not yet operational. The Government further indicates that the data from the 2014 Labour Force Survey are still being analysed. The Committee urges the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation. The Committee hopes that the LMIS will soon be operational and that the Government will be in a position to provide the results of the 2014 Labour Force Survey and relevant statistical data on employment and occupation, disaggregated by sex.

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 the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS.

Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

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

Legislative developments. The Committee notes the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place in 2011. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities foreseen for 2011. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS.

Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

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

Legislation. The Committee notes that the provision on the protection of non-discrimination contained in section 15 of the Constitution covers discrimination based on race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex and creed. Section 15(1) provides that, subject to certain exceptions, no law shall make any provision that is discriminatory either by itself or in its effect. Section 15(2) prohibits discriminatory treatment “by any person acting by virtue of any written law or in performance of the functions of any public office or any public authority”. The Committee further notes that section 11(d) of the Protection of Employment Act prohibits the termination of a contract of employment on the grounds of race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex or creed, marital status or family responsibilities.

The Committee notes that section 15 of the Constitution does not cover all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention and that it does not appear to provide protection from discrimination that occurs with regard to private employment, while the Protection of Employment Act only addresses discrimination in respect of termination rather than all aspects of employment and occupation. The Committee therefore welcomes the Government’s intention to discuss the CARICOM Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the National Tripartite Committee, with a view to its submission and adoption by the National Assembly. Trusting the Government will take all measures necessary to adopt comprehensive legislation giving effect to the Convention, the Committee requests the Government to provide information on the measures taken and the progress made in this regard.

Other measures to apply the Convention. The Committee recalls that, while equal treatment legislation is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation in accordance with the Convention, such a policy should also include practical and promotional measures to ensure that the principle of equal opportunity and treatment in employment and occupation is observed in practice. The Committee therefore requests the Government to provide information on any practical measures taken or envisaged to promote equality, such as awareness raising or training on equality at work, publications, studies or surveys on discrimination, etc. The Committee also asks the Government to provide statistical data regarding employment and occupation, including vocational training, disaggregated by sex, race, ethnicity and religion, as soon as possible.

With regard to gender equality, the Committee notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Ministry of Gender Affairs promotes gender workplace policies. The Committee asks the Government to provide further information on the specific activities of the Ministry of Gender Affairs to promote equality of men and women in employment and occupation, as well as examples of workplace policies. It also requests the Government to provide an overview of the situation of women in both private and public employment and any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to training and education.

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. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II–V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

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. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II–V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

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. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II to V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

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

The Committee takes note of the first report of the Government of Saint Kitts and Nevis.

1. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II to V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.