Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

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

Article 1(1) of the Convention. Protection of workers against discrimination. Legislation. The Committee recalls that: (1) the Labour Relations and Industrial Disputes (LRID) Act 1975 contains a very general prohibition of discrimination in employment and occupation; and (2) although the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 recognizes the right to freedom from discrimination on the seven grounds set out in Article 1(1)(a) of the Convention, constitutional provisions addressing non-discrimination have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. The Committee notes with regret that, in its report, the Government does not provide information on the application of article 13(3)(g)–(i) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 nor on section 4(2)(b) of the LRID Act as requested previously. It also notes that the Occupational Safety and Health Bill 2021 and the definition of “discrimination” contained in its section 4(1) are yet to be adopted. The Committee wishes to point out again that clear and comprehensive definitions of what constitutes discrimination in “employment and occupation” are instrumental in identifying and addressing the many manifestations of discrimination that may occur. In addition, the elimination of direct discrimination is essential, but not sufficient, to ensure substantive equality, and it is especially important for there to be a clear framework for addressing indirect discrimination, in view of its subtle and less visible nature. It is thus imperative to identify indirect discrimination in order to address situations in which certain treatment is extended equally to everybody, but leads to discriminatory results for one particular group protected by the Convention, such as women, ethnic and religious groups, or persons of a certain social origin (see General Survey of 2012 on fundamental Conventions, paragraph 746). The Committee takes note of the indication of the Government that it implemented 43 awareness-raising activities on workers’ rights between January 2019 and June 2023. However, there is no information on which of these activities were targeted at raising awareness on principles of the Convention, including complaint mechanisms, sanctions and remedies for cases of discrimination in employment and occupation. The Committee notes that in its 2023 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW) highlighted the lack of inclusion of direct and indirect discrimination in the definition of discrimination. (CEDAW/C/JAM/CO/8, 15 November 2023, paragraph 10). Consequently, the Committee reiterates its request to the Government to consider the need for specific legislative provisions: (i) defining and prohibiting direct and indirect discrimination based on at least all the grounds listed in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and not only in the field of occupational safety and health; and (ii) providing for complaint mechanisms, sanctions and remedies. The Government is asked to provide information on any measures taken in this regard and on the progress made in the adoption and enactment of the Occupational Safety and Health Bill 2021. In the meantime, the Committee asks the Government to provide information on the application in practice of article 13(3)(g)–(i) of the Charter and section 4(2)(b) of the LRID Act regarding employment and occupation through judicial decisions, policymaking and awareness raising.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes with interest the adoption of the Sexual Harassment (Protection and Prevention) Act 2021, which includes the two elements of sexual harassment, i.e. quid pro quo and hostile work environment sexual harassment. It also welcomes the broad personal scope of the Act, since, according to section 2, a “worker” means a person who carries out work in any capacity for an employer, including work as an employee, whether in the private or public sector; a domestic worker; a person engaged under a contract for services, or a subcontractor of that person, or an employee of that person or subcontractor; a person whose service is procured or arranged by a company which is in the business of supplying workers for other businesses, and who has been assigned to work in the business or undertaking; an apprentice, a trainee or an intern; a student gaining work experience; a volunteer; etc. The Committee notes with interest that section 13 of the Act establishes a Sexual Harassment Tribunal that hears and determines complaints, as well as the establishment in 2022 of the Sexual Harassment Investigative Unit within the Bureau of Gender Affairs (BGA). It notes the information provided by the Government that the BGA undertook 174 training and awareness-raising sessions on sexual harassment between April 2021 and September 2022 and has supported 13 public and private organizations toward developing and implementing policies concerning sexual harassment at the workplace. In that regard, the Committee notes that in its 2023 concluding observations, CEDAW still highlights a high prevalence of gender-based violence against women (see CEDAW/C/JAM/CO/8, 15 November 2023, paragraph 22 (a)). The Committee asks the Government to keep it informed of the activities undertaken and results achieved following the adoption of the Sexual Harassment (Protection and Prevention) Act 2021, and eventually the obstacles encountered in implementing the Act. It also asks the Government to provide information on the functioning of the Sexual Harassment Investigative Unit of the BGA and the Sexual Harassment Tribunal.

Sexual orientation and gender identity. Regarding the steps taken or envisaged to address discrimination related to sexual orientation and gender identity in the context of employment and occupation, the Government stresses that: (1) under the Charter, all Jamaicans have “the right to equality before the law” (section 13.3(g)) and “the right to equitable and humane treatment by any public authority in the exercise of any function” (section 13.3(h)); (2) the Sexual Harassment (Protection and Prevention) Act 2021 prohibits workplace sexual harassment and the LRID Act (including the Labour Relations Code and the LRID Regulations 1975) provide for non-discrimination in employment policies based on “age, sex or other personal factors except where relevant to the job” (Part III, section 9 (vi) of the Labour Relations Code 1976). In that regard, the Committee also recalls that while the adoption of a legislative framework is key for the implementation of the Convention, it remains limited in reach. In order to achieve effective equality in practice, the legal framework also needs to be developed and implemented, in consultation with workers’ and employers’ organizations, by adopting awareness-raising and affirmative action measures that are regularly reviewed. In that regard, the Committee notes that the United Nations Development Programme (UNDP) March 2023 National Survey for Lesbian, Gay, Bisexual, and Transgender Persons in Jamaica (‘Being LGBT in Jamaica’) indicates that lesbian, gay, bisexual and transgender (LGBT) persons in Jamaica face heightened discrimination at work and obstacles to employment and economic opportunities. The report further highlights that the unemployment rate in the LGBT community at 16 per cent is two times higher than the post-pandemic average of 7 per cent (see page 40). The Committee also notes that same-sex relations continue to be prohibited under the Offences Against the Person Act (1864) (CEDAW/C/JAM/CO/8, 15 November 2023, paragraph 23(d)).The Committee asks the Government to provide information on cases brought to the Jamaican Anti-Discrimination System (JAD), which is the mechanism that reviews prospective cases of gender-based violence and HIV-related discrimination and refers them to the appropriate entities for assessment and redress, where applicable.

Article 1(1)(b). HIV status. The Committee notes that the Government has indicated that the Occupational Safety and Health Bill 2017 underwent a redraft in 2021 but has not yet been adopted. The Government reports that a situation analysis will be used to update the 2012 National Workplace Policy on HIV and AIDS. The Committee also notes the awareness-raising and training activities reported to have been undertaken by the Government to reduce workplace stigma and discrimination based on real or perceived HIV status, as well as its indication that, through the Voluntary Compliance Programme, the Ministry of Labour and Social Security has supported 400 companies to develop HIV workplace policies. The Committee asks the Government to provide information on: (i) the progress made in the adoption and enactment of the Occupational Safety and Health Bill 2021, which contains provisions addressing HIV/AIDS stigma and discrimination in the workplace based on real or perceived HIV/AIDS status; and (ii) the impact of all the activities undertaken to promote non-discrimination on the grounds of real or perceived HIV/AIDS status in employment and occupation.

Persons with disabilities. The Committee welcomes the February 2022 coming into effect of the Disabilities Act (which had been passed in Parliament in October 2014, and the applicable Regulations were later affirmed in both Houses of Parliament in October 2021), and the establishment of the Jamaica Council for Persons with Disabilities as well as the Disabilities Rights Tribunal. It also notes: (1) the information provided on training programmes for persons with disabilities, awareness-raising sessions held on matters relating to disability, and resources for persons with disabilities; and (2) that between 2022 and 2023, 52 persons with disabilities received economic empowerment grants for small businesses, and 260 persons were approved to receive educational, therapeutic or other support to facilitate their independence. In that regard, the Committee takes note of the 2022 concluding observations of the United Nations Committee on the Rights of Persons with Disabilities (CRPD), which raised its concern regarding the employment situation of persons with disabilities since, despite a national policy reserving 5 per cent of public sector jobs for persons with disabilities, only 15.3 per cent of them are engaged in gainful employment. The CRPD further noted that: (1) the measures to promote employment remain inadequate, particularly for persons with intellectual, hearing, and psychosocial disabilities, as well as persons with disabilities in rural areas. This is attributable to the delay in enacting the Disabilities Act of 2014, attitudinal barriers, and physical obstacles such as inaccessible transportation and information for job seekers; (2) the participation of persons with disabilities in job training programmes is limited due to a lack of accessibility and sign language interpretation, with the latter being exacerbated by a shortage of interpreters and high service costs; (3) the percentage of graduates with disabilities who successfully transition into the labour market remains low; and (4) there is a lack of official data or statistics regarding the employment of persons with disabilities in both the public and private sectors (CRPD/C/JAM/CO/1, 20 May 2022, paragraph 48). While welcoming the adoption of the Disabilities Act, the Committee requests information on the implementation of the Act, notably Part VI, which deals with the employment of persons with disabilities. The Committee also asks the Government to provide detailed information on: (i) the functioning of both the Jamaica Council for Persons with Disabilities and the Disabilities Rights Tribunal; (ii) any awareness-raising, training, employment promotion and policy-making activities related to the application of the Convention to persons with disabilities; and (iii) any disaggregated statistical data on the representation of persons with disabilities in training programmes and employment in the public and private sectors.

Articles 2 and 3.National equality policy. The Committee notes that the Government has communicated information only on the implementation of its policy for gender equality. In this regard, the Committee wishes to point out that the primary obligation of ratifying Member States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, in respect of all the grounds covered by the Convention, with a view to eliminating any discrimination in respect thereof. The implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. In this regard, it notes the Government statement that it has requested ILO technical assistance for the development of an effective national equality policy. The Committee therefore asks the Government once again: (i)to provide information on the steps taken towards the adoption and implementation of a national policy to promote equality in employment and occupation on the other grounds set out in the Convention, namely race, colour, religion, political opinion, national extraction and social origin; and (ii) to report on the follow-up to its formal request for technical assistance.

National policy for gender equality. The Committee notes the Government’s statement that: (1) of 312 public sector board appointments approved by the Cabinet in 2020, 41 per cent were of women; (2) women's participation in politics is on the rise, with a historic percentage of women (29 per cent in the lower house and 38 per cent in the upper house) being elected to Parliament during the 3 September 2020 general elections; and (3) the achievements recorded under the “Win-Win: Gender Equality Means Good Business” Programme, including awareness-raising campaigns; and the launch of the Jamaica Institute of Electrical and Electronic Engineering (IEEE) Women in Engineering (WIE) Affinity Group at the University of Technology (UTech) in Kingston, whose objective is promoting women engineers and scientists, and inspiring girls to follow their academic interests in careers in engineering. The Committee welcomes the 3 January 2023 amendment of section 7 of the Public Service Staff Order (circular (C11500(xii)) increasing the maternity leave allotment for female public sector workers, and introducing paternity and adoption leave. However, the Committee notes with regret that section 7.7.1(ii) restricts the maternity leave entitlement of female employees to no more than three occasions. In addition, the Committee notes that CEDAW, in its 2023 concluding observations, expressed concerns over the: (1) disproportionately high unemployment rate of women and their lower participation in the labour force, due primarily to their disproportionate burden of unpaid care work, amongst other factors; (2) limited human and financial resources of the Bureau of Gender Affairs and its dependence on external agencies, adversely impacting its capacity to implement the National Policy for Gender Equality consistently; (3) absence of gender targets and indicators to enable coordination and performance monitoring of sectoral gender policies; and (4) underrepresentation of disadvantaged groups of women, such as women with disabilities, rural women and women heads of household in political life (CEDAW/C/JAM/CO/8, 15 November 2023, paragraphs 30(a), 14 and 26). The Committee asks the Government to continue providing information, including statistical data, on the: (i) implementation of its National Policy on Gender Equality, including the “Win-Win: Gender Equality Means Good Business” Programme and the Women Empowerment Principles; (ii) activities of the Ministry of Labour, the Gender Advisory Committee and the Bureau of Gender Affairs; and (iii) results achieved for women in terms of increased employment opportunities, representation of women in decision-making positions, occupational segregation, reconciliation of work and family responsibilities, etc. The Committee asks the Government to consider modifying section 7.7.1(ii) of the Public Service Staff Order (as amended) so that the right to maternity leave protection is not limited to only three occasions.

Article 4.Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee takes note of the Government’s indication that there have still been no reported cases of termination of employment based on the security of the State, nor has there been any conviction under the Terrorism Prevention Act. The Committee takes note of this information, which addresses its previous request.

Statistics. The Committee notes, from the statistical data provided by the Government, that the participation rate of women in the labour force has declined since July 2020. According to the January 2024 Labour Force Survey findings, the labour force participation rate for men remains higher at 74.5 per cent, compared to 63.6 per cent for women. The survey also found that women comprise 61.2 per cent of 80,700 unemployed persons. The Committee asks the Government to continue providing up-to-date statistical information on the labour force, and other surveys on the participation of men and women in the labour market, if possible disaggregated by sector of the economy.