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

Saint Kitts and Nevis

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 2000)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2000)

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.