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Comments adopted by the CEACR: Saint Vincent and the Grenadines

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Horizontal and vertical occupational segregation and gender pay gap. Referring to the comments it made in 2020 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee points out that, in its 2015 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the clear horizontal segregation of the labour market and the concentration of women in low-income occupational categories; and (2) the lack of a comprehensive and integrated strategy to address ideological and structural barriers that discourage girls from participating in non-traditional academic and technical-vocational subjects (CEDAW/C/VCT/CO/4-8, 28 July 2015, paragraphs 28(c) and 30). Similarly, the Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee (CCPR) expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 14). Noting that horizontal and vertical occupational segregation contribute for a large part to the gender pay gap, the Committee requests the Government to provide information on the measures taken to: (i) combat traditional gender stereotypes and norms on sex-appropriate roles in society as well as in employment and occupation; and (ii) encourage girls and women to enrol in traditionally “male” fields of study or vocational training, and the results achieved, in terms of the number of girls and women enrolled in those fields.
Article 2(2)(b). Determination of wages. Promotional measures. The Committee notes that, as it did in its last report (2015), the Government indicates once again that it will take proactive measures on the next revision of the Wages Regulations Orders to ensure that wage councils would fix wages in a manner that promotes the principle of the Convention. The Committee notes, however, that the Government gives no indication on the measures taken since 2015 nor envisaged for the next revision. The Committee recalls that, previously it had taken note of the Government’s indication that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women would soon resume. In this regard, the Committee notes the assurance of the Government that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women is ongoing with a view to promote vigorously the principle of the Convention. It also notes the information provided by the Government on the promotional measures taken regarding minimum wages (information on the Department of Labour’s website and radio programmes) but would like to underline that, although minimum wages are an important tool to implement the principle of equal remuneration for work of equal value, they are neither equivalent nor sufficient to ensure full implementation. The Committee requests the Government to provide information regarding the latest revision of the Wages Regulations Orders and the measures taken on this occasion to ensure that wage councils do promote the principle of equal remuneration for men and women for work of equal value. The Committee also requests information on the measures taken, in collaboration with the Gender Affairs Division and the National Council of Women or otherwise, to promote a better understanding of the principle of the Convention among the social partners, public officials (including labour inspectors and judges), other legal professionals and the public in general.
Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to provide information on how it promotes the principle of equal remuneration for men and women for work of equal value and to adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector. It notes the Government’s statement that it is unable to provide the requested information without further explanation. The Committee reiterates its requests to the Government to provide information on measures taken or envisaged to ensure objective job evaluation in the public sector and promote it in the private sector. It also wishes to remind the Government that it may avail itself of the technical assistance of the Office in this regard.
Enforcement. The Committee notes the Government’s “overall satisfaction that workers in general have knowledge of the minimum wages within their respective sectors” and that the complaints and dispute resolution mechanisms are easily accessible. Once again, the Committee wishes to emphasize that the principle of the Convention is not limited to minimum wages but concerns equal remuneration for work of equal value. In addition, it recalls that the absence of complaints on pay inequalities between men and women for work of equal value does not mean that there are no such inequalities in practice but may result from a lack of knowledge among workers, as well as law enforcers, of the principle of equal remuneration for men and women workers for work of equal value as enshrined in the Convention. The Committee requests the Government: (i) to provide examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and of the dispute resolution machinery in place; (ii) to improve the capacity of labour inspectors to promote and enforce this principle, as well as to identify cases of discrimination; and (iii) to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies granted, as well as information on any judicial decisions relating to the application of the Convention.
Statistics. The Committee notes the Government’s indication, in its report, that 5,000 of the 7,000 or so civil servants are women but that the statistical data on occupations is not disaggregated by sex. Nevertheless, the Government provides sex-specific information for the top three classification levels of the public service (grades A1, A2 and A3) for the 2021 fiscal year, which shows that, out of 59 filled positions, 36 (i.e. 61 per cent) are occupied by women. For the private sector, however, this information is not available. The Committee recalls once again that, in its 2012 General Survey on the fundamental Conventions (paragraph 888), it stressed that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women and that, if such information is not yet available, Governments should supply all the information that is currently available and continue to work towards the compilation of full statistical information. In this regard, it notes that in its 2015 concluding observations, the CEDAW also called upon the Government to implement systems of collection, analysis and dissemination of data disaggregated by sex (among others) and encouraged it to develop gender-sensitive indicators that could be used in the formulation, implementation, monitoring, evaluation and, when necessary, review of gender equality policies (CEDAW/C/VCT/CO/4-8, paragraph 47). Recalling that technical assistance was provided by the ILO to the country as from 2011 to strengthen its labour market information system as a pilot project to develop labour market information systems in all the countries of the Organization of Eastern Caribbean States (OECS), the Committee requests the Government to indicate the steps taken or envisaged as a follow up to enhance the collection of statistical data on salary levels and occupations, disaggregated by sex, both in the public and the private sectors. In the meantime, it encourages the Government to continue to provide any statistical information available, especially disaggregated by sex for higher-level positions.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Co-operative Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable with imprisonment (involving an obligation to perform compulsory prison labour). It expressed the hope that the Government would take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, so as to bring these provisions into conformity with the Convention and the indicated practice.
The Committee notes with interest that the Co-operative Societies Act No. 12 of 2012 repeals the former Co-operative Societies Act. According to section 23 of the Act of 2012, the grounds for refusing, suspending or cancelling the registration of societies involve mainly the breach of any registration requirement or failure to comply with the requirements (prescribed under sections 10 to 21) of this Act, its regulations or by-laws and do not refer to “incompatibility with the peace, good order or welfare of Saint Vincent and the Grenadines”.
2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform compulsory prison labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention, such as:
  • – sections 3(1) and 17(2) of the Public Order Act for wearing in any public meeting, without the permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object.
  • – sections 15 and 17(2) of the Act for the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace.
However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that it had drawn the competent authority’s attention to formally repeal section 3(1) of the Public Order Act. It also noted the Government’s statement that section 15 of the Act was still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. The Committee requested the Government to provide information on the application of section 15 in practice, as well as the measures taken to formally repeal section 3(1) of the Public Order Act.
The Committee notes the Government’s information in its report that there has been no response form the Competent Authority to whom the matter regarding the amendment or repeal of the Public Order Act has been referred. The Government states that it will continue to pursue this matter. The Government further indicates that no matters related to section 15 had been brought before the court. Referring to paragraph 306 of the 2012 General Survey on the fundamental Conventions, the Committee once again recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to continue to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the comments the Committee made on the application of the Equal Remuneration Convention, 1951 (No. 100). In view of this, the Committee is bound to repeat its previous comment and asks the Government to reply to its requests in its next report.
Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of a National Action Plan on Gender-Based Violence in 2015, as well as the Government’s indication that it was aware of the need for legislative provisions prohibiting and eliminating sexual harassment in the workplace. The Committee welcomes the Government’s statement in its report that a draft Employment Relations (Prevention of Sexual Harassment) Act was developed in 2020, in consultation with several stakeholders, and has been sent to the competent authority for legislative approval and enactment. It notes the adoption of the Domestic Violence Act, 2015, a copy of which has been forwarded by the Government, but observes that the Act only refers to cases of violence in the private sphere and does not address sexual harassment in the workplace. As regards the National Action Plan on Gender-Based Violence, the Committee notes, from the 2018 Status Update, forwarded by the Government, that several awareness-raising activities were carried out in order to achieve the specific outcome aimed at the elimination of attitudes and social and cultural norms which generate gender-based violence, but that further activities were planned in the near future to fully implement the Plan. The Committee notes that, in its 2019 concluding observations, the United Nations (UN) Human Rights Committee expressed concerns about reports of the high prevalence of sexual violence and abuse which disproportionately affects women and is often underreported because of a lack of trust between victims and law enforcement authorities (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 18). Recalling the gravity and serious repercussions of sexual harassment which is a serious manifestation of sex discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794), the Committee hopes that the draft Employment Relations (Prevention of Sexual Harassment) Act will be adopted in the near future, and that it will define and prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile working environment). It asks the Government to provide information on any progress made in that regard. The Committee further asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment, as well as on the number of any complaints or cases of sexual harassment dealt with by the competent authorities and institutions, the penalties imposed, and compensation awarded.
Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments where it asked the Government to provide information on the measures taken to combat gender stereotypes relating to the roles and skills of men and women, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It notes that the Education Sector Development Plan (ESDP) 2014–19 identifies as one of its major objectives: equality of access and equality of education, regardless of gender, socio-economic situation and geographical location. It further notes that, according to the ESDP, the enrolment and performance of women in secondary and tertiary education is higher than for men. However, the Committee notes that, according to World Bank data, in 2020, the labour force participation of women remained significantly low at 54.4 per cent, as compared to 76.6 per cent of men. The Committee notes this information with concern. It further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, paragraph 14). The Committee asks the Government to provide information on any measures taken to address gender stereotypes and improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s access to employment, including to decision-making positions, both in the public and private sectors. In light of the lack of correlation between the high level of education attained by women and their low level of engagement in the workforce, it also asks the Government to provide information on any study or assessment made to identify the underlying causes, and to remedy this situation. Noting the Government’s statement that it is still unable to provide appropriate data and statistics but is committed to doing so in the near future, the Committee asks the Government to provide any statistical information available on the number of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Equality of opportunity and treatment irrespective of HIV status. The Committee previously noted the adoption of the National Tripartite Workplace Policy on HIV and AIDS, as well as: (1) the responsibility of the Ministry of Labour for the implementation, monitoring and assessment of the policy; and (2) the specific responsibilities assigned to both workers and employers in that regard. The Committee recalls that the policy provides that all employers must adopt comprehensive HIV and AIDS workplace programmes to prevent and prohibit HIV-related stigma and discrimination at work. It notes with regret the Government’s statement that no further steps have been taken to implement the policy. The Committee asks the Government to provide information on the reasons why the National Tripartite Workplace Policy on HIV and AIDS was not implemented, in particular on any obstacles identified, and the measures envisaged to overcome them, in collaboration with employers’ and workers’ organizations. It asks the Government to provide information on any other measures taken or envisaged in the meantime to: (i) raise awareness, in collaboration with employers, workers, and their respective organizations; and (ii) enhance the development and implementation of policies, at national or enterprise level, in order to prevent and address discrimination based on real or perceived HIV status in employment and occupation.
Public sector. The Committee previously noted that the Service Commissions Department was responsible for the recruitment, selection, appointment and promotion of civil servants, but observed that the regulations governing the recruitment and conditions of employment of public servants still did not contain provisions prohibiting discrimination. The Committee notes the Government’s statement that the regulations are yet to be amended to include provisions prohibiting all forms of discrimination and that no further action has been taken by the competent authority in this regard. The Government adds that the recruitment practice in the public sector promotes equal access to employment for both sexes, without specifically requesting men or women applicants which constitutes one of the main measures to combat gender stereotypes. Observing that the Government did not provide information concerning the policies and guidelines followed by the Service Commissions Department when it selects, appoints and promotes civil servants, the Committee notes with regret the absence of steps taken by the Government to ensure, both in law and in practice, the protection of public servants against any form of discrimination, not only on the ground of sex but also on the other grounds listed in Article 1(1)(a) of the Convention. In light of the persistent lack of legislation or a national equality policy fully implementing the provisions of the Convention, the Committee again asks the Government to provide information on the policies and guidelines followed by the Service Commissions Department in the selection, appointment and promotion of civil servants. It further asks the Government to provide information on any other measures taken, both in law and in practice, to ensure the protection of public servants against discrimination: (i) in all aspects of employment and occupation (access to employment and vocational training, and terms and conditions of employment throughout their careers); and (ii) on all the grounds listed in the Convention (namely sex, race, colour, religion, political opinion, national extraction or social origin).
Enforcement. Referring to its previous comments where it emphasized the important role of labour inspectors in combating discrimination in the workplace, the Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), the persistent shortage of labour officers (of whom five are currently labour inspectors), which is also affected by a high turnover rate during the last five years. It notes that 41 inspection visits were conducted in 2019 but that no information is provided by the Government on the nature of the violations detected or the sanctions imposed. Noting the repeated lack of information provided by the Government on the implementation of the Convention in practice, the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). In light of the persistent lack of legislation and national equality policy fully implementing the provisions of the Convention, the Committee asks the Government to: (i) take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the Convention; (ii) provide information on any activities undertaken in this regard, in particular in order to build the capacity of labour inspectors to detect cases of discrimination and unequal treatment; and (iii) provide information on the number and outcome of any cases of discrimination in employment and occupation detected by or reported to labour inspectors, the courts or any other competent authorities.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that, in its report, the Government repeats what it had stated in its previous report, the only exception being an updated table on selected positions held in the public service. This information has been taken into account in the Committee’s comments on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee is therefore bound to repeat its previous comment.
Article 1 of the Convention. Protection of workers against discrimination. Legislation. The Committee recalls that Article 13 of the Constitution Order of 1979 contains a general prohibition against discrimination on the grounds of sex, race, place of origin, political opinions, colour or creed. For a number of years, the Committee has been drawing the Government’s attention to the fact that Article 13 of the Constitution: (1) does not refer to the grounds of national extraction and social origin listed in Article 1(1)(a) of the Convention; and (2) excludes non-citizens from its scope of application, while the Convention covers both nationals and non-nationals. The Committee has further highlighted the lack of any specific legislation prohibiting discrimination in employment and occupation and has recalled that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and that a more detailed legislative framework is required (see General Survey on the fundamental Conventions, 2012, paragraph 851). Referring to its previous comments, in which it noted the Government’s intention to adopt a law similar to the Caribbean Community (CARICOM) Model Law on Equal Opportunity and Treatment in Employment and Occupation, the Committee notes with regret the Government’s statement in its report that no further action has been taken in this regard. With regard to section 27 of the Education Act (Cap 202) of 2006 which prohibits discrimination in admission to an educational institution or schools on a certain number of grounds, the Committee notes the Government’s indication that social status is similar to social origin, but that there has been no judicial decision with respect to the meaning of social status.
The Government adds that draft amendments to the Protection of Employment Act of 2003 have been made to prohibit termination of employment on the grounds of race, colour, gender, marital status, social status, sexual orientation, pregnancy, religion, political opinion or affiliation, nationality, or social or indigenous origin of the employee. Noting that such amendments are awaiting the approval of the competent authority, the Committee wishes to recall that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation. Under Article 1(3) of the Convention “employment” and “occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 749). The Committee notes that, in their concluding observations, several United Nations treaty bodies have recently expressed concerns about: (1) the fact that article 13 of the Constitution is not applicable to non-citizens; and (2) the lack of provisions specifically prohibiting discrimination in employment and occupation (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 8; and CMW/C/VCT/CO/1, 17 May 2018, paragraph 26).
In light of the persistent lack of progress in the drafting of legislation that fully reflects the provisions of the Convention, the Committee urges the Government to take the necessary steps without delay to ensure the adoption of an effective legislative framework that explicitly prohibits direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) concerning all stages of the employment process and covering all workers, both nationals and non-nationals. It asks the Government to provide information on any progress made in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.
Articles 2 and 3(a). National equality policy. Referring to its previous comments concerning the lack of a national policy promoting equality of opportunity and treatment in employment and occupation, the Committee notes the Government’s repeated statement that the competent authority has not developed a national equality policy yet. The Government however states that appropriate steps are being taken to formulate such a policy in the near future. In that regard, the Committee draws the Government’s attention to the fact that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in respect thereof (General Survey, 2012, paragraph 841). In light of the absence of legislation that fully reflects the principles of the Convention, the Committee urges the Government to take the necessary measures to develop and implement a national policy promoting equality of opportunity and treatment in employment and occupation, in order to effectively contribute to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers. It asks the Government to provide information on any progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Implementation of an active employment policy. The Committee notes the Government’s first report on the application of the Convention. It notes that in the 2011 Budget Address, the Prime Minister made various relevant statements declaring the country employment policy which is integrated into its development strategies for the agriculture and tourism sectors, poverty eradication strategies, youth policies and education and training policies. The Government indicates that poverty eradication strategies aim at strengthening labour markets to ensure productivity and competitiveness, supporting education and training to increase the participation of women and school leavers in the labour market and developing enterprises in the agriculture and tourism sectors. The Committee further notes that the global economic crisis has had damaging effects on the socio-economic conditions of the country. Growth continues to be affected by the global slowdown through its impact on tourism and foreign direct investment (FDI). Weather-induced shocks between 2010 and 2011 have added to macroeconomic weaknesses. While expected to decline by 0.4 per cent in 2011, the economy is projected to grow by 2 per cent in 2012, supported by a rebound in agriculture and construction activities and a modest recovery in tourism and FDI flows. According to the 2008 Country Poverty Assessment (CPA) survey, the labour force participation rate was 64.6 per cent and the employment rate was 52.5 per cent. The unemployment rate stood at 18.8 per cent. The Committee invites the Government to provide in its next report information on the impact of its active employment policy in terms of achieving full, productive and freely chosen employment (Article 1 of the Convention). It also requests the Government to provide information on how employment policy measures are kept under periodical review within the framework of a coordinated economic and social policy (Article 2). The Committee would also appreciate receiving information on the impact of the employment policy measures on poverty reduction.
Article 2. Collection and use of employment data. The Government indicates that data concerning the labour force is usually obtained through a national census and the labour force survey. It further indicates that no statistical information is available concerning the implementation of the Convention. The Committee notes that the Government embarked on a project aimed at enhancing the capacity of production and use of labour market information produced by the Government, trade unions and employers’ organizations, as well as at creating a labour market information system (LMIS). This project is jointly implemented by the Department of Labour (DoL) of Saint Vincent and the Grenadines, the Secretariat of the Organization of Eastern Caribbean States (OECS) and the ILO. In its 2010 General Survey concerning employment instruments, the Committee stressed the importance of compiling and analysing statistical data and trends as a basis for deciding measures of employment policy. The Committee intends to follow up on progress made for the development of labour market information systems, for the purposes of ensuring that policy-makers have up-to-date and accurate information to guide their decisions (paragraphs 69–70 of the 2010 General Survey). The Committee invites the Government to report on the progress made in developing a labour market information system. It also requests the Government to indicate how labour market information is used as a basis for employment policy decision-making (Article 2).
Article 3. Consultation with the social partners. The Government indicates that it will give due consideration to consultations with social partners on employment policies. The Committee refers to its 2010 General Survey, where it noted that Convention No. 122 requires governments to consult the representatives of the persons affected by the measures with a view to taking fully into account their experience and views in developing the employment policy. In this regard, the consultations should also be used as a mechanism to enlist the support of the persons affected for the implementation of the policy adopted (paragraph 77 of the 2010 General Survey). The Committee invites the Government to provide information in its next report on the manner in which representatives of the persons affected are consulted concerning the development, implementation and review of employment policies. Please also indicate whether formal consultative procedures have been established for this purpose.
Sectoral development measures. The Government indicates that the employment impact of the agricultural policies is pursued through a mix of measures that aim at boosting the rural sector through diversification, expansion of production and the enhancement of productivity and competitiveness. These measures include: training in production technologies, agri-business management and good agricultural practices. The Government also indicates that the Public Sector Investment Programme is planned to create jobs in the rural and tourism sectors and that the Hospitality Institute provides for training in the tourism and maritime sectors. The Committee invites the Government to provide information on the impact of the measures taken to promote productive employment and improve the quantity and quality of employment opportunities in the abovementioned sectors.
Women’s employment. The Government indicates that active labour market measures implemented in the framework of poverty eradication strategies include supporting mothers’ attendance to education and training courses to increase their participation in the labour market. The Committee notes that according to the 2008 CPA survey, the labour force participation rate among women was lower than among men (56.4 per cent against 74.3 per cent). The employment rate for women was 41.6 per cent compared to 65.2 per cent for men and their unemployment rate stood at 26.2 per cent against 12.2 per cent for men. The Committee invites the Government to provide information on the impact of education and training measures and other measures designed to increase the employment participation rate of women in the open labour market.
Youth employment. The Government indicates that it plans to enhance a training programme for young school leavers, the Youth Empowerment Service (YES), through expanding its services, building an entrepreneurial culture and a better attitude towards work and promoting the involvement of private sector businesses in the YES programme through tax incentives. The Committee notes that according to the 2008 CPA survey, the labour force participation rate among young persons between 15 and 24 years was 52.4 per cent. The employment rate of young persons was as low as 34.7 per cent, while the unemployment rate stood at 33.8 per cent. The Committee invites the Government to supply in its next report disaggregated data on young persons obtaining lasting employment following their participation in the YES programme and other training activities.

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that section 7(2) of the Employment of Women, Young Persons and Children Act of 1938 as amended (EWYPC Act), exempts work in an industrial undertaking or ship in which only members of the same family are employed. It also noted the Government’s information that a recommendation had been made to the relevant authority to undertake legislative measures to ensure that the protection afforded by the Convention is applied to children working in all sectors.
The Committee notes the Government’s information in its report that there have been no new developments following the recommendation for legislative action. Recalling that the Convention applies to all types of work or employment, the Committee urges the Government to strengthen its efforts to ensure that the protections provided under the EWYPC Act are extended to all types of work by children, including in an industrial undertaking or ship in which only members of the same family are employed. It requests the Government to provide information on any measures taken or envisaged in this regard.
Article 2(3). Compulsory education. The Committee had previously noted that according to Part III of the Education Act of 2006, education shall be free and compulsory for all children from the age of 5 to 16 years which is higher than the minimum age for admission to employment (14 years). It had also noted the Government’s statement that it has been considering revising and raising the minimum age to employment or work and that it is awaiting a decision from the relevant authority and the Department of Labour in this regard.
The Committee notes the Government’s information that no legislative measures have been taken to raise the minimum age for work or employment. It also states that the practice that all children of compulsory school age are expected to be in an educational institution is widely observed and respected nationally. However, it is still awaiting appropriate action from the competent authority. The Committee notes from the 2015 report entitled “ Overview of the Labour Market of Saint Vincent and the Grenadines” prepared by the Statistical Office, Economic Planning and Sustainable Development Division of the Ministry of Finance and Economic Planning, Sustainable Development and Information Technology, that 76.0 per cent of the household population in St. Vincent and the Grenadines were aged 15 years and over, of which almost two-thirds participated in the labour market, indicating that they were either working, or actively looking for work. In this regard, the Committee once again expresses the firm hope that the Government will take the necessary measures, without delay, to raise the minimum age for employment or work to 16 years, in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. In this regard, the Committee draws the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee requests the Government to provide information on any progress made in this regard.
Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. With regard to the minimum age for admission to hazardous work and determination of types of hazardous work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).
Article 6. Vocational training and apprenticeship. The Committee had previously noted that section 3(1) of the EWYPC Act provides for exemptions to work done by children of not less than 14 years of age in recognized schools provided such work is approved and supervised by a public authority. The Government indicated that there were no provisions regulating apprenticeship programmes. The Committee however noted that subsection (3) of the Schedule to the Wages Regulation (Industrial Workers) Order of 2008 addresses the minimum wage paid to an apprentice. It requested the Government to take the necessary measures to regulate apprenticeship.
The Government refers to the proposed consultations, which would address this issue. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the consultations with stakeholders will regulate apprenticeship programmes and establish the minimum age for entry into apprenticeships, the types of work in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed. It requests the Government to provide information on any progress made in this regard.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3(a) and 7(2)(a) and (b). Worst forms of child labour and effective and time-bound measures. Sale and trafficking of children, preventing the engagement of children in the worst forms of child labour and providing the necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted the Government’s information regarding the establishment of (i) a National Task Force against Trafficking in Persons at the ministerial level chaired by the Prime Minister; (ii) an Anti-Trafficking in Persons Unit (ATIPU) to educate the general public and to investigate possible cases of human trafficking; and (iii) a crisis centre for providing appropriate accommodation and assistance to victims of trafficking. It requested the Government to provide information on the number of child victims of trafficking under the age of 18 years who had been rehabilitated in the crisis centre as well as on the impact of the measures taken by the national task force and the ATIPU in terms of the number of children who were prevented or withdrawn from trafficking and then rehabilitated.
The Committee notes an absence of information in the Government’s report. It, however, notes from the Government’s Replies to the List of Issues presented by the Human Rights Committee of March 2019 that the ATIPU, since its establishment in 2012, has investigated over 15 suspected cases of trafficking in persons, and over 20,000 students and 3,000 teachers have been sensitized about trafficking in persons. This report also indicates that a National Action Plan to Combat Human Trafficking (NAP) 2016-2020 and a Memorandum of Understanding to Combat Human Trafficking between the ATIPU and various ministries and government departments are in force (CCPR/C/VCT/Q/2/Add.1, paragraphs 89, 91, 93 and 97). Furthermore, according to the information from the official website of the Police Force of the Royal St. Vincent and the Grenadines in July 2021, the Criminal Justice Reform project funded by the Governments of the United States of America and the United Kingdom, handed over to the ATIPU, 30 e-learning programmes to combat human trafficking which include modules covering awareness issues around human trafficking, insight into what human trafficking entails, general indicators for human trafficking and resources available to support professionals and victims. The Committee, however, notes that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2017 expressed concern that (i) the State party remains a country of origin, transit and destination for trafficking in persons, including children, for the purpose of sexual exploitation and forced labour, primarily in agriculture; (ii) at the weak implementation of the Prevention of Trafficking in Persons Act, 2011 resulting in very few victims of trafficking being identified and very few perpetrators of trafficking being investigated, prosecuted and convicted; and that (iii) the protection and specialized services for child victims of trafficking anticipated in the Act have not yet been provided (CRC/C/VCT/CO/2-3, para 62). The Committee therefore requests the Government to strengthen its efforts to ensure that cases of trafficking in children, both for labour and sexual exploitation, are identified, proper investigations and prosecutions are carried out and to provide information on the penalties applied. It also requests the Government to provide information on the activities undertaken by the ATIPU as well as the measures taken within the framework of the NAP 2016-2020 to combat trafficking in children and on the measures taken to provide protection, rehabilitation and social integration assistance to children withdrawn from trafficking.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the Government’s information that as a result of the expanded national education system, the incidence of street children had been significantly reduced.
The Committee notes that the CRC, in its concluding observations of March 2017, recommended the Government to update and collect disintegrated data on children in street situations and based on its outcome to develop a national strategy for recovering and reintegrating children in such situations and to provide support to their families and communities in order to prevent children from living and working in the street (CRC/C/VCT/CO/2-3, para 61). Recalling that children who live and work on the street are particularly at risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this regard.
Application of the Convention in practice. The Committee notes that the CRC, in its concluding observations of March 2017, expressed concern that some children reportedly engage in hazardous work, including in the agricultural sector, the commercial sex industry and the illicit trade in drugs (CRC/C/VCT/CO/2-3, para. 59). The Committee therefore once again requests the Government to take the necessary measures to ensure that sufficient data on the situation of children involved in the worst forms of child labour are made available. It requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by age and gender.

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3(d) and 4(1). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that the Employment of Women, Young Persons and Children Act (EWYPC Act), did not contain a general prohibition on the employment of children below 18 years of age in hazardous work, other than the prohibition on night work in any industrial undertaking (section 3(2)) nor a determination of hazardous types of work prohibited to children under 18 years of age. It also noted the Government’s indication that consultations with stakeholders to address the issues related to hazardous work by children would be commenced shortly and a draft report would be prepared by the end of 2013.
The Committee notes the Government’s information in its report that there has been no new development on this matter. It notes from the Government’s report of 2021 under the Minimum Age Convention, 1973 (No.138) that the proposed consultations with the relevant stakeholders to address the issues related to hazardous work by children did not materialize due to budgetary constraints and lack of sufficient staff in the Department of Labour. The Government further states that these consultations are still on the agenda and further developments will be communicated in due course. Noting that the Government has been referring to the consultations with the stakeholders since 2013, the Committee once again expresses the firm hope that the consultations with the stakeholders including the social partners will be held in the near future and legislation relating to the prohibition on hazardous work by children under 18 years of age as well as a regulation determining the types of hazardous work prohibited to children under the age of 18 years will be adopted soon. The Committee requests the Government to provide information on any developments made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
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