Observation (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 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.