Opinion - Discrimination and Employment

OPINION

DISCRIMINATION AND EMPLOYMENT

Establishing Social Justice in Accordance with the basic Human Rights to employment

The Seychelles employment situation in 2006 is marred by incidents of inequality and injustice which hammers on a person’s individual rights and is in contrast to all those treaties that the country has ratified and vowed to have them implemented. An analysis of the development of the global economy in this direction is neither sustainable nor desirable.

Inequality not only leads to a decline in productivity but also breeds poverty, social instability and even conflict. Discrimination at work can occur in many different settings. It can affect men or women on the basis of their sex, or because of their race or skin color, national extraction or social origin, religion, or because their political opinions differ from those of others. Often countries decide to ban distinctions or exclusions and forbid discrimination on other grounds as well, such as disability, HIV status or age. Discrimination at work denies opportunities for individuals and robs societies of what those people can and could contribute.

Two issues of major concern in this country have to do with a process termed as elimination discrimination; they are the famous ‘SECURITY CLEARANCE’ and the new trend of ‘attach two passport size photos’ with your application. These two areas are not addressed directly in the employment act nor in the employment (amendment) act of 2006 leaving a big gap in the employment system that outside observers will not know about because if one only look at the legal documents, no such laws exist. It is time for the country to engage in promoting sustainable development, eradicating poverty, and ensuring that people can work in dignity and safety. There is a great need for social justice in this country and it is a call for the law makers to take this issue back to the drawing board and make further amendments. It’s time for Normative Action.

Article 25 of the Constitution of the Republic of Seychelles (1993) states that:

The State shall recognize the rights of every citizen to work and to just and favorable conditions of work and with a view of ensuring the effective exercise of those rights [emphasis added] and it states the 7 measures (a-g) that the State shall undertake.

This right which have been guided by the Universal Declaration of Human Rights Article 7 of that rights states that

‘All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination’ and to bring it home to the specific context of employment Article 23 of the same declaration states that

‘Everyone has the right to work and free choice of employment’ together with the ILO convention we today have the amendment in the employment Act of 2006.

The Employment (Amendment) Act 2006, Article 46 deals with the issue of discrimination. It states:

46(a)(1) where an employer makes an employment decision against a worker’s age, gender, race, color, nationality, language, religion, disability, HIV status, sexual orientation or political or trade union association, the worker may make a complaint to the Chief Executive stating all the relevant particulars

How is one to know the real ‘relevant particulars’ when in instances if you do get a reply it simply says: ‘you have been unsuccessful’. In cases where you have all the requirements and qualifications for the positions one can only speculate and I am sure the ‘Chief Executive’ will not accept your speculations.

The employment authorities made reference to the International Labor Organization (ILO) by which Seychelles is bounded to apply its recommendations because we have ratified this convention. So why do Seychelles still have an issue of ‘CLEARANCE’ being applied as selection criteria and more so in some cases when you are applying they want you to send in ‘2 passport size photos’. In many cases this is asked of people who are unemployed. Why ask for Photos and not use the National Identity card photos, after all you have to prove that you are the person that you say you are through your (photo) ID card. This photo submission criteria is bad because it acts as an elimination catalyst for many discriminatory reasons, from the ‘I don’t like the way he/she looks’ (sorry to those who are not photogenic to the ‘arh sa piti/mari/famn..entel’ (Oh this is the child/husband/wife of so and so) and from there the elimination or selection is said. This form of indirect discrimination occurs where rules or practices appear on the surface to be neutral but in practice lead to exclusions.

This is not to say that Security clearance and the use of photos in employment procedures should be banned completely. Security clearance need to be enforced in areas where the person is to work with top security documents and with children (two areas I can pick off the top of my head because I have worked in such fields) and photographs are needed at the primary submission of applications if you are applying for a position where a certain look is being sought ( TV Presenters and or flight attendants) the rest can do away with the requirements and once the candidate has been accepted, then they can be requested to submit pictures for their files. Merit and the ability to do a job, not irrelevant characteristics, should be the guide.

Eliminating discrimination starts with dismantling barriers and ensuring equality, indirect discrimination occurs where rules or practices appear on the surface to be neutral but in practice lead to exclusions. Requiring applicants to be a certain height could disproportionately exclude women and members of some ethnic groups, for example. Unless the specified height is absolutely necessary to perform the particular job, this would illustrate indirect discrimination.

Equality at work means that all individuals should be accorded equal opportunities to develop fully the knowledge, skills and competencies that are relevant to the economic activities they wish to pursue. Measures to promote equality need to bear in mind diversity in culture, language, the ability to read and to deal with numbers and I would go as far as saying family circumstances, need to be considered too (but that’s an area for gender and employment discussion).

While there is an encouraging move made by the employment sector, this is a call for a move towards effective avenues that are needed to permit meaningful challenges to discrimination when it occurs. National laws and practices may well be broader and include more comprehensive approaches for the elimination of discrimination at work.

We are a nation in search of peace. Social justice is essential to universal and lasting peace. Social progress and economic growth can truly be measured only when there is a guarantee of fundamental principles and rights at work are given particular significance in that it enables the persons concerned, to claim freely and on the basis of equality of opportunity, their fair share of the wealth which they have helped to generate, and to achieve fully their human potential. The people of Seychelles will surely have their own opinion on this issue.

S.P.L