National Commission for the Promotion of Equality

Overview

The National Commission for the Promotion of Equality (NCPE) works to safeguard equality in the areas covered by its remit by investigating complaints, raising awareness and disseminating information on rights and responsibilities through training and information campaigns; proposing and giving feedback to policies; networking with different stakeholders at national and international levels; carrying out research; and providing assistance to the general public.

Brief history

NCPE is an Equality Body and was established in 2004 by Chapter 456 of the Laws of Malta, Equality for Men and Women Act. In 2004, NCPE’s remit covered equality on the basis of family responsibilities and gender in employment and education. NCPE’s remit has been extended to include equality in the provision of goods and services on the basis of race and ethnic origin by Legal Notice 85 of 2007, Equal Treatment of Persons Order, and equality in goods and services on the basis of gender by Legal Notice 181 of 2008, Access to Goods and Services and their Supply (Equal Treatment) Regulations.

Through amendments in the Equality for Men and Women Act, NCPE’s remit was widened in 2012 and 2015. It now covers discrimination based on gender, family responsibilities, religion or belief, age, sexual orientation and race/ethnic origin, gender identity, and gender expression or sex characteristics in employment as well as access to education and vocational guidance and by banks and financial institutions (in the grant of any facility for the establishment, equipment or in the launching or extension of any business or self employment or the insurance of that business or the person in self employment). According to its remit, NCPE also works to safeguard equal treatment on the grounds of gender as well as race or ethnic origin in the access to and supply of goods and services.

In addition, from May 2016 freedom of movement for workers in the EU has become part of NCPE’s remit by virtue of Legal Notice 173 of 2016, Exercise of Rights Conferred on Workers (Freedom of Movement) Regulations. Persons who feel that they have encountered or are encountering obstacles to exercise, or have had or are having their right to free movement restricted without justification, now have a right to file a complaint with NCPE’s Commissioner.

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

No legal standing before the courts

Functions

• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other mandates of the institution

Standalone dedicated national equality body

Institution

Management and Appointments

Management

Single headed equality body (led by director or ombudsman/commissioner)

NCPE is headed by a Commissioner and seven Commission members who together are responsible for the functions of the Commission as outlined in Chapter 456 of the Laws of Malta, Equality for Men and Women Act, which established NCPE. The Commission is administered by an Executive Director who acts in accordance with such policies established by the Commission.

Procedure for nomination and appointment of management and board

The Commissioner and the Commission Members are appointed by the Prime Minister (upon advice from the Minister responsible for equality), as stated in Chapter 456 of the Laws of Malta, Equality for Men and Women Act.

Regional or Local offices

This institution does not have regional officies.

Accountability

National Ministry