National Commission for the Promotion of Equality - NCPE

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.

Mandate Type

Combined tribunal-type and promotion-type

Litigation power:

• Formally deciding on complaints (e.g. decision or recommendation addressed to the parties) Not legally binding
• The findings of the Commissioner, when deciding a complaint of alleged discrimination, are binding if both parties so decide. According to Legal Notice 316 of 2011 – Procedure for Investigations Regulations – “in the notice of commencement of an investigation, the Commissioner shall formally request the parties concerned whether they accept to be bound by the findings of the Commissioner…”

Activities

Our institution has a mandate to deal with:

• Freedom of movement for workers
• Sex/gender and family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, gender identity and gender expression or sex characteristics in employment; banks and financial institutions, as well as education and vocational training; o Racial / ethnic origin and gender in the provision of goods and services and their supply; o Freedom of movement for workers.

Other statistics:

Management

• Single headed equality body (led by director or ombudsman/commissioner)
• Collegiate headed equality body (led by a distinct board/commission)
• Combined

Management details

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.

Additional details

NCPE is an independent body, funded by the Government. The Equality for Men and Women Act specifies that “the Commission shall have a legal personality separate from that of the Government and its judicial representation shall vest in the Commissioner”.

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.

Number of staff dealing with equality issues

Grounds and fields of discrimination covered by the equality body

Family responsibilities - in employment; education; banks and financial institutions in the grant of any facility in the establishment or extension of any business Gender expression or sex characteristics - in employment; education; Banks and financial institutions in the grant of any facility in the establishment or extension of any business

Mandate covers:

• Public sector
• Private sector

Operating budget in euros

Operating budget in euros for the parts of the organisation dealing with equality issues (all types of functions)

We are accountable to

• National Ministry