Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - New Zealand (Ratification: 1983)

Referring to its previous direct requests, the Committee notes the detailed information supplied by the Government in its report and attached documentation.

1. The Committee notes with interest the enactment of the Human Rights Commission Amendment Act, 1992, which amends the Human Rights Commission Act, 1977, to include age as an additional ground of unlawful discrimination in employment. The Committee also notes the Government's decision to replace the Human Rights Commission Amendment Bill currently before the Justice and Law Reform Select Committee with a new Human Rights Bill which will revise and replace the Race Relations Act, 1971, and the Human Rights Commission Act, 1977, but that "social origin" is not one of the bases currently being considered for inclusion in the proposed Human Rights Bill and the Government is yet to decide on the grounds of prohibited discrimination to be specified in the Bill. Moreover, the Committee notes that the Government is currently unable to indicate whether the new Human Rights Bill will retain section 15(7)(A) of the Human Rights Commission Act.

As to the grounds of discrimination to be enumerated in the new Human Rights Bill, the Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it states that, where provisions are adopted in order to give effect to the principle contained in Convention No. 111, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention. The Committee accordingly hopes that measures will be taken to include in the provisions of the new Human Rights Bill all the grounds of discrimination set forth in Article 1, paragraph 1(a), of the Convention. The Committee requests the Government to provide information on the progress made in this respect, including the date of enactment and a copy of the new legislation, and to continue to furnish full information concerning implementation of the Human Rights Commission Act.

2. The Committee notes with interest that the Education and Training Support Agency (ETSA) is in partnership with industry to respond to changing skill requirements, working employers, employees, industry groups, trainees, apprentices and cadets and administers three new schemes (the Industry Training Strategy, the Training Opportunities Programme and the Youth Traineeships Scheme), that the Industry Training Act, 1992, establishes Industry Training Organizations (ITOs) which will be responsible for training in their respective industries, and that the Youth Traineeship Scheme is designed to expand the number of industry-based training places for young people up to 21 years old, leading to nationally recognized qualifications, particularly in those areas of industry which lacked systematic training in the past. The Committee observes further that it is the Government's goal to improve access for the Maori people to state resources and that the Training Opportunities Programme is to replace the general ACCESS and Maori ACCESS schemes, providing training for disadvantaged groups, including early school-leavers and long-term unemployed people with low qualifications.

The Committee would appreciate it if the Government would continue providing information on the work of and the results achieved by these agencies and organizations, including statistics on the participation of different groups in the various schemes and programmes.

3. As to the employment rate of Maori and Pacific Island people, the Committee notes from the statistics provided in the Government's report that while both groups continue to be overrepresented, in particular industries and occupations, high unemployment also persists for these groups. Noting with interest the promotion of equality of opportunity and treatment in employment and occupation for these groups through the Government's Equal Employment Opportunities Plan (providing, inter alia, training and career development programmes and university scholarships for Maori and Pacific Island people) and through ETSA activities (such as promoting literacy and numeracy skills and encouraging the participation of underrepresented groups, including the Maori and the Iwi people, in education and training schemes, serving as a liaison with Pacific Island groups to address their training needs), the Committee requests the Government to continue supplying information on the measures being taken or contemplated, and the results achieved, to promote equality of opportunity and treatment for the Maori and Pacific Island people.

4. The Committee notes with interest the information provided from the Equal Employment Opportunities Section, State Services Commission on the progress made in implementing EEO in the public service as at June 1991: the statistics indicate that from 1988 to 1991, the representation of women, Maori, Pacific Island people and ethnic minority people within the public service remained approximately the same (except that the representation figures for people with disabilities decreased to 14.1 per cent in June 1991 from 20.8 per cent in 1988), and women, Maori and Pacific Island people continue to be overrepresented in the lower salary levels. Noting the Government's indication that there is a need for further investigations concerning the representation of these groups within the public service, particularly the decrease in the representation of people with disabilities, and on matters such as occupational segregation, pay differences between occupations and salary on appointment, the Committee would be grateful if the Government would continue providing information on the measures taken or contemplated to further implement EEO plans in the public sector, and on the results achieved, including information on the outcome of the proposed investigations.

5. The Committee is grateful to the Government for providing further information on public service child-care facilities and notes with interest the child-care centres and other early childhood services in the private sector, established in an ad hoc manner to meet community needs, as well as the Government's child-care subsidy programme (subsidies are subject to an income test, only available in respect of children under five years of age and are paid directly to the child-care facilities) for low-income families and families which are unable to undertake part-time employment or training because they cannot afford the full cost of child care. The Committee would be grateful if the Government would continue supplying information, in future reports, on the number of child-care facilities in the public and private sectors in the context of its equal opportunity policy.

6. The Committee notes the information provided by the Government with regard to procedures for resolving personal grievances relating to sexual harassment and discrimination and the copies of the Equal Opportunities Tribunal decisions provided. The Committee also notes that with the repeal of the Labour Relations Act, 1987, in May 1991 the personal grievance provisions relating to sexual harassment and discrimination under the Labour Relations Act were retained as grounds for a personal grievance under the Employment Contracts Act, 1991. It would appreciate receiving a copy of the relevant extracts (on definitions of discrimination) of the "Guide to the Employment Contracts Act, 1991", which were not enclosed with the report. The Committee would be grateful if the Government would continue to furnish information concerning any complaints concerning discrimination in employment and occupation lodged under the Employment Contracts Act, 1991, the Human Rights Commission Act, 1977, the Race Relations Act, 1971, as well as under recent amending legislation.