Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Papua New Guinea (Ratification: 2000)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee asks the Government once again to provide updated information on: (i) any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Order; (ii) any progress towards the revision of the Industrial Relations Act of 1962 and the Employment Act of 1978 to include provisions defining and prohibiting both quid pro quo and hostile work environment sexual harassment; and (iii) any awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant to both accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1). Discrimination on the basis of disability, HIV status, sexual orientation and gender identity. The Committee reiterates its requests to the Government to indicate the measures taken to address cases of discrimination in employment and occupation faced by: (i) persons with disabilities, in the context of the National Policy on Disability for 2015–25; (ii) persons living, or perceived to be living, with HIV; and (iii) lesbian, gay, bisexual, transgender and intersex persons. The Committee also asks the Government to provide concrete information on the activities of the National AIDS Council Secretariat.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee notes that, according to the Decent Work Country Programme (2018-2022), about 88 per cent of the population lives in rural areas and their livelihoods are primarily based on subsistence agriculture and small-scale sales of cash crops in the informal economy. It further notes that a key factor in labour force participation and employment rates for women is their engagement in agriculture and fishing for household consumption in rural areas and that self- employment in the informal sector – particularly in subsistence agriculture – remains the dominant economic activity in the rural economy, especially for women. The Committee once again asks the Government to provide information on the measures taken or envisaged: (i) to increase the access of rural women to income-generating opportunities; and (ii) to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to access occupations on an equal footing with men. It also asks the Government to provide information on the impact of the measures implemented.

Article 3(e). Access to of women and girls to education and vocational training. The Committee recalls that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations. The Committee asks the Government to provide information on: (i) any measures taken or envisaged to improve the participation rates of women and girls in vocational training and education, such as for example measures to actively combat gender bias and stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs; (ii) the distribution of men and women in different educational and vocational training institutions, with an indication of the areas in which they are taking courses; and (iii) the steps taken or envisaged to increase the number of male and female graduates in a wider variety of areas, particularly those in which they are traditionally under-represented.

Article 5. Special measures of protection. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978 prohibiting the employment of women in, among other areas of work, heavy labour and night work. It considers that protection measures should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary to ensure that women can access these types for employment on an equal footing with men, such as improved health protection for both men and women, adequate transportation and security, as well as social services (2012 General Survey on the fundamental Conventions, paragraph 840). Consequently, the Committee asks again the Government to take the opportunity provided by the revision of the Employment Act of 1978 to amend sections 98 and 99 of the Act, so as to ensure that protective measures for women are strictly limited to maternity protection. It asks the Government to provide information on any progress made in this regard.

Awareness-raising and enforcement. The Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing those principles, and the general public. The Committee asks the Government to provide information on any cases reported to or detected by the labour inspectors regarding discrimination in employment and occupation and on any judicial and administrative decisions on this matter.

Statistics. The Committee recalls the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, and the progress achieved over time. The Committee once again urges the Government to compile and analyse statistics, disaggregated by sex, ethnic origin and occupational category, on the participation in the labour market of men and women in the public and private sectors.