Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Tokelau

The Committee notes the information contained in the Government's report as well as the attached documentation concerning the legal system of Tokelau.

1. In its previous direct request, the Committee asked for information on how the current restructuring of the country, in particular the decentralization of the public service to the village level, would continue to promote developments pertinent to the application of equality in employment, as set out in the Convention. While noting the Government's reply that the restructuring still has to be put in place and that Tokelau is establishing the necessary village and national systems to take over the present public service functions, the Committee would nevertheless be grateful if the Government would provide the above-requested information in its next report. The Committee also requests the Government to provide a copy of the document entitled "Modern House of Tokelau" concerning the ongoing constitutional process, which was endorsed by the General Fono (the national representative body) in 1998.

2. The Committee notes the statement of the Government that the issue of adapting Tokelau's labour law (based on the Tokelau Amendment Act, 1967, and the instructions of the State Services Commission) to the needs of the changing situation in Tokelau is under continuing review. It notes that a body of drafting work has already been undertaken in the area of employment at both the village and national levels, which complies with the existing international obligations. The Committee requests the Government to forward copies of any legislation, including draft legislation, concerning the application of the principle of the Convention at both the national and village levels.

3. The Committee notes the additional information on Tokelau annexed to the report of the Government of New Zealand on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/NZL/3-4, 18 March 1998), including the statement submitted by the delegation of Tokelau to the Fourth World Conference on Women in Beijing in 1995. The Committee notes from this information that, although men's and women's roles in Tokelau society are still very much prescribed by traditional values and cultural practices with regard to decision-making, women's roles are slowly changing. In its statement to the Fourth World Conference on Women, the Tokelau delegation indicates that the lack of awareness concerning women's issues and rights in Tokelau society needs to be addressed and that specific focus needs to be given to educating women to have the knowledge to better understand issues relating to them. This will enable them to participate in formulating and implementing policies and plans which are better geared towards women's needs and rights. The Committee would be grateful if the Government could keep it informed regarding any action taken to raise awareness of women's rights in the context of equality in employment and occupation.