Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the comments, attached to the Government’s report, by Business New Zealand, the New Zealand Agency for International Development (NZAID) and the New Zealand Council of Trade Unions (NZCTU), which include a copy of the Periodical Report on Tokelau submitted by the Government of New Zealand to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NZL/5, 14 October 2004, Appendix 4).

1. Article 1(1)(a) of the Convention. Protection against discrimination. The Committee notes the continuing restructuring of the public service. It notes that, following a decision of the Tokelau Public Service Commission of Inquiry, the Tokelau Employment Commission has been disestablished and that in future the village employment committees will be responsible for employment matters at the village level and the General Fono at the national level. It also notes the new draft Public Service Manual and the draft Code of Conduct for the public service requiring employers to develop a human resources policy which should include "good and safe working conditions including freedom from harassment and discrimination". Section 2.5 of the draft Code provides that employees shall "not discriminate against, harass (including sexual harassment) or bully others including for the reasons of gender, race, age, disability, religious or ethical beliefs", omitting the grounds of "colour, national extraction, political opinion and social origin". The Committee looks forward to the adoption of the Manual and the Code and asks the Government to provide information on their application in practice, once adopted. Please also indicate how protection against discrimination is provided with respect to the other grounds set forth in Article 1(1)(a) of the Convention.

2. Practical application in the public and private sector. The Committee notes that most full-time employment is in the public service where there has been a significant promotion of gender equality. It notes that currently 32 women and 36 men work in the Tokelau public service. Referring to Appendix 1 of the draft Public Service Manual, the Committee would be grateful if the Government would provide information disaggregated by sex, on the corresponding grades in which they are employed. Noting further the indication by NZCTU that under the current more monetized economic regime, those who are not engaged in paid employment may be considered to be relatively disadvantaged, the Committee asks the Government to provide statistical and other information, disaggregated by sex, on the employment/unemployment rates of men and women.

3. The Committee notes that the women’s groups (fatupaepae) decided not to re-establish the National Council for Women but that instead local women’s groups would be strengthened to promote women’s economic development through marketing and handicrafts. The Committee welcomes in this regard the assistance provided by NZAID as well as the activities undertaken under the sustainable development component of the "Modern House Project" to assist women in economic development. It asks the Government to continue to provide information on the activities taken to improve the status of women in employment and occupation, and the results achieved.