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

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

1. The Committee notes the information provided by the Government in its report and the attached documentation, as well as the comments made by Business New Zealand (Business NZ) and the New Zealand Council of Trade Unions (NZCTU) and the Government’s response to these comments. It recalls the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 6 May 2003 and notes the Government’s reply thereto.

2. Articles 2 and 3 of the Convention. Equality of opportunity and treatment of Maori and Pacific workers. The Committee notes the ICFTU’s statement that social inequalities persist between the indigenous Maori and non-Maori populations, including higher unemployment levels than the national average, lower levels of formal qualifications and occupational segregation in low-paid jobs. As the extent to which these inequalities reflect employment discrimination against Maori and Pacific people was not clear, the ICFTU suggests that research on this issue should be undertaken. Business NZ expresses the view that employment difficulties of these ethnic groups were due to "educational deficiencies" limiting employment choices rather than discrimination.

3. The Committee notes from the Government’s report that labour market inequalities between Maoris and Pacific people continue to exist, though some progress has been made in recent years. The average unemployment rate of Pacific people decreased from 16.8 per cent in 1997 to 7.6 per cent in 2004 (8.8 per cent for women), while the average unemployment rate for Maoris decreased from 10.8 per cent in March 2002 to 9.4 per cent in March 2004 (10.9 per cent for women). By comparison, the national average rate was at 4.6 per cent and the rate for European New Zealanders was at 3.4 per cent (3.9 per cent for European women). According to the Government, Pacific people continue to be over-represented among the unemployed, lower skilled and low-income earners, while Maoris and Pacific people are disproportionably distributed in the industry grouping of manufacturing and trades and the occupational group of plant and machine operators.

4. The Committee considers that where marked labour market inequalities along ethnic lines exist, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention should include measures to promote equality of opportunity and treatment of members of all ethnic groups in respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment. In order to achieve the objective of the Convention it is necessary to address gaps in training and skills levels, as well as to examine and eliminate other difficulties and barriers that Maoris, Pacific people, and members of other ethnic groups, face in accessing and retaining employment in the various sectors and occupations. The Committee recalls that the Convention covers all discrimination, without referring to the intention of an author of a discriminatory act or even without there needing to be an identifiable author, as may be the case in situations of indirect discrimination (General Survey, 1988, paragraph 26). Indirect discrimination occurs when apparently neutral requirements or practices result in a disproportionately harsh impact on some members of ethnic groups. It therefore welcomes the Government’s statement that a comprehensive approach needs to be taken to issues of discrimination and disadvantage, and it notes the various programmes and activities carried out by the different ministries and other public bodies to promote training and employment of Maori and Pacific people. The Committee requests the Government to continue to provide detailed information on the measures taken and results achieved in promoting the access of Maori and Pacific people to training and private and public employment, including information on how many Maoris and Pacific people were employed or engaged in self-employment following participation in training and employment-creation schemes, as well as statistics on labour market participation and earnings disaggregated by ethnicity and sex.

5. Equality of opportunity and treatment of migrants. The Committee notes that according to the NZCTU, research has indicated that a significant number of employers would be reluctant to employ a person who spoke English with a strong "foreign" accent. The NZCTU also states that employment agencies were less likely to put new settlers forward for an interview where a range of candidates was available. In this regard, the Committee further notes that the Human Rights Commission has pointed to difficulties of migrants in accessing appropriate employment in its 2004 report entitled "Human Rights in New Zealand today". While noting that the Government has taken a number of general measures to assist migrants, the Committee recalls that the Convention is intended to protect all workers from direct and indirect discrimination on the grounds listed in its Article 1(1)(a) and requests the Government to provide information on the measures taken to ensure that migrant workers are not excluded from employment on the basis of their race, colour or national extraction, without an objective justification based on the inherent requirements of a particular job.

6. National machinery to promote equality. The Committee notes with interest the establishment of an Equal Employment Opportunities (EEO) Commissioner within the Human Rights Commission in 2002 and the appointment of the first EEO Commissioner in 2003. The Commissioner’s mandate includes, inter alia, providing leadership and advice on EEO matters, to evaluate the role that legislation, guidelines and voluntary codes of practice play in promoting best practice in equal employment opportunities, and to monitor and analyse progress made in improving equal employment opportunities. Since the Commissioners appointment, the Human Rights Commission has issued the report "Framework for the future: Equal employment opportunities in New Zealand" in which a number of recommendations were made, including regarding the introduction of new legislation that would require private and public employers to develop and implement EEO plans and to report regularly on outcomes. The Committee requests the Government to continue to provide information on the activities of the Human Rights Commission and the EEO Commissioner, as well as on any follow-up to the abovementioned report. The Government is also asked to continue to provide information on the progress made in achieving equal employment opportunities in the private and public sectors, as well as information on how the various bodies dealing with EEO issues cooperate with each other, and with employers’ and workers’ organizations.

The Committee is raising other points in a request addressed directly to the Government.