Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Australia (Ratification: 1973)

1. In response to the Committee’s previous observation regarding the impact of reforms concerning structures and programmes for indigenous peoples, with respect to promoting equal access to education, training and employment, the Government indicates that the unemployment rate of indigenous peoples has decreased from 16.5 per cent in 2005 to 14.3 per cent in 2006. The Government refers to plans to prioritize indigenous education and underlines the impact of the Community Development Employment Projects (CDEP), resulting in 1,575 jobs in 2004–05 and increasing to 5,770 jobs in 2006–07. The Committee also notes the Structured Training and Employment Project (STEP), the Employment Related Services (ERS), as well as job placements by Job Network members, and the National Strategy for Vocational Education and Training. The Government states that many of the reforms were designed to increase indigenous economic independence by reducing dependency on passive welfare through stimulating employment and economic development opportunities for indigenous peoples.

2. The Committee also notes the concerns raised in this respect by the Human Rights and Equal Opportunity Commission (HREOC) in the 2006 Social Justice Report, including concerns regarding the complexity of the new arrangements, the lack of sufficiently targeted measures to address the existing level of inequality and discrimination experienced by indigenous peoples, and the lack of mechanisms for engagement with indigenous peoples. The HREOC also notes that the Government has indicated that in future, 7,000 workers will lose their CDEP wage and that the indigenous employment centres will be abolished. The HREOC has made a number of recommendations, including that an inquiry be conducted aimed at, among other things, identifying the following: (i) progress in addressing existing inequalities in indigenous peoples’ access to mainstream services; (ii) progress in ensuring that processes are sufficiently targeted; (iii) effective, sustainable and representative mechanisms for the participation of indigenous peoples; and (iv) the adequacy of performance, monitoring and evaluation mechanisms for the new arrangements. In addition, the Committee on the Elimination of Discrimination against Women, has expressed concern about the ongoing inequalities suffered by Aboriginal and Torres Strait Islander women “whose enjoyment of human rights remains unsatisfactory in many areas, particularly with regard to employment, education …”; it recommended that targeted measures be adopted and that measures be taken to increase their access and awareness of the availability of targeted social services in all sectors (CEDAW/C/AUL/CO/5, 3 February 2006, paragraphs 30–31).

3. Noting that the Government is moving away from a system of special measures regarding education and employment of indigenous peoples, to bring them closer to “mainstream” services, the Committee recalls the importance of special measures in ensuring real equality of opportunity and treatment in practice, taking into account the diversity of situations of certain persons so as to prevent discriminatory practices (Equality in employment and occupation, Special Survey, 1996, paragraph 135). In this context, the Committee asks the Government to provide information on the steps taken to implement the recommendations set out in the Social Justice Report as they relate to education and employment opportunities of indigenous peoples. The Committee also requests the Government to provide further information on the reforms undertaken and envisaged, including their practical impact on education, training and employment of indigenous Australians, both women and men, including statistics disaggregated by sex.

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