Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the information provided by the New Zealand Trade Union Council (NZTUC), attached to the Government’s report.

Protection against discrimination in the public service. With reference to its comments concerning the implementation of the Public Service Code of Conduct and the Public Service Manual, the Committee notes the Government’s statement that no disciplinary proceedings have yet been taken against employees violating the provisions on non-discrimination and harassment of the Code. The Committee asks the Government to continue to provide information on the practical application of the Public Service Code of Conduct, as well as to indicate any measures taken or envisaged to ensure that no discrimination occurs, in law and in practice, in the public service, on the grounds of race, gender and religious beliefs.

Grounds of discrimination. The Committee notes the Government’s statement that discrimination on the basis of colour, national extraction, political opinion and social origin is not an issue in the Tokelau public service, and that section 2.5 of the Code of Conduct protects all employees against any kind of discrimination. The Committee recalls that under the Convention these grounds are listed grounds upon which discrimination is prohibited. The Committee wishes to emphasize that even though certain forms of discrimination may not be an issue today, new forms of discrimination may emerge over time due to labour market and societal changes. It therefore asks the Government to monitor carefully any emerging forms of discrimination in law and in practice that may result in or lead to discrimination in employment and occupation on the basis of colour, national extraction, political opinion and social origin.

Discrimination based on sex. Maternity leave. In its previous comments, the Committee had raised questions regarding sections 7.7(a)–(c) of the Public Service Manual. These appear to imply that in practice maternity leave could be substituted for leave without pay, putting women in a disadvantaged position as compared to men with regard to their leave entitlements. Moreover, section 7.10 makes maternity leave conditional upon at least one year of service thus excluding women employed for less than a year from maternity protection, including dismissal, which is contrary to the Convention. The Committee notes the Government’s statement that it may consider amending section 7.7(a) and (b) to provide for three months’ maternity leave. The Government remains silent however with respect to its intention to amend section 7.10 of the Manual. Noting the Government’s commitment to securing maternity leave protection for all women, the Committee asks the Government to bring all the provisions, including section 7.10, regarding maternity protection of the Public Service Manual into conformity with the Convention, and to keep it informed of the progress made in amending the Manual.

National policy. The Committee notes that a draft national policy for women and a national plan of action is being developed. The Committee would be grateful to receive a copy of the national policy and action plan on women, once they have been adopted, and it hopes that these will include activities to promote equality of opportunity and treatment between men and women in employment and occupation.

Employment statistics. The Committee notes that out of the 45 national public servants, 19 are men and 26 are women. A total of 28 staff falls within the salary grading, with eight men and 20 women. The other 17 staff members are contract workers, 11 of whom are men and six of whom are women. The Committee also notes the information provided by the NZTUC that employment levels in the public service are similar for men and women and that there is a trend towards increasing representation by women in the General Fono. The Committee asks the Government to continue to provide data on the distribution of men and women in the General Fono and at the various levels of the public service, as well as their distribution in the various trades and occupations in the private economy.