Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the information provided by the Government in its report as well as the communication from the New Zealand Council of Trade Unions (NZCTU) and the Government’s reply thereon. With respect to the NZCTU’s comments concerning migrant workers under the Recognized Seasonal Employer (RSE) Scheme, the Committee notes that the issues raised primarily relate to inequalities with respect to social security, remuneration, accommodation and trade union membership covered by the Migration for Employment Convention (Revised), 1949 (No. 97). As some of the issues have been addressed by the Committee in its observation of 2007 on Convention No. 97, the Committee will examine the NZCTU’s comments on the RSE Scheme together with the Government’s next report on that Convention.

Access to employment and vocational training – Maori and Pacific Island peoples. The Committee recalls its previous observation addressing issues relating to the occupational segregation of Maori and Pacific Island people into certain occupations and their generally lower education, qualifications and skills levels. The Committee notes the Government’s statement that despite the increasing labour force participation of Maori there is a need to ensure that skills of those Maori entering employment are matched to higher skilled and higher wage jobs. The Government also indicates that Pacific Island people, especially women, continue to be overrepresented among the unemployed, lower skilled and low-income earners. Maori and Pacific Island people also continue to be disproportionately represented in services and sales, trades and elementary occupations. The Committee further notes from the communication of NZCTU that, according to 2005 statistics, 20 per cent of Pacific Island workers earned less than the current minimum wage level. The Committee notes that there are a number of initiatives in place to increase skills levels of, and provide employment assistance to, Maori and Pacific Island people. The positive outcomes for Maori under the initiatives to improve sustainable employment, as well as the positive outcomes of the training programmes run in 2007 by the Tertiary Education Commission to achieve equality in employment and vocational training are particularly noteworthy. However, participation of Maori and Pacific Island people remains low in industry training and particularly in the Modern Apprenticeship Scheme. While welcoming the Government’s commitment to improving the education levels of Maori and Pacific Island people and to increase their training and employment opportunities, the Committee invites the Government to accelerate its efforts to address the continuing inequalities faced by Maori and particularly Pacific Island people in the labour market. The Government is requested to provide information on what lessons have been learned on the impact achieved so far from the various strategies, programmes and initiatives used to improve the skills levels and sustainable employment for men and women belonging to Maori and Pacific Island communities.

Access to vocational training and occupation – women. The Committee recalls that training and vocational guidance are of paramount importance for achieving equality in the labour market in that they are a key element in determining the actual possibilities of gaining access to a wide range of occupations and employment. The Committee recalls the low participation rate (26.7 per cent) of women in courses provided by industry training organizations (ITOs) and the extremely low (less than 10 per cent) participation rate of women in some of the courses offered by the Modern Apprenticeship Scheme. The Committee notes the information concerning the training programmes run by the Tertiary Education Commission, including the positive outcomes regarding the participation rates and subsequent employment of women for some of the programmes. It also notes, however, that the NZCTU continues to express concern at the low participation of women in the Modern Apprenticeship Scheme, and points out that female participation is almost nonexistent in the three industries dominating the Scheme, notably building and construction, engineering and motor engineering. According to the NZCTU, public sector and tourism are the only sectors where there are more women than men. The Committee notes the Government’s indication that the Equal Employment Opportunities (EEO) Commissioner and the Industry Training Fund (ITF) continue to take measures to improve diversity in the Modern Apprenticeship Scheme and to promote the spread of industry training into new industries in which women predominate. No information had been provided however on the specific results of these efforts. The Committee asks the Government to step up its efforts to extend industry training and the Modern Apprenticeship Scheme to industries in which women predominate and to encourage women’s enrolment in courses where their participation is particularly low. The Government is also requested to continue to report on the results achieved by the EEO Commissioner and the ITF to promote diversity and to promote equality of opportunity and treatment with respect to the vocational training courses offered to men and women. With respect to occupational segregation, the Committee also refers to its observations on the Equal Remuneration Convention, 1951 (No. 100).

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