Direct Request (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)

Article 1, paragraph 1(b), of the Convention. Persons with disabilities. The Committee notes with interest the Disabled Persons Employment Repeal Act, 2007, which has been accompanied by a Government package to ensure support for sheltered workshops and disabled workers. It also notes the information provided by the NZCTU regarding the structural impediments, especially lack of accessible public transport preventing or making it difficult for persons with disabilities to obtain and continue employment. The Committee notes that since the launching in 2001 of the New Zealand Disability Strategy (2001) various measures were taken by the Government to promote equality for persons with disabilities, including the adoption of the Public Transport Management Act, 2008. The Committee asks the Government to continue to report on the implementation of the New Zealand Disability Strategy, and to indicate the impact of the Public Transport Management Act, 2008, on facilitating access of disabled people to public transport services as a means to improve their access to employment.

Transgender people. The Committee notes the findings of the Human Rights Commission (HRC) Inquiry into discrimination experienced by transgender people, released in 2008, which indicate employment discrimination as the most common form of discrimination. The HRC Inquiry made a number of recommendations, such as clarifying that protection from sex discrimination in the Human Rights Act, 1993, includes protection from discrimination on the ground of gender identity, and recognizing that protection from discrimination under the Act requires policies and practices to be inclusive of transgender people. The Inquiry also recommended that the HRC develop an educational programme to address discrimination against transgender people. The Committee further notes the complaints and inquiries dealt with by the HRC in this context. The Committee welcomes this information and asks the Government to continue to provide information concerning discrimination of transgender people and any action taken to follow up on the recommendations made by the HRC Inquiry.

Articles 2 and 3. Promoting equality with respect to race, colour and national extraction. The Committee notes the 2006 census indicating that the ethnic population accounts for more than 11 per cent of the total population in New Zealand, and recalls the NZCTU’s concerns regarding employer prejudices and stereotypical attitudes vis-à-vis Asian and Pacific Island peoples and certain migrant workers inhibiting their access to employment. The Committee notes that the NZCTU, while supporting the Government’s initiatives to promote equality and diversity for the different communities, draws attention to the fact that migrant workers and members of ethnic minorities are still treated less favourably in respect of employment and occupation, and that certain migrant workers have reported experiencing racial discrimination in employment. The Committee welcomes the activities by the Office of Ethnic Affairs and those launched by the New Zealand Settlement Strategy and National Action Plan, but notes that no specific measures have been taken to address employer prejudices and stereotyped attitudes with respect to migrant workers. Recalling the importance of undertaking educational and awareness-raising programmes to secure the acceptance of the national equality policy with respect to the grounds of race, colour and national extraction (Article 3(b) of the Convention), the Committee asks the Government to undertake the necessary measures aimed at addressing employer prejudices and employer stereotypical attitudes vis-à-vis migrants and ethnic minorities. Please also provide information on the specific practical measures taken to ensure that migrant workers are not discriminated against on the basis of these grounds.

Achieving equality in the public service. The Committee recalls the vertical occupational segregation of Maori and Pacific Island people in the public service, and the findings of the mid-term review “EEO Policy to 2010: Future directions of EEO in the Public Service”. The Committee notes that, based on these findings, the State Service Commission (SSC) developed its “Equality and Diversity: New Zealand Public Service Equal Employment Opportunity Policy”, which took effect from April 2008. The Committee further notes that statistics of 2007 indicate an ethnic pay gap in the public service for Maori, Pacific Island people and Asians of 10, 20 and 10 per cent, respectively. Noting that the SSC will monitor equal employment opportunities across the public service through data collection and analysis of the representation of Maori, women, ethnic and minority groups and people with disabilities, the Committee asks the Government to provide information on the outcome of this monitoring, and on the activities undertaken under the equality and diversity policy to address occupational segregation in the public service.

General measures to promote equality of opportunity and treatment between men and women. The Committee recalls the occupational gender segregation in New Zealand’s labour market and the barriers faced by women relating to their family responsibilities in seeking to return to work at the same level or to access posts of responsibility. The Committee notes from the Government’s reports on this Convention and on the Equal Remuneration Convention, 1951 (No. 100), the continuing efforts undertaken by the Government to promote work–life balance and facilitate the reintegration of women with family responsibilities into the workplace. It notes with interest in particular the adoption of the Employment Relations (Flexible Working Arrangements) Amendment Act, 2007, the Employment Relations (Breaks, Infant Feeding and other Matters) Amendment Act, 2008, the research undertaken by the Ministry of Women’s Affairs (MWA) on occupational segregation which will inform further policies, and the evaluation carried out by the Ministry of Labour of the paid parental leave (PPL) scheme which shows positive outcomes. The Committee also notes that the Government has committed to follow-up on proposals for improvements of the PPL scheme relating to widening its eligibility criteria, increasing its duration and payment levels, and increasing the father’s access to paid leave. The Committee requests the Government to provide information on the results of the MWA study on occupational segregation, and on the follow-up given to the proposals to improve the PPL scheme. The Committee would also be grateful if the Government could indicate more specifically whether the measures aimed at facilitating the reintegration of women with family responsibilities in the labour market have helped them to return to work at the same level or to access posts of responsibility.

Collective agreements and workplace initiatives. The Committee notes that in March 2008, 7.3 per cent of the collective agreements contained EEO provisions covering 18 per cent of employees; 0.8 per cent contained explicit references to Maori, which is down from 2 per cent in 2006. The Committee further notes with interest the results from the 2007 Diversity Survey report, indicating that the percentage of respondents with a strategy or policy-endorsing EEO or diversity continues to increase, with the greatest increase in the private sector. Considering that workplace policies and collective agreements containing EEO provisions can be an important means to achieve the objectives of the Convention, particularly in the private sector, the Committee asks the Government to continue to monitor the progress made in this regard. Please provide information on the lessons learned from the application of EEO policies and collective agreements for improving equality of opportunity and treatment in employment and occupation, in the workplace.