Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 1 and 3(d) of the Convention. Protection against discrimination in the public service. The Committee notes the Government’s indication that there have been no complaints filed against public sector employers for discrimination under the Public Service Code of Conduct. The Government also states that all public officials are expected to read and understand the Code, and that staff may discuss the application of the Code with their Directors or with the Human Resources Manager at any time. The Committee asks the Government to continue providing information on the application in practice of the Public Service Code of Conduct, including on any complaints or disciplinary proceedings under section 13.1(b) of the Human Resources Manual for the Public Service. The Committee also once again asks the Government to provide information on any specific steps taken to raise awareness of the Code’s provisions on non discrimination and harassment among public officials.

Discrimination based on sex. The Committee refers to its previous comments on the extent of the maternity protection afforded under section 7.7(a) of the Human Resources Manual for the Public Service to women who have been employed for less than one year in the public sector. The Committee notes the Government’s indication that the only difference in the applicable regime resides in the fact that women employed for over a year will have their first 30 consecutive days of leave treated as leave with pay, whereas the same entitlement does not apply to a woman who has been employed for less than one year. The Government, however, indicates that this issue was highlighted by women during village consultations on the Manual, and they asked for a review of the policy. The Committee notes that the Government reiterates its statement that the maternity leave policy will therefore be amended when the Human Resource Manual review recommences. Regarding the implementation of the National Policy for Women of Tokelau, the Committee notes the information provided by the Government on the National Women’s Policy and Action Plan (2010–15) which includes, among its eight goals, ensuring equal access for women to formal and non-formal education and training, and equal economic participation for all women. The Committee reiterates its request for information on the practical implementation of the National Women’s Policy and Action Plan (2010–15) and its results in relation to education, training, employment and occupation. The Committee also asks the Government to provide information on any developments concerning the amendment of the Human Resources Manual for the Public Service with a view to ensuring that women employed in the public sector for less than one year have the same level of maternity protection as women employed for more than one year, including protection from dismissal.

Statistics. The Committee asks the Government to provide updated statistics on the distribution and remuneration levels of men and women in the public and private sectors.