Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Papua New Guinea (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication in its report that section 8(4) of the final draft of the Industrial Relations Bill prohibits sexual harassment of an employee or applicant for employment. The Committee notes the Government’s intention to include provisions on sexual harassment at the workplace in its revision of the Employment Act of 1978. The Government also reiterates that, as regards the public sector, the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, without specifying however any concrete steps taken in this respect. The Committee, therefore, repeats its request to the Government to provide specific information on any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Orders. It also hopes that the Industrial Relations Bill will soon be adopted and will include, together with the Employment Act of 1978 once revised, provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment. Please provide information on any progress made in this regard, as well as on awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

Article 1(1)(b). Additional grounds of discrimination. The Committee refers to its previous comments on alleged cases of discrimination in employment and occupation, faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons. The Committee notes that the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the ground of actual or perceived HIV or AIDS status against an employee, or applicant for employment, or in any employment policy or practice. The Committee also notes the adoption of the National Policy on Disability for 2015–25 and its action plan which set as a guiding principle non-discrimination of persons with disabilities in employment. Furthermore, the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, provide for priority action areas which promote equal access and employment for all individuals regardless of disability or HIV status. The Committee requests the Government to indicate the measures taken to address cases of discrimination faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons, in the context of the National Public Service’s GESI policy and action plan and the National Policy on Disability for 2015–25, as well as on the results achieved by such measures. Please also provide concrete information on the activities of the National AIDS Council Secretariat provided for under the HIV and AIDS Management and Prevention Act No. 4 of 2003.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. Referring to its previous comments on the measures taken or envisaged to improve women’s access to credit, loans and land, in particular for those in rural areas, the Committee notes that the Government continues to indicate that further developments regarding access of rural women to particular occupations will be communicated once the Department has received information in this regard. It notes that, as highlighted in the Decent Work Country Programme for 2013–15, which has been extended until 2017, women are still concentrated in rural informal and subsistence work. The Committee urges the Government to indicate specific measures taken or envisaged to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to exercise occupations on an equal footing with men. Please also provide specific information on the measures taken to increase the access of rural women to income-generating opportunities, as well as on the results achieved by such measures.

Article 3(e). Access to vocational training and education. The Committee notes that the Government continues to indicate in general terms that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and that women are encouraged to participate and be involved in all opportunities. The Government further indicates that a Gender Equity in Education Policy and Strategic Plan for 2009–14 has been developed so that no student in the education system is disadvantaged on the basis of gender. The Committee notes that, in the framework of the Universal Periodic Review, the Government indicated that while, since 2012, it has abolished tuition fees for universal primary education and subsidized secondary and tertiary education, enrolment rates for men and boys continue to be higher than women and girls, particularly in secondary education (A/HRC/WG.6/25/PNG/1, 3 May 2016, paragraph 61 and A/HRC/33/10, 13 July 2016, paragraph 33). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee requests the Government to provide information on the specific measures taken or envisaged to improve the participation rates of women and girls in vocational training and education. It further requests the Government to provide information on the measures taken in the framework of the Gender Equity in Education Policy and Strategic Plan for 2009–14 in order to promote gender equality in vocational training and education, as well as on the results achieved by such measures.

Article 5. Special measures of protection. For a number of years, the Committee has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978, prohibiting the employment of women, inter alia, in heavy labour and night work. The Committee notes that the Government does not provide new information in this regard. It trusts that the Government will take the opportunity of the process of the revision of the Employment Act of 1978, to take the necessary measures to amend sections 98 and 99 of the Act, so as to allow women access to employment on an equal footing with men and to ensure that protective measures for women are limited to maternity protection. It requests the Government to provide information on any progress made in this regard.

Statistics. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, the Committee once again urges the Government to compile and analyse statistics disaggregated by sex and ethnic origin, on the participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors.

Enforcement. The Committee notes that the Government once again indicates in general terms that no further progress has been made regarding judicial and administrative decisions concerning discrimination in employment and occupation. Recalling that the absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing the principle, and the general public. Please continue to provide information on any judicial and administrative decisions, as well as cases of violations reported to or detected by the labour inspectors regarding discrimination in employment and occupation.