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

Individual Case (CAS) - Discussion: 2026, Publication: 114th ILC session (2026)

Discussion by the Committee

Chairperson – The third case we will turn to today concerns the application of the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), by Papua New Guina. We have ten speakers on the list for this case. Exceptionally, the Officers of the Committee accepted that the Government representative, and the employers’ and workers’ representatives of Papua New Guinea participate in the discussion remotely, by Zoom. I understand that it is currently 1 a.m. in the country, so this Committee thanks all the representatives connected for providing their statements. I first invite the Government representative of Papula New Guinea, the Secretary of the Department of Labour and Industrial Relations, to take the floor.

Government representative – Since this is the first time that the Government of Papua New Guinea takes the floor before this respectful Committee, I would like to start my intervention by congratulating you, Madam Chair, on your appointment to lead this important ILO supervisory body. Likewise, allow me to congratulate this Committee on its 100th Anniversary. The role that this Committee has played in facilitating tripartite discussion on international labour standards is invaluable and unique in the international system. I would also like to express our Government’s sincere gratitude to the ILO for the continuous collaboration and comprehensive support in different critical areas to effectively complying with the international labour Conventions ratified by Papua New Guinea. I would also like to acknowledge the existing partnerships with the European Union and the Government of Australia that allow us to further enhance employment opportunities for all, while promoting respect for international labour standards and good labour governance.

Under the European Union’s funded Support to Rural Entrepreneurship, Investment and Trade (STREIT) project, since 2020, the Government of Papua New Guinea has been able to improve the rural livelihoods of many communities living in the East and West Sepik Provinces of Papua New Guinea, enhancing sustainable production and inclusiveness of the cocoa, vanilla and fisheries’ value chains. With the support of the ILO, the Government has been able to improve market access for women and men working as farmers and generate employment, including for women and youth, through transport infrastructure.

In 2025, Papua New Guinea concluded a partnership with the Government of Australia for the implementation of a three-year project, which has the overarching goal to strengthen labour market governance to support decent work, social justice, gender equality and inclusive economic growth. This project is built around three independent objectives. Firstly, to strengthen the labour administration systems by modernizing labour legislation in line with international labour standards and improving the capacity of labour institutions to enforce those laws. Secondly, to improve labour market information for evidence-based policy-making by addressing gaps in labour statistics. And thirdly, to strengthen social dialogue by creating an enabling environment for effective tripartite dialogue, including by enhancing the National Tripartite Consultative Council and strengthening the capacity of social partners.

Papua New Guinea is a country of over 10 million people (approximately 50 per cent of them are women), and the majority of them live in rural areas. Our country is also home to over 840 different languages, making it the most linguistically diverse country on earth.

Papua New Guinea has been a Member of the ILO since 1976 and has ratified 29 Conventions, including eight of the ten fundamental Conventions. One of the latest Conventions ratified in 2023 was the Violence and Harassment Convention, 2019 (No. 190), which in our country represents a big milestone to protect all workers, particularly women, against any action that could affect their physical and mental integrity. Our Government attaches special importance to social dialogue with the Papua New Guinea Trade Union Congress (PNGTUC) and the Employers Federation of Papua New Guinea (EFPNG), which has contributed to embarking our country on an ambitious process of reform of our labour laws and institutions, as I will mention during my intervention.

While Papua New Guinea has been facing enormous challenges in terms of resources and capacities, which has inevitably resulted in delays to complying with ILO reporting obligations, over recent years, our Government, with the support of the ILO, has been able to progressively bring up to date the submission of reports due to the Committee of Experts.

The Government takes due note of the observation and direct request adopted by the Committee of Experts in 2025 in relation to Conventions Nos 100 and 111. In relation to these comments, allow me to make the following points.

The Government of Papua New Guinea wishes to reiterate that it is fully committed to implementing the necessary labour reforms, including in relation to the 1978 Employment Act and the 1962 Industrial Relations Act, to ensure that they are aligned with ILO Conventions ratified by our country and responsive to the current realities of our labour market. In this regard, the Government has agreed to prioritize reforms aimed at ensuring equality of opportunities for women and eliminating provisions that have been considered discriminatory under Conventions Nos 100 and 111, and at ensuring effective protection against violence and harassment. Other key areas of reform include protection against child labour and protection against unfair dismissal. These priorities also align with our Government’s commitment under the United Nations Sustainable Development Cooperation Framework (UNSDCF) 2024–28 to enhance gender equality and the empowerment of women by supporting the development of new gender-responsive laws and policies and strengthening capacities of relevant government departments and ministries in gender-responsive planning, budgeting, monitoring and reporting.

In 2025 and 2026 the Government benefited from capacity-building on international labour standards, including on the fundamental ILO Conventions Nos 100 and 111, as well as Convention No. 190. We thank the ILO for allowing Papua New Guinea to receive, in 2025, a mission composed of ILO specialists from Geneva, Bangkok and Fiji, which helped the Government to better understand its obligations under ratified ILO Conventions. Following that mission, the Government agreed to work on the review of the Employment Act to address concerns expressed by the Committee of Experts under Conventions Nos 100, 111 and 190, including the recognition of the principle of equal pay for work of equal value and protection against violence and harassment, and against discrimination.

Papua New Guinea is also working with the ILO to develop a national wage policy, and the Government is committed to ensuring that the principle of equal pay for work of equal value is respected in that process. A landmark achievement was the approval of a significant increase in the national minimum wage. This outcome was supported by the ILO through targeted technical assistance and capacity-building provided to tripartite constituents and the Minimum Wages Board. The reform was developed through a transparent and inclusive process led by the Department of Labour and the re-established Minimum Wages Board, with active participation from employers, workers and Government representatives. Likewise, with the support of ILO Occupational Safety and Health specialists, the Government has developed a first draft of its National Occupational Safety and Health Policy. A final consultation on the revised draft policy is scheduled for 18 June 2026, after which the policy will be submitted to the National Executive Council (NEC) for approval.

The Government has agreed on the establishment of a Tripartite Law and Policy Reform Working Group. This mechanism will allow tripartite constituents to together identify and agree on areas of labour law reform, discuss proposed legislation and monitor progress. The Office of the State Solicitor will serve as the key legal advisor of this group, with participation from other relevant stakeholders as required. The Terms of Reference (TOR) for the Tripartite Working Group have been finalized and will be presented for endorsement by all tripartite constituents on 19 June 2026. Important pieces of legislation to be discussed within this Tripartite Working Group include the Employment Act, the Industrial Relations Bill, the Occupational Safety and Health Bill and the Workers’ Compensations Bill. Once again, we thank the ILO for its support in setting up this important Tripartite Working Group.

In addition to the labour reform, the Government is key to modernizing its labour inspection system. With the support of the ILO, the Government is going to undertake an assessment of existing operational procedures and mechanisms considering the requirements of the Labour Inspection Convention, 1947 (No. 81), ratified by Papua New Guinea in 2023. Given that most of the labour force in Papua New Guinea is concentrated in rural areas, the Government will welcome the ILO’s support and advice on how to ensure the presence and effective functioning of labour inspection in critical sectors of the economy such as agriculture and mining.

The Government has also initiated work towards the development of its first labour force survey. This survey will provide an updated picture of the existing size and distribution of the labour market force, disaggregated by gender. This will facilitate informed policy-making aimed at strengthening decent work opportunities for women in Papua New Guinea. The ILO has supported the development of a comprehensive Labour Force Survey road map and provided technical assistance on survey methodology, international labour statistics standards, Computer-Assisted Personal Interviewing (CAPI) and survey instrument development. This support will help generate key labour market data aligned with international statistical standards.

In relation to the review of pieces of legislation that are not under the mandate of the Department of Labour and Industrial Relations, such as the Public Service (Management) Act and the Teaching Service Act, we are committed to engaging with the relevant government agencies to take steps in advancing the necessary reforms in a coordinated manner.

Therefore, given the aforementioned points, Papua New Guinea requests the continuation of ILO technical assistance for the labour reforms in our country. Let me finalize my intervention by reiterating the commitment of the Government of Papua New Guinea to respect international labour standards and the mandate of the ILO, and we welcome the advice provided by other members of this Committee.

Employer members – At the outset, the Employer members recall that Papua New Guinea ratified both Conventions in 2000. We also note that while the Committee of Experts has examined the application of these Conventions individually on several occasions, this is the first time that this case has been discussed by this Committee. We also appreciate the appropriate consideration of Conventions Nos 100 and 111 together, given their close connection in practice. We therefore welcome the opportunity to engage in a constructive and practical discussion on this.

The Employer members welcome the Papua New Guinea Government’s ongoing labour law reform process, which includes indications that a number of priority labour laws have been identified for review, including the Industrial Relations Bill and the Employment Act of 1978. We note positively the Government’s genuinely expressed intention to seek ILO technical assistance, as well as the support being provided through the current ILO cooperation projects. This is an important legal basis for progress as it shows that there is, in fact, a process under way and that the Government has taken the opportunity to address the concerns raised by the Committee of Experts in a coherent and structured manner. At the same time, from the Employer members’ perspective, it is essential that labour law reforms be predictable, coherent and capable of being implemented in practice.

Enterprises, particularly small businesses, need legal certainty. They need to understand clearly what their obligations are, how these obligations are to be applied and what practical steps are expected from them. Reforms that are unclear, overlapping or difficult to interpret can create unintended compliance burdens, discouraging formalization, increasing uncertainty for enterprises and ultimately weaken job creation and effective protection. For this reason, the Employer members emphasize that the reform process should be grounded in meaningful tripartite consultation, supported by clear guidance and communication and designed in a way that is proportionate and adapted to national capacity and labour market realities.

Turning first to Convention No. 100, the Committee of Experts has raised concerns regarding the need for comprehensive protection against discrimination, including protection against both direct and indirect discrimination across the broad range of prohibited grounds. The Employer members take note of those concerns.

We also note the issue raised in relation to specific provisions in the public service, including provisions allowing posts to be advertised for male or female candidates in particular proportions and rules on family allowances that may treat female officials or teachers differently depending on their status as breadwinners. These issues point to the need for greater coherence across the legislative framework. For context, the Employer members observe that effective compliance with non-discrimination principles depends not only on the law itself but on how the law is applied in practice. Local employers will be guided by clear definitions of prohibited conduct and they need practical examples of what compliance requires.

They also need accessible mechanisms for guidance, prevention and dispute resolution. This is particularly important for smaller enterprises, which often do not have dedicated legal or human resource departments. Without practical support, even well-intentioned legislation may create uncertainty or inconsistent application. The Employer members, therefore, stress the importance of complementing legal reform with practical tools, awareness-raising and institutional support. Legal obligations must be understandable, operational and capable of being applied by enterprises in these real workplace settings.

Turning to Convention No. 111, the key issue remains the implementation of the principle of equal remuneration for men and women for work of equal value. The Committee of Experts has reiterated its request that the relevant labour legislation define remuneration comprehensively and reflect the principle of equal remuneration for work of equal value and not merely equal pay for the same or similar work. From the Employer members’ perspective, this is one of the most technically complex aspects of this case. The concept of work of equal value goes beyond equal remuneration for identical jobs. It may require the comparison of different jobs on the basis of objective criteria such as skills, responsibility, effort and working conditions.

In practice, this could raise important questions for enterprises. How should jobs be evaluated in a consistent and objective manner? What methodologies should be used? How can they be applied in small enterprises with limited administrative capacity? And how can the system ensure fairness without creating excessive complexity?

These are not simply abstract questions, as they determine whether the principle will be applied effectively in practice. The Employer members, therefore, emphasize that implementation of this principle must be accompanied by practical and sector-relevant guidance. It should also be supported by capacity-building for enterprises, labour administration and other relevant institutions. Employers are committed to fair and equitable workplaces. But jurisdictions like this cannot be expected to implement complex legal concepts without the necessary tools, guidance and institutional support. This is especially so as the Committee of Experts has referred to broader structural changes including persistent gender inequalities in labour market participation, and empowerment and addressing these challenges requires a balanced and realistic approach.

Enterprises are key partners in promoting equality in the world of work, yet they naturally operate within these broader economic and social contexts. Measures to advance equality, therefore, go hand in hand with efforts to promote employment opportunities in the formal economy, encourage entrepreneurship and support business sustainability. In conclusion, the Employer members welcome the ongoing engagement between the Government of Papua New Guinea and the ILO. I am also pleased to advise of Australian Government work to support the Papua New Guinea administration on matters directly affecting the following:

• The Australian Government is supporting a three-year $6.5 million project with the ILO and the Department of Labour and Industrial Relations to strengthen labour governance in Papua New Guinea. It includes reviewing and updating key labour legislation and improving labour data collection.
• Tripartism is a fundamental pillar of that project, and I am advised that it is supported by the Papua New Guinea Government as we have heard, the Employers’ Federation of Papua New Guinea and the Papua New Guinea Trade Union Congress.
• This is a great example of a constructive capacity-building project designed to update core labour laws and provide an enduring foundation for sustainable compliance with international labour standards.

Finally, the Employer members’ objective to have a legal and institutional framework that promotes equality, provides clarity to enterprises, protects workers effectively and supports sustainable economic activity is very clear. As employers, we will remain ready to support constructive, practical and tripartite efforts towards that objective. We consider that this case presents a real opportunity to achieve tangible progress through constructive, tripartite dialogue.

Worker members – This is the first time we have discussed the case of Papua New Guinea and its obligations under Conventions Nos 100 and 111. These two fundamental Conventions are essential elements of the ILO’s normative framework. Together they enshrine the principles of equality of opportunity and treatment, prohibit discrimination in employment and occupation and require equal remuneration for men and women for work of equal value. Their effective application is indispensable to sustainable development and to elements intrinsic to the ILO’s mandate, namely decent work and social justice.

And that application requires continuous effort as we repeated in the conclusions of the Committee of the General Survey in 2023 when we agreed upon the urgency of eliminating discrimination in employment and occupation. Papua New Guinea ratified both of the Conventions under discussion in 2000, and in doing so it undertook clear and binding obligations to give effect to their principles in law and in practice. Yet as documented by the Committee of Experts, serious concerns persist regarding compliance with both instruments. The Employment Act of 1978 remains outdated and fundamentally inconsistent with the Conventions, while the Industrial Relations Bill remains unenacted despite 20 years of discussion, depriving workers of protections that should have been guaranteed long ago. According to the United Nations Development Programme (UNDP), Papua New Guinea has some of the highest rates of gender inequality in the world.

Women and girls face significant barriers to accessing education. According to the United Nations Children’s Fund (UNICEF), only 47 per cent of girls attend primary school and only 17 per cent of girls attend secondary school. Women are also far less likely to participate in the formal workforce than men. World Bank figures show only 20 per cent of women participating in the labour force compared to 75 per cent of men. The gulf between these numbers show how far we still are from gender equality in the country.

We recall that the principle of equal remuneration for work of equal value, according to the Convention, requires the establishment of objective mechanisms capable of both identifying and addressing gender-based wage disparities. In the case of Papua New Guinea, the legal framework does not ensure the full application of the concept of work of equal value, particularly beyond situations involving identical or similar work. The absence of comprehensive job evaluation methods based on objective criteria such as required skills, responsibilities, effort and working conditions, significantly hampers the Convention’s effective implementation. Furthermore, there is little reliable data enabling an assessment of wage differentials between women and men. Without such data it is impossible to measure progress or identify structural discrimination or design corrective policies.

We must stress that reliable data is an essential component of compliance with Convention No. 100 in practice. Turning to Convention No. 111, we are deeply troubled that discrimination in employment and occupation persists in law and practice, including on grounds covered by the Convention. For example, and as noted by the Experts, legislation still allows for job candidates to be appointed, promoted or transferred in particular proportions regarding gender and other categories. The Committee of Experts has underlined the need for a comprehensive and coherent legal framework which explicitly prohibits discrimination on all grounds listed in Article 1 of Convention No. 111 and provides effective remedies. In Papua New Guinea, gaps remain in ensuring that anti-discrimination protections are clearly articulated, enforceable and accessible to all workers.

Equally troubling is the limited effectiveness of enforcement mechanisms. Weak enforcement renders rights illusory, particularly for workers in vulnerable situations. These shortcomings have real, tangible consequences for workers in Papua New Guinea, particularly for women and for those facing multiple and intersecting forms of discrimination. Gender-based wage inequality entrenches poverty, limits economic autonomy and reinforces structural disadvantages. Discrimination in access to employment, training, promotion and remuneration undermines workers’ dignity and violates the very essence of the ILO’s mandate.

We recall that formal equality is not sufficient. What is required is substantive equality, achieved through proactive measures, effective enforcement and genuine social dialogue. We, therefore, fully align ourselves with the observations and requests of the Committee of Experts. In particular, we stress the need for the Government of Papua New Guinea to bring, without further delay, its legislation fully into line with these Conventions explicitly incorporating the principle of equal remuneration for work of equal value and comprehensive prohibitions on discrimination by revising the Industrial Relations Bill and the Employment Act and to engage in meaningful consultation with the social partners in line with the ILO’s tripartite principles to design and implement these reforms.

The heart of this case is simple. Papua New Guinea’s commitments must translate into concrete results for workers. The issues raised by the Committee of Experts have remained unresolved for far too long with the first observations on this case dating back 15 years and more. Both Conventions Nos 100 and 111 are part of the fundamental principles and rights at work and are essential to achieving social justice. We, therefore, look forward to hearing from the Government today on the specific measures it intends to take within a clear and realistic time frame in the interests of equality, dignity and social justice for all workers in Papua New Guinea.

Employer member, Papua New Guinea – I speak on behalf of the Employers’ Federation of Papua New Guinea (EFPNG), who is recognized as the most representative group for the employers in my country. The Federation recognizes the Papua New Guinea Government’s ratification of both Convention No. 100 on equal enumeration and Convention No. 111 on discrimination and had looked forward to the work that would be undertaken to change our laws and policies. A lot of work on reviewing the Employment Act and a number of labour laws was done between 2010 and 2018. However, the work on the Employment Act was not endorsed by the Government and therefore our Employment Act remains unchanged.

The law remains the same with no change. The business sector is the backbone of the country’s economic development. We pay our taxes to Government. We provide employment and job security for the workforce in Papua New Guinea. Businesses continue to operate within the laws that exist in the country.

Companies who are owned by multinational corporations bring into the country good workplace practices which are written into their respective company policies and applied. Matters like discrimination and harassment are addressed through policy at the workplace. Admittedly, not all companies have these policies and we recognize these gaps. We also place on record that an employer cannot stigmatize or discriminate a worker based on his or her HIV or AIDS status under the HIV/AIDS Management Prevention Act of 2004. This Act offers protection to this vulnerable worker at the workplace.

Maternity leave provisions in the private sector comprise unpaid leave for female workers. The Federation has actively engaged with the Department of Justice who led a campaign to establish paid maternity leave in the country. The public consultations were conducted in 2023 and 2024 and that report and its findings will be tabled in Parliament for endorsement. Should this endorsement occur, then women workers in the private sector will be automatically entitled to paid maternity leave. The current Employment Act does not provide for paid maternity leave.

The Federation, through a number of industry trade unions, has negotiated for paid maternity leave and these industrial agreements make provision for that. Again, these industrial agreements only cover members under the different trade or sector unions and the Federation. So, there is no universal coverage. If the Employment Act review proceeds, then this is one provision that must be amended immediately as it discriminates women in the private sector who are on unpaid maternity leave, whereas women in the public service and those under industrial agreements receive paid maternity leave. I state on record that we do have good employers who applied paid maternity leave for their female employees and carry that payment as a cost to their business.

In Papua New Guinea, women make up 50 per cent of the workforce. This is a testament to recognizing women at school and at the workplace. Women are breadwinners. A call for urgent action to amend our Employment Act is real.

I shall give some examples in relation to the current law. For example, it does not allow women to work after 6 p.m., nor does it allow for women to work underground in the mining sector. The reality is that we find women working in jobs after 6 p.m. in the hospitality and hotel industry. In the mining sector, we find women who are technical experts and/or supervisors in their field, working underground with male colleagues. Should these women be told that they cannot work in that occupation because of an old, outdated law that says that they cannot? We, the Federation, give our full commitment to the work the Government is doing to improve labour law, workplace practice and policy.

We are also informed of the Australia–Papua New Guinea bilateral arrangement which is in place to address labour law governance in the country. Under this bilateral arrangement, the Australian Government has provided funding support, and the ILO will provide its usual technical support and resources to this programme. This is a three-year programme and we are available and engaged in this process. The Federation reiterates its commitment to support our Government, ensuring that laws, policies and practices are reviewed and amended where needed. The Conventions ratified are our guide and we must aspire for greater things for our future workforce and employers. There is work to be done. That concludes my statement.

Worker member, Papua New Guinea – Papua New Guinea ratified Conventions Nos 100 and 111 more than 25 years ago. Yet, despite these commitments, workers are still waiting for these fundamental rights to be fully reflected in national legislation and effectively enforced in practice in Papua New Guinea. I must express workers’ deepest frustration and disappointment at the Government’s continued failure to deliver labour law reform that has been promised for decades. The Committee of Experts has repeatedly identified the same shortcomings. Workers have repeatedly demanded action. Successive governments have repeatedly assured the Committee of Experts that reform was imminent. Yet after more than a quarter of a century, workers continue to face the same legal gaps, the same inadequate protections and the same unfulfilled promises by the Government of Papua New Guinea.

The situation under Convention No. 100 is particularly troubling. The Employment Act of 1978 remains outdated and fundamentally inconsistent with the Convention. It prohibits unequal pay only for the same work and fails entirely to recognize the core principle of equal renumeration for men and women for work of equal value. This is not a technical deficiency. It is a serious denial of rights.

The absence of this principle has real and lasting consequences for working women throughout Papua New Guinea. Women continue to be concentrated in lower-paid occupations, remain under-represented in higher-paying sectors and face structural barriers that limit their economic opportunities in the country. Without legal recognition of equal renumeration for work of equal value, gender-based wage discrimination remains hidden, difficult to challenge and even more difficult to remedy. The Government has informed the ILO for many years that legislative reforms are under consideration. However, workers cannot be expected to live on promises.

Rights delayed for decades are rights denied today and in future. The Industrial Relations Bill has been discussed, revised, reviewed and referenced for many years. We have heard repeatedly that it will address these gaps in compliance with international labour standards, yet the Bill remains unenacted and workers continue to be deprived of protection that should have been guaranteed a long time ago. Therefore, the workers of Papua New Guinea, through the Papua New Guinea Trade Union Congress, are asking a simple and legitimate question. How many more years must workers wait for rights that were promised 25 years ago by the Government of Papua New Guinea?

At some point in time, repeated assurances can no longer be considered progress. The Government cannot continue presenting draft legislation as evidence of compliance with workers’ demands and ILO commitments, while workers remain without actual legal protection. Workers measure progress not by consultations, discussion or draft texts. We measure progress by laws enacted, rights protected and remedies available in practice. The situation under Convention No. 111 is equally concerning.

Despite constitutional guarantees, Papua New Guinea still lacks comprehensive anti-discrimination legislation covering all aspects of employment and occupation. Workers continue to face discrimination without adequate legal protection and without effective remedies in place. There remains no comprehensive legal framework prohibiting discrimination in recruitment, hiring, promotion, training, renumeration, working conditions, career advancement or termination of employment. There remains no effective legislation framework capable of preventing workplace discrimination and ensuring accountability when violations occur. Sexual harassment continues to be inadequately regulated.

Outside of public service and in the private sector, many workers, particularly women, remain vulnerable and insufficiently protected. No worker should ever have to choose between earning a livelihood and enduring harassment in the workplace. Persons with disabilities continue to face significant barriers to employment and equal participation in the labour market. Workers living with HIV/AIDS continue to face stigma, prejudice and discrimination. Other vulnerable groups continue to lack comprehensive legal safeguards.

The absence of effective legislation sends a troubling message that equality remains an aspiration rather than an enforceable right in Papua New Guinea. We are also concerned by the persistent lack of data concerning wage inequality and workplace discrimination in Papua New Guinea. The Government frequently points to the limited number of complaints or court decisions. However, the absence of complaints must never be interpreted as absence of discrimination.

Workers often remain silent because they fear retaliation, dismissal, victimization, blacklisting or because they lack confidence that existing mechanisms will provide effective remedies. When women remain under-represented in formal employment, when occupation certification persists and when legal protections remain incomplete, it is impossible to conclude that equality has been achieved simply because violations are under-reported. Silence does not prove equality. More often it reflects fear, vulnerability and lack of confidence in enforcement mechanisms.

I wish to emphasize that the challenge before us is not lack of guidance. The Committee of Experts has repeatedly explained what measures are required in consultation with the workers’ and employers’ groups in Papua New Guinea and the Government of Papua New Guinea. What is missing is the political will to transform commitments into concrete legal protection for workers. Twenty-five years after ratification, workers should not still be hearing that the reforms are under consideration. The time for action is now.

The workers of Papua New Guinea, therefore, call upon the Government to: urgently amend the Employment Act to fully incorporate the principle of equal remuneration for men and women for work of equal value, in accordance with Convention No. 100; finalize and enact the Industrial Relations Bill without further delay and ensure its full conformity with international labour standards; adopt comprehensive anti-discrimination legislation covering all aspects of employment and occupation in accordance with Convention No. 111; strengthen enforcement mechanisms and access to effective remedies for victims of discrimination and unequal remuneration; collect and publish reliable data on wage inequality, discrimination and workplace harassment; and finally, engage genuinely and meaningfully in social dialogue with workers’ organizations through the reform process.

The workers of Papua New Guinea are not asking for special treatment. We are asking for the implementation of commitments that the Government of Papua New Guinea voluntarily accepted more than 25 years ago. Ratification carries responsibilities that cannot remain on paper. Workers have waited long enough. The Government must now move beyond promises and deliver concrete results for the workers and people of Papua New Guinea.

Worker member, Australia – We recall that the ILO adopted Convention No. 100 in 1951, establishing the principle of equal pay for work of equal value, and Convention No. 111 in 1958 to promote equality of opportunity and treatment in employment and occupation. Together these instruments have been effective tools for many countries around the world to redress long-standing inequalities in the gender division of labour, advance women’s economic inclusion and narrow gender pay gaps. It is commendable that Papua New Guinea ratified both Conventions in 2000 signalling its commitment to addressing the history of marginalization of women.

However, significant structural barriers persist today. Deeply entrenched patriarchal norms and both explicit and implicit biases continue to sustain occupational segregation while the long-standing undervaluing of work performed predominantly by women remains unaddressed. These structural distortions are evident in labour market outcomes. Women are significantly under-represented in waged and salaried employment, and disproportionately concentrated in low paid and undervalued sectors. According to ILO-modelled estimates in 2025, only 14.5 per cent of women were engaged in waged and salaried employment compared to 27.6 per cent of men.

Even within the formal economy, women continue to face systemic constraints including workplace harassment, unequal remuneration and limited career progression indicating that formalization alone has not eliminated gender-based disparities. Against this backdrop the Government’s prolonged failure to advance labour law reforms has weakened confidence in its stated commitment to equality and non-discrimination. The persistence of legislative provisions permitting gender specific job advertising and the discriminatory application of breadwinner concepts further institutionalized gender divisions of labour and fall short of international standards. Addressing these issues is both a rights imperative and an economic necessity: reducing gender-based inequities in pay and employment enhances labour market efficiency, strengthens productivity and supports sustainable growth. We therefore urge the Government to prioritize gender equality in the ongoing labour law reform process by ensuring that the Industrial Relations Bill and the revised Employment Act comprehensively prohibit direct and indirect discrimination on all relevant grounds including race, gender, religion and political opinion, and explicitly guarantee equal remuneration for work of equal value in full conformity with international standards.

Worker member, Philippines – The time has come to bring those promises safely to the shores of the nation of islands. I have the honour to speak on behalf of the workers’ delegation of the Philippines. A popular song reminds us that no man is an island. Neither should any woman worker be left alone to confront discrimination, violence and inequality. We thank the Committee of Experts for its observations concerning the application of these two Conventions by Papua New Guinea.

The workers of the Philippines stand in solidarity with the workers of Papua New Guinea, particularly women workers who continue to face discrimination both in society and in the workplace. Significant gaps remain in the implementation of these two Conventions. Workers cannot live on promises alone. Equality delayed is equality denied. The situation of women remains particularly concerning according to the United Nations Development Programme (UNDP) Gender Inequality Index. Papua New Guinea ranks 151st out of 166 countries. More than two thirds of women are estimated to have experienced intimate partner violence, while cases of violence related to sorcery accusations disproportionately targeting women and girls continue to rise. Women are also under-represented in decision-making. Of the 118 members currently serving in Parliament, only three are women. The average Papua New Guinea woman receives only about four years of schooling and less than half participate in the labour force.

These figures reveal barriers that begin in the home, continue in education and follow women into the workplace. Against this backdrop, it is disappointing that important legislative reforms remain pending. The Committee of Experts recalls that the Government indicated that section 8 of the proposed Industrial Relations Bill would prohibit direct and indirect discrimination on grounds protected under these two Conventions, and that discriminatory provisions of existing legislation would be reviewed. Yet these reforms remain unfinished. The Industrial Relations Bill appears to have been waiting in Parliament longer than many workers have been waiting for equal treatment.

We are likewise concerned by provisions identified by the Committee of Experts that permit gender-based distinction in appointment, promotions and transfers in the public service, as well as provisions requiring women workers to prove they are the family bread winners before they are entitled to benefits and allowances. Equality should not depend on marital status, nor should women have to prove their eligibility for rights already enjoyed by men. We are also deeply concerned by reports of sexual harassment highlighted by the Papua New Guinea Trade Union Congress (PNGTUC). Sexual harassment is not merely workplace misconduct. It is a form of discrimination and violence that undermines dignity, equality, safety and decent work.

We therefore call upon the Government to ensure prompt investigations, effective sanctions against perpetrators and meaningful remedies and protection for victims. In solidarity with our sisters and brothers in Papua New Guinea, we respectfully urge the Government to, first, finalize and enact the Industrial Relations Bill without further delay. Second, adopt comprehensive anti-discrimination legislation covering all aspects of employment and occupation. Third, repeal or amend laws and practices that directly or indirectly discriminate against women. Fourth, strengthen measures to prevent and remedy workplace sexual harassment and gender-based violence. And, lastly, promote the full participation of women in education, employment, trade unions, public service and political life.

Government representative – In response to the concerns and remarks made by the members of the Committee, I would like to provide the following points. First of all, the Government takes note of all the comments provided and, as a responsible Government, Papua New Guinea reaffirms its commitment to upholding the fundamental principles as prescribed in Conventions Nos 100 and 111. The Government welcomes the positive comments by the Employer spokesperson, in particular on the law reforms to address issues raised in Conventions Nos 111 and 100, and is committed to taking those comments onboard. The reforms will be tripartite, to give impetus to the position of all parties in the process from the start to the end.

The provisions of equal pay for work of equal value will be taken into full consideration, as highlighted by the Committee of Experts in the reform process of the Employment Act. We acknowledge and thank the Australian Government for the labour governance project, designed to update our core labour laws in accordance with international labour standards. We also acknowledge the concerns of the workers at the outdated labour laws and disparities between men and women with regard to wages, employment and other sectors. However, these are areas that the labour law reform process will address. Let me reaffirm to this Committee that the Employment Act and the Industrial Relations Bill are the principal pieces of legislation that will be addressed through the reforms in the coming months.

Again, let me reassure this Committee, as well as the Workers and Employers, that while there are issues and challenges in our workplaces, we remain firmly committed to the reform process. These reforms are aimed at improving workplace practices, enhancing conditions of work, and promoting better employment outcomes for all stakeholders. Papua New Guinea will provide further updates on the progress made relating to the concerns raised in its next reporting period to the ILO.

Worker members – Fellow Committee members, we thank all the participants in this discussion on the application by Papua New Guinea of Convention Nos 100 and 111. The exchanges held in this Committee have once again demonstrated the fundamental importance of these two Conventions which are central to the ILO’s mandate and to the realization of equality and social justice in the world of work. They have also confirmed that, despite long-standing engagement by the supervisory bodies, serious and persistent shortcomings remain in both law and practice.

The discussion has been firmly grounded in the comments of the Committee of Experts. Those comments are clear and consistent, and have been stated time and time again over successive reporting cycles. With respect to Convention No. 100, the Committee of Experts has emphasized repeatedly that Papua New Guinea has not yet ensured the full and effective application of the principle of equal remuneration for work of equal value. The continued absence of comprehensive legal provisions explicitly reflecting this principle, together with the lack of objective job evaluation mechanisms based on neutral criteria, continues to weaken the Convention’s impact in practice. For as long as the concept of work of equal value is not fully embedded in legislation and operationalized through concrete tools, structural wage inequalities, particularly those affecting women, can be neither identified properly nor remedied effectively.

Equally, we underlined the concern regarding the insufficient availability of reliable and disaggregated wage data. Without such data it is not possible to assess the existence or extent of gender-based pay gaps nor to evaluate progress over time. Transparency and data collection are indispensable elements of effective supervision and policy-making. Their continued absence represents a serious obstacle to the implementation of Convention No. 100 and undermines efforts to achieve substantive equality in remuneration. The discussion has confirmed, with regard to Convention No. 111, that discrimination in employment and occupation remains insufficiently addressed. Weaknesses persist in enforcement mechanisms and in access to effective remedies.

Where protections are incomplete or poorly enforced, workers are left without real recourse to remedy, and discriminatory practices are allowed to continue unabated. For those workers who already face structural disadvantages and who are least able to defend their rights, this can be seriously harmful. We listened carefully to the information provided by the Government during this Committee’s discussion, and we thank it. We acknowledge the expressions of intent and the references to ongoing or planned measures. However, this Committee must be crystal clear that general assurances are no substitute for concrete and measurable action.

The fact that the same concerns continue to be raised year after year indicates that the measures taken to date have not been sufficient to bring about meaningful change. This suggests a structural implementation gap that requires determined, sustained and coordinated efforts to ensure change. The conclusions adopted by this Committee must therefore accurately reflect the seriousness and persistence of the issues identified. Equality and non-discrimination are not optional policy objectives. They are binding obligations voluntarily assumed by Papua New Guinea upon ratification of Conventions Nos 100 and 111.

These obligations require not only formal legal alignment but also effective implementation in practice, supported by enforcement, monitoring and genuine social dialogue. Therefore, we call upon the Papua New Guinea Government to without delay:

• take all necessary steps in consultation with the most representative workers’ and employers’ organizations to bring laws into line with the requirements of Conventions Nos 100 and 111 and ensure their enforcement;
• ensure that both the Industrial Relations Bill and the revision of the Employment Act of 1978 contain a definition of remuneration that includes the ordinary, basic or minimum wage or salary and any additional emoluments, and provide for equal remuneration for men and women for work of equal value in conformity with the Convention;
• take the necessary measures to review or amend the Public Services Management Act, General Order No. 20, as well as section 137 of the Teaching Services Act, to bring them into conformity with the Convention;
• make provisions to collect the data necessary to assess and address disparities in pay for work of equal value;
• provide detailed information on concrete measures taken to give effect to the Conventions and to comply fully with all its reporting obligations under the ILO Constitution;
• call upon and make full use of the technical assistance offered by the ILO.

Our wide experience in this Committee leads us to believe firmly that genuine political will from governments, combined with effective use of ILO technical assistance and constructive engagement with the social partners, leads to tangible and sustainable progress. Therefore, our collective determination is required to ensure that ratified Conventions are fully respected in law and in practice, and to thereby help to guarantee the rights, equality and dignity of workers in Papua New Guinea.

Employer members – The Employer members thank the Papua New Guinea Government for its clear and detailed responses and all the speakers for their genuine interventions. The discussion has confirmed that this case is not only about legal alignment with Conventions Nos 100 and 111 but is also about ensuring that the relevant principles are implemented effectively, coherently and in a manner that works in practice. From the Employer members’ perspective, this case primarily concerns legislative clarity and modernization rather than systemic compliance failures. The ongoing reform process and engagement with the ILO are therefore important opportunities to ensure legal certainty, consistency and balanced interpretation and form a constructive basis for progress here.

We note the legislative gaps identified by the Committee of Experts, including the need for comprehensive protection against discrimination, the review of the provisions that may have discriminatory effects and the incorporation of the principle of equal remuneration for men and women for work of equal value. We also note the statement of the Government today to address these matters through labour law reform and cooperation with the ILO. Progress should be achieved in a way that is clear and predictable. It must also be supported by practical guidance and institutional capacity.

With that, the Employer members wish to highlight their priorities going forward: first, that the Government should undertake tripartite consultation as it sincerely indicated that it would, earlier on with the most representative employers’ and workers’ organizations. The country’s reform process will be effective and sustainable if employers’ and workers’ organizations are fully involved in both the development and implementation of legislative changes. Second, that the Government accompany legislative reform with legislation guidance, tools and awareness- raising that enable enterprises to understand and comply with their obligations. Third, that the ILO continues its role of providing the Government and others with technical assistance, capacity-building and facilitation of true dialogue. To meet these priorities, the Employer members recommend that the Papua New Guinea Government continue in its advancement of labour law reform, in consultation with the social partners who have expressed their support for change and involvement in this discussion today; ensure that anti-discrimination provisions are clear, comprehensive and consistent across legislation; amend provisions that may have discriminatory effects, including in the public service and which the Government spokesman has valuably indicated today are outdated laws; incorporate the principle of equal remuneration for men and women for work of equal value in a manner supported by practical guidance and tools; and continue to work closely with the ILO to ensure effective and sustainable implementation.

In closing, the Employer members reiterate their readiness to support constructive and tripartite efforts aimed at achieving tangible and sustainable progress in the application of these fundamental Conventions.

Conclusions of the Committee

The Committee took note of the written information available and the discussion that followed.

Taking into account the discussion, the Committee requested the Government to:

• advance the ongoing labour law reform process, in consultation with the most representative employers’ and workers’ organizations, with a view to ensuring that national legislation provides comprehensive and coherent protection against discrimination in employment and occupation, including by reviewing or amending provisions with discriminatory effects;
• ensure that the principle of equal remuneration for men and women for work of equal value is clearly reflected in legislation and supported by practical guidance, including a comprehensive definition of remuneration, in order to facilitate effective and predictable implementation in practice.

The Committee requested the Government to continue to avail itself of ILO technical assistance and capacity-building to effectively implement the Committee’s recommendations, and to provide information to the Committee of Experts by 1 September 2026 on the measures taken and the results achieved.

Government representative – Recalling the work of the Committee, wherein Papua New Guinea appeared before it through Zoom to present its case on the issues raised by the Committee of Experts on Conventions Nos 100 and 111, the Government of Papua New Guinea at the outset would like to acknowledge and take note of the conclusions reached, which relate to the following:

• to advance the ongoing labour law reform process, in consultation with the employers’ and workers’ organizations, with a view to ensuring that national legislation provides comprehensive and coherent protection against discrimination in employment and occupation, including by reviewing or amending provisions with discriminatory effects;
• to ensure that the principle of equal remuneration for men and women for work of equal value is clearly reflected in legislation and supported by practical guidance, including a comprehensive definition of remuneration, in order to facilitate effective and predictable implementation in practice.

The Government of Papua New Guinea would like to further acknowledge the opportunity that is offered by the Committee for ILO technical assistance and capacity-building to effectively implement the Committee’s recommendations.

The Government of Papua New Guinea acknowledges the thorough, firm and fair appraisal of those concerns, which largely relate to issues around the processes and practices of employment, wage disparities and segregation, workplace practices and, in particular harassment and violence, all of which are explicitly expressed in the Committee of Experts’ requests to the Government for both Conventions Nos 100 and 111.

In upholding the fundamental principles and rights at work, especially in the context of discrimination and equality at work, the Government reaffirms its commitment to ensure that these issues are addressed in legislation, policy, systems and processes in due course.

The Government further reaffirms its commitment that the principle of equal remuneration for men and women for work of equal value, as reinforced by the Committee of Experts in its direct request on Convention No. 100, will be closely assessed in the upcoming labour law review of the Employment Act in order to address the gender pay gaps and other anomalies. This will also cover any systemic and administrative changes that are required to implement this principle in national law and practice.

In addition, the Government undertakes to revisit the National Employment Policy with a view to strengthening it so as to ensure and promote equality of opportunity and treatment in employment and occupation on all the grounds enumerated in Convention No. 111, which underpins the provisions of the National Constitution and the national legal frameworks on the principles of equality, justice and fairness.

Through all these processes, the Government reaffirms its position of tripartite engagement, which forms the basis of all constructive and positive dialogue going forward. The Government values the contributions, commitment and effort of the workers and employers, and reassures the ILO that that status quo remains.

The Government will be calling on the ILO Office for Pacific Island Countries in Suva, Fiji and the ILO Regional Office for Asia and the Pacific in Bangkok, Thailand, for the technical assistance that we will require to address the issues and concerns raised by the Committee.

Finally, the Government undertakes to provide information to the Committee of Experts by 1 September 2026 on the measures taken and the results achieved in relation to Conventions Nos 100 and 111.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Sex. Sexual harassment. The Committee welcomes the Government’s indication, in its report, that: (1) the Industrial Relations (IR) Bill and the Employment Act 1978 will be revised and that the new provisions will define and prohibit both quid pro quo (i.e. blackmail) and hostile environment sexual harassment; and (2) consideration is given to strengthening the General Orders dealing with the conduct of public servants, and in particular the Public Service General Order No. 15 and the specific articulation of the provisions of sexual harassment in the Public Services (Management) Act 2014. The Committee asks the Government to provide information on: (i) any progress made towards the revision of the legislation with a view to fully addressing the issue of sexual harassment; and (ii) any awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

Article 1(1). Discrimination on the basis of disability, HIV status, sexual orientation and gender identity. The Committee notes with interest the adoption by a unanimous vote, on 31 July 2025, of the Disability Services Bill, which is the country’s first comprehensive legislation for persons with disabilities, designed to protect their rights, promote their inclusion, and provide them with better services in areas like health, education, employment, and politics. This Act foresees the creation of a National Disability Advisory Committee. The Committee also welcomes the Government’s indication that the current labour law reform exercise will adequately cover the prohibition of discrimination against people living with disabilities, people affected by HIV and AIDS, and other vulnerable groups, or based on sexual orientation and gender identity. Finally, it notes that the Government refers to: (1) the Gender Equity and Social Inclusion (GESI) Policy developed to guide all public sector agencies in this matter; and (2) the National AIDS Council Act (No. 30 of 1997) and the HIV and AIDS Management and Prevention Act No. 4 of 2003, listing the objectives and functions of the Council (but without providing information on the actual measures or initiatives taken). The Committee requests the Government to indicate: (i) the concrete measures taken, following the adoption of the law, to address cases of discrimination in employment and occupation faced by persons with disabilities; (ii) the measures taken by the National AIDS Council Secretariat and the National Disability Advisory Committee, and their impact; and (iii) any measure taken with regard to protection against discrimination based on sexual orientation and gender identity.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee notes the information provided by the Government that 38 per cent of women are in wage employment (compared to 66 per cent for men); 46 per cent of women work in the informal economy (15 per cent for men); and only 8 per cent of small and medium-sized enterprises are owned by women across urban, rural and remote locations. It also notes the Government’s indication that the Medium-Term Development Plan IV (2023–2027) will reinforce women’s empowerment through their participation and engagement in the socio-economic development of the country, including through strategic partnerships to improve access to finance and credit. The Committee requests the Government to provide information on the concrete measures taken,in application of the Medium-Term Development Plan IV (2023–2027) or otherwise, and the results obtained in increasing the access of rural women to: (i) income-generating opportunities; and (ii) credit, loans and land; with a view to allowing them to access occupations on an equal footing with men.

Article 3(e). Access of women and girls to education and vocational training. The Committee notes that, in reply to its previous comment, the Government refers to education plans and other strategic declarations or programmes but without providing examples of concrete initiatives, actions or activities carried out, or results obtained. The Committee recalls that, as indicated in the Universal Periodic Review (UPR) report of the Office of the UN High Commissioner for Human Rights in 2021: (1) significant disparities in access to education remained, with just half of the children from the poorest quintile enrolled in school and girls living in extremely remote areas being twice as likely to be out of school than boys; and (2) the UN country team recommended the integration of gender equality into all levels of education and the adoption and roll out of the national strategy on out-of-school children, particularly in remote and rural communities, to ensure access to education (A/HRC/WG.6/39/PNG/2, 16 August 2021, paras 30–31). In this regard, the Committee notes the Government’s indication that the National Education Plan 2020–2029 gives prominence to equality in access to education and training, notably in allowing more girls to enrol in secondary education in a school close to their home. It further notes that one of the strategies of the Medium-Term Development Plan IV (2023–2027) for the empowerment of women is to promote women’s access to education opportunities, with an objective of attaining, by 2027, a gross enrolment rate for females in secondary education of 47 per cent (the 2020 baseline being at 40 per cent) and a Gender Parity Index equal to one in both primary and secondary school (the 2020 baseline being, respectively, at 0.94 and 0.98). The Committee asks the Government to provide information on measures taken, activities carried out and results obtained in: (i) improving the participation rates of women and girls in vocational training and education; (ii) promoting the equal distribution of men and women in different educational and vocational training institutions (with an indication of the areas in which they are taking courses); and (iii) enhancing the number of male and female graduates in a wider variety of areas, particularly those in which they are traditionally under-represented.

Article 5. Special measures. The Committee welcomes the Government’s indication that sections 98 and 99 of the Employment Act 1978, prohibiting the employment of women in, among other areas of work, heavy labour and night work, will be reviewed in the context of the current labour law reform, with a view to ensuring fairness and equality in terms of access to employment opportunities. The Committee requests the Government to provide information on any progress made in this regard.

Articles 1 to 3. National policy for equality of opportunity and treatment. The Committee once again urges the Government to provide information on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to develop and implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin).

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes that a 2024 labour market survey conducted by the Business Coalition for Women (BCFW, a private sector led, member-based organization in the country) estimated an average gender earnings gap of 13.7 per cent. In this regard, the Committee notes with interest the re-establishment of the Minimum Wages Board (which brings together representatives of the country’s key social partners) and the adoption of revised national minimum wages in September 2025 (an increase from 3.50 Papua New Guinean kina (US$0.84) to 5.00 kina (US$1.20) in 2026, followed by further adjustments to 5.25 kina in 2027 and 5.50 kina in 2028).

Article 2. Wage-fixing mechanisms. The Committee notes the information provided by the Government on the role and functions of the Industrial Registrar and industrial inspectors in ensuring compliance with labour laws and equal pay principles and reviewing collective agreements to assess wage structures. The Committee requests the Government to provide: (i) information on the number of gender impact assessments and regular compliance checks carried out by the Industrial Registrar and industrial inspectors and the results thereof; and (ii) copies of collective agreements including provisions on equal remuneration or on wage discrimination.

Article 3. Objective job evaluation methods. The Committee notes the Government’s indications and emphasizes that “job evaluation” (i.e. the determination of the “value” of a job – irrespective of the person doing it – with a view to setting the appropriate level of remuneration for this type of job) is different from “performance appraisal” (i.e. the evaluation of the performance of an individual in the job – with a view to career progression, award of bonuses, etc.). The Committee notes the Government’s commitment to provide the requested information in the next reporting period. In view of the above, the Committee reiterates its requests to the Government to provide information on: (i) job evaluation methods used to determine remuneration rates in the public sector and the measures taken to ensure that they are free from gender bias; and (ii) any measures taken to promote the use in the private sector of objective job evaluation methods and criteria that are free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work). Please provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Conventions Nos   100 and 111 – Application in practice

Awareness-raising and enforcement. The Committee notes the Government’s commitment to: (1) organize awareness-raising activities on the principles of both Conventions and on access to redress mechanisms available; and (2) source and compile information on cases relating to these principles detected by or reported to the labour inspectors, as well as those dealt with by the courts. Welcoming the commitment undertaken, the Committee hopes that concrete measures will be taken to increase the awareness and knowledge of the principles of the Conventions among those responsible for monitoring and enforcing those principles, and the general public. It requests the Government to provide information on: (i) any development in this regard; and (ii) any cases reported to or detected by the labour inspectors regarding discrimination in employment and occupation, including with regard to the principle of equal remuneration for work of equal value, and on any judicial and administrative decisions on these matters.

Statistics. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and in monitoring the impact of measures taken and the progress achieved over time, the Committee notes the Government’s indication that these statistics will be provided in the next report. The Committee requests the Government to provide statistical information on: (i) the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings (Convention No. 100); and (ii) the participation of men and women in the labour market, in both the public and private sectors, if possible disaggregated by sex, ethnic origin and occupational category (Convention No. 111).

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee welcomes the Government’s indication that, under the current labour law reform exercise, a suite of “priority” labour laws was identified for revision and that, consequently, the Industrial Relations Bill will be reviewed again, in parallel with the review of the Employment Act 1978. Noting the Government’s indication that it anticipates seeking technical assistance from the Office for the revision of these laws (as per the Decent Work Country Programme 2018–22 which was extended to 2025), the Committee firmly hopes that the Government will act to that effect, in consultation with the most representative workers’ and employers’ organizations, in order to bring the laws into line with the requirements of Conventions Nos 100 and 111. It asks the Government to provide information on any progress made in this regard.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

The Committee notes that, according to the Gender Inequality Index (GII) published by the United Nations Development Programme (UNDP) for 2023, Papua New Guinea ranked 156 out of 173 countries, underscoring persistent disparities in, inter alia, empowerment and labour market participation.

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. The Committee recalls that the Government had indicated that section 8 of the Industrial Relations Bill would prohibit direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice; and that sections 97 to 100 of the Employment Act 1978, which prohibit sex-based discrimination only against women, would also be reviewed. In this regard, the Committee refers to its request above.

Discrimination on the ground of sex. Public service. The Committee recalls the discriminatory nature and impact of: (1) the Public Services (Management) Act adopted in 2014, in that it allows employers to advertise for candidates indicating that only males or only females will be appointed, promoted or transferred in “particular proportions”; and (2) section 20.64 of General Order No. 20, as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for her husband and children if she is the breadwinner (a female officer or female teacher is considered to be the breadwinner only if she is single or divorced, or if her spouse is medically infirm, a student or certified as unemployed). The Committee trusts that, in the context of the ongoing labour reforms, the Government will take the necessary measures to review or amend these laws to bring them into conformity with the Convention.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. With regard to the labour law reform referred to above, the Committee recalls its long-standing request that the Government take measures to ensure that both the Industrial Relations Bill as well as the revision of the Employment Act, 1978: (1) contain a definition of remuneration which includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment; and (2) provide for equal remuneration for men and women for work of equal value (and not only for equal, the same or similar work), in conformity with the Convention. In this regard, the Committee refers to its request in the second paragraph of this observation.

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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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.

Repetition

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee asks the Government once again to provide updated information on: (i) 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 Order; (ii) any progress towards the revision of the Industrial Relations Act of 1962 and the Employment Act of 1978 to include provisions defining and prohibiting both quid pro quo and hostile work environment sexual harassment; and (iii) any awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant to both accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1). Discrimination on the basis of disability, HIV status, sexual orientation and gender identity. The Committee reiterates its requests to the Government to indicate the measures taken to address cases of discrimination in employment and occupation faced by: (i) persons with disabilities, in the context of the National Policy on Disability for 2015–25; (ii) persons living, or perceived to be living, with HIV; and (iii) lesbian, gay, bisexual, transgender and intersex persons. The Committee also asks the Government to provide concrete information on the activities of the National AIDS Council Secretariat.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee notes that, according to the Decent Work Country Programme (2018-2022), about 88 per cent of the population lives in rural areas and their livelihoods are primarily based on subsistence agriculture and small-scale sales of cash crops in the informal economy. It further notes that a key factor in labour force participation and employment rates for women is their engagement in agriculture and fishing for household consumption in rural areas and that self- employment in the informal sector – particularly in subsistence agriculture – remains the dominant economic activity in the rural economy, especially for women. The Committee once again asks the Government to provide information on the measures taken or envisaged: (i) to increase the access of rural women to income-generating opportunities; and (ii) to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to access occupations on an equal footing with men. It also asks the Government to provide information on the impact of the measures implemented.

Article 3(e). Access to of women and girls to education and vocational training. The Committee recalls that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations. The Committee asks the Government to provide information on: (i) any measures taken or envisaged to improve the participation rates of women and girls in vocational training and education, such as for example measures to actively combat gender bias and stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs; (ii) the distribution of men and women in different educational and vocational training institutions, with an indication of the areas in which they are taking courses; and (iii) the steps taken or envisaged to increase the number of male and female graduates in a wider variety of areas, particularly those in which they are traditionally under-represented.

Article 5. Special measures of protection. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978 prohibiting the employment of women in, among other areas of work, heavy labour and night work. It considers that protection measures should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary to ensure that women can access these types for employment on an equal footing with men, such as improved health protection for both men and women, adequate transportation and security, as well as social services (2012 General Survey on the fundamental Conventions, paragraph 840). Consequently, the Committee asks again the Government to take the opportunity provided by the revision of the Employment Act of 1978 to amend sections 98 and 99 of the Act, so as to ensure that protective measures for women are strictly limited to maternity protection. It asks the Government to provide information on any progress made in this regard.

Awareness-raising and enforcement. 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 those principles, and the general public. The Committee asks the Government to provide information on any cases reported to or detected by the labour inspectors regarding discrimination in employment and occupation and on any judicial and administrative decisions on this matter.

Statistics. The Committee recalls 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, and the progress achieved over time. The Committee once again urges the Government to compile and analyse statistics, disaggregated by sex, ethnic origin and occupational category, on the participation in the labour market of men and women in the public and private sectors.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls that the Government indicated previously that section 8 of the final draft of the Industrial Relations Bill would prohibit direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. At the time, the Government also stated that it would report any development regarding the revision of sections 97–100 of the Employment Act, 1978, which only prohibit sex-based discrimination against women. The Committee notes that none of these Bills has yet been enacted, despite the fact that the latest Decent Work Country Programme (2018–22), in the same way as the previous ones, has set as a priority the enactment of the Industrial Relations Bill and the revision of the Employment Act through the adoption of a new Employment Relations Bill. In this regard, the Committee observes that, according to the United Nations Development Programme Country Programme 2018–22, the country’s instability is impeding progress towards the elaboration and promulgation of revised laws. While acknowledging the difficult situation prevailing in the country, the Committee asks the Government to act expeditiously to review and amend these laws, in collaboration with workers’ and employers’ organizations, in order to bring them into line with the requirements of the Convention and to provide information on any progress made in this regard.

Discrimination on the ground of sex. Public service. The Committee recalls that in its last comment it noted that the new Public Services (Management) Act adopted in 2014 maintains the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995 and allows employers to advertise for candidates indicating that only males or females will be appointed, promoted or transferred in “particular proportions”. It also noted that section 20.64 of General Order No. 20, as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for her husband and children if she is the breadwinner (a female officer or female teacher is considered to be the breadwinner only if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed) had not been modified. In the absence of any information on this point, the Committee urges the Government to review and amend these laws to bring them into conformity with the Convention.

Article 2. National equality policy. In its previous comments, the Committee, noting that the issue of gender equality in employment and occupation seems to be addressed in some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality 2011–15, emphasized that it is essential for attention be given to all the grounds of discrimination set out in the Convention in formulating and implementing a national equality policy (2012 General Survey on the fundamental Conventions, paragraphs 848–849). In the absence of information in this regard, the Committee once again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to develop and implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee asks the Government once again to provide updated information on: (i) 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 Order; (ii) any progress towards the revision of the Industrial Relations Act of 1962 and the Employment Act of 1978 to include provisions defining and prohibiting both quid pro quo and hostile work environment sexual harassment; and (iii) any awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant to both accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1). Discrimination on the basis of disability, HIV status, sexual orientation and gender identity. The Committee reiterates its requests to the Government to indicate the measures taken to address cases of discrimination in employment and occupation faced by: (i) persons with disabilities, in the context of the National Policy on Disability for 2015–25; (ii) persons living, or perceived to be living, with HIV; and (iii) lesbian, gay, bisexual, transgender and intersex persons. The Committee also asks the Government to provide concrete information on the activities of the National AIDS Council Secretariat.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee notes that, according to the Decent Work Country Programme (2018-2022), about 88 per cent of the population lives in rural areas and their livelihoods are primarily based on subsistence agriculture and small-scale sales of cash crops in the informal economy. It further notes that a key factor in labour force participation and employment rates for women is their engagement in agriculture and fishing for household consumption in rural areas and that self- employment in the informal sector – particularly in subsistence agriculture – remains the dominant economic activity in the rural economy, especially for women. The Committee once again asks the Government to provide information on the measures taken or envisaged: (i) to increase the access of rural women to income-generating opportunities; and (ii) to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to access occupations on an equal footing with men. It also asks the Government to provide information on the impact of the measures implemented.

Article 3(e). Access to of women and girls to education and vocational training. The Committee recalls that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations. The Committee asks the Government to provide information on: (i) any measures taken or envisaged to improve the participation rates of women and girls in vocational training and education, such as for example measures to actively combat gender bias and stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs; (ii) the distribution of men and women in different educational and vocational training institutions, with an indication of the areas in which they are taking courses; and (iii) the steps taken or envisaged to increase the number of male and female graduates in a wider variety of areas, particularly those in which they are traditionally under-represented.

Article 5. Special measures of protection. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978 prohibiting the employment of women in, among other areas of work, heavy labour and night work. It considers that protection measures should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary to ensure that women can access these types for employment on an equal footing with men, such as improved health protection for both men and women, adequate transportation and security, as well as social services (2012 General Survey on the fundamental Conventions, paragraph 840). Consequently, the Committee asks again the Government to take the opportunity provided by the revision of the Employment Act of 1978 to amend sections 98 and 99 of the Act, so as to ensure that protective measures for women are strictly limited to maternity protection. It asks the Government to provide information on any progress made in this regard.

Awareness-raising and enforcement. 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 those principles, and the general public. The Committee asks the Government to provide information on any cases reported to or detected by the labour inspectors regarding discrimination in employment and occupation and on any judicial and administrative decisions on this matter.

Statistics. The Committee recalls 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, and the progress achieved over time. The Committee once again urges the Government to compile and analyse statistics, disaggregated by sex, ethnic origin and occupational category, on the participation in the labour market of men and women in the public and private sectors.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls that the Government indicated previously that section 8 of the final draft of the Industrial Relations Bill would prohibit direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. At the time, the Government also stated that it would report any development regarding the revision of sections 97–100 of the Employment Act, 1978, which only prohibit sex-based discrimination against women. The Committee notes that none of these Bills has yet been enacted, despite the fact that the latest Decent Work Country Programme (2018–22), in the same way as the previous ones, has set as a priority the enactment of the Industrial Relations Bill and the revision of the Employment Act through the adoption of a new Employment Relations Bill. In this regard, the Committee observes that, according to the United Nations Development Programme Country Programme 2018–22, the country’s instability is impeding progress towards the elaboration and promulgation of revised laws. While acknowledging the difficult situation prevailing in the country, the Committee asks the Government to act expeditiously to review and amend these laws, in collaboration with workers’ and employers’ organizations, in order to bring them into line with the requirements of the Convention and to provide information on any progress made in this regard.

Discrimination on the ground of sex. Public service. The Committee recalls that in its last comment it noted that the new Public Services (Management) Act adopted in 2014 maintains the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995 and allows employers to advertise for candidates indicating that only males or females will be appointed, promoted or transferred in “particular proportions”. It also noted that section 20.64 of General Order No. 20, as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for her husband and children if she is the breadwinner (a female officer or female teacher is considered to be the breadwinner only if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed) had not been modified. In the absence of any information on this point, the Committee urges the Government to review and amend these laws to bring them into conformity with the Convention.

Article 2. National equality policy. In its previous comments, the Committee, noting that the issue of gender equality in employment and occupation seems to be addressed in some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality 2011–15, emphasized that it is essential for attention be given to all the grounds of discrimination set out in the Convention in formulating and implementing a national equality policy (2012 General Survey on the fundamental Conventions, paragraphs 848–849).  In the absence of information in this regard, the Committee once again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to develop and implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin).

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts that the Industrial Relations Bill will be adopted in the near future, and requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, with a view to aligning the provisions on discrimination with the Industrial Relations Bill and to bring them into conformity with the Convention.

Discrimination on the ground of sex in the public service. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests the Government to investigate the allegations of discrimination against Asian workers and entrepreneurs including incidents of violence and to provide information on the results of such investigations. It also requests the Government to provide information on concrete measures taken to ensure protection in the context of employment and occupation, against discrimination on the grounds of race, colour, or national extraction, as well as on any measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic groups in employment and occupation.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts that the Industrial Relations Bill will be adopted in the near future, and requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, with a view to aligning the provisions on discrimination with the Industrial Relations Bill and to bring them into conformity with the Convention.

Discrimination on the ground of sex in the public service. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests the Government to investigate the allegations of discrimination against Asian workers and entrepreneurs including incidents of violence and to provide information on the results of such investigations. It also requests the Government to provide information on concrete measures taken to ensure protection in the context of employment and occupation, against discrimination on the grounds of race, colour, or national extraction, as well as on any measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic groups in employment and occupation.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

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.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts that the Industrial Relations Bill will be adopted in the near future, and requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, with a view to aligning the provisions on discrimination with the Industrial Relations Bill and to bring them into conformity with the Convention.

Discrimination on the ground of sex in the public service. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests the Government to investigate the allegations of discrimination against Asian workers and entrepreneurs including incidents of violence and to provide information on the results of such investigations. It also requests the Government to provide information on concrete measures taken to ensure protection in the context of employment and occupation, against discrimination on the grounds of race, colour, or national extraction, as well as on any measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic groups in employment and occupation.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts that the Industrial Relations Bill will be adopted in the near future, and requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, with a view to aligning the provisions on discrimination with the Industrial Relations Bill and to bring them into conformity with the Convention.

Discrimination on the ground of sex in the public service. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests the Government to investigate the allegations of discrimination against Asian workers and entrepreneurs including incidents of violence and to provide information on the results of such investigations. It also requests the Government to provide information on concrete measures taken to ensure protection in the context of employment and occupation, against discrimination on the grounds of race, colour, or national extraction, as well as on any measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic groups in employment and occupation.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s indication that the sixth draft of the Industrial Relations Bill maintains the prohibition on sexual harassment of an employee or applicant for employment. The Committee also notes that the Government again commits to include provisions on sexual harassment at the workplace in the context of the revision of the Employment Act 1978. The Committee further notes that the Government reiterates in its latest report that the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, however, without specifying any concrete steps taken in this respect. The Committee, therefore, once again asks the Government to indicate any concrete steps taken to incorporate provisions on sexual harassment that would protect men and women equally in the Public Service (Management) Act 1995 and the Public Service General Orders, as well as measures taken to include provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in the context of the review of the Employment Act 1978. Please also provide information on awareness raising activities aimed at preventing and addressing sexual harassment in the public and private sectors.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee had asked the Government to provide information on the measures taken or envisaged to improve women’s access to credit and loans. The Committee notes that the Government’s report does not contain any information in this regard. In this connection, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed its concern that women lack access to credit and banking facilities, linked to their lack of ownership of land, which is a major constraint to their participation in small business projects, and urged the Government to ensure access for women to income-generation opportunities including training, markets and credit (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 45 and 46). The Committee asks 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 steps taken to increase the access of rural women to income-generating opportunities.

Article 3(e). Access to vocational training and education. The Committee notes the Government’s indication that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and women are encouraged to participate and be involved in all opportunities. The Committee also notes that CEDAW recommended that the Government take effective steps to overcome traditional attitudes in order to ensure equal access of girls and women to all levels of education and their retention (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 37 and 38). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to indicate the specific measures taken or envisaged to improve the participation of women and girls in education and training. Please also provide details of any measures taken to increase the number of girls and women in education and training programmes to provide them with access to a wide range of jobs including traditionally “male” jobs.

Statistics. The Committee notes the Government’s indication that the general situation of employment and human resource development depicts a greater turnout of women in employment and occupations that were previously dominated by men, however, without providing any statistical data. 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 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.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication 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 once again asks the Government to take measures to increase the awareness and knowledge of the principle of the Convention among those responsible for monitoring and enforcing the principle, and the general public. It also requests 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.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) dated 31August 2011.

Legislative developments. The Committee had been asking the Government to provide information on the status of the Industrial Relations Bill and the review of the Employment Act 1978, including the revision of sections 97 to 100 of the Act. The Committee notes the Government’s indication that the sixth and final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, and actual or perceived HIV or AIDS status, against an employee or applicant for employment or in any employment policy or practice. The Government states that the Bill is being worked on by the State Solicitor’s Office, Department of Justice and Attorney General, and it anticipates that the Bill will be enacted in 2011. The Government further indicates that developments concerning the review of the Employment Act will be communicated to the Office in due course. The Committee also notes that the Decent Work Country Programme for 2009–12 has set labour law reform as a priority. The Committee hopes that the Industrial Relations Bill will be adopted in the near future, and requests the Government to provide information on progress made in this regard, and to forward a copy of the text once it is adopted. It also asks the Government to provide information on any progress made concerning the review of the Employment Act, with a view to aligning the provisions on discrimination with the Industrial Relations Bill and to bring them into conformity with the Convention.

Discrimination on the ground of sex in the public service. The Committee recalls its previous comments regarding the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995 allowing calls for candidates to specify that “only males and females will be appointed, promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988 concerning restrictions for female teachers with respect to certain allowances. The Committee notes with regret the Government’s indication that no progress has been recorded with regard to amending the discriminatory provisions applying to the public service, and that the consultations with the relevant government agencies, to which the Government made reference in its 2009 report, have not yet started. Recalling its previous comments regarding the discriminatory impact of these provisions, the Committee urges the Government to take expeditious steps, to review and amend the provisions in order to bring them in line with the requirements of the Convention.

Discrimination against certain ethnic groups. The Committee notes that according to the ITUC there has been an increase in violence against Asian workers and entrepreneurs, who are blamed for “taking away employment opportunities”. The ITUC also states that throughout 2009 and 2010, many Asians had been attacked and Asian enterprises looted. The Committee asks the Government to investigate the allegations of discrimination against Asian workers and entrepreneurs including incidents of violence and to provide information on the results of such investigations. The Committee also requests information on the practical measures taken to ensure protection in the context of employment and occupation, against discrimination on the grounds of race, colour, or national extraction, as well as on any measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic groups in employment and occupation.

Additional grounds of discrimination. HIV and AIDS. The Committee notes the HIV and AIDS strategy 2011–15, which includes prevention, counselling, testing, treatment, care and support, and systems strengthening. The Committee further notes the observations of the ITUC that there are no laws prohibiting discrimination against persons living with HIV and AIDS, and that there have been reports of some companies firing persons living with HIV and AIDS. The ITUC also indicates that the Business Coalition against HIV and AIDS has assisted companies to develop HIV and AIDS policies at the workplace. The Committee asks the Government to indicate how it is ensured that discrimination in employment and occupation based on actual or perceived HIV and AIDS status is effectively addressed in the implementation of the HIV and AIDS strategy 2011–15, and the results achieved by such measures. The Committee also once again asks the Government to provide information on the practical application of the HIV and AIDS Management and Prevention Act No. 4 of 2003, including regarding the activities of the National AIDS Council Secretariat.

Disability. The Committee notes the observations of the ITUC that persons with disabilities face discrimination in accessing employment and social services. The Committee asks the Government to reply to the issues set out in the communication of the ITUC regarding discrimination faced by persons with disabilities, and to indicate any steps taken to address these matters.

Sexual orientation. The Committee notes the observations by the ITUC that lesbian, gay, bisexual, and transgender persons face discrimination in employment. The Committee asks the Government to reply to the issues set out in the communication of the ITUC regarding discrimination faced by lesbian, gay, bisexual and transgender people, and to indicate any steps taken to address these matters.

National equality policy. The Committee notes the Government’s indication that there is no concrete or fully detailed document setting out the employment policy. The Government also states that it is verifying if the Occupational Skills Certification Policy exists. The Committee notes that the Government’s report still does not contain any further information on the national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that the Medium Term Development Plan 2011–15 includes sections on gender, and that in Papua New Guinea Vision 2050 (published in November 2009), gender is positioned as one of the seven “Strategic Focus Areas”: “Human Capital Development, Gender, Youth and People Empowerment”. However, the Committee notes that none of the sections of these plans or strategies seem to specifically address the issue of gender equality in employment and occupation. Recalling that a national policy under Article 2 of the Convention necessarily includes the adoption and implementation of concrete and proactive measures aimed at the promotion of equality in employment and occupation in respect of at least all the grounds under the Convention, the Committee once again asks the Government to provide full particulars on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention.

Restrictions on women’s access to certain jobs. The Committee recalls that sections 98 and 99 of the Employment Act prohibit the employment of women, inter alia, in heavy labour and during the night. The Government’s report contains no new information in this regard. The Committee asks the Government to take steps to ensure that protective measures for women are limited to maternity protection. The Committee also asks the Government to provide information on how it is ensured that, in practice, women can have access to all jobs and occupations on an equal footing with men. The Committee also requests information on any awareness-raising activities to rectify stereotyped perceptions regarding women’s capacities and roles in society.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s indication that the sixth draft of the Industrial Relations Bill maintains the prohibition on sexual harassment of an employee or applicant for employment. The Committee also notes that the Government again commits to include provisions on sexual harassment at the workplace in the context of the revision of the Employment Act 1978. The Committee further notes that the Government reiterates in its latest report that the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, however, without specifying any concrete steps taken in this respect. The Committee, therefore, once again asks the Government to indicate any concrete steps taken to incorporate provisions on sexual harassment that would protect men and women equally in the Public Service (Management) Act 1995 and the Public Service General Orders, as well as measures taken to include provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in the context of the review of the Employment Act 1978. Please also provide information on awareness raising activities aimed at preventing and addressing sexual harassment in the public and private sectors.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee had asked the Government to provide information on the measures taken or envisaged to improve women’s access to credit and loans. The Committee notes that the Government’s report does not contain any information in this regard. In this connection, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed its concern that women lack access to credit and banking facilities, linked to their lack of ownership of land, which is a major constraint to their participation in small business projects, and urged the Government to ensure access for women to income-generation opportunities including training, markets and credit (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 45 and 46). The Committee asks 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 steps taken to increase the access of rural women to income-generating opportunities.

Article 3(e). Access to vocational training and education. The Committee notes the Government’s indication that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and women are encouraged to participate and be involved in all opportunities. The Committee also notes that CEDAW recommended that the Government take effective steps to overcome traditional attitudes in order to ensure equal access of girls and women to all levels of education and their retention (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 37 and 38). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to indicate the specific measures taken or envisaged to improve the participation of women and girls in education and training. Please also provide details of any measures taken to increase the number of girls and women in education and training programmes to provide them with access to a wide range of jobs including traditionally “male” jobs.

Statistics. The Committee notes the Government’s indication that the general situation of employment and human resource development depicts a greater turnout of women in employment and occupations that were previously dominated by men, however, without providing any statistical data. 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 urges the Government to compile and analyze 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.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication 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 once again asks the Government to take measures to increase the awareness and knowledge of the principle of the Convention among those responsible for monitoring and enforcing the principle, and the general public. It also requests 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.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations of the International Trade Union Confederation (ITUC) dated 31 August 2011.

Legislative developments. The Committee had been asking the Government to provide information on the status of the Industrial Relations Bill and the review of the Employment Act 1978, including the revision of sections 97 to 100 of the Act. The Committee notes the Government’s indication that the sixth and final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, and actual or perceived HIV or AIDS status, against an employee or applicant for employment or in any employment policy or practice. The Government states that the Bill is being worked on by the State Solicitor’s Office, Department of Justice and Attorney General, and it anticipates that the Bill will be enacted in 2011. The Government further indicates that developments concerning the review of the Employment Act will be communicated to the Office in due course. The Committee also notes that the Decent Work Country Programme for 2009–12 has set labour law reform as a priority. The Committee hopes that the Industrial Relations Bill will be adopted in the near future, and requests the Government to provide information on progress made in this regard, and to forward a copy of the text once it is adopted. It also asks the Government to provide information on any progress made concerning the review of the Employment Act, with a view to aligning the provisions on discrimination with the Industrial Relations Bill and to bring them into conformity with the Convention.

Discrimination on the ground of sex in the public service. The Committee recalls its previous comments regarding the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995 allowing calls for candidates to specify that “only males and females will be appointed, promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988 concerning restrictions for female teachers with respect to certain allowances. The Committee notes with regret the Government’s indication that no progress has been recorded with regard to amending the discriminatory provisions applying to the public service, and that the consultations with the relevant government agencies, to which the Government made reference in its 2009 report, have not yet started. Recalling its previous comments regarding the discriminatory impact of these provisions, the Committee urges the Government to take expeditious steps, to review and amend the provisions in order to bring them in line with the requirements of the Convention.

Discrimination against certain ethnic groups. The Committee notes that according to the ITUC there has been an increase in violence against Asian workers and entrepreneurs, who are blamed for “taking away employment opportunities”. The ITUC also states that throughout 2009 and 2010, many Asians had been attacked and Asian enterprises looted. The Committee asks the Government to investigate the allegations of discrimination against Asian workers and entrepreneurs including incidents of violence and to provide information on the results of such investigations. The Committee also requests information on the practical measures taken to ensure protection in the context of employment and occupation, against discrimination on the grounds of race, colour, or national extraction, as well as on any measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic groups in employment and occupation.

Additional grounds of discrimination. HIV and AIDS. The Committee notes the HIV and AIDS strategy 2011–15, which includes prevention, counselling, testing, treatment, care and support, and systems strengthening. The Committee further notes the observations of the ITUC that there are no laws prohibiting discrimination against persons living with HIV and AIDS, and that there have been reports of some companies firing persons living with HIV and AIDS. The ITUC also indicates that the Business Coalition against HIV and AIDS has assisted companies to develop HIV and AIDS policies at the workplace. The Committee asks the Government to indicate how it is ensured that discrimination in employment and occupation based on actual or perceived HIV and AIDS status is effectively addressed in the implementation of the HIV and AIDS strategy 2011–15, and the results achieved by such measures. The Committee also once again asks the Government to provide information on the practical application of the HIV and AIDS Management and Prevention Act No. 4 of 2003, including regarding the activities of the National AIDS Council Secretariat.

Disability. The Committee notes the observations of the ITUC that persons with disabilities face discrimination in accessing employment and social services. The Committee asks the Government to reply to the issues set out in the communication of the ITUC regarding discrimination faced by persons with disabilities, and to indicate any steps taken to address these matters.

Sexual orientation. The Committee notes the observations by the ITUC that lesbian, gay, bisexual, and transgender persons face discrimination in employment. The Committee asks the Government to reply to the issues set out in the communication of the ITUC regarding discrimination faced by lesbian, gay, bisexual and transgender people, and to indicate any steps taken to address these matters.

National equality policy. The Committee notes the Government’s indication that there is no concrete or fully detailed document setting out the employment policy. The Government also states that it is verifying if the Occupational Skills Certification Policy exists. The Committee notes that the Government’s report still does not contain any further information on the national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that the Medium Term Development Plan 2011–15 includes sections on gender, and that in Papua New Guinea Vision 2050 (published in November 2009), gender is positioned as one of the seven “Strategic Focus Areas”: “Human Capital Development, Gender, Youth and People Empowerment”. However, the Committee notes that none of the sections of these plans or strategies seem to specifically address the issue of gender equality in employment and occupation. Recalling that a national policy under Article 2 of the Convention necessarily includes the adoption and implementation of concrete and proactive measures aimed at the promotion of equality in employment and occupation in respect of at least all the grounds under the Convention, the Committee once again asks the Government to provide full particulars on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention.

Restrictions on women’s access to certain jobs. The Committee recalls that sections 98 and 99 of the Employment Act prohibit the employment of women, inter alia, in heavy labour and during the night. The Government’s report contains no new information in this regard. The Committee asks the Government to take steps to ensure that protective measures for women are limited to maternity protection. The Committee also asks the Government to provide information on how it is ensured that, in practice, women can have access to all jobs and occupations on an equal footing with men. The Committee also requests information on any awareness-raising activities to rectify stereotyped perceptions regarding women’s capacities and roles in society.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1)(a) of the Convention. The Committee notes the Government’s statement that the fifth draft Industrial Relations Bill, which maintains the non-discrimination provisions in the third draft, is before the National Tripartite Consultative Council (NTCC). The Committee further notes that the Government has done some initial work with respect to the review of the Employment Act 1978, and that the provisions on sexual harassment in the draft Industrial Relations Bill be taken into account in the review of the Act. The Committee asks the Government to provide a copy of the text of the new Industrial Relations Act, once adopted. Please continue to provide information on the status of planned amendments to the Employment Act 1978, and in particular sections 97 and 100 regarding discrimination based on sex, including pregnancy, and on sexual harassment.

Article 1(1)(b). HIV/AIDS. The Committee notes the Government’s statement that the Nationals AIDS Council Secretariat is mandated by the Government to implement the provisions of HIV/AIDS Management and Prevention Act No. 4 of 2003. The Committee asks the Government to provide information on the activities of the National AIDS Council Secretariat to implement Act No. 4 of 2003, and in particular the measures taken to protect persons living with HIV/AIDS from discrimination in employment and occupation.

Sexual harassment. The Committee recalls its previous comments in which it has noted that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected. The Committee notes that the Government will refer the provisions on sexual harassment in the draft Industrial Relations Bill to the Department of Personnel Management for their inclusion in the Public Service (Management) Act 1995 and the Public Service General Orders to ensure consistency in all sectors. The Committee asks the Government to provide information on the progress made to incorporate provisions on sexual harassment in the Public Service (Management) Act and the Public Service General Orders. Please also indicate any practical steps taken, including awareness raising among workers and employers and their organizations, to prevent and address sexual harassment in public and private sector employment.

Discrimination based on sex in the public service. The Committee recalls its previous comments regarding the discriminatory impact of section 32(2)(c)(vi) of the Public Services (Management) Act 1995 remitting calls for candidates to specify that “only males and females will be appointed promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act concerning restrictions for female teachers with respect to certain allowances. The Committee notes the Government’s reply that the issue will certainly be addressed, but that due to the sensitivity of the issue, consultations with the Department of Personnel Management and the Teaching Service Commission have yet to start with a view to repealing any provisions that discriminate against women. The Committee urges the Government to start consultations with the relevant government agencies on section 32(2)(c)(vi) of the Public Services (Management) Act 1995, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act, with a view to bringing the legislation into line with the provisions of the Convention, and to report on the progress made.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that various pieces of legislation and policies have been established to promote equality of opportunity and that it will keep the Committee informed of any new developments. The Committee recalls that the effective application of a national policy on equality requires the implementation of specific measures and programmes to promote equality in law as well as in practice, and correct de facto inequalities which may exist in training, employment and occupation, and conditions of work. In order to be able to assess whether real progress is being made in achieving the objectives of the Convention, the Committee would need more detailed information on the progress made in implementing the national policy on equality through the specific programmes and policies. The Committee therefore asks the Government to include in its next report detailed information, including statistics on the results achieved, on how the Employment Policy and the Occupational Skill Certification Policy, as well as other measures taken, have contributed in practice to achieving equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention, and in particular sex, religion, race, colour and national extraction.

Equality of opportunity and treatment between men and women. Access to employment and particular occupations. The Committee notes the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) indicating that only 15.2 per cent of the population is engaged in formal non-agricultural wage employment. Less than 5.7 per cent are women, mostly employed in the public sector. The Committee also notes that the subsistence/semi-subsistence rural economy is supporting the livelihoods of more than 80 per cent of the population, and that the majority of women are engaged in subsistence livelihoods, especially in the Highlands region. However, the Committee also notes that women face discrimination with respect to access to credit and loans and that ownership of companies is dominated by men. Ninety percent of the land is under customary ownership and men generally control land and resources and make major decisions about their use (CEDAW/C/PNG/3, 22 May 2009, pages 73, 81, 82, 85 and 87). The Government’s report to CEDAW also indicates that the Government is undertaking a number of programmes to improve women’s position in the economy and traditional occupations. The Committee asks the Government to provide detailed information on all measures taken or envisaged to promote equality of opportunity and treatment between men and women in economic activities, including improving their access to credit and loans as important means to exercise their occupations on an equal footing with men, and the results achieved. Please provide up to date statistical data on the participation of men and women in wage and non-wage employment and in the different occupations.

Article 3(e). Vocational training and guidance. The Committee notes the Government’s report to CEDAW indicating a significant gender gap in education and literacy although some progress has been made. Female tertiary education enrolment (2007) is concentrated in teachers’ colleges (48 per cent), business colleges (49 per cent) and nursing colleges (78 per cent). With respect to teacher training, women represent 41 per cent of the students in elementary training, 45 per cent of the students in primary training, 30 per cent in vocational training and 25 per cent in technical areas. The lower levels of the teaching profession are dominated by women (CEDAW/C/PNG/3, 22 May 2009, pages 65, 67 and 69). The Committee also notes that various institutions are responsible for training and education, including the National Training Council, the National Apprenticeship and Trade Testing Board, the National Employment Services Division and the National Education Department. The Committee asks the Government to indicate the specific measures taken or envisaged, including by the abovementioned institutions, to improve the participation of women and girls in education and training, in general, and to promote their enrolment in all types of tertiary education institutions. Please continue to provide statistics on male and female enrolment in education and training.

Article 5. Employment of women in heavy labour and night work. Concerning the need to review sections 98–99 of the Employment Act (heavy labour and night work), the Committee notes the Government’s indication that it will consider putting in place special protective measures that will not give rise to violations of the principle of equality. However, the Government also indicates that the issue is a contentious one and that careful decisions should be made to ensure that women are adequately protected in their access to such types of employment. The Government states that legal provisions should therefore ensure equality while at the same time taking into consideration the “feminine nature” of women. With a view to repealing or amending sections 89–99 of the Employment Act and adopting measures that only deal with maternity in the strict sense and protection of special conditions of pregnant and nursing women, the Committee asks the Government to examine what other measures such as for instance, improved health protection of both men and women, adequate transportation and security, as well as social services, would be necessary so as to ensure that women can access these types of employment on an equal footing with men, and to provide information in this regard in the next report.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication that it is making efforts to gather the necessary data on relevant judicial and administrative decisions, and will submit that information as soon as possible. In the meantime, the Committee reiterates its previous request for information on the measures taken or envisaged, and their impact, to increase awareness and knowledge of the requirements and objectives of the Convention among those responsible for enforcing the law and the general public.

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

Article 1, paragraph 1(a), of the Convention. The Committee notes the Government’s statement that the fifth draft Industrial Relations Bill, which maintains the non-discrimination provisions in the third draft, is before the National Tripartite Consultative Council (NTCC). The Committee further notes that the Government has done some initial work with respect to the review of the Employment Act 1978, and that the provisions on sexual harassment in the draft Industrial Relations Bill be taken into account in the review of the Act. The Committee asks the Government to provide a copy of the text of the new Industrial Relations Act, once adopted. Please continue to provide information on the status of planned amendments to the Employment Act 1978, and in particular sections 97 and 100 regarding discrimination based on sex, including pregnancy, and on sexual harassment.

Article 1, paragraph 1(b). HIV/AIDS. The Committee notes the Government’s statement that the Nationals AIDS Council Secretariat is mandated by the Government to implement the provisions of HIV/AIDS Management and Prevention Act No. 4 of 2003. The Committee asks the Government to provide information on the activities of the National AIDS Council Secretariat to implement Act No. 4 of 2003, and in particular the measures taken to protect persons living with HIV/AIDS from discrimination in employment and occupation.

Sexual harassment. The Committee recalls its previous comments in which it has noted that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected. The Committee notes that the Government will refer the provisions on sexual harassment in the draft Industrial Relations Bill to the Department of Personnel Management for their inclusion in the Public Service (Management) Act 1995 and the Public Service General Orders to ensure consistency in all sectors. The Committee asks the Government to provide information on the progress made to incorporate provisions on sexual harassment in the Public Service (Management) Act and the Public Service General Orders. Please also indicate any practical steps taken, including awareness raising among workers and employers and their organizations, to prevent and address sexual harassment in public and private sector employment.

Discrimination based on sex in the public service. The Committee recalls its previous comments regarding the discriminatory impact of section 32(2)(c)(vi) of the Public Services (Management) Act 1995 remitting calls for candidates to specify that “only males and females will be appointed promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act concerning restrictions for female teachers with respect to certain allowances. The Committee notes the Government’s reply that the issue will certainly be addressed, but that due to the sensitivity of the issue, consultations with the Department of Personnel Management and the Teaching Service Commission have yet to start with a view to repealing any provisions that discriminate against women. The Committee urges the Government to start consultations with the relevant government agencies on section 32(2)(c)(vi) of the Public Services (Management) Act 1995, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act, with a view to bringing the legislation into line with the provisions of the Convention, and to report on the progress made.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that various pieces of legislation and policies have been established to promote equality of opportunity and that it will keep the Committee informed of any new developments. The Committee recalls that the effective application of a national policy on equality requires the implementation of specific measures and programmes to promote equality in law as well as in practice, and correct de facto inequalities which may exist in training, employment and occupation, and conditions of work. In order to be able to assess whether real progress is being made in achieving the objectives of the Convention, the Committee would need more detailed information on the progress made in implementing the national policy on equality through the specific programmes and policies. The Committee therefore asks the Government to include in its next report detailed information, including statistics on the results achieved, on how the Employment Policy and the Occupational Skill Certification Policy, as well as other measures taken, have contributed in practice to achieving equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention, and in particular sex, religion, race, colour and national extraction.

Equality of opportunity and treatment between men and women. Access to employment and particular occupations. The Committee notes the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) indicating that only 15.2 per cent of the population is engaged in formal non-agricultural wage employment. Less than 5.7 per cent are women, mostly employed in the public sector. The Committee also notes that the subsistence/semi-subsistence rural economy is supporting the livelihoods of more than 80 per cent of the population, and that the majority of women are engaged in subsistence livelihoods, especially in the Highlands region. However, the Committee also notes that women face discrimination with respect to access to credit and loans and that ownership of companies is dominated by men. Ninety percent of the land is under customary ownership and men generally control land and resources and make major decisions about their use (CEDAW/C/PNG/3, 22 May 2009, pages 73, 81, 82, 85 and 87). The Government’s report to CEDAW also indicates that the Government is undertaking a number of programmes to improve women’s position in the economy and traditional occupations. The Committee asks the Government to provide detailed information on all measures taken or envisaged to promote equality of opportunity and treatment between men and women in economic activities, including improving their access to credit and loans as important means to exercise their occupations on an equal footing with men, and the results achieved. Please provide up to date statistical data on the participation of men and women in wage and non-wage employment and in the different occupations.

Article 3(e). Vocational training and guidance. The Committee notes the Government’s report to CEDAW indicating a significant gender gap in education and literacy although some progress has been made. Female tertiary education enrolment (2007) is concentrated in teachers’ colleges (48 per cent), business colleges (49 per cent) and nursing colleges (78 per cent). With respect to teacher training, women represent 41 per cent of the students in elementary training, 45 per cent of the students in primary training, 30 per cent in vocational training and 25 per cent in technical areas. The lower levels of the teaching profession are dominated by women (CEDAW/C/PNG/3, 22 May 2009, pages 65, 67 and 69). The Committee also notes that various institutions are responsible for training and education, including the National Training Council, the National Apprenticeship and Trade Testing Board, the National Employment Services Division and the National Education Department. The Committee asks the Government to indicate the specific measures taken or envisaged, including by the abovementioned institutions, to improve the participation of women and girls in education and training, in general, and to promote their enrolment in all types of tertiary education institutions. Please continue to provide statistics on male and female enrolment in education and training.

Article 5. Employment of women in heavy labour and night work. Concerning the need to review sections 98–99 of the Employment Act (heavy labour and night work), the Committee notes the Government’s indication that it will consider putting in place special protective measures that will not give rise to violations of the principle of equality. However, the Government also indicates that the issue is a contentious one and that careful decisions should be made to ensure that women are adequately protected in their access to such types of employment. The Government states that legal provisions should therefore ensure equality while at the same time taking into consideration the “feminine nature” of women. With a view to repealing or amending sections 89–99 of the Employment Act and adopting measures that only deal with maternity in the strict sense and protection of special conditions of pregnant and nursing women, the Committee asks the Government to examine what other measures such as for instance, improved health protection of both men and women, adequate transportation and security, as well as social services, would be necessary so as to ensure that women can access these types of employment on an equal footing with men, and to provide information in this regard in the next report.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication that it is making efforts to gather the necessary data on relevant judicial and administrative decisions, and will submit that information as soon as possible. In the meantime, the Committee reiterates its previous request for information on the measures taken or envisaged, and their impact, to increase awareness and knowledge of the requirements and objectives of the Convention among those responsible for enforcing the law and the general public.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. With reference to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee notes that the third draft Industrial Relations Bill defines “discrimination” as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, actual or perceived HIV or AIDS status, which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation”. It also notes that the draft contains a definition of indirect discrimination and that section 8(1) of the draft prohibits direct and indirect discrimination against an employee or an applicant for employment, in any employment policy or practice on the basis of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, actual or perceived HIV or AIDS status. The Committee hopes that the draft legislation will be adopted soon and asks the Government to forward a copy of the text, once adopted. Noting further that after completion of the Industrial Relations Bill, the Employment Act of 1978 will also be revised, the Committee hopes that in this revision process, the opportunity will be taken to include provisions on discrimination similar to those in the Industrial Relations Bill.

2. Article 1(1)(b). HIV/AIDS. The Committee notes with interest the adoption of the HIV/AIDS Management and Prevention Act No. 4 of 2003 which prohibits discrimination against persons infected or affected by HIV/AIDS in various aspects of employment, education and training. The Committee asks the Government to keep it informed of the practical application of the HIV/AIDS Management and Prevention Act No. 4 of 2003, including any relevant judicial or administrative decisions.

3. Discrimination based on sex. The Committee notes the Government’s statement that in the review of the Employment Act of 1978, consideration will be given to amending section 97 of the Employment Act to protect both men and women from discrimination based on sex, as well as section 100, to ensure that women cannot be dismissed on the grounds of pregnancy. The Committee asks the Government to keep it informed of the progress made in the review of the Employment Act of 1978, and in particular with respect to the provisions regarding discrimination based on sex, including pregnancy.

4. Sexual harassment. The Committee notes that section 3 of the third draft Industrial Relations Bill provides a comprehensive definition of sexual harassment covering both quid pro quo and hostile environment sexual harassment. Section 8(2) of the draft prohibits sexual harassment as a form of sex discrimination. The Committee further notes that the Government concurs that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected from sexual harassment. Noting the Government’s intention to bring the matter to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, the Committee asks the Government to keep it informed of the progress made in amending the provisions on sexual harassment in the General Orders and the Policy Act so as to protect men and women equally. Please also provide information on the application in practice of these provisions, including on the number and outcome of the cases brought. Noting further that the review of the Employment Act will also cover sexual harassment, the Committee hopes that the revised Employment Act will include provisions on sexual harassment similar to those in the draft Industrial Relations Bill.

5. Achieving equality in the public service. In its previous comments, the Committee noted that section 32(2)(c)(vi) of the Public Services (Management) Act 1995 provides that calls for candidates can specify “that only males or females will be appointed, promoted or transferred in particular proportions”. It also noted section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act concerning restrictions on the entitlement of female officers and teachers to certain allowances for her husband and children, as well as the definition of “breadwinner”. The Committee considered that these provisions might be in conflict with the principle of equality and have a discriminatory impact with regard to women’s employment in the public service. The Committee notes the Government’s statement that clarification is being sought with the Department of Personnel Management and the Department of Education, which will be communicated as soon as possible. The Committee trusts that the Government’s next report will contain further information on the steps taken to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act and any other laws and regulations containing similar provisions.

6. Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that the ongoing legislative reviews will pave the way to bringing its national legislation into conformity with the provisions of the Convention. It also notes that section 8(3) of the draft Industrial Relations Bill provides that every employer shall take steps, including the development and communication of policies in the workplace, to eliminate discrimination and harassment. Furthermore, the Government indicates that the National Apprenticeship and Trade Testing Board and other job-searching policies aim to ensure equal participation of men and women, and that the Papua New Guinea Occupational Skill Certification Policy and the Employment Policy also to some extent promote equality of opportunity and treatment in employment and occupation. The Committee welcomes the legislative reform and asks the Government to continue to keep it informed of this process. The Committee also asks the Government to provide further details on how the Employment Policy and the Papua New Guinea Occupational Skill Certification Policy promote in practice the objectives of the Convention. Please also include information on any other concrete measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation in practice with respect to all the grounds covered by the Convention, and particularly the grounds of sex, race, colour and national extraction.

7. Article 3(e). Promoting equality in vocational guidance and training, and placement services. The Committee notes the Government’s statement that it will provide more detailed information on this point after the enactment of the Papua New Guinea Occupational Skills Certification Board Act, and after it has been able to collect the necessary information from all relevant agencies. The Committee looks forward to receiving a copy of the Papua New Guinea Occupational Skills Certification Board Act and hopes that the Government will be in a position to provide further information on the measures taken to ensure the observance of the national equality policy in the context of vocational education and training, as well as placement agencies. Please also include statistics disaggregated by sex and ethnic origin, where possible, on the participation in the vocational training programmes offered.

8. Article 5. Employment of women in heavy labour and night work, and maternity protection. The Committee refers to its previous comments concerning protective measures and maternity protection and notes the Government’s statement that the revision of the Employment Act will cover sections 98–99 regarding the employment of women in heavy labour and night work. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee hopes that, in revising the Employment Act, it will be ensured that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. The Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information on the measures taken to address the disparity between the maternity protection in the private and public sectors.

9. Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s statement that no courts of law or tribunals have handed down decisions relating to the application of the Convention. According to the Government, certain obstacles prevent such cases from coming forward such as the lack of awareness among the public and law enforcers on international labour standards and their importance to national law and practice. The Committee asks the Government to indicate in its next report the measures taken or envisaged, and their impact, to increase the awareness and knowledge of the requirements and objectives of the Convention among law enforcers and the general public. Please also continue to report on any judicial and administrative decisions regarding equality of opportunity and treatment.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. With reference to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee notes that the third draft Industrial Relations Bill defines “discrimination” as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, actual or perceived HIV or AIDS status, which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation”. It also notes that the draft contains a definition of indirect discrimination and that section 8(1) of the draft prohibits direct and indirect discrimination against an employee or an applicant for employment, in any employment policy or practice on the basis of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, actual or perceived HIV or AIDS status. The Committee hopes that the draft legislation will be adopted soon and asks the Government to forward a copy of the text, once adopted. Noting further that after completion of the Industrial Relations Bill, the Employment Act of 1978 will also be revised, the Committee hopes that in this revision process, the opportunity will be taken to include provisions on discrimination similar to those in the Industrial Relations Bill.

2. Article 1(1)(b). HIV/AIDS. The Committee notes with interest the adoption of the HIV/AIDS Management and Prevention Act No. 4 of 2003 which prohibits discrimination against persons infected or affected by HIV/AIDS in various aspects of employment, education and training. The Committee asks the Government to keep it informed of the practical application of the HIV/AIDS Management and Prevention Act No. 4 of 2003, including any relevant judicial or administrative decisions.

3. Discrimination based on sex. The Committee notes the Government’s statement that in the review of the Employment Act of 1978, consideration will be given to amending section 97 of the Employment Act to protect both men and women from discrimination based on sex, as well as section 100, to ensure that women cannot be dismissed on the grounds of pregnancy. The Committee asks the Government to keep it informed of the progress made in the review of the Employment Act of 1978, and in particular with respect to the provisions regarding discrimination based on sex, including pregnancy.

4. Sexual harassment. The Committee notes that section 3 of the third draft Industrial Relations Bill provides a comprehensive definition of sexual harassment covering both quid pro quo and hostile environment sexual harassment. Section 8(2) of the draft prohibits sexual harassment as a form of sex discrimination. The Committee further notes that the Government concurs that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected from sexual harassment. Noting the Government’s intention to bring the matter to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, the Committee asks the Government to keep it informed of the progress made in amending the provisions on sexual harassment in the General Orders and the Policy Act so as to protect men and women equally. Please also provide information on the application in practice of these provisions, including on the number and outcome of the cases brought. Noting further that the review of the Employment Act will also cover sexual harassment, the Committee hopes that the revised Employment Act will include provisions on sexual harassment similar to those in the draft Industrial Relations Bill.

5. Achieving equality in the public service. In its previous comments, the Committee noted that section 32(2)(c)(vi) of the Public Services (Management) Act 1995 provides that calls for candidates can specify “that only males or females will be appointed, promoted or transferred in particular proportions”. It also noted section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act concerning restrictions on the entitlement of female officers and teachers to certain allowances for her husband and children, as well as the definition of “breadwinner”. The Committee considered that these provisions might be in conflict with the principle of equality and have a discriminatory impact with regard to women’s employment in the public service. The Committee notes the Government’s statement that clarification is being sought with the Department of Personnel Management and the Department of Education, which will be communicated as soon as possible. The Committee trusts that the Government’s next report will contain further information on the steps taken to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act and any other laws and regulations containing similar provisions.

6. Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that the ongoing legislative reviews will pave the way to bringing its national legislation into conformity with the provisions of the Convention. It also notes that section 8(3) of the draft Industrial Relations Bill provides that every employer shall take steps, including the development and communication of policies in the workplace, to eliminate discrimination and harassment. Furthermore, the Government indicates that the National Apprenticeship and Trade Testing Board and other job-searching policies aim to ensure equal participation of men and women, and that the Papua New Guinea Occupational Skill Certification Policy and the Employment Policy also to some extent promote equality of opportunity and treatment in employment and occupation. The Committee welcomes the legislative reform and asks the Government to continue to keep it informed of this process. The Committee also asks the Government to provide further details on how the Employment Policy and the Papua New Guinea Occupational Skill Certification Policy promote in practice the objectives of the Convention. Please also include information on any other concrete measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation in practice with respect to all the grounds covered by the Convention, and particularly the grounds of sex, race, colour and national extraction.

7. Article 3(e). Promoting equality in vocational guidance and training, and placement services. The Committee notes the Government’s statement that it will provide more detailed information on this point after the enactment of the Papua New Guinea Occupational Skills Certification Board Act, and after it has been able to collect the necessary information from all relevant agencies. The Committee looks forward to receiving a copy of the Papua New Guinea Occupational Skills Certification Board Act and hopes that the Government will be in a position to provide further information on the measures taken to ensure the observance of the national equality policy in the context of vocational education and training, as well as placement agencies. Please also include statistics disaggregated by sex and ethnic origin, where possible, on the participation in the vocational training programmes offered.

8.  Article 5. Employment of women in heavy labour and night work, and maternity protection. The Committee refers to its previous comments concerning protective measures and maternity protection and notes the Government’s statement that the revision of the Employment Act will cover sections 98–99 regarding the employment of women in heavy labour and night work. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee hopes that, in revising the Employment Act, it will be ensured that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. The Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information on the measures taken to address the disparity between the maternity protection in the private and public sectors.

9. Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s statement that no courts of law or tribunals have handed down decisions relating to the application of the Convention. According to the Government, certain obstacles prevent such cases from coming forward such as the lack of awareness among the public and law enforcers on international labour standards and their importance to national law and practice. The Committee asks the Government to indicate in its next report the measures taken or envisaged, and their impact, to increase the awareness and knowledge of the requirements and objectives of the Convention among law enforcers and the general public. Please also continue to report on any judicial and administrative decisions regarding equality of opportunity and treatment.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes that under article 55(1) of the Constitution all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex, and that under article 45 of the Constitution every person has the right to freedom of choice of employment. However, the Employment Act, 1978 prohibits discrimination only on the basis of sex. The Committee notes from the Government’s report that the Draft Industrial Relations Act 2003 would prohibit discrimination in employment on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, or social origin. The Government is requested to supply the text of the new Industrial Relations Act as soon as it is adopted. Pending the adoption of the Act, please indicate how the ground of “social origin”, contained in the Convention, is to be covered.

2. Discrimination on the basis of sex. With respect to private sector employment, the Committee notes that section 97 of the Employment Act prohibits discrimination against women on the basis of their sex. Recalling that the Convention protects both men and women from discrimination on the basis of sex, the Committee suggests that this provision be amended accordingly in the proposed new Industrial Relations Act. The Committee also considers that section 100 of the Employment Act should be revised in order to ensure that women can not be dismissed on the basis of their pregnancy. (Attention is also drawn to the Committee’s comments on section 97 under Convention No. 100.)

3. With respect to the public service, the Committee wishes to receive further information on the meaning and application in practice of section 32(2)(c)(iv) of the Public Services (Management) Act 1995 which provides that calls for candidates can specify “that only males or females will be appointed, promoted or transferred in particular proportions”. The Committee also notes that under section 20.64 of General Order No. 20, a female officer is only entitled to allowances to cover fares and removal expenses on appointment or transfer, as well as recreation leave air fares in respect to herself and her husband and children if she qualifies as a “breadwinner”. Under section 20.64 of General Order No. 20, a female officer is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee also notes similar provisions in the Teaching Services Act (section 137). While the Committee recognizes that these provisions may reflect current social realities, it must point out that they are in conflict with the principle of equality and may have a discriminatory effect with regard to women’s employment in the public service. The Committee therefore requests the Government to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act, and any other laws and regulations containing similar provisions.

4. Sexual harassment. The Committee notes that in the public service sexual harassment (on the basis of quid pro quo and hostile environment) is a disciplinary offence under General Order No. 15 (sections 15.55 and 15.56), as well as under General Order No. 20 (section 20.73). Complaints can be brought to the departmental head of the Department of Personnel Management and the Public Service Commission. Sexual harassment is also a disciplinary offence under section 20(1)(at) of the Police Act 1998. The Committee asks the Government to provide further information on the application of these provisions in practice, including information on the number and outcomes of any cases brought. Please also provide information on the measures taken to revise this provision on sexual harassment so as to protect men and women equally, and indicate whether the Government is considering taking measures to address sexual harassment also in the private sector.

5. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government to continue the ongoing process of legislative review in order to strengthen national legislation in the light of the Conventions’ requirements and to amend and repeal all provisions regulating private and public employment, which are in conflict with the Convention. The Government is reminded that when reforming its labour legislation, gender-neutral drafting should be ensured. The Government is requested to keep the Committee informed in this regard.

6. Further, the Committee requests the Government to provide information on the concrete and practical measures taken to promote the application of the Convention in practice, including through educational programmes and awareness raising on issues of employment equality or through studies, e.g. on the extent of ethnic discrimination in employment and occupation. The Government is requested to indicate whether any such activities have been undertaken or are envisaged. Please also provide statistical information on the participation of men and women at the different levels of public and private employment.

7. Article 3(e). Vocational guidance and training, and placement services. While noting the information provided by the Government regarding the National Apprenticeship and Trade Testing Board, the Committee would appreciate receiving further information on the measures taken to ensure the observance of the national equality policy in the context of vocational guidance and training, as well as placement services provided under the Government’s authority. Please also provide statistical information on the number of men and women participating in the various training programmes offered.

8. Article 5 of the Convention. Employment of women in heavy labour, night work and maternity protection. The Committee notes the Government’s intention to review sections 98 and 99 of the Employment Act regarding the employment of women in heavy labour and night work, as well as to address the disparity between the maternity protection available in the private and public sectors. Please provide information on any progress made with regard to these matters.

9. Part IV of the report form. Judicial and administrative decisions. The Committee notes that no courts of law or tribunals have given any decision relating to the application of the Convention. The Government is asked to continue to provide information on any judicial or administrative decisions regarding equality of opportunity and treatment. In the absence of such cases, the Committee encourages the Government to identify the obstacles preventing such cases from being brought.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information in its next report on the following points.

1. Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes that under article 55(1) of the Constitution all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex, and that under article 45 of the Constitution every person has the right to freedom of choice of employment. However, the Employment Act, 1978 prohibits discrimination only on the basis of sex. The Committee notes from the Government’s report that the Draft Industrial Relations Act 2003 would prohibit discrimination in employment on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, or social origin. The Government is requested to supply the text of the new Industrial Relations Act as soon as it is adopted. Pending the adoption of the Act, please indicate how the ground of "social origin", contained in the Convention, is to be covered.

2. Discrimination on the basis of sex. In respect to private sector employment, the Committee notes that section 97 of the Employment Act prohibits discrimination against women on the basis of their sex. Recalling that the Convention protects both men and women from discrimination on the basis of sex, the Committee suggests that this provision be amended accordingly in the proposed new Industrial Relations Act. The Committee also considers that section 100 of the Employment Act should be revised in order to ensure that women can not be dismissed on the basis of their pregnancy. (Attention is also drawn to the Committee’s comments on section 97 under Convention No. 100.)

3. In respect to the public service, the Committee wishes to receive further information on the meaning and application in practice of section 32(2)(c)(iv) of the Public Services (Management) Act 1995 which provides that calls for candidates can specify "that only males or females will be appointed, promoted or transferred in particular proportions". The Committee also notes that under section 20.64 of General Order No. 20, a female officer is only entitled to allowances to cover fares and removal expenses on appointment or transfer, as well as recreation leave air fares in respect to herself and her husband and children if she qualifies as a "breadwinner". Under section 20.64 of General Order No. 20, a female officer is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee also notes similar provisions in the Teaching Services Act (section 137). While the Committee recognizes that these provisions may reflect current social realities, it must point out that they are in conflict with the principle of equality and may have a discriminatory effect with regard to women’s employment in the public service. The Committee therefore requests the Government to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act, and any other laws and regulations containing similar provisions.

4.  Sexual harassment. The Committee notes that in the public service sexual harassment (on the basis of quid pro quo and hostile environment) is a disciplinary offence under General Order No. 15 (sections 15.55 and 15.56), as well as under General Order No. 20 (section 20.73). Complaints can be brought to the departmental head of the Department of Personnel Management and the Public Service Commission. Sexual harassment is also a disciplinary offence under section 20(1)(at) of the Police Act 1998. The Committee asks the Government to provide further information on the application of these provisions in practice, including information on the number and outcomes of any cases brought. Please also provide information on the measures taken to revise this provision on sexual harassment as to protect men and women equally, and indicate whether the Government is considering taking measures to address sexual harassment also in the private sector.

5. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government to continue the ongoing process of legislative review in order to strengthen national legislation in the light of the Conventions’ requirements and to amend and repeal all provisions regulating private and public employment, which are in conflict with the Convention. The Government is reminded that when reforming its labour legislation, gender-neutral drafting should be ensured. The Government is requested to keep the Committee informed in this regard.

6. Further, the Committee requests the Government to provide information on the concrete and practical measures taken to promote the application of the Convention in practice, including through educational programmes and awareness raising on issues of employment equality or through studies, e.g. on the extent of ethnic discrimination in employment and occupation. The Government is requested to indicate whether any such activities have been undertaken or are envisaged. Please also provide statistical information on the participation of men and women at the different levels of public and private employment.

7. Article 3(e). Vocational guidance and training, and placement services. While noting the information provided by the Government regarding the National Apprenticeship and Trade Testing Board, the Committee would appreciate receiving further information on the measures taken to ensure the observance of the national equality policy in the context of vocational guidance and training, as well as placement services provided under the Government’s authority. Please also provide statistical information on the number of men and women participating in the various training programmes offered.

8. Article 5 of the Convention. Employment of women in heavy labour, night work and maternity protection. The Committee notes the Government’s intention to review sections 98 and 99 of the Employment Act regarding the employment of women in heavy labour and night work, as well as to address the disparity between the maternity protection available in the private and public sectors. Please provide information on any progress made with regard to these matters.

9. Part IV of report form. Judicial and administrative decisions. The Committee notes that no courts of law or tribunals have given any decision relating to the application of the Convention. The Government is asked to continue to provide information on any judicial or administrative decisions regarding equality of opportunity and treatment. In the absence of such cases, the Committee encourages the Government to identify the obstacles preventing such cases from being brought.