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, 2 and 3(b). Anti-discrimination legislation. Further to its previous comments regarding the absence of a comprehensive anti-discrimination legal framework, the Committee notes the Government’s indication in its report that the Committee’s comments would be considered and included in the ongoing labour law review. The Committee requests the Government to provide information on the results of the legislative review, in particular regarding any follow-up to its previous request that a comprehensive anti-discrimination legal framework be introduced, with a clear definition and an explicit prohibition of direct and indirect discrimination applicable to all workers in the public and private sectors covering all aspects of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of Convention No. 111, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention.

Sexual harassment. In its previous comments, the Committee requested the Government to: (i) consider including in the labour legislation a clear definition and prohibition of sexual harassment as well as preventive measures and provisions on remedies; and (ii) provide specific information on any practical measures taken or envisaged to prevent and address sexual harassment against both men and women workers. The Committee notes the Government’s indication that: (i) the Committee’s comments had been taken into consideration in the ongoing labour law review; and (ii) any sexual offence cases reported by any workplace would be referred to the relevant authorities for investigation and prosecution. The Committee also notes from the concluding observations adopted by the Committee on the Elimination of Discrimination against Women (CEDAW, July 2025) that protection from sexual harassment for public servants had been introduced through 2018 amendment to the Public Service Act (PSA). The Committee requests the Government to provide a copy of the 2018 amendment to the PSA; and information on: (i) any measures taken in the context of the labour law review to provide protection against sexual harassment in the private sector, including a clear definition and prohibition of sexual harassment in employment and occupation as well provisions on remedies; (ii) the number of cases of sexual harassment in the workplace reported to the relevant authorities; and (iii) the impact of the measures adopted in the public sector to protect workers from sexual harassment.

Article 5. Special measures. Further to its previous comments regarding legal restrictions on women’s employment in the Labour Act (sections 39, 40 and 80(1)(f)) and the need to ensure that, if they so wish, women are able to access employment on an equal footing with men, and that any limitations or restrictions applying to women’s employment are strictly limited to maternity protection, the Committee notes the Government’s indication that necessary actions would be taken to ensure equal treatment between men and women in this regard. The Committee requests the Government to provide information on the measures taken in this regard.

Articles 1 to 3. National policy for equality of opportunity and treatment. Further to its previous request for information on measures taken to address actively discrimination and to promote equality in education, training, employment and occupation without distinction, the Committee notes the information provided by the Government, including measures to improve equal access to education (increased number of secondary schools; scholarships for tertiary students and for vocational education), training (increased training opportunities) and employment (Community Access and Urban Enhancement Project – CAUSE). Regarding its previous comments on the application of article 15(5)(f) of the Constitution, the Committee notes that the Government refers to a constitutional reform which would cover equality and non-discrimination provisions. The Committee requests the Government to provide information on any progress made in the constitutional reform and how it would impact equality and non-discrimination.

Gender equality. In its previous comments, the Committee requested the Government to provide information on the steps taken to implement the National Strategy on the Economic Empowerment of Women and Girls (NSEEWG) 2020–2023, and the results achieved, with respect to: (i) improving women’s access to paid employment and self-employment; (ii) addressing unpaid care work and reconciling work and family responsibilities that fall mainly on women; and (iii) addressing gender stereotypes and prejudice concerning the aspirations, abilities and suitability for certain jobs of girls and women, in particular in vocational guidance and training. The Committee notes the Government’s reference to the National Human Resources Development & Training Plan (NHRDTP) which prioritizes actions to increase women’s education, training, and employment participation, prioritizing women’s participation in skills learning. The Committee also notes that in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+30 national report), the Government refers to the National Gender Equality and Women’s Development (GEWD) Policy 2021–2027 as the overarching framework for achieving gender equality and women’s rights in Solomon Islands, and to the following gender-specific subsidiary policies: the Ending violence against women and girls Policy 2021–2027; the NSEEWG 2020–2023; the Women Peace and Security National Action Plan 2017–2020; and the Affirmative Action Strategy 2022–2027 – Accelerating Women’s prospects and pathways to leadership, decision-making and governance. Regarding its previous request for statistics on the participation of women and men in the public and private sectors, the Committee notes information from the 2019 census that: (i) the labour force participation rate among working-age Solomon Islanders (defined as people aged 12 years and older, with 51 per cent men and 49 per cent women) was 55 per cent (of which 54 per cent men and 46 per cent women); and (ii) women were overrepresented in the unpaid care and domestic work (44 per cent men and 56 per cent women) and in the informal economy (74 per cent of employed women and 58 per cent of employed men). The Committee requests the Government to provide information on concrete measures taken in pursuance of the policies mentioned in its report to achieve better equality for women in all aspects of employment, and on the impact on such measures.

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

Articles 1 to 4. Gender pay gap. Further to its previous request on the need for data to support a gender pay gap assessment, the Committee notes the Government indication in its report that it was in the process of: (i) securing funds to conduct a labour force survey, with technical assistance from the ILO; and (ii) conducting a survey of the legal minimum wage. The Committee requests the Government to provide information on progress made in this regard.

Articles 1 to 3. Principle of equal remuneration for work of equal value. Objective job evaluation methods. Further to its previous request on the need to give full legislative expression to the principle of equal remuneration for work of equal value and to promote the use of objective job evaluation methods free from gender bias to fully implement that principle, the Committee notes that the Government refers to the ongoing labour law reform and implementation of the above-mentioned strategies. The Committee requests the Government to ensure that its previous comments on this matter are fully taken into account in the labour law reform and to provide information on progress made in this regard.

Article 2. Wage-fixing mechanisms. Further to its previous request, the Committee notes that Government’s indication that the reason for a differentiated minimum wage rate applying to those employed in the fishing and agricultural sectors is that accommodation is provided for free by employers in these sectors.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Co-operation with workers’ and employers’ organizations. Further to its previous comments, the Committee notes that the Government refers to the Labour Advisory Board (LAB), the national tripartite advisory body for employment-related matters. It requests the Government to provide information on the LAB’s activity in the field of equality and non-discrimination.

Enforcement. Further to its previous request, the Committee notes the Government’s indication that non-compliance detected by the labour inspectorate would be settled through mediation and negotiation. It requests the Government to indicate whether any cases have been dealt with that concerned issues of discrimination in employment; and whether any such cases have been addressed by the courts.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. With reference to its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) on gender equality and occupational gender segregation, the Committee recalls that, on the whole, there is a lack of availability of up-to-date statistical information disaggregated by sex regarding the remuneration received by women and men, and their participation in both the formal and informal economy. The Committee draws the Government’s attention to the fact that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee asks once again the Government to provide information on any measures taken to: (i) collect and compile statistical information disaggregated by sex regarding the distribution of women and men in different occupational categories or sectors of the economy and on their respective levels of earnings, in the informal and formal economy; and (ii) conduct research or studies on the gender pay gap and its underlying causes. The Committee reminds the Government that it can avail itself of the technical assistance of the Office in this regard.

Articles 1, 2(2)(a) and 3. Equal remuneration for work of equal value. Definition of remuneration. Objective job evaluation. Legislative framework. The Committee recalls that, both in the public and the private sectors, there are no legal provisions giving effect to the Convention, that is: (1) reflecting the principle of equal remuneration for men and women for work of equal value; (2) providing for a broad definition of “ remuneration” to encompass not only wages but 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 (3) providing for any kind of objective job evaluation to ensure equal remuneration. With respect to both the private and the public sectors, the Committee asks the Government to provide information on any measures taken to: (i) give full legislative expression to the principle of equal remuneration for men and women for work of equal value; (ii) introduce a broad definition of the term “remuneration” in line with Article 1(a) of the Convention; and (iii) introduce provisions promoting the use of objective job evaluation methods free from gender bias to fully implement the principle of the Convention.

Article 2. Minimum wage. The Committee recalls that as women generally predominate in low-wage employment, an increase of the minimum wage may have a positive impact on raising their wage and reducing the gender pay gap. The Committee therefore welcomes the Government’s indication that the National Minimum Wage (Amendment) Regulations 2020 came into effect and the minimum wage has been doubled. The Committee notes that, according to the Government’s report, the minimum wage applies across all sectors. It observes however that the previous minimum rate for those employed in the fishing and agricultural sectors – in which women outnumber men – was different than the rate for “all workers”. The Government adds that the minimum wage is promoted through awareness talks to employers and sometimes labour surveys and labour inspectors ensure it is applied to all workers. The Committee asks the Government: (i) to confirm that there are two minimum wage rates (one for “all workers” and one for those employed in the fishing and agricultural sectors) and, if so, to explain the reasons for these different rates; (ii) to continue to provide information on any development regarding the minimum wage; and (iii) if possible, provide data disaggregated by sex on the number of workers covered by the minimum wage and on the impact of its significant increase on women’s remuneration.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee asks once again the Government to provide information on: (i) the composition and mandate of any tripartite body put in place; and (ii) any initiatives undertaken by this body or by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness raising and enforcement. The Committee asks once again the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for work of equal value among labour inspectors, government officials, workers, employers, judges and the public in general. It also asks the Government to provide information on any cases of unequal remuneration between men and women reported to or detected by the labour inspectors or dealt with by the courts.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. Anti-discrimination legal framework. The Committee recalls that: (1) the Labour Act of 1960 (Cap. 73), the Employment Act of 1981 (Cap. 72) and the Public Service Act of 1988 (Cap. 92) do not contain any provisions regarding discrimination in employment and occupation; and (2) article 15(1)–(4) of the Constitution prohibits discrimination with respect to legislation, acts of public officials and authorities, and access to certain services and public places, on the basis of race, place of origin, political opinion, colour, creed or sex, but does not apply to non-citizens or to laws that make “provision for the application of customary law” (article 15(5)(b) and (d)). In this regard, the Committee recalls that the protection against discrimination afforded by the Convention applies to all workers without any distinction, including to non-citizens, and that it considers that general constitutional provisions are in principle not sufficient to effectively address specific situations of discrimination in employment and occupation. In addition, in its 2012 General Survey on the fundamental Conventions, the Committee observes that a number of legislative features contribute to addressing discrimination and promoting equality and, in particular, it welcomes legislation containing the following: coverage of all workers; provision of a clear definition of direct and indirect discrimination; a prohibition of discrimination with comprehensive coverage, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof to the employer once a prima facie case of discrimination has been established; protection against retaliation; affirmative action measures; provision for the adoption and implementation of equality policies or plans at the workplace, as well as for the collection of relevant data at different levels (see paragraph 855). In light of the above, the Committee asks once again the Government to consider introducing a comprehensive antidiscrimination legal framework or to include in the national labour legislation a clear definition and an explicit prohibition of direct and indirect discrimination applicable to all workers in the public and private sectors covering all aspects of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention.

Articles 1(1)(a) and 5. Discrimination based on sex and protective measures. Legal restrictions on women’s employment. The Committee recalls: (1) the legal restrictions in the Labour Act regarding night work of women (section 39) and the employment of women in mines (section 40); and (2) the possibility for the Minister to make rules for the purpose of “restricting or prohibiting the employment of women in any specified class of undertaking” (section 80(1)(f)). In its 2023 General Survey on Achieving Gender Equality at Work, the Committee emphasizes that provisions relating to the protection of persons working under hazardous or difficult conditions 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. Lists of types of work or occupations prohibited because of the danger they pose to health, including reproductive health, should be determined on the basis of an assessment based on scientific evidence and progress, as well as technological developments, showing that there are specific risks to the health of women and, if applicable, of men. Restrictions to employment beyond maternity protection in the strict sense are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures to protect the health of men and women (paragraph 86). Moreover, the Committee wishes to recall that it indicated in its 2012 General Survey that, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary, such as those addressing improved health protection for both men and women, adequate transportation and security and social services, to ensure that women can access employment on an equal footing with men (paragraphs 839–840). The Committee asks once again the Government to indicate whether, under section 80(1)(f) of the Labour Act, any rules have been issued by the Minister with a view to restricting or prohibiting the employment of women. It further asks the Government to consider reviewing sections 39, 40 and 80(1)(f) of the Labour Act in light of the principle of gender equality, with a view to ensuring that, if they so wish, women are able to access employment on an equal footing with men, and that any limitations or restrictions applying to women’s employment are strictly limited to maternity protection.

Sexual harassment. The Committee notes from the Government’s report the adoption of the National Policy to Eliminate Violence Against Women and Girls (2016 – 2020), according to which: (1) the Public Service Commission must develop a zero-tolerance policy for all government workplaces that can be adapted to Non-Governmental Organizations and the private sector; and (2) five priority outcomes have to be achieved (holistic prevention strategies; strengthening of legal frameworks, law enforcement and the justice system; improved access for victims to medical, legal and protective services; accountability and rehabilitation of perpetrators; and development of national commitments and coordination). While noting that the Policy does not cover specifically sexual harassment at work, the Committee welcomes the commitment of the Government to address violence against women both in the public and the private sectors. It recalls nevertheless that, as a serious form of discrimination based on sex, sexual harassment against both men and women needs to be prevented, addressed and sanctioned under the Convention. In particular, it notes that, in its report Beijing +25, the Government indicates that, among others, very high rates of sexual harassment are of particular ongoing concern in the public sector. In this regard, the Committee recalls that it had welcomed the inclusion of provisions regarding sexual harassment in the Public Service Code of Conduct but noted that there were no provisions in force for the private sector. Referring to paragraphs 111 to 117 its 2023 General Survey, the Committee asks the Government to: (i) consider including in the labour legislation a clear definition and prohibition of sexual harassment (quid pro quo and hostile work environment) in employment and occupation as well as preventive measures and provisions on remedies; and (ii) provide specific information on any practical measures taken or envisaged to prevent and address sexual harassment against both men and women workers, such as awareness-raising campaigns or research, under the National Policy to Eliminate Violence Against Women and Girls (2016–20) and otherwise.

Articles 2 and 5. National equality policy. Special measures.While encouraging the Government to develop and implement a national equality policy, as required by Article 2 of the Convention, the Committee asks once again the Government to provide detailed information on: (i) any measures taken to address actively discrimination and to promote equality in education, training, employment and occupation without distinction, at least on the basis of sex, race, colour, religion, political opinion, national extraction or social origin; and (ii) any positive measures adopted or envisaged, in accordance with article 15(5)(f) of the Constitution regarding the advancement of the more disadvantaged members of the community with a view to achieving effective equality of opportunity and treatment, and on their impact on the employment of such persons.

Gender equality policy. The Committee notes from the national report Beijing + 25 that the Demographic and Health Survey (DHS) of 2015 reported that: (1) over half of women were unemployed in the year preceding the survey; (2) only 37 per cent of women were employed, and of these women, almost half were not paid; and (3) outside of the capital, women are most likely to work in agriculture, where 80 per cent of women in the workforce are not paid. The report adds that: (1) the over-representation of women in the unpaid workforce has repercussions for women’s financial security and economic opportunities more broadly; 2) significant barriers for women in this area are the demands of unpaid care work, lack of access to credit and small loans, and lack of financial literacy; and 3) despite significant and ongoing efforts, women are still under-represented at the highest levels and further efforts are needed. The Committee welcomes the adoption of a new National Strategy on the Economic Empowerment of Women and Girls (NSEEWG) for 2020–23, based on the findings of the review of the previous NSEEWG in 2019, which found that good progress had been made but that there was still considerable work to be done to address the low economic status of women in the country and the challenges they face in accessing economic opportunities. The NSEEWG 2020–23 focuses on five key strategic focus areas: gender mainstreaming, with a particular focus on the resource sector activities especially for rural women; financial inclusion through financial literacy, savings clubs and access to affordable financial services – especially targeting the informal sector; enterprise development and support and improved employment opportunities; creating an enabling environment through legislation and policy changes and institutional strengthening of the Ministry of Women, Youth, Children and Family Affairs including monitoring, research and knowledge sharing. The Committee asks the Government to provide information on the steps taken to implement the NSEEWG 2020-2023, and the results achieved, with respect to: (i) improving women’s access to paid employment and self-employment; (ii) addressing unpaid care work and reconciling work and family responsibilities that fall mainly on women; and (iii) addressing gender stereotypes and prejudice concerning the aspirations, abilities and suitability for certain jobs of girls and women, in particular in vocational guidance and training. It also asks once again the Government to provide any available recent statistics to enable an evaluation of the participation of women and men in the public and private sectors.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that consultations and social dialogue with social partners take place annually to consider the effects on salaries, allowances and incentives of the cost of living and inflation. The Committee asks the Government to provide information on any cooperation undertaken with employers’ and workers’ organizations concerning specifically discrimination and equality in employment and occupation, including any training and awareness-raising activities undertaken or envisaged to ensure the acceptance and observance of any equality policy and their participation in the implementation of the NSEEWG 2020–23.

Enforcement. Recalling the essential role of labour inspectors in detecting and addressing discrimination, including sexual harassment, in employment and occupation, the Committee asks once again the Government to provide information on their enforcement and guidance activities in this respect. It further asks the Government to provide information on the number, nature and outcome of discrimination cases dealt with by the courts, indicating the ground(s) concerned, the sanctions imposed, and the remedies granted.

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

The Committee notes the Government’s first report on the application of the Convention.

Article 1 of the Convention. Anti-discrimination legal framework. The Committee notes that the Labour Act of 1960 (Cap. 73), the Employment Act of 1981 (Cap. 72) and the Public Service Act of 1988 (Cap. 92) do not contain any provisions regarding discrimination in employment and occupation. It notes however that the Public Service Code of Conduct provides that “discrimination occurs when someone makes a preference or excludes another person from equal opportunity in employment because of issues such as race, age, gender or disability” and that it prohibits discriminatory actions and language. The Committee also notes that the National University Act 2012 (No. 9 of 2012) prohibits discrimination based on religion, ethnicity, place of origin, gender or political allegiance in the context of admission to a university as a member, professor, teacher, student or office holder and graduation (section 46). The Committee further notes that Article 15(1)–(4) of the Constitution prohibits discrimination with respect to legislation, acts of public officials and authorities, and access to certain services and public places, on the basis of race, place of origin, political opinion, colour, creed or sex. The Committee observes that, pursuant to Article 15(5)(b) and (d) of the Constitution, the constitutional provisions concerning the prohibition of discriminatory laws do not apply to non citizens or to laws that make “provision for the application of customary law”. The Committee recalls that the protection against discrimination afforded by the Convention applies to all workers, without any distinction, including to non citizens. Further, the Committee considers that general constitutional provisions are in principle not sufficient to effectively address specific situations of discrimination in employment and occupation, and that in most cases comprehensive anti-discrimination legislation is necessary if the obligations under the Convention are to be discharged. The Committee considers that a number of legislative features contribute to addressing discrimination and promoting equality and, in particular, it welcomes legislation containing the following: coverage of all workers; provision of a clear definition of direct and indirect discrimination; a prohibition of discrimination with comprehensive coverage, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof to the employer once a prima facie case of discrimination has been established; protection against retaliation; affirmative action measures; provision for the adoption and implementation of equality policies or plans at the workplace, as well as for the collection of relevant data at different levels (see General Survey on the fundamental Conventions, 2012, paragraph 855). In light of the above, the Committee asks the Government to consider introducing a comprehensive anti discrimination legal framework or to include in the national labour legislation prohibitions against direct and indirect discrimination applicable to all workers in the public and private sectors covering all aspects of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee also asks the Government to indicate how it ensures that customary law does not give rise to discrimination based on any of the above grounds, and particularly sex, in relation to employment and occupation.

Articles 1(1)(a) and 5. Discrimination based on sex and protective measures. Restrictions on women’s employment. The Committee notes that section 39 of the Labour Act prohibits the employment of women at night (with exceptions, such as emergency cases, the holding of a position of management or nursing) and that section 40 restricts the employment of women in mines, except for women holding management positions who do not perform manual work, and for women employed in health or welfare services. The Committee also notes that, pursuant to section 80(1)(f), the Minister may make rules for the purpose of “restricting or prohibiting the employment of women in any specified class of undertaking”. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which fall within the scope of Article 5 of the Convention, and those that are based on stereotypes regarding women’s professional abilities and their role in society. The latter violate the principle of equality in employment and occupation. The Committee also wishes to point out that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking into account gender differences with regard to specific risks to their health. In addition, the Committee wishes to emphasize that, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary, such as those addressing improved health protection for both men and women, adequate transportation and security and social services, to ensure that women can access employment on an equal footing with men (see General Survey on the fundamental Conventions, 2012, paragraphs 839–840). The Committee asks the Government to indicate whether, under section 80(1)(f) of the Labour Act, any rules have been issued by the Minister with a view to restricting or prohibiting the employment of women, and to indicate how it is ensured that, in the context of applying sections 39, 40 and 80(1)(f) of the Labour Act, women are able to access employment on an equal footing with men, and that any limitations or restrictions applying to women’s employment are strictly limited to maternity protection.

Sexual harassment. The Committee notes that there are no legislative provisions defining and prohibiting sexual harassment in employment and occupation. It notes however that, under the Public Service Code of Conduct, public officers have a responsibility to ensure that their workplace is “free from harassment, including sexual harassment” by ensuring that their behaviour is “not offensive, intimidating, humiliating, threatening or inappropriate”. The Committee recalls that sexual harassment is a serious form of discrimination that undermines equality at work by calling into question the integrity, dignity and well-being of workers and that it damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. The Committee further recalls that definitions of sexual harassment should contain the following elements: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; (2) the explicit or implicit use of a person’s rejection of, or submission to, such conduct as a basis for a decision which affects that person’s job; and (3) any conduct that creates an intimidating, hostile or humiliating working environment for the recipient (see General Survey on the fundamental Conventions, 2012, paragraphs 789–794). Welcoming the provisions in the Public Service Code of Conduct regarding harassment, in particular sexual harassment, the Committee asks the Government to consider including in the labour legislation a clear definition and prohibition of sexual harassment in employment and occupation encompassing both quid pro quo and hostile environment sexual harassment, supported by an appropriate complaints mechanism. The Committee asks the Government to provide specific information on any practical measures taken or envisaged to protect both men and women workers against sexual harassment.

Article 2. National equality policy. The Committee notes that several policies, such as the National Development Strategy (2011–20), the National Policy on Disability (2005–10) and the National Policy on eliminating violence against women, include strategies aimed at promoting equality, in particular gender equality, and equal opportunities in education and employment for persons with disabilities. While encouraging the Government to develop and implement a national equality policy, as required by the Article 2 of the Convention, the Committee asks the Government to provide detailed information on any measures taken under the above policies, or otherwise, to address discrimination and to promote equality in education, training, employment and occupation without distinction, at least on the basis of sex, race, colour, religion, political opinion, national extraction or social origin. The Committee asks the Government to provide information on any positive measures adopted or envisaged, in accordance with Article 15(5)(f) of the Constitution regarding the advancement of the more disadvantaged members of the community with a view to achieving effective equality of opportunity and treatment, as well as information on the impact of these measures on the employment of such persons.

Gender equality policy. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed its concern at the following: the inadequate education infrastructure affecting girls; the lower literacy rate of women (79.2 per cent, compared with 88.9 per cent among men); gender segregation at the tertiary education level and women’s and girls’ traditional choices at rural training centres; the high drop-out rates among girls; the high number of early pregnancies and the dismissal of pregnant girls from school; the absence of measures to promote equal employment opportunities for women in the formal economy; and the absence of sex-disaggregated statistical data on the participation of women in the labour market (CEDAW/C/SLB/CO/1-3, 14 November 2014, paragraphs 32–34). The Committee further notes CEDAW’s observation that “stereotypes and harmful practices constitute a serious challenge to the equality of women and men owing to the prevailing patriarchal society, which subordinates women to men, overemphasizes women’s roles as mothers and housewives and neglects their active participation in decision-making and other aspects of public life” (CEDAW/C/SLB/CO/1-3, paragraph 22). The Committee notes that the Ministry of Women, Youth, Children and Family Affairs launched a National Strategy for the Economic Empowerment of Women and Girls in October 2015. The Committee asks the Government to provide information on any steps taken to promote equality between girls and boys in education and in vocational training, particularly the introduction of measures to encourage girls to attend and stay in school and to undertake vocational training, including in areas where boys traditionally predominate. The Committee further asks the Government to provide information on any steps taken, within the framework of the National Strategy for the Economic Empowerment of Women and Girls, or otherwise, to improve women’s access to paid employment and self-employment, and to combat gender stereotypes and prejudice concerning their aspirations, abilities and suitability for certain jobs. It also asks the Government to provide any available statistics to enable an evaluation of the situation of women and men in the public and private sectors.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that there is no tripartite system in place and that the Department of Labour has sought technical assistance from the Office to establish such machinery. It further notes the Government’s acknowledgement of the critical importance of workers, employers and the Government jointly discussing and agreeing on proposed labour policies. The Committee asks the Government to provide information on any developments concerning the establishment of a tripartite consultation system and on any cooperation with employers’ and workers’ organizations concerning discrimination and equality in employment and occupation, including any training and awareness-raising activities undertaken or envisaged.

Enforcement. Recalling the essential role of labour inspectors in detecting and addressing discrimination, including harassment, in employment and occupation, the Committee asks the Government to provide information on their enforcement and guidance activities in this respect. It further asks the Government to provide information on the number, nature and outcome of discrimination cases dealt with by the courts.

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

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. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1(a) of the Convention. Definition of remuneration. In its first report, the Government recognizes that, no specific legislation gives effect to Article 1(a) of the Convention. Sections 16 and 17 of the Labour Act (Chapter 75) of 1981 lay out various regulations regarding “wages” but do not provide a specific definition of the term. While section 25 refers to the concept of remuneration, it does not provide a definition per se, providing only that contracts providing remuneration other than wages are not illegal, so long as the non-monetary items are expressed in monetary terms. The Committee wishes to draw the attention of the Government to the fact that the Convention sets out a very broad definition of “remuneration” which captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind; as well as payments made directly as well as indirectly by the employer to the worker which arise out of the worker’s employment. Such a broad definition is necessary since, if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. Further, the Committee notes that, in the Government’s report to the Human Rights Council distributed on 30 October 2015, it is indicated that the Ministry of Public Service is finalizing a new Public Service Bill to strengthen the public sector human resource management and governance framework, and that this Bill will support equal employment opportunities and anti-discrimination frameworks already in place. Specifically, the Government reports that the Bill will address equal opportunity for all persons to compete for employment, promotion, transfer and training (A/HRC/WG.6/24/SLB/1, paragraphs 6 and 19). The Committee requests the Government to consider the possibility of introducing a broad definition of the term “remuneration” in the legislation – which would include basic wages, allowances and any other emoluments in accordance with Article 1(a) of the Convention. In addition, noting that the Public Service Act of 1 July 1988 does not include a definition of remuneration, the Committee requests the Government to consider the possibility of introducing in the Public Service Bill, which is currently be discussed, a broad definition of the term “remuneration” – in accordance with Article 1(a) of the Convention. Noting that the Government indicates that it is working towards the re-establishment of the Labour Advisory Board, which will be reviewing the labour laws in force and the information that a Tripartite Labour Law Review Committee has been recently established, the Committee asks the Government to clarify the relationship between these two bodies, their respective mandates and if they have started their work.

Articles 1 and 2. Gender pay gap across formal and informal economies. In its report to the Committee on the Elimination of Discrimination against Women (CEDAW), the Government indicates that, “[w]hile female participation in the labour force has increased, there are still significant gender gaps in participation rates, occupational levels and wages” (CEDAW/C/SLB/1-3, 2013, 1 November 2013, paragraph 254). This analysis is supplemented by statistics in the National Development Strategy 2011–20, which demonstrate that there has been a decline in the formal employment of women in recent years with the share of women in waged employment in professional and technical jobs falling from 32.3 per cent in 2000 to 25 per cent in 2010. The ILO Decent Work Country Programme (2009–12) for the Solomon Islands also states that there are more than twice as many men as women in paid employment, while in unpaid work women outnumber men by about 25 per cent. The Solomon Islands Demographic and Health Survey of 2007 further found that 56.1 per cent of women who were employed were not paid, either in cash or in kind for their work (CEDAW/C/SLB/1-3, paragraph 324). The Committee notes that, on the whole, there is a lack of availability of statistical information disaggregated by sex regarding the remuneration received by women and men in both the formal and informal economy. The Committee draws the Government’s attention to the fact that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee requests the Government to provide information on the following:

• – measures taken to collect statistical information disaggregated by sex regarding the distribution of women and men in different occupations and on their respective levels of earnings, in the informal and formal economy; and
• – measures taken or envisaged to conduct research or studies on the gender pay gap and its underlying causes.

Fixing of wages in the public sector. The Committee notes the Government’s indication that the Public Services Commission (PSC) supervises the application of the principle of equal remuneration. The Government further indicates that an independent committee of the PSC Board determines remuneration based on the nature of the job, the required experience, qualifications, etc., and positions are advertised openly and that the Board provides an equal opportunity for all to apply. The Government also indicates that the principle of equal remuneration is applied through a fair and equal employment recruitment system, which is reflected in the mission objective of the PSC. However, the Committee notes that, neither the Public Service Act of 1988 nor the Public Service Commission Regulations of 1998, have provisions that set out the right to equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information on any measures taken to ensure that the system for wage setting in the public sector fully takes into account the principle of equal remuneration for men and women for work of equal value and, in particular, that tasks primarily performed by women are not being undervalued. The Committee asks the Government to provide information on how it is ensured that remuneration determinations by the PSC Board are carried out without any gender bias. The Committee requests the Government to provide information on the number of women and men currently occupying different posts in the public service, as well as their respective wage levels.

Rates of remuneration. Private sector. The Committee notes from the Government’s report that according to the Labour Act (Cap 73), the Minister of Commerce, Industries and Labour is responsible for determining wage rates in the private sector through the Minimum Wages Board, and that the most recent amendment (2008) brought the minimum wage up to 4.00 Solomon Islands dollars (SBD) per hour for all workers and SBD3.20 per hour for those employed in the fishing and agricultural sectors. The Committee notes from the 2009 Population and Housing Census that 52.1 per cent of the population of the Solomon Islands work in the fishing and agricultural sectors, and that women outnumber men in this sector. As women predominate in low-wage employment, a uniform national minimum wage system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap, as it can help to raise the earnings of the lowest paid. The Committee asks the Government to provide information on the manner in which rates of remuneration beyond the minimum wage are determined in the private sector, and on the criteria and methods used to determine the minimum wage in the fishing and agricultural sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Public Service Commission Board provides for increments through each grade based on performance appraisals and on the job experience, and through a comparison of the cost of living adjustments for specific positions at respective salary scales. The Government indicates, however, that the assessment is not disaggregated by sex. The Committee draws the Government’s attention to the fact that the concept of “equal value” provided for in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. This objective job evaluation is different from the performance appraisal of jobs which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation measures the relative value of jobs on the basis of the work to be performed. It is concerned with evaluating the job not the individual worker (see General Survey, 2012, paragraphs 695–696). The Committee invites the Government to adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and asks it to provide information on progress achieved in this regard.

Article 4. Cooperation with employers’ and workers’ organizations. Noting the Government’s indication that it is working towards the re-establishment of a Labour Advisory Board, which would be mandated to consider – among other things – issues related to equal remuneration, the Committee asks the Government to provide information on the composition and mandate of the Labour Advisory Board, as well as information on any initiatives undertaken by the Board with a view to promoting the principle of the Convention and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Practical application. The Committee notes the Government’s indication that the authority to ensure and supervise the application of the provisions related to equal remuneration is with the Department of Labour, and therefore all legislation relating to employment and occupation is administered and supervised through that Department. The Government provides no information concerning statistical data on the number of cases involving violations of the principle of the Convention. In addition, the Committee notes that there are no court cases reported related to the Convention. The Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of the Convention. Please also provide information on the content of any training offered to government officials, workers, employers, judges and civil society.

Statistical information. The Committee notes that the National Policy on Gender Equality and Women’s Development of 2010 and its plan of action proposes the establishment of a Gender Management Information System in the Ministry for Women, Youth, Children and Family Affairs. According to the Government’s report to CEDAW in 2013, this system, while still in its nascent stages, is currently under development (CEDAW/C/SLB/1-3, paragraph 92). The Committee also notes from the Decent Work Country Programme report (2009–12) that the Ministry of Finance and Planning is attempting to establish a central Human Resources Database, which would facilitate collaboration between different Ministries and stakeholders that use and produce labour market information. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, with a view to setting priorities and designing appropriate measures, monitoring and evaluating the impact of such measures, and making any necessary adjustments (see General Survey, 2012, paragraph 891). The Committee hopes that the Government will be in a position in the near future to provide statistical data, disaggregated by sex, on the participation of men and women, in the various sectors and occupations, and their corresponding levels of remuneration, and requests the Government to provide information on any developments made in this regard.

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

The Committee notes the Government’s first report and asks it to provide further information on the following points.

Article 1(a) of the Convention. Definition of remuneration. In its report, the Government recognizes that, no specific legislation gives effect to Article 1(a) of the Convention. Sections 16 and 17 of the Labour Act (Chapter 75) of 1981 lay out various regulations regarding “wages” but do not provide a specific definition of the term. While section 25 refers to the concept of remuneration, it does not provide a definition per se, providing only that contracts providing remuneration other than wages are not illegal, so long as the non-monetary items are expressed in monetary terms. The Committee wishes to draw the attention of the Government to the fact that the Convention sets out a very broad definition of “remuneration” which captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind; as well as payments made directly as well as indirectly by the employer to the worker which arise out of the worker’s employment. Such a broad definition is necessary since, if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. Further, the Committee notes that, in the Government’s report to the Human Rights Council distributed on 30 October 2015, it is indicated that the Ministry of Public Service is finalizing a new Public Service Bill to strengthen the public sector human resource management and governance framework, and that this Bill will support equal employment opportunities and anti-discrimination frameworks already in place. Specifically, the Government reports that the Bill will address equal opportunity for all persons to compete for employment, promotion, transfer and training (A/HRC/WG.6/24/SLB/1, paragraphs 6 and 19). The Committee requests the Government to consider the possibility of introducing a broad definition of the term “remuneration” in the legislation – which would include basic wages, allowances and any other emoluments in accordance with Article 1(a) of the Convention. In addition, noting that the Public Service Act of 1 July 1988 does not include a definition of remuneration, the Committee requests the Government to consider the possibility of introducing in the Public Service Bill, which is currently be discussed, a broad definition of the term “remuneration” – in accordance with Article 1(a) of the Convention. Noting that the Government indicates that it is working towards the re-establishment of the Labour Advisory Board, which will be reviewing the labour laws in force and the information that a Tripartite Labour Law Review Committee has been recently established, the Committee asks the Government to clarify the relationship between these two bodies, their respective mandates and if they have started their work.

Articles 1 and 2. Gender pay gap across formal and informal economies. In its report to the Committee on the Elimination of Discrimination against Women (CEDAW), the Government indicates that, “[w]hile female participation in the labour force has increased, there are still significant gender gaps in participation rates, occupational levels and wages” (CEDAW/C/SLB/1-3, 2013, 1 November 2013, paragraph 254). This analysis is supplemented by statistics in the National Development Strategy 2011–20, which demonstrate that there has been a decline in the formal employment of women in recent years with the share of women in waged employment in professional and technical jobs falling from 32.3 per cent in 2000 to 25 per cent in 2010. The ILO Decent Work Country Programme (2009–12)for the Solomon Islands also states that there are more than twice as many men as women in paid employment, while in unpaid work women outnumber men by about 25 per cent. The Solomon Islands Demographic and Health Survey of 2007 further found that 56.1 per cent of women who were employed were not paid, either in cash or in kind for their work (CEDAW/C/SLB/1-3, paragraph 324). The Committee notes that, on the whole, there is a lack of availability of statistical information disaggregated by sex regarding the remuneration received by women and men in both the formal and informal economy. The Committee draws the Government’s attention to the fact that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee requests the Government to provide information on the following:

• - measures taken to collect statistical information disaggregated by sex regarding the distribution of women and men in different occupations and on their respective levels of earnings, in the informal and formal economy; and
• - measures taken or envisaged to conduct research or studies on the gender pay gap and its underlying causes.

Fixing of wages in the public sector. The Committee notes the Government’s indication that the Public Services Commission (PSC) supervises the application of the principle of equal remuneration. The Government further indicates that an independent committee of the PSC Board determines remuneration based on the nature of the job, the required experience, qualifications, etc., and positions are advertised openly and that the Board provides an equal opportunity for all to apply. The Government also indicates that the principle of equal remuneration is applied through a fair and equal employment recruitment system, which is reflected in the mission objective of the PSC. However, the Committee notes that, neither the Public Service Act of 1988 nor the Public Service Commission Regulations of 1998, have provisions that set out the right to equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information on any measures taken to ensure that the system for wage setting in the public sector fully takes into account the principle of equal remuneration for men and women for work of equal value and, in particular, that tasks primarily performed by women are not being undervalued. The Committee asks the Government to provide information on how it is ensured that remuneration determinations by the PSC Board are carried out without any gender bias. The Committee requests the Government to provide information on the number of women and men currently occupying different posts in the public service, as well as their respective wage levels.

Rates of remuneration. Private sector. The Committee notes from the Government’s report that according to the Labour Act (Cap 73), the Minister of Commerce, Industries and Labour is responsible for determining wage rates in the private sector through the Minimum Wages Board, and that the most recent amendment (2008) brought the minimum wage up to 4.00 Solomon Islands dollars (SBD) per hour for all workers and SBD3.20 per hour for those employed in the fishing and agricultural sectors. The Committee notes from the 2009 Population and Housing Census that 52.1 per cent of the population of the Solomon Islands work in the fishing and agricultural sectors, and that women outnumber men in this sector. As women predominate in low-wage employment, a uniform national minimum wage system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap, as it can help to raise the earnings of the lowest paid. The Committees asks the Government to provide information on the manner in which rates of remuneration beyond the minimum wage are determined in the private sector, and on the criteria and methods used to determine the minimum wage in the fishing and agricultural sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Public Service Commission Board provides for increments through each grade based on performance appraisals and on the job experience, and through a comparison of the cost of living adjustments for specific positions at respective salary scales. The Government indicates, however, that the assessment is not disaggregated by sex. The Committee draws the Government’s attention to the fact that the concept of “equal value” provided for in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. This objective job evaluation is different from the performance appraisal of jobs which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation measures the relative value of jobs on the basis of the work to be performed. It is concerned with evaluating the job not the individual worker (see 2012 General Survey, paragraphs 695–696). The Committee invites the Government to adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and asks it to provide information on progress achieved in this regard.

Article 4. Cooperation with employers’ and workers’ organizations. Noting the Government’s indication that it is working towards the re-establishment of a Labour Advisory Board, which would be mandated to consider – among other things – issues related to equal remuneration, the Committee asks the Government to provide information on the composition and mandate of the Labour Advisory Board, as well as information on any initiatives undertaken by the Board with a view to promoting the principle of the Convention and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Practical application. The Committee notes the Government’s indication that the authority to ensure and supervise the application of the provisions related to equal remuneration is with the Department of Labour, and therefore all legislation relating to employment and occupation is administered and supervised through that Department. The Government provides no information concerning statistical data on the number of cases involving violations of the principle of the Convention. In addition, the Committee notes that there are no court cases reported related to the Convention. The Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of the Convention. Please also provide information on the content of any training offered to government officials, workers, employers, judges and civil society.

Statistical information. The Committee notes that the National Policy on Gender Equality and Women’s Development of 2010 and its plan of action proposes the establishment of a Gender Management Information System in the Ministry for Women, Youth, Children and Family Affairs. According to the Government’s report to CEDAW in 2013, this system, while still in its nascent stages, is currently under development (CEDAW/C/SLB/1-3, paragraph 92). The Committee also notes from the Decent Work Country Programme report (2009–12) that the Ministry of Finance and Planning is attempting to establish a central Human Resources Database, which would facilitate collaboration between different Ministries and stakeholders that use and produce labour market information. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, with a view to setting priorities and designing appropriate measures, monitoring and evaluating the impact of such measures, and making any necessary adjustments (see 2012 General Survey, paragraph 891). The Committee hopes that the Government will be in a position in the near future to provide statistical data, disaggregated by sex, on the participation of men and women, in the various sectors and occupations, and their corresponding levels of remuneration, and requests the Government to provide information on any developments made in this regard.