Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Tokelau

The Committee notes the observations provided by Business New Zealand (BusinessNZ), transmitted by the Government.

Article 1 of the Convention. Protection against discrimination in the public service. The Committee notes that the Government indicates in its report that: (1) the review of the Human Resources Manual (HRM) is ongoing, and the Code of Conduct of the Tokelau Public Service may be revised in the near future; (2) between 2019 and May 2023, one complaint was lodged for contravention to the Code of Conduct, resulting in the dismissal of one senior public servant; and (3) in the next two years there will be awareness consultations by the Office of the Tokelau Public Service Commission. The Committee asks the Government to provide information on the progress made in the review of the HRM, as well as on any measures taken to raise awareness on the principle of the Convention among public officials. It also asks the Government to continue providing information on the cases brought to the competent authorities for non-compliance with the HRM and the Code of Conduct, including on the nature of the cases and their outcome.

Discrimination based on sex. Maternity protection. Public service. Noting the Government's indication that the HRM review is still ongoing, the Committee trusts that the Government will take the necessary steps to amend sections 7.7(a) and (b) with a view to ensuring that women employed in the public sector for less than one year have the same level of maternity protection as women employed for more than one year, including protection from dismissal.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Government refers to: (1) the adoption of measures to facilitate access to the New Zealand Certificate of Educational Achievement (NCEA) to non-Tokelau learners; (2) the adoption of the Education and Strategic Plan 2020–2023; and (3) the undertaking of research in cooperation with UNICEF and UNESCO with the objective to prepare a Social Protection Framework that addresses gaps for specific groups, including women. The Government also indicates that governmental efforts have been focusing since 2020 on facing the COVID-19 pandemic, including border management and repatriation. The Committee observes that, although the Education and Strategic Plan 2020–23 does not specifically refer to women, it includes among its strategic goals the improvement of the range of learning opportunities and school pathways (goal 5) and the increase of workforce capability and post-school education and training (goal 6). The Committee also takes note that BusinessNZ highlights, in its observations, that educational opportunities in Tokelau remain limited, due to the country's isolation, small population and lack of resources. The Committee asks the Government to provide information on: (i) any measures taken in the framework of the Education and Strategic Plan 2020–2023 to improve the access of boys and girls to educational opportunities, including in areas where they are traditionally less represented; (ii) the progress in adopting a Social Protection Framework and the measures taken to ensure equality between men and women in the coverage provided in relation to employment; and (iii) any measures taken or foreseen to collect statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by sector and occupational categories.