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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kiribati (RATIFICATION: 2009)

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The Committee notes with deep concern that the Government’s report, due since 2019, has not been received. In light of its urgent appeal launched to the Government in 2022, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Protection against discrimination. Legislative developments. Private sector. The Committee recalls the adoption in 2015 of the Employment and Industrial Relations Code (EIRC). It notes with interest that the EIRC defines and prohibits direct and indirect discrimination at all stages of employment, including recruitment, on the basis of all the grounds enumerated by Article 1(1)(a) of the Convention as well as additional grounds as envisaged by Article 1(1)(b) such as ethnic origin, social class or economic status, pregnancy, marital status, sexual orientation or family responsibilities, age, state of health, HIV/AIDS status, disability, trade union membership or activity or involvement in an employment dispute, an investigation or legal proceedings affecting the employer. The Committee requests the Government to provide information on: (i) the practical application of the non-discrimination provisions of the EIRC, including information on the number and nature of cases of discrimination addressed by the competent authorities; and (ii) the measures taken to disseminate the provisions of the EIRC among workers, employers and their organizations as well as enforcement officials.

Indirect discrimination. Recalling that not only direct but also indirect discrimination falls within the scope of the Convention, the Committee notes that the previous legislation provided that “indirect discrimination occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on persons of a certain racial group, colour, sex, religion, political opinion, national extraction, social origin, disability, non-contagious disease including actual or perceived HIV/AIDS status” (section 75B(2) of the Employment (Amendment) Act 2008). The Committee notes however that section 107(3)(b) of the EIRC adopted in 2015, provides that “indirect discrimination occurs when a distinction, exclusion or preference is made on the basis of an attribute that is not [a prohibited reason], but that disproportionately disadvantages people with a particular attribute listed [as a prohibited reason]”. The Committee would like to draw the Government’s attention to the paragraph 745 of its 2012 General Survey on the fundamental Conventions in which it indicates that “[i]ndirect discrimination refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics. It occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job”. In light of the above, the Committee asks the Government to indicate the reasons why the definition of “indirect discrimination” was modified in the EIRC. It also asks the Government to examine the possibility to amend the definition of “indirect discrimination” in section 107(3)(b) of the EIRC to ensure it addresses situations in which a certain treatment is extended equally to everybody but leads to discriminatory results for one particular group protected by the Convention.

Public sector. The Committee requests the Government to indicate how it is ensured that civil servants are protected against discrimination based on the grounds enumerated in Article 1(1)(a) of the Convention and that they benefit from equal opportunity and treatment, including with respect to access to, and terms and conditions of employment. It also requests the Government to provide information on any recent amendments to the National Condition of Service regarding non-discrimination and equality.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes with interest that the EIRC (section 112): (1) defines and prohibits sexual harassment; and (2) provides for sanctions and the development of guidelines on sexual harassment to provide information on the types of behaviour that may constitute sexual harassment and the reasonable steps an employer may take to prevent sexual harassment. The Committee requests the Government to consider including in the definition of sexual harassment an explicit reference to the creation of “an offensive, intimidating or hostile work environment”. It also requests the Government to provide information on: (i) the development of guidelines pursuant to section 112(6) of the EIRC; (ii) any practical measures taken within the framework of the National Policy and Action Plan to Eliminate Sexual and Gender-based Violence for the period 2011–21 to address sexual harassment at work; and (iii) any cases of sexual harassment dealt with by the labour inspection and the courts, including any judicial interpretation of the terms “a reasonable person” in the definition of sexual harassment under section 112(3)(c).

Restrictions on women’s employment. Night work and work in mines.Legislation. With respect to the restrictions regarding night work and work in mines under sections 36, 77 and 79 of the Employment Ordinance, the Committee notes that the Ordinance was repealed by the EIRC. It notes with interest that such restrictions were removed in the EIRC, and special measures are limited to the protection of maternity, including pregnancy.

Article 2. Equal opportunity and treatment for men and women. Vocational education and training, employment. The Committee notes the adoption of the Gender Equality and Women’s Development Plan for the period 2019–21, which includes a specific programme for women’s economic empowerment. It also notes that according to the Kiribati’s 2019/20 Household Income and Expenditure Survey, in the labour force, 25,172 persons were in employment, of which, 59.4 percent (14,956 persons) were male workers and 40.6 per cent (or 10,217 persons) were female workers. The Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about: (1) the persistence, despite those efforts, of discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and society; (2) the lower attainment of women in post-secondary and tertiary education, and their overrepresentation in traditionally female-dominated fields of study and career paths; (3) the insufficient measures to support pregnant girls and women and young mothers in continuing their education; (4) the concentration of women in the informal sector, the gender pay gap in the private sector, the de facto exclusion of women from working in the fishing industry and the disproportionate burden of community work borne by women; (5) the lack of statistics related to women’s employment and the absence of collective bargaining agreements; and (6) the fact that women continue to face barriers in gaining access to financing their entrepreneurial initiatives (CEDAW/C/KIR/CO/1-3, 11 March 2020, paragraphs 27, 37, 39 and 41). The Committee requests the Government to: (i) step up its efforts to promote gender equality; and (ii) adopt measures to address and eliminate obstacles faced by women such as gender-based occupational segregation, gender stereotypes, discrimination based on pregnancy and maternity in education, the unequal distribution of family responsibilities, and difficulties in accessing financing and lands. The Government is also requested to provide information on any measures adopted in this regard as well as on its efforts to collect and provide statistical data disaggregated by sex on the distribution of women and men in the labour market - if possible, by sector of the economy.