Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the attached documentation.

1. Recalling its previous request of 1999, the Committee continues to note the current restructuring of the country and in particular the decentralization of the public service. The Committee notes the adoption on 28 May 2001 of the Tokelau (Employer for Tokelau Public Service) Order 2001, under which the Tokelau Employment Commission is recognized as the successor to the New Zealand State Services Commissioner as from 1 July 2001. In this respect it notes the adoption on 10 February 2001 of the Tokelau Public Service Rules 2001, establishing a three-member Tokelau Employment Commission. The Committee notes that the National Fono decides the number of public servants, their range of positions and their salary levels (section 2). It notes that in April 2001 there were 73 men and 59 women public employees. The Committee also notes that the Tokelau Employment Commission is responsible for employment, discipline, termination of employment and for issuing general instructions on standards of behaviour expected of employees (section 4(1)). It notes that public servants’ conditions of employment are regulated in the Tokelau Public Service Manual. The Committee requests the Government to provide with its next report information on any instructions issued by the Tokelau Employment Commission concerning equality in employment and occupation and a copy of the Tokelau Public Service Manual. It also requests the Government to continue to provide statistical information on number of workers, disaggregated by sex for both the public and the private sectors.

2. The Committee also notes the joint report by Tokelau and New Zealand "United Nations Special Committee of 24: Towards a work programme for Tokelau, pursuant to General Assembly Resolution 55/147" of 20 June 2001, attached to the Government’s report, describing the "Modern House Project" concerning the self-determination of Tokelau. It notes that the village councils (Taupulega) are the basis for future government and the "Modern House Project" is the establishment of functional governance structures to serve village and national needs. It requests the Government to provide information on how through this process equality in employment and occupation is ensured in the "Modern House Project".

3. The Committee notes the Government’s statement that a significant promotion of gender equity is under way. It also notes that the three village women’s organizations (Fatupaepae) formed the National Council of Women to foster and develop the role of women in the social, cultural, and economic development. The Committee requests the Government to provide information with its next report on any measures taken by the National Council of Women and other actions carried out at the village levels to raise the awareness of gender equality and to improve the status of women in employment and occupation.