Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C111

Direct Request

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The Committee notes the first report from the Government.

Article 1(1)(a) of the Convention. Definition and prohibition of discrimination. The Committee notes that pursuant to amendments made in 2008, new section 75A(1) of the Employment Ordinance of 1966 (Chapter 30) provides for the prohibition against direct or indirect discrimination against any employee or applicant for employment on various grounds, including the grounds of race, colour, sex, religion, political opinion, national extraction, and social origin, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship, in accordance with Article 1(1)(a) of the Convention. In addition, section 75B of the Employment Ordinance provides for the definition and prohibition of indirect discrimination against any employee or prospective employee on all the grounds under Article 1(1)(a) of the Convention. The Committee also notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that pursuant to amendments made in 2008, “worker” includes any immigrant worker, a worker who is apprenticed and any domestic worker and self-employed person. The Committee asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance of 1966, as amended in 2008. Please clarify the difference between “applicant for employment” (section 75A(1)) and “prospective employee” (section 75B(1)) under the Employment Ordinance.

Article 1(1)(b). Additional grounds. The Committee notes that section 75A(1) of the Employment Ordinance provides for additional grounds of discrimination, namely, disability and non-contagious disease including actual or perceived HIV status. The Committee welcomes the inclusion of these additional grounds of discrimination, and asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance, with respect to the grounds of disability and non-contagious disease including actual or perceived HIV status.

Article 1(3). Access to land, credit and loans. The Committee notes that the United Nations Human Rights Council, in the context of the Universal Periodic Review of Kiribati, issued recommendations including regarding the elimination of gender inequality with regard to access to credit and land ownership (A/HRC/15/3, 17 June 2010, paragraph 66.47), based on information prepared by the Office of the High Commissioner for Human Rights that discrimination continues to hinder women from obtaining credit and loans to purchase property (A/HRC/WG.6/8/KIR/2, 19 February 2010, paragraph 13). The Committee recalls that promoting and ensuring access to material goods and services required to carry out an occupation, such as access to land, credit and resources should be part of the objectives of a national policy on equality (General Survey on fundamental Conventions, 2012, paragraph 756). The Committee asks the Government to provide information on the measures taken or envisaged to improve access of women to a wider range of jobs and occupations, including through ensuring that women have equal access to land, credit and loans, as well as to the goods and services necessary for carrying out their occupations.

Article 2. National equality policy. The Committee notes the Government’s reference to the National Policy on Gender Equality and Women’s Development 2011–14. The Committee also notes the Government’s indication that the National Conditions of Service of 2011 do not include specific provisions for non-discrimination in the public sector. No other information is available concerning a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee asks the Government to provide information on a national equality policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to confirm whether the National Policy on Gender Equality and Women’s Development 2011–14 has already been adopted, and to forward a copy of this policy.

Discrimination based on sex. Restrictions on women’s employment. The Committee notes that Part III (sections 76–82) of the Employment Ordinance provides for the employment of women. Section 77 of the Employment Ordinance prohibits employment of women at night, provided that the Minister may by order suspend the prohibition (section 78), and section 79 prohibits employment of women in mines. The Committee also notes the Government’s acknowledgement that sections 77–79 of the Employment Ordinance “is somewhat inconsistent” with the new Part VIIA (section 75A–75E), which was amended in 2008. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex, based on stereotypes regarding women’s professional abilities and role in society which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, 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. (General Survey on fundamental Conventions, 2012, paragraphs 839–840). The Committee further notes that section 36 of the Employment Ordinance provides that in the exercise of discretion by the Commissioner of Labour in granting or refusing a licence in the process of recruitment, the Commissioner shall take into consideration the possible effects of the withdrawal of adult males on the social life and organization of the population. No equivalent provision is contained in the Employment Ordinance for females. The Committee asks the Government to indicate how it is ensured that, in the context of applying sections 36, 77 and 79 of the Employment Ordinance, 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. The Committee notes, however, the Government’s indication that the National Policy on Gender Equality and Women’s Development, 2011–14, includes increased protection for workers against sexual harassment. The Committee asks the Government to provide specific information regarding measures taken pursuant to the National Policy on Gender Equality to increase protection of workers against sexual harassment, and the results of such measures. The Committee also asks the Government to provide information on any other measures taken or envisaged to prevent and address sexual harassment in employment and occupation. In the context of the current process of amending the Industrial Relations Code of 1998, the Committee asks the Government to consider taking the opportunity of the amendment process to include in the Industrial Relations Code a clear definition and prohibition of sexual harassment in employment and occupation, encompassing both quid pro quo and hostile environment sexual harassment, and supported by an appropriate complaints mechanism. The Committee also asks the Government to provide information on the status of the draft amendments to the Industrial Relations Code of 1998, as last amended in 2010.

Article 3. Cooperation of employers’ and workers’ organizations. The Committee notes the Government’s indication that consultation with the tripartite Decent Work Agenda Steering Committee was undertaken in the process of adding section 75A to the Employment Ordinance. The Committee asks the Government to continue to provide information on the activities of the tripartite Decent Work Agenda Steering Committee, and to provide information on any other cooperation with employers’ and workers’ organizations in developing and promoting the acceptance of a national equality policy.

Access to education and vocational training. The Committee notes the Government’s indication that the Kiribati Institute of Technology is currently developing a gender policy on student selection, and that although currently female students’ access to training at the Maritime Training Centre or the Fishing Training Centre is limited, the Maritime Training Centre is in the process of developing a gender policy, aimed at providing training opportunities for female students. The Committee asks the Government to provide information on the development and implementation of the gender policies of the Kiribati Institute of Technology and the Maritime Training Centre, and on any other measures taken or envisaged to encourage equality between men and women in relation to vocational guidance and training, including statistical data disaggregated by sex and race on the number of men and women enrolled in particular courses of vocational guidance and training.

Public sector. The Committee notes the Government’s indication that the National Conditions of Service promote the principle under the Convention in respect of recruitment, promotions, conditions of work and termination of employment in the public sector. The Committee notes, however, that the National Conditions of Service do not appear to include provisions concerning non-discrimination and equality of opportunity and treatment in employment in the public sector. The Committee asks the Government to provide information on practical measures taken to ensure equality between men and women in the public sector, including with respect to terms and conditions of employment and access to posts with career prospects and involving higher levels of responsibility.

Part IV of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that there have been no court decisions and no cases reported to the Ministry of Labour and Human Resources Development, concerning Part VIIA of the Employment Ordinance. The Committee asks the Government to continue to provide information on any relevant court decisions, including of the High Court, with regard to equality in employment and occupation, particularly decisions involving Part VIIA of the Employment Ordinance and to indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.