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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Tokelau

Other comments on C111

Direct Request

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The Committee notes the observations of Business New Zealand, attached to the Government’s report.

Protection against discrimination in the public service. With regard to the implementation of the Public Service Code of Conduct, the Government states that there have been no complaints filed against the public service for discrimination. The Committee notes the Government’s indication that all public servants are expected to read and understand the Code, and that staff may discuss the application of the Code with their Directors or with the Human Resources Manager at any time. The Committee requests the Government to continue to provide information on the practical application of the Public Service Code of Conduct, including information on measures taken to raise awareness of the Code’s provisions on non-discrimination and harassment among public servants, and on any complaints or disciplinary proceedings under section 13.1(b) of the Human Resources Manual for the Public Service. The Committee also asks the Government to provide information on how it is ensured that discrimination based on colour, national extraction, political opinion and social origin is prohibited in employment and occupation.

Discrimination based on sex. In its previous comments, the Committee requested the Government to provide information on the employment status of women employed for less than one year in the public service who take leave for maternity reasons with a view to determining whether such women are denied maternity protection, including protection from dismissal. The Government states that while section 7.7(a) of the Human Resources Manual for the Public Service provides that women who have been employed for at least one year may be granted leave without pay for up to six months, the manual does not specify whether women employed for less than one year are entitled to the same leave. The Government states that such women are entitled to apply for leave without pay for a period of up to six months, but do not qualify for the 30-day paid leave to which women who have been employed for more than one year are entitled. The Government of Tokelau indicates that the maternity leave policy should be amended once the review of the manual recommences. The Committee notes that Business New Zealand indicates that maternity leave is discretionary but it is more likely than not that it will be granted, and that, because the Convention does not explicitly mention maternity leave, such policies may not be within the Convention’s purview. The Committee recalls that distinctions in employment and occupation based on pregnancy or maternity are forms of sex discrimination, as they can only, by definition, affect women (General survey on fundamental Conventions, 2012, paragraph 784), and as such are covered by Article 1(1)(a) of the Convention, and protection from dismissal based on pregnancy or maternity is important in this regard. With regard to the National Policy for Women of Tokelau 2010–15, the Government indicates that the policy aims to create opportunities and improve the level of women’s participation in all sectors of life. The specific goals identified by the policy include equal access to formal and non-formal education and training and equal economic participation for women. The Committee notes that annual progress reports will be submitted to the National Council for Women and Tokelau Government, and that a mid-term review will be conducted which will give rise to a Plan of Action based on the findings of the review. The Committee requests the Government to provide information on steps taken to implement the measures set out under Goals 4 and 5 of the National Policy for Women with regard to education and economic participation, including copies of the annual progress reports. The Committee encourages the Government to amend the Human Resources Manual for the Public Service in order to ensure that women employed in the public service for less than one year have the same level of maternity protection as those women employed for more than one year, including protection from dismissal.

Statistics. The Committee notes the employment statistics from the 2011 Tokelau Census provided in the Government’s report, which indicate that in 2011 there were 202 women and 287 men employed. The gender composition of the General Fono remained static, with three women and 17 men. The Committee also notes the horizontal sex segregation of occupational categories in the private sector, particularly within the group of technicians and trades workers, which was comprised of four women and 77 men. The Committee asks the Government to continue to provide statistics on the distribution and remuneration levels of men and women in the public and private sectors.