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

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of Business New Zealand communicated with the Government’s report.

Article 1 of the Convention. Protection against discrimination in the public service. The Committee previously noted that: (1) section 2.5 of the Public Service Code of Conduct of 2004 provides that employees shall “not discriminate against, harass (including sexual harassment) or bully others including for the reasons of gender, race, age, disability, religious or ethical beliefs”; and (2) section 13.1(b) of the Public Service Human Resources Manual (HRM) of 2004 provides for disciplinary proceedings when an employee contravenes the provisions of the Code of Conduct. The Committee notes the Government’s statement, in its report, that workshops were conducted where villages Human Resources Advisors and national public services come together to ensure that they share common understandings, interpretations and applications of the public service policies and procedures stipulated in the HRM, Code of Conduct and other policies. It further notes that the review of the HRM is still ongoing and the Office of the Tokelau Public Service Commission will conduct the remaining consultations across the villages and the public service before the final version is submitted to the General Fono for consideration. The Committee asks the Government to continue to provide information on the application in practice of the Public Service Code of Conduct, including on any complaints or disciplinary proceedings under section 13.1(b) of the HRM. It further asks the Government to provide information on: (i) the progress made in the review of the HRM; and (ii) any specific steps taken to raise awareness among public officials of the Code’s provisions on non-discrimination and harassment.

Discrimination based on sex. Maternity protection. Public service. The Committee previously noted that, pursuant to section 7.7(a) and (b) of the HRM, women employed for less than one year in the public service do not qualify for the 30-day paid maternity leave, and pointed out that making maternity leave conditional upon at least one year of service would exclude women employed for less than one year from maternity protection, including protection against dismissal, which would be contrary to the Convention. It also noted that, during consultations on the Manual in villages, women asked for a review of the provisions concerned. Recalling that the review of the HRM is still ongoing, the Committee asks the Government to take the necessary steps to amend section 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. With respect to the employment of women, the Committee notes that, according to the 2016 Tokelau Census of Population and Dwellings, more men than women are in paid employment (70.0 per cent and 49.9 per cent respectively), with women being concentrated in the following sectors: labourers, agriculture and fisheries workers (40 per cent), professionals workers (36 per cent), and clerical and administrative workers (10 per cent). In contrast, men are more likely than women to be technicians and trade workers (20.1 per cent of men, and 1.5 per cent of women). Traditional roles are also reflected in unpaid work where men mostly help with village fishing (59.4 per cent), while women mostly care for the children (80.6 per cent). The Committee further notes, from the census, that in 2016, 31.3 per cent of women had no qualification compared to 29.6 per cent of men. However, the proportion of women still studying at tertiary level was higher than for men (7.9 per cent and 3.1 per cent respectively). The Committee notes the Government’s statement that, while the National Policy and Action Plan for Women of Tokelau (NPAP) ended in 2015, the Tokelau National Strategic Plan 2016–2020 and Villages Plans capture the essence of improving the quality lives for all the people of Tokelau and women are included. The Committee observes that the National Strategic Plan contains a specific outcome to improve education but that no specific reference is made to women’s access to training or employment. The Government further indicates that the Tokelau National Women Conference held in April 2019 was an opportunity to empower the women and girls of Tokelau with knowledge and information pertaining to national core services provided for the people of Tokelau, in particular education, and particularly closely examining those national services from women’s perspectives. It adds that, as a result of the conference, a report with resolutions and recommendations on specific services that must be improved to remove any barriers and discrimination against women and girls was developed and will be submitted to the competent authority. Welcoming this information, the Committee asks the Government to provide information on: (i) any measures taken to improve equality of opportunity and treatment between men and women in all aspects of employment and occupation, including education, training and employment, in the framework of the Tokelau NSP 2016-2020 or otherwise; (ii) any steps taken to develop a new national policy and action plan for women of Tokelau; (iii) the conclusions and recommendations in the report adopted following the Tokelau National Women Conference; and (iv) the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 3(d) of the Convention. Protection against discrimination in the public service. The Committee notes the Government’s indication that there have been no complaints filed against public sector employers for discrimination under the Public Service Code of Conduct. The Government also states that all public officials 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 asks the Government to continue providing information on the application in practice of the Public Service Code of Conduct, including on any complaints or disciplinary proceedings under section 13.1(b) of the Human Resources Manual for the Public Service. The Committee also once again asks the Government to provide information on any specific steps taken to raise awareness of the Code’s provisions on non discrimination and harassment among public officials.

Discrimination based on sex. The Committee refers to its previous comments on the extent of the maternity protection afforded under section 7.7(a) of the Human Resources Manual for the Public Service to women who have been employed for less than one year in the public sector. The Committee notes the Government’s indication that the only difference in the applicable regime resides in the fact that women employed for over a year will have their first 30 consecutive days of leave treated as leave with pay, whereas the same entitlement does not apply to a woman who has been employed for less than one year. The Government, however, indicates that this issue was highlighted by women during village consultations on the Manual, and they asked for a review of the policy. The Committee notes that the Government reiterates its statement that the maternity leave policy will therefore be amended when the Human Resource Manual review recommences. Regarding the implementation of the National Policy for Women of Tokelau, the Committee notes the information provided by the Government on the National Women’s Policy and Action Plan (2010–15) which includes, among its eight goals, ensuring equal access for women to formal and non-formal education and training, and equal economic participation for all women. The Committee reiterates its request for information on the practical implementation of the National Women’s Policy and Action Plan (2010–15) and its results in relation to education, training, employment and occupation. The Committee also asks the Government to provide information on any developments concerning the amendment of the Human Resources Manual for the Public Service 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.

Statistics. The Committee asks the Government to provide updated statistics on the distribution and remuneration levels of men and women in the public and private sectors.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Protection against discrimination in the public service. The Committee notes from the Government’s report that members of the public service are being encouraged to familiarize themselves with the Public Service Code of Conduct and can contact or lodge complaints with the human resources manager regarding discrimination based on gender, race or other factors. The Committee notes that there have been no disciplinary proceedings. It further notes the Government’s intention to ensure that measures continue to be put in place to protect vulnerable employees against discrimination based on colour, race, religion, political opinion and social origin. The Committee asks the Government to continue to provide information on the practical application of the Public Service Code of Conduct and any measures taken to ensure that no discrimination occurs, in law and in practice, on the grounds of race, gender and religious beliefs. Please also provide information on the steps taken to ensure that emerging forms of discrimination that may lead to discrimination based on colour, national extraction, political opinion and social origin in employment and occupation are being carefully monitored.

Discrimination based on sex. The Committee recalls its comments relating to sections 7.7(a)–(c) and 7.10 of the Human Resources Manual for the Public Service which may have the effect in practice that women employed in the public service for less than a year may not enjoy maternity protection, including protection against dismissal. The Committee notes the comments of Business New Zealand concerning the provisions in the Manual excluding women with less than one year of service. It also notes the Government’s indication that the amendments to the Manual, including the sections on maternity leave, will be addressed during the implementation of the National Policy and Action Plan for Women 2010–15. The Committee asks the Government to continue to provide information on the amendments to the Human Resources Manual for the Public Service regarding maternity leave, and to clarify the status of the employment relationship of women employed less than one year in the public service who have to take leave from work for maternity reasons (especially confinement and postnatal leave). The Committee also looks forward to receiving a copy of the National Policy and Action Plan for Women 2010–15, and requests information on the specific measures included in the Policy and Plan to promote equality of opportunity and treatment of men and women in employment and occupation.

Employment statistics. The Committee notes the statistics on men and women employed in the different departments of the national public service, and in the General Fono, indicating that 35 men and 27 women are employed in the public service and Teletok, and that three women are members of the General Fono (compared to 17 men). The Committee asks the Government to continue to provide statistics on the distribution of men and women in the various levels and grades of the public service and the General Fono, as well as of the distribution of men and women in the various trades and occupations in the private sector.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the New Zealand Trade Union Council (NZTUC), attached to the Government’s report.

Protection against discrimination in the public service. With reference to its comments concerning the implementation of the Public Service Code of Conduct and the Public Service Manual, the Committee notes the Government’s statement that no disciplinary proceedings have yet been taken against employees violating the provisions on non-discrimination and harassment of the Code. The Committee asks the Government to continue to provide information on the practical application of the Public Service Code of Conduct, as well as to indicate any measures taken or envisaged to ensure that no discrimination occurs, in law and in practice, in the public service, on the grounds of race, gender and religious beliefs.

Grounds of discrimination. The Committee notes the Government’s statement that discrimination on the basis of colour, national extraction, political opinion and social origin is not an issue in the Tokelau public service, and that section 2.5 of the Code of Conduct protects all employees against any kind of discrimination. The Committee recalls that under the Convention these grounds are listed grounds upon which discrimination is prohibited. The Committee wishes to emphasize that even though certain forms of discrimination may not be an issue today, new forms of discrimination may emerge over time due to labour market and societal changes. It therefore asks the Government to monitor carefully any emerging forms of discrimination in law and in practice that may result in or lead to discrimination in employment and occupation on the basis of colour, national extraction, political opinion and social origin.

Discrimination based on sex. Maternity leave. In its previous comments, the Committee had raised questions regarding sections 7.7(a)–(c) of the Public Service Manual. These appear to imply that in practice maternity leave could be substituted for leave without pay, putting women in a disadvantaged position as compared to men with regard to their leave entitlements. Moreover, section 7.10 makes maternity leave conditional upon at least one year of service thus excluding women employed for less than a year from maternity protection, including dismissal, which is contrary to the Convention. The Committee notes the Government’s statement that it may consider amending section 7.7(a) and (b) to provide for three months’ maternity leave. The Government remains silent however with respect to its intention to amend section 7.10 of the Manual. Noting the Government’s commitment to securing maternity leave protection for all women, the Committee asks the Government to bring all the provisions, including section 7.10, regarding maternity protection of the Public Service Manual into conformity with the Convention, and to keep it informed of the progress made in amending the Manual.

National policy. The Committee notes that a draft national policy for women and a national plan of action is being developed. The Committee would be grateful to receive a copy of the national policy and action plan on women, once they have been adopted, and it hopes that these will include activities to promote equality of opportunity and treatment between men and women in employment and occupation.

Employment statistics. The Committee notes that out of the 45 national public servants, 19 are men and 26 are women. A total of 28 staff falls within the salary grading, with eight men and 20 women. The other 17 staff members are contract workers, 11 of whom are men and six of whom are women. The Committee also notes the information provided by the NZTUC that employment levels in the public service are similar for men and women and that there is a trend towards increasing representation by women in the General Fono. The Committee asks the Government to continue to provide data on the distribution of men and women in the General Fono and at the various levels of the public service, as well as their distribution in the various trades and occupations in the private economy.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the comments, attached to the Government’s report, by Business New Zealand, the New Zealand Council of Trade Unions (NZCTU), which include a copy of the General CEDAW Note on Tokelau and the Role of Women submitted to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NZL/6, 8 May 2006, Appendix 3).

1. Article 1 of the Convention. Protection against discrimination in the public service. The Committee notes that the Tokelau Public Service Code of Conduct of 2004 requires public service employers to develop and implement a human resources policy which includes “good and safe working conditions including freedom from harassment and discrimination”. Section 2.5 of the Code provides that employees shall “not discriminate against, harass (including sexual harassment) or bully others including for the reasons of gender, race, age, disability, religious or ethical beliefs”. The Committee further notes that section 13.1(b)(viii) of the Public Service Manual of 2004 provides for disciplinary proceedings when an employee contravenes the provisions of the Code of Conduct. The Committee asks the Government to provide information in its next report on the practical application of these provisions, including on any disciplinary proceedings taken on the basis of section 13.1(b)(viii). Please also indicate how protection against discrimination is provided with respect to the other grounds set forth in Article 1(1)(a) of the Convention, in particular “colour, national extraction, political opinion and social origin”.

2. Discrimination based on sex. Maternity leave. The Committee notes that section 7.7(a) of the Public Service Manual provides that female employees who have completed at least one year’s service, may be granted maternity leave without pay for a period of up to two months. However, the first 30 consecutive days may subsequently be treated as leave on pay, provided that the employee resumes work before the expiry of six months’ leave, and that the position of the employee will be held for six months only (section 7.7(b) and (c)). It further notes that the Public Service Manual provides for leave without pay for both men and women for a period of up to 12 months (section 7.10). The Committee wishes to assure itself that the abovementioned provisions do not amount in practice to substituting maternity leave for leave without pay which would constitute discrimination against women. The Government is therefore invited to elaborate in its next report on the practical application of these provisions so as to ensure that women are not put in a disadvantageous position as compared to men with regard to their leave entitlements. Furthermore, the Committee points out that making maternity leave conditional upon at least one year of service would exclude women employed for less than one year from maternity protection, including protection against dismissal, which would be contrary to the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to secure maternity leave for all women employees.

3. Practical application in the public and private sector. Please provide statistical information disaggregated by sex on the number of men and women employed in each of the positions in the grading and salary scales in Appendix 1, as well as information on the measures taken to improve the status of women in employment and occupation and the results achieved.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the comments, attached to the Government’s report, by Business New Zealand, the New Zealand Agency for International Development (NZAID) and the New Zealand Council of Trade Unions (NZCTU), which include a copy of the Periodical Report on Tokelau submitted by the Government of New Zealand to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NZL/5, 14 October 2004, Appendix 4).

1. Article 1(1)(a) of the Convention. Protection against discrimination. The Committee notes the continuing restructuring of the public service. It notes that, following a decision of the Tokelau Public Service Commission of Inquiry, the Tokelau Employment Commission has been disestablished and that in future the village employment committees will be responsible for employment matters at the village level and the General Fono at the national level. It also notes the new draft Public Service Manual and the draft Code of Conduct for the public service requiring employers to develop a human resources policy which should include "good and safe working conditions including freedom from harassment and discrimination". Section 2.5 of the draft Code provides that employees shall "not discriminate against, harass (including sexual harassment) or bully others including for the reasons of gender, race, age, disability, religious or ethical beliefs", omitting the grounds of "colour, national extraction, political opinion and social origin". The Committee looks forward to the adoption of the Manual and the Code and asks the Government to provide information on their application in practice, once adopted. Please also indicate how protection against discrimination is provided with respect to the other grounds set forth in Article 1(1)(a) of the Convention.

2. Practical application in the public and private sector. The Committee notes that most full-time employment is in the public service where there has been a significant promotion of gender equality. It notes that currently 32 women and 36 men work in the Tokelau public service. Referring to Appendix 1 of the draft Public Service Manual, the Committee would be grateful if the Government would provide information disaggregated by sex, on the corresponding grades in which they are employed. Noting further the indication by NZCTU that under the current more monetized economic regime, those who are not engaged in paid employment may be considered to be relatively disadvantaged, the Committee asks the Government to provide statistical and other information, disaggregated by sex, on the employment/unemployment rates of men and women.

3. The Committee notes that the women’s groups (fatupaepae) decided not to re-establish the National Council for Women but that instead local women’s groups would be strengthened to promote women’s economic development through marketing and handicrafts. The Committee welcomes in this regard the assistance provided by NZAID as well as the activities undertaken under the sustainable development component of the "Modern House Project" to assist women in economic development. It asks the Government to continue to provide information on the activities taken to improve the status of women in employment and occupation, and the results achieved.

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report as well as the attached documentation concerning the legal system of Tokelau.

1. In its previous direct request, the Committee asked for information on how the current restructuring of the country, in particular the decentralization of the public service to the village level, would continue to promote developments pertinent to the application of equality in employment, as set out in the Convention. While noting the Government's reply that the restructuring still has to be put in place and that Tokelau is establishing the necessary village and national systems to take over the present public service functions, the Committee would nevertheless be grateful if the Government would provide the above-requested information in its next report. The Committee also requests the Government to provide a copy of the document entitled "Modern House of Tokelau" concerning the ongoing constitutional process, which was endorsed by the General Fono (the national representative body) in 1998.

2. The Committee notes the statement of the Government that the issue of adapting Tokelau's labour law (based on the Tokelau Amendment Act, 1967, and the instructions of the State Services Commission) to the needs of the changing situation in Tokelau is under continuing review. It notes that a body of drafting work has already been undertaken in the area of employment at both the village and national levels, which complies with the existing international obligations. The Committee requests the Government to forward copies of any legislation, including draft legislation, concerning the application of the principle of the Convention at both the national and village levels.

3. The Committee notes the additional information on Tokelau annexed to the report of the Government of New Zealand on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/NZL/3-4, 18 March 1998), including the statement submitted by the delegation of Tokelau to the Fourth World Conference on Women in Beijing in 1995. The Committee notes from this information that, although men's and women's roles in Tokelau society are still very much prescribed by traditional values and cultural practices with regard to decision-making, women's roles are slowly changing. In its statement to the Fourth World Conference on Women, the Tokelau delegation indicates that the lack of awareness concerning women's issues and rights in Tokelau society needs to be addressed and that specific focus needs to be given to educating women to have the knowledge to better understand issues relating to them. This will enable them to participate in formulating and implementing policies and plans which are better geared towards women's needs and rights. The Committee would be grateful if the Government could keep it informed regarding any action taken to raise awareness of women's rights in the context of equality in employment and occupation.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its report. Noting the changes taking place in Tokelau and, in particular, the decentralization of the public service to the village level, the Committee requests the Government to provide, in its next report, information on how this restructuring will continue to promote developments pertinent to the application of equality in employment, as set out in the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report, including copies of the labour inspection reports of the Tokelau Public Service (the only significant employer on the island) dated 1988, 1989 and 1991.

1. As regards appointments to the Tokelau Public Service (which are based upon work experience and competence, personal qualities and attributes, and relevant education and other qualifications) and the awareness of the need to appoint women into job categories traditionally dominated by men, the Committee again asks the Government to continue its efforts to appoint women to non-traditional areas and to provide information in its next report on the results achieved in this regard, including statistical data.

2. The Committee again notes the Government's indication that no specific measures have been taken to ensure that women and men have equal opportunities and receive equal treatment in employment and occupation, particularly in the public service. Duly considering Tokelau's unique features and the figures supplied on training opportunities for public servants (19 took courses of whom 12 were women), the Committee again expresses the hope that the Government will, to the extent possible, take measures to ensure equal access to employment and to particular occupations and equal terms and conditions of employment - such as recruitment and promotion. It accordingly requests the Government to supply detailed information in its next report on the practical application of the terms of the Convention, including statistical data, results of inspections, judicial decisions or administrative procedures.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the information supplied in reply to its previous direct requests.

1. With respect to employment in the Tokelau Public Service (TPS), the Committee notes that appointments are based upon work experience and competence, personal qualities and attributes, and relevant education and other qualifications. It also notes that, within the constraints of the above criteria, TPS management is conscious of the need, and wherever possible attempts, to appoint women in particular to "non-traditional" areas. The report cites two examples of women moving into categories traditionally dominated by men. The Committee hopes that the Government will continue its efforts to appoint women to non-traditional areas and to supply information in its next report in this regard.

2. The Committee further notes that, according to the Government's report, no specific measures have been taken to ensure equality of opportunity for both sexes. The Committee hopes the Government will, to the extent possible, take measures to ensure that women and men have equal opportunities and receive equal treatment in employment in the public service. In this regard, the Committee recalls the importance of providing equal access to educational institutions, vocational training and guidance and placement services to both girls and boys, and men and women, to enable both sexes, on an equal footing, to enter into employment of their own choice and to advance in accordance with their individual character, experience, ability and diligence.

3. The Committee notes the information supplied on the practical application of section K of the Tokelau Public Service Manual and requests the Government to continue providing information on the sex and position of persons in the public service who have benefited from training under this provision. The Committee also requests the Government to provide information on any other educational or vocational training opportunities offered to members of the public service, and to indicate the sex and position of persons benefiting from such provisions.

The Committee requests the Government to attach, with its next report, the statistics called for under point V of the report form, as well as copies of labour inspection reports of the Tokelau Public Service from 1988 to the present.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information supplied by the Government in its report including copies of the "Tokelau Public Service Manual", "Tokelau Public Service, Classification List of Staff - 1 April 1988", and the report entitled "Inspection of the Tokelau Public Service: January/February 1988".

The Committee notes with interest from the information provided that posts within the public service are generally filled with persons of both sexes, both across the various job classifications and among the various salary steps and grades. Referring to paragraph 97 of its 1988 General Survey on Equality in Employment and Occupation which discusses the problems posed under the Convention by sex-based stereotyping of jobs, the Committee also notes some tendency for persons of a particular sex to hold positions traditionally held by persons of that sex, as demonstrated by an all-male communication directorate, public works directorate and police force, and female-dominated teaching and nursing staff. Having due consideration for the unique aspects of Tokelau, the Committee asks that the Government provide with its next report information concerning measures taken or envisaged to ensure the existence of equality of opportunities in employment and occupation, particularly in the filling of vacant posts within the public service, as they become available, with members of both sexes. The Committee asks also that information be provided on the practical application of Section K: Educational and Technical Qualifications and Training of the Tokelau Public Service Manual, particularly indicating the sex and position of persons in the public service who have benefited from training under the section.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows: