Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Papua New Guinea (Ratification: 2000)

The Committee notes the observations of the International Trade Union Confederation (ITUC) dated 31 August 2011.

Legislative developments. The Committee had been asking the Government to provide information on the status of the Industrial Relations Bill and the review of the Employment Act 1978, including the revision of sections 97 to 100 of the Act. The Committee notes the Government’s indication that the sixth and final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, and actual or perceived HIV or AIDS status, against an employee or applicant for employment or in any employment policy or practice. The Government states that the Bill is being worked on by the State Solicitor’s Office, Department of Justice and Attorney General, and it anticipates that the Bill will be enacted in 2011. The Government further indicates that developments concerning the review of the Employment Act will be communicated to the Office in due course. The Committee also notes that the Decent Work Country Programme for 2009–12 has set labour law reform as a priority. The Committee hopes that the Industrial Relations Bill will be adopted in the near future, and requests the Government to provide information on progress made in this regard, and to forward a copy of the text once it is adopted. It also asks the Government to provide information on any progress made concerning the review of the Employment Act, with a view to aligning the provisions on discrimination with the Industrial Relations Bill and to bring them into conformity with the Convention.

Discrimination on the ground of sex in the public service. The Committee recalls its previous comments regarding the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995 allowing calls for candidates to specify that “only males and females will be appointed, promoted or transferred in particular proportions”, and section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988 concerning restrictions for female teachers with respect to certain allowances. The Committee notes with regret the Government’s indication that no progress has been recorded with regard to amending the discriminatory provisions applying to the public service, and that the consultations with the relevant government agencies, to which the Government made reference in its 2009 report, have not yet started. Recalling its previous comments regarding the discriminatory impact of these provisions, the Committee urges the Government to take expeditious steps, to review and amend the provisions in order to bring them in line with the requirements of the Convention.

Discrimination against certain ethnic groups. The Committee notes that according to the ITUC there has been an increase in violence against Asian workers and entrepreneurs, who are blamed for “taking away employment opportunities”. The ITUC also states that throughout 2009 and 2010, many Asians had been attacked and Asian enterprises looted. The Committee asks the Government to investigate the allegations of discrimination against Asian workers and entrepreneurs including incidents of violence and to provide information on the results of such investigations. The Committee also requests information on the practical measures taken to ensure protection in the context of employment and occupation, against discrimination on the grounds of race, colour, or national extraction, as well as on any measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic groups in employment and occupation.

Additional grounds of discrimination. HIV and AIDS. The Committee notes the HIV and AIDS strategy 2011–15, which includes prevention, counselling, testing, treatment, care and support, and systems strengthening. The Committee further notes the observations of the ITUC that there are no laws prohibiting discrimination against persons living with HIV and AIDS, and that there have been reports of some companies firing persons living with HIV and AIDS. The ITUC also indicates that the Business Coalition against HIV and AIDS has assisted companies to develop HIV and AIDS policies at the workplace. The Committee asks the Government to indicate how it is ensured that discrimination in employment and occupation based on actual or perceived HIV and AIDS status is effectively addressed in the implementation of the HIV and AIDS strategy 2011–15, and the results achieved by such measures. The Committee also once again asks the Government to provide information on the practical application of the HIV and AIDS Management and Prevention Act No. 4 of 2003, including regarding the activities of the National AIDS Council Secretariat.

Disability. The Committee notes the observations of the ITUC that persons with disabilities face discrimination in accessing employment and social services. The Committee asks the Government to reply to the issues set out in the communication of the ITUC regarding discrimination faced by persons with disabilities, and to indicate any steps taken to address these matters.

Sexual orientation. The Committee notes the observations by the ITUC that lesbian, gay, bisexual, and transgender persons face discrimination in employment. The Committee asks the Government to reply to the issues set out in the communication of the ITUC regarding discrimination faced by lesbian, gay, bisexual and transgender people, and to indicate any steps taken to address these matters.

National equality policy. The Committee notes the Government’s indication that there is no concrete or fully detailed document setting out the employment policy. The Government also states that it is verifying if the Occupational Skills Certification Policy exists. The Committee notes that the Government’s report still does not contain any further information on the national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that the Medium Term Development Plan 2011–15 includes sections on gender, and that in Papua New Guinea Vision 2050 (published in November 2009), gender is positioned as one of the seven “Strategic Focus Areas”: “Human Capital Development, Gender, Youth and People Empowerment”. However, the Committee notes that none of the sections of these plans or strategies seem to specifically address the issue of gender equality in employment and occupation. Recalling that a national policy under Article 2 of the Convention necessarily includes the adoption and implementation of concrete and proactive measures aimed at the promotion of equality in employment and occupation in respect of at least all the grounds under the Convention, the Committee once again asks the Government to provide full particulars on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention.

Restrictions on women’s access to certain jobs. The Committee recalls that sections 98 and 99 of the Employment Act prohibit the employment of women, inter alia, in heavy labour and during the night. The Government’s report contains no new information in this regard. The Committee asks the Government to take steps to ensure that protective measures for women are limited to maternity protection. The Committee also asks the Government to provide information on how it is ensured that, in practice, women can have access to all jobs and occupations on an equal footing with men. The Committee also requests information on any awareness-raising activities to rectify stereotyped perceptions regarding women’s capacities and roles in society.

The Committee is raising other points in a request addressed directly to the Government.