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

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

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.