Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls that the Government indicated previously that section 8 of the final draft of the Industrial Relations Bill would prohibit direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. At the time, the Government also stated that it would report any development regarding the revision of sections 97–100 of the Employment Act, 1978, which only prohibit sex-based discrimination against women. The Committee notes that none of these Bills has yet been enacted, despite the fact that the latest Decent Work Country Programme (2018–22), in the same way as the previous ones, has set as a priority the enactment of the Industrial Relations Bill and the revision of the Employment Act through the adoption of a new Employment Relations Bill. In this regard, the Committee observes that, according to the United Nations Development Programme Country Programme 2018–22, the country’s instability is impeding progress towards the elaboration and promulgation of revised laws. While acknowledging the difficult situation prevailing in the country, the Committee asks the Government to act expeditiously to review and amend these laws, in collaboration with workers’ and employers’ organizations, in order to bring them into line with the requirements of the Convention and to provide information on any progress made in this regard.

Discrimination on the ground of sex. Public service. The Committee recalls that in its last comment it noted that the new Public Services (Management) Act adopted in 2014 maintains the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995 and allows employers to advertise for candidates indicating that only males or females will be appointed, promoted or transferred in “particular proportions”. It also noted that section 20.64 of General Order No. 20, as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for her husband and children if she is the breadwinner (a female officer or female teacher is considered to be the breadwinner only if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed) had not been modified. In the absence of any information on this point, the Committee urges the Government to review and amend these laws to bring them into conformity with the Convention.

Article 2. National equality policy. In its previous comments, the Committee, noting that the issue of gender equality in employment and occupation seems to be addressed in some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality 2011–15, emphasized that it is essential for attention be given to all the grounds of discrimination set out in the Convention in formulating and implementing a national equality policy (2012 General Survey on the fundamental Conventions, paragraphs 848–849).  In the absence of information in this regard, the Committee once again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to develop and implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin).

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