Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kiribati (Ratification: 2009)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes with deep concern that the Government’s report, due since 2019, has not been received. In light of its urgent appeal launched to the Government in 2022, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Protection against discrimination. Legislative developments. Private sector. The Committee recalls the adoption in 2015 of the Employment and Industrial Relations Code (EIRC). It notes with interest that the EIRC defines and prohibits direct and indirect discrimination at all stages of employment, including recruitment, on the basis of all the grounds enumerated by Article 1(1)(a) of the Convention as well as additional grounds as envisaged by Article 1(1)(b) such as ethnic origin, social class or economic status, pregnancy, marital status, sexual orientation or family responsibilities, age, state of health, HIV/AIDS status, disability, trade union membership or activity or involvement in an employment dispute, an investigation or legal proceedings affecting the employer. The Committee requests the Government to provide information on: (i) the practical application of the non-discrimination provisions of the EIRC, including information on the number and nature of cases of discrimination addressed by the competent authorities; and (ii) the measures taken to disseminate the provisions of the EIRC among workers, employers and their organizations as well as enforcement officials.

Indirect discrimination. Recalling that not only direct but also indirect discrimination falls within the scope of the Convention, the Committee notes that the previous legislation provided that “indirect discrimination occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on persons of a certain racial group, colour, sex, religion, political opinion, national extraction, social origin, disability, non-contagious disease including actual or perceived HIV/AIDS status” (section 75B(2) of the Employment (Amendment) Act 2008). The Committee notes however that section 107(3)(b) of the EIRC adopted in 2015, provides that “indirect discrimination occurs when a distinction, exclusion or preference is made on the basis of an attribute that is not [a prohibited reason], but that disproportionately disadvantages people with a particular attribute listed [as a prohibited reason]”. The Committee would like to draw the Government’s attention to the paragraph 745 of its 2012 General Survey on the fundamental Conventions in which it indicates that “[i]ndirect discrimination refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics. It occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job”. In light of the above, the Committee asks the Government to indicate the reasons why the definition of “indirect discrimination” was modified in the EIRC. It also asks the Government to examine the possibility to amend the definition of “indirect discrimination” in section 107(3)(b) of the EIRC to ensure it addresses situations in which a certain treatment is extended equally to everybody but leads to discriminatory results for one particular group protected by the Convention.

Public sector. The Committee requests the Government to indicate how it is ensured that civil servants are protected against discrimination based on the grounds enumerated in Article 1(1)(a) of the Convention and that they benefit from equal opportunity and treatment, including with respect to access to, and terms and conditions of employment. It also requests the Government to provide information on any recent amendments to the National Condition of Service regarding non-discrimination and equality.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes with interest that the EIRC (section 112): (1) defines and prohibits sexual harassment; and (2) provides for sanctions and the development of guidelines on sexual harassment to provide information on the types of behaviour that may constitute sexual harassment and the reasonable steps an employer may take to prevent sexual harassment. The Committee requests the Government to consider including in the definition of sexual harassment an explicit reference to the creation of “an offensive, intimidating or hostile work environment”. It also requests the Government to provide information on: (i) the development of guidelines pursuant to section 112(6) of the EIRC; (ii) any practical measures taken within the framework of the National Policy and Action Plan to Eliminate Sexual and Gender-based Violence for the period 2011–21 to address sexual harassment at work; and (iii) any cases of sexual harassment dealt with by the labour inspection and the courts, including any judicial interpretation of the terms “a reasonable person” in the definition of sexual harassment under section 112(3)(c).

Restrictions on women’s employment. Night work and work in mines.Legislation. With respect to the restrictions regarding night work and work in mines under sections 36, 77 and 79 of the Employment Ordinance, the Committee notes that the Ordinance was repealed by the EIRC. It notes with interest that such restrictions were removed in the EIRC, and special measures are limited to the protection of maternity, including pregnancy.

Article 2. Equal opportunity and treatment for men and women. Vocational education and training, employment. The Committee notes the adoption of the Gender Equality and Women’s Development Plan for the period 2019–21, which includes a specific programme for women’s economic empowerment. It also notes that according to the Kiribati’s 2019/20 Household Income and Expenditure Survey, in the labour force, 25,172 persons were in employment, of which, 59.4 percent (14,956 persons) were male workers and 40.6 per cent (or 10,217 persons) were female workers. The Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about: (1) the persistence, despite those efforts, of discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and society; (2) the lower attainment of women in post-secondary and tertiary education, and their overrepresentation in traditionally female-dominated fields of study and career paths; (3) the insufficient measures to support pregnant girls and women and young mothers in continuing their education; (4) the concentration of women in the informal sector, the gender pay gap in the private sector, the de facto exclusion of women from working in the fishing industry and the disproportionate burden of community work borne by women; (5) the lack of statistics related to women’s employment and the absence of collective bargaining agreements; and (6) the fact that women continue to face barriers in gaining access to financing their entrepreneurial initiatives (CEDAW/C/KIR/CO/1-3, 11 March 2020, paragraphs 27, 37, 39 and 41). The Committee requests the Government to: (i) step up its efforts to promote gender equality; and (ii) adopt measures to address and eliminate obstacles faced by women such as gender-based occupational segregation, gender stereotypes, discrimination based on pregnancy and maternity in education, the unequal distribution of family responsibilities, and difficulties in accessing financing and lands. The Government is also requested to provide information on any measures adopted in this regard as well as on its efforts to collect and provide statistical data disaggregated by sex on the distribution of women and men in the labour market - if possible, by sector of the economy.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013, except for the first paragraph, which was in 2016.

Repetition

Noting the adoption of the Employment and Industrial Relations Code of 2015, which repeals the Employment Ordinance of 1966 (Cap. 30), the Committee 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 specific issues raised in relation to the Employment Ordinance of 1966, and other matters raised in its previous comments.

Article 1(1)(a) of the Convention. Definition and prohibition of discrimination. The Committee notes that pursuant to amendments made in 2008, new section 75A(1) of the Employment Ordinance of 1966 (Chapter 30) provides for the prohibition against direct or indirect discrimination against any employee or applicant for employment on various grounds, including the grounds of race, colour, sex, religion, political opinion, national extraction, and social origin, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship, in accordance with Article 1(1)(a) of the Convention. In addition, section 75B of the Employment Ordinance provides for the definition and prohibition of indirect discrimination against any employee or prospective employee on all the grounds under Article 1(1)(a) of the Convention. The Committee also notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that pursuant to amendments made in 2008, “worker” includes any immigrant worker, a worker who is apprenticed and any domestic worker and self employed person. The Committee asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance of 1966, as amended in 2008. Please clarify the difference between “applicant for employment” (section 75A(1)) and “prospective employee” (section 75B(1)) under the Employment Ordinance.

Article 1(1)(b). Additional grounds. The Committee notes that section 75A(1) of the Employment Ordinance provides for additional grounds of discrimination, namely, disability and non-contagious disease including actual or perceived HIV status. The Committee welcomes the inclusion of these additional grounds of discrimination, and asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance, with respect to the grounds of disability and non-contagious disease including actual or perceived HIV status.

Article 1(3). Access to land, credit and loans. The Committee notes that the United Nations Human Rights Council, in the context of the Universal Periodic Review of Kiribati, issued recommendations including regarding the elimination of gender inequality with regard to access to credit and land ownership (A/HRC/15/3, 17 June 2010, paragraph 66.47), based on information prepared by the Office of the High Commissioner for Human Rights that discrimination continues to hinder women from obtaining credit and loans to purchase property (A/HRC/WG.6/8/KIR/2, 19 February 2010, paragraph 13). The Committee recalls that promoting and ensuring access to material goods and services required to carry out an occupation, such as access to land, credit and resources should be part of the objectives of a national policy on equality (General Survey on fundamental Conventions, 2012, paragraph 756). The Committee asks the Government to provide information on the measures taken or envisaged to improve access of women to a wider range of jobs and occupations, including through ensuring that women have equal access to land, credit and loans, as well as to the goods and services necessary for carrying out their occupations.

Article 2. National equality policy. The Committee notes the Government’s reference to the National Policy on Gender Equality and Women’s Development 2011–14. The Committee also notes the Government’s indication that the National Conditions of Service of 2011 do not include specific provisions for non-discrimination in the public sector. No other information is available concerning a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee asks the Government to provide information on a national equality policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to confirm whether the National Policy on Gender Equality and Women’s Development 2011–14 has already been adopted, and to forward a copy of this policy.

Discrimination based on sex. Restrictions on women’s employment. The Committee notes that Part III (sections 76–82) of the Employment Ordinance provides for the employment of women. Section 77 of the Employment Ordinance prohibits employment of women at night, provided that the Minister may by order suspend the prohibition (section 78), and section 79 prohibits employment of women in mines. The Committee also notes the Government’s acknowledgement that sections 77–79 of the Employment Ordinance “is somewhat inconsistent” with the new Part VIIA (section 75A–75E), which was amended in 2008. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex, based on stereotypes regarding women’s professional abilities and role in society which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. (General Survey on fundamental Conventions, 2012, paragraphs 839–840). The Committee further notes that section 36 of the Employment Ordinance provides that in the exercise of discretion by the Commissioner of Labour in granting or refusing a licence in the process of recruitment, the Commissioner shall take into consideration the possible effects of the withdrawal of adult males on the social life and organization of the population. No equivalent provision is contained in the Employment Ordinance for females. The Committee asks the Government to indicate how it is ensured that, in the context of applying sections 36, 77 and 79 of the Employment Ordinance, women are able to access employment on an equal footing with men, and that any limitations or restrictions applying to women’s employment are strictly limited to maternity protection.

Sexual harassment. The Committee notes that there are no legislative provisions defining and prohibiting sexual harassment in employment and occupation. The Committee notes, however, the Government’s indication that the National Policy on Gender Equality and Women’s Development, 2011–14, includes increased protection for workers against sexual harassment. The Committee asks the Government to provide specific information regarding measures taken pursuant to the National Policy on Gender Equality to increase protection of workers against sexual harassment, and the results of such measures. The Committee also asks the Government to provide information on any other measures taken or envisaged to prevent and address sexual harassment in employment and occupation. In the context of the current process of amending the Industrial Relations Code of 1998, the Committee asks the Government to consider taking the opportunity of the amendment process to include in the Industrial Relations Code a clear definition and prohibition of sexual harassment in employment and occupation, encompassing both quid pro quo and hostile environment sexual harassment, and supported by an appropriate complaints mechanism. The Committee also asks the Government to provide information on the status of the draft amendments to the Industrial Relations Code of 1998, as last amended in 2010.

Article 3. Cooperation of employers’ and workers’ organizations. The Committee notes the Government’s indication that consultation with the tripartite Decent Work Agenda Steering Committee was undertaken in the process of adding section 75A to the Employment Ordinance. The Committee asks the Government to continue to provide information on the activities of the tripartite Decent Work Agenda Steering Committee, and to provide information on any other cooperation with employers’ and workers’ organizations in developing and promoting the acceptance of a national equality policy.

Access to education and vocational training. The Committee notes the Government’s indication that the Kiribati Institute of Technology is currently developing a gender policy on student selection, and that although currently female students’ access to training at the Maritime Training Centre or the Fishing Training Centre is limited, the Maritime Training Centre is in the process of developing a gender policy, aimed at providing training opportunities for female students. The Committee asks the Government to provide information on the development and implementation of the gender policies of the Kiribati Institute of Technology and the Maritime Training Centre, and on any other measures taken or envisaged to encourage equality between men and women in relation to vocational guidance and training, including statistical data disaggregated by sex and race on the number of men and women enrolled in particular courses of vocational guidance and training.

Public sector. The Committee notes the Government’s indication that the National Conditions of Service promote the principle under the Convention in respect of recruitment, promotions, conditions of work and termination of employment in the public sector. The Committee notes, however, that the National Conditions of Service do not appear to include provisions concerning non-discrimination and equality of opportunity and treatment in employment in the public sector. The Committee asks the Government to provide information on practical measures taken to ensure equality between men and women in the public sector, including with respect to terms and conditions of employment and access to posts with career prospects and involving higher levels of responsibility.

Part IV of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that there have been no court decisions and no cases reported to the Ministry of Labour and Human Resources Development, concerning Part VIIA of the Employment Ordinance. The Committee asks the Government to continue to provide information on any relevant court decisions, including of the High Court, with regard to equality in employment and occupation, particularly decisions involving Part VIIA of the Employment Ordinance and to indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. Noting the adoption of the Employment and Industrial Relations Code of 2015, which repeals the Employment Ordinance of 1966 (Cap. 30), the Committee 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 specific issues raised in relation to the Employment Ordinance of 1966, and other matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Definition and prohibition of discrimination. The Committee notes that pursuant to amendments made in 2008, new section 75A(1) of the Employment Ordinance of 1966 (Chapter 30) provides for the prohibition against direct or indirect discrimination against any employee or applicant for employment on various grounds, including the grounds of race, colour, sex, religion, political opinion, national extraction, and social origin, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship, in accordance with Article 1(1)(a) of the Convention. In addition, section 75B of the Employment Ordinance provides for the definition and prohibition of indirect discrimination against any employee or prospective employee on all the grounds under Article 1(1)(a) of the Convention. The Committee also notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that pursuant to amendments made in 2008, “worker” includes any immigrant worker, a worker who is apprenticed and any domestic worker and self employed person. The Committee asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance of 1966, as amended in 2008. Please clarify the difference between “applicant for employment” (section 75A(1)) and “prospective employee” (section 75B(1)) under the Employment Ordinance.

Article 1(1)(b). Additional grounds. The Committee notes that section 75A(1) of the Employment Ordinance provides for additional grounds of discrimination, namely, disability and non-contagious disease including actual or perceived HIV status. The Committee welcomes the inclusion of these additional grounds of discrimination, and asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance, with respect to the grounds of disability and non-contagious disease including actual or perceived HIV status.

Article 1(3). Access to land, credit and loans. The Committee notes that the United Nations Human Rights Council, in the context of the Universal Periodic Review of Kiribati, issued recommendations including regarding the elimination of gender inequality with regard to access to credit and land ownership (A/HRC/15/3, 17 June 2010, paragraph 66.47), based on information prepared by the Office of the High Commissioner for Human Rights that discrimination continues to hinder women from obtaining credit and loans to purchase property (A/HRC/WG.6/8/KIR/2, 19 February 2010, paragraph 13). The Committee recalls that promoting and ensuring access to material goods and services required to carry out an occupation, such as access to land, credit and resources should be part of the objectives of a national policy on equality (General Survey on fundamental Conventions, 2012, paragraph 756). The Committee asks the Government to provide information on the measures taken or envisaged to improve access of women to a wider range of jobs and occupations, including through ensuring that women have equal access to land, credit and loans, as well as to the goods and services necessary for carrying out their occupations.

Article 2. National equality policy. The Committee notes the Government’s reference to the National Policy on Gender Equality and Women’s Development 2011–14. The Committee also notes the Government’s indication that the National Conditions of Service of 2011 do not include specific provisions for non-discrimination in the public sector. No other information is available concerning a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee asks the Government to provide information on a national equality policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to confirm whether the National Policy on Gender Equality and Women’s Development 2011–14 has already been adopted, and to forward a copy of this policy.

Discrimination based on sex. Restrictions on women’s employment. The Committee notes that Part III (sections 76–82) of the Employment Ordinance provides for the employment of women. Section 77 of the Employment Ordinance prohibits employment of women at night, provided that the Minister may by order suspend the prohibition (section 78), and section 79 prohibits employment of women in mines. The Committee also notes the Government’s acknowledgement that sections 77–79 of the Employment Ordinance “is somewhat inconsistent” with the new Part VIIA (section 75A–75E), which was amended in 2008. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex, based on stereotypes regarding women’s professional abilities and role in society which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. (General Survey on fundamental Conventions, 2012, paragraphs 839–840). The Committee further notes that section 36 of the Employment Ordinance provides that in the exercise of discretion by the Commissioner of Labour in granting or refusing a licence in the process of recruitment, the Commissioner shall take into consideration the possible effects of the withdrawal of adult males on the social life and organization of the population. No equivalent provision is contained in the Employment Ordinance for females. The Committee asks the Government to indicate how it is ensured that, in the context of applying sections 36, 77 and 79 of the Employment Ordinance, women are able to access employment on an equal footing with men, and that any limitations or restrictions applying to women’s employment are strictly limited to maternity protection.

Sexual harassment. The Committee notes that there are no legislative provisions defining and prohibiting sexual harassment in employment and occupation. The Committee notes, however, the Government’s indication that the National Policy on Gender Equality and Women’s Development, 2011–14, includes increased protection for workers against sexual harassment. The Committee asks the Government to provide specific information regarding measures taken pursuant to the National Policy on Gender Equality to increase protection of workers against sexual harassment, and the results of such measures. The Committee also asks the Government to provide information on any other measures taken or envisaged to prevent and address sexual harassment in employment and occupation. In the context of the current process of amending the Industrial Relations Code of 1998, the Committee asks the Government to consider taking the opportunity of the amendment process to include in the Industrial Relations Code a clear definition and prohibition of sexual harassment in employment and occupation, encompassing both quid pro quo and hostile environment sexual harassment, and supported by an appropriate complaints mechanism. The Committee also asks the Government to provide information on the status of the draft amendments to the Industrial Relations Code of 1998, as last amended in 2010.

Article 3. Cooperation of employers’ and workers’ organizations. The Committee notes the Government’s indication that consultation with the tripartite Decent Work Agenda Steering Committee was undertaken in the process of adding section 75A to the Employment Ordinance. The Committee asks the Government to continue to provide information on the activities of the tripartite Decent Work Agenda Steering Committee, and to provide information on any other cooperation with employers’ and workers’ organizations in developing and promoting the acceptance of a national equality policy.

Access to education and vocational training. The Committee notes the Government’s indication that the Kiribati Institute of Technology is currently developing a gender policy on student selection, and that although currently female students’ access to training at the Maritime Training Centre or the Fishing Training Centre is limited, the Maritime Training Centre is in the process of developing a gender policy, aimed at providing training opportunities for female students. The Committee asks the Government to provide information on the development and implementation of the gender policies of the Kiribati Institute of Technology and the Maritime Training Centre, and on any other measures taken or envisaged to encourage equality between men and women in relation to vocational guidance and training, including statistical data disaggregated by sex and race on the number of men and women enrolled in particular courses of vocational guidance and training.

Public sector. The Committee notes the Government’s indication that the National Conditions of Service promote the principle under the Convention in respect of recruitment, promotions, conditions of work and termination of employment in the public sector. The Committee notes, however, that the National Conditions of Service do not appear to include provisions concerning non-discrimination and equality of opportunity and treatment in employment in the public sector. The Committee asks the Government to provide information on practical measures taken to ensure equality between men and women in the public sector, including with respect to terms and conditions of employment and access to posts with career prospects and involving higher levels of responsibility.

Part IV of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that there have been no court decisions and no cases reported to the Ministry of Labour and Human Resources Development, concerning Part VIIA of the Employment Ordinance. The Committee asks the Government to continue to provide information on any relevant court decisions, including of the High Court, with regard to equality in employment and occupation, particularly decisions involving Part VIIA of the Employment Ordinance and to indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

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

The Committee notes the first report from the Government.

Article 1(1)(a) of the Convention. Definition and prohibition of discrimination. The Committee notes that pursuant to amendments made in 2008, new section 75A(1) of the Employment Ordinance of 1966 (Chapter 30) provides for the prohibition against direct or indirect discrimination against any employee or applicant for employment on various grounds, including the grounds of race, colour, sex, religion, political opinion, national extraction, and social origin, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship, in accordance with Article 1(1)(a) of the Convention. In addition, section 75B of the Employment Ordinance provides for the definition and prohibition of indirect discrimination against any employee or prospective employee on all the grounds under Article 1(1)(a) of the Convention. The Committee also notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that pursuant to amendments made in 2008, “worker” includes any immigrant worker, a worker who is apprenticed and any domestic worker and self-employed person. The Committee asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance of 1966, as amended in 2008. Please clarify the difference between “applicant for employment” (section 75A(1)) and “prospective employee” (section 75B(1)) under the Employment Ordinance.

Article 1(1)(b). Additional grounds. The Committee notes that section 75A(1) of the Employment Ordinance provides for additional grounds of discrimination, namely, disability and non-contagious disease including actual or perceived HIV status. The Committee welcomes the inclusion of these additional grounds of discrimination, and asks the Government to provide information on the practical application of section 75A(1) of the Employment Ordinance, with respect to the grounds of disability and non-contagious disease including actual or perceived HIV status.

Article 1(3). Access to land, credit and loans. The Committee notes that the United Nations Human Rights Council, in the context of the Universal Periodic Review of Kiribati, issued recommendations including regarding the elimination of gender inequality with regard to access to credit and land ownership (A/HRC/15/3, 17 June 2010, paragraph 66.47), based on information prepared by the Office of the High Commissioner for Human Rights that discrimination continues to hinder women from obtaining credit and loans to purchase property (A/HRC/WG.6/8/KIR/2, 19 February 2010, paragraph 13). The Committee recalls that promoting and ensuring access to material goods and services required to carry out an occupation, such as access to land, credit and resources should be part of the objectives of a national policy on equality (General Survey on fundamental Conventions, 2012, paragraph 756). The Committee asks the Government to provide information on the measures taken or envisaged to improve access of women to a wider range of jobs and occupations, including through ensuring that women have equal access to land, credit and loans, as well as to the goods and services necessary for carrying out their occupations.

Article 2. National equality policy. The Committee notes the Government’s reference to the National Policy on Gender Equality and Women’s Development 2011–14. The Committee also notes the Government’s indication that the National Conditions of Service of 2011 do not include specific provisions for non-discrimination in the public sector. No other information is available concerning a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee asks the Government to provide information on a national equality policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin. It also asks the Government to confirm whether the National Policy on Gender Equality and Women’s Development 2011–14 has already been adopted, and to forward a copy of this policy.

Discrimination based on sex. Restrictions on women’s employment. The Committee notes that Part III (sections 76–82) of the Employment Ordinance provides for the employment of women. Section 77 of the Employment Ordinance prohibits employment of women at night, provided that the Minister may by order suspend the prohibition (section 78), and section 79 prohibits employment of women in mines. The Committee also notes the Government’s acknowledgement that sections 77–79 of the Employment Ordinance “is somewhat inconsistent” with the new Part VIIA (section 75A–75E), which was amended in 2008. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex, based on stereotypes regarding women’s professional abilities and role in society which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. (General Survey on fundamental Conventions, 2012, paragraphs 839–840). The Committee further notes that section 36 of the Employment Ordinance provides that in the exercise of discretion by the Commissioner of Labour in granting or refusing a licence in the process of recruitment, the Commissioner shall take into consideration the possible effects of the withdrawal of adult males on the social life and organization of the population. No equivalent provision is contained in the Employment Ordinance for females. The Committee asks the Government to indicate how it is ensured that, in the context of applying sections 36, 77 and 79 of the Employment Ordinance, women are able to access employment on an equal footing with men, and that any limitations or restrictions applying to women’s employment are strictly limited to maternity protection.

Sexual harassment. The Committee notes that there are no legislative provisions defining and prohibiting sexual harassment in employment and occupation. The Committee notes, however, the Government’s indication that the National Policy on Gender Equality and Women’s Development, 2011–14, includes increased protection for workers against sexual harassment. The Committee asks the Government to provide specific information regarding measures taken pursuant to the National Policy on Gender Equality to increase protection of workers against sexual harassment, and the results of such measures. The Committee also asks the Government to provide information on any other measures taken or envisaged to prevent and address sexual harassment in employment and occupation. In the context of the current process of amending the Industrial Relations Code of 1998, the Committee asks the Government to consider taking the opportunity of the amendment process to include in the Industrial Relations Code a clear definition and prohibition of sexual harassment in employment and occupation, encompassing both quid pro quo and hostile environment sexual harassment, and supported by an appropriate complaints mechanism. The Committee also asks the Government to provide information on the status of the draft amendments to the Industrial Relations Code of 1998, as last amended in 2010.

Article 3. Cooperation of employers’ and workers’ organizations. The Committee notes the Government’s indication that consultation with the tripartite Decent Work Agenda Steering Committee was undertaken in the process of adding section 75A to the Employment Ordinance. The Committee asks the Government to continue to provide information on the activities of the tripartite Decent Work Agenda Steering Committee, and to provide information on any other cooperation with employers’ and workers’ organizations in developing and promoting the acceptance of a national equality policy.

Access to education and vocational training. The Committee notes the Government’s indication that the Kiribati Institute of Technology is currently developing a gender policy on student selection, and that although currently female students’ access to training at the Maritime Training Centre or the Fishing Training Centre is limited, the Maritime Training Centre is in the process of developing a gender policy, aimed at providing training opportunities for female students. The Committee asks the Government to provide information on the development and implementation of the gender policies of the Kiribati Institute of Technology and the Maritime Training Centre, and on any other measures taken or envisaged to encourage equality between men and women in relation to vocational guidance and training, including statistical data disaggregated by sex and race on the number of men and women enrolled in particular courses of vocational guidance and training.

Public sector. The Committee notes the Government’s indication that the National Conditions of Service promote the principle under the Convention in respect of recruitment, promotions, conditions of work and termination of employment in the public sector. The Committee notes, however, that the National Conditions of Service do not appear to include provisions concerning non-discrimination and equality of opportunity and treatment in employment in the public sector. The Committee asks the Government to provide information on practical measures taken to ensure equality between men and women in the public sector, including with respect to terms and conditions of employment and access to posts with career prospects and involving higher levels of responsibility.

Part IV of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that there have been no court decisions and no cases reported to the Ministry of Labour and Human Resources Development, concerning Part VIIA of the Employment Ordinance. The Committee asks the Government to continue to provide information on any relevant court decisions, including of the High Court, with regard to equality in employment and occupation, particularly decisions involving Part VIIA of the Employment Ordinance and to indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.