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

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

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. Discrimination based on sex. Sexual harassment. The Committee asks the Government once again to provide updated information on: (i) any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Order; (ii) any progress towards the revision of the Industrial Relations Act of 1962 and the Employment Act of 1978 to include provisions defining and prohibiting both quid pro quo and hostile work environment sexual harassment; and (iii) any awareness-raising activities undertaken to prevent and address sexual harassment in both 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 to both 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 requests the Government to provide information in response to the questions raised in that observation.

Article 1(1). Discrimination on the basis of disability, HIV status, sexual orientation and gender identity. The Committee reiterates its requests to the Government to indicate the measures taken to address cases of discrimination in employment and occupation faced by: (i) persons with disabilities, in the context of the National Policy on Disability for 2015–25; (ii) persons living, or perceived to be living, with HIV; and (iii) lesbian, gay, bisexual, transgender and intersex persons. The Committee also asks the Government to provide concrete information on the activities of the National AIDS Council Secretariat.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee notes that, according to the Decent Work Country Programme (2018-2022), about 88 per cent of the population lives in rural areas and their livelihoods are primarily based on subsistence agriculture and small-scale sales of cash crops in the informal economy. It further notes that a key factor in labour force participation and employment rates for women is their engagement in agriculture and fishing for household consumption in rural areas and that self- employment in the informal sector – particularly in subsistence agriculture – remains the dominant economic activity in the rural economy, especially for women. The Committee once again asks the Government to provide information on the measures taken or envisaged: (i) to increase the access of rural women to income-generating opportunities; and (ii) to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to access occupations on an equal footing with men. It also asks the Government to provide information on the impact of the measures implemented.

Article 3(e). Access to of women and girls to education and vocational training. The Committee recalls that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations. The Committee asks the Government to provide information on: (i) any measures taken or envisaged to improve the participation rates of women and girls in vocational training and education, such as for example measures to actively combat gender bias and stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs; (ii) the distribution of men and women in different educational and vocational training institutions, with an indication of the areas in which they are taking courses; and (iii) the steps taken or envisaged to increase the number of male and female graduates in a wider variety of areas, particularly those in which they are traditionally under-represented.

Article 5. Special measures of protection. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978 prohibiting the employment of women in, among other areas of work, heavy labour and night work. It considers that protection measures 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. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary to ensure that women can access these types for employment on an equal footing with men, such as improved health protection for both men and women, adequate transportation and security, as well as social services (2012 General Survey on the fundamental Conventions, paragraph 840). Consequently, the Committee asks again the Government to take the opportunity provided by the revision of the Employment Act of 1978 to amend sections 98 and 99 of the Act, so as to ensure that protective measures for women are strictly limited to maternity protection. It asks the Government to provide information on any progress made in this regard.

Awareness-raising and enforcement. The Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing those principles, and the general public. The Committee asks the Government to provide information on any cases reported to or detected by the labour inspectors regarding discrimination in employment and occupation and on any judicial and administrative decisions on this matter.

Statistics. The Committee recalls the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, and the progress achieved over time. The Committee once again urges the Government to compile and analyse statistics, disaggregated by sex, ethnic origin and occupational category, on the participation in the labour market of men and women in the public and private sectors.

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

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.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication in its report that section 8(4) of the final draft of the Industrial Relations Bill prohibits sexual harassment of an employee or applicant for employment. The Committee notes the Government’s intention to include provisions on sexual harassment at the workplace in its revision of the Employment Act of 1978. The Government also reiterates that, as regards the public sector, the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, without specifying however any concrete steps taken in this respect. The Committee, therefore, repeats its request to the Government to provide specific information on any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Orders. It also hopes that the Industrial Relations Bill will soon be adopted and will include, together with the Employment Act of 1978 once revised, provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment. Please provide information on any progress made in this regard, as well as on awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

Article 1(1)(b). Additional grounds of discrimination. The Committee refers to its previous comments on alleged cases of discrimination in employment and occupation, faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons. The Committee notes that the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the ground of actual or perceived HIV or AIDS status against an employee, or applicant for employment, or in any employment policy or practice. The Committee also notes the adoption of the National Policy on Disability for 2015–25 and its action plan which set as a guiding principle non-discrimination of persons with disabilities in employment. Furthermore, the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, provide for priority action areas which promote equal access and employment for all individuals regardless of disability or HIV status. The Committee requests the Government to indicate the measures taken to address cases of discrimination faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons, in the context of the National Public Service’s GESI policy and action plan and the National Policy on Disability for 2015–25, as well as on the results achieved by such measures. Please also provide concrete information on the activities of the National AIDS Council Secretariat provided for under the HIV and AIDS Management and Prevention Act No. 4 of 2003.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. Referring to its previous comments on the measures taken or envisaged to improve women’s access to credit, loans and land, in particular for those in rural areas, the Committee notes that the Government continues to indicate that further developments regarding access of rural women to particular occupations will be communicated once the Department has received information in this regard. It notes that, as highlighted in the Decent Work Country Programme for 2013–15, which has been extended until 2017, women are still concentrated in rural informal and subsistence work. The Committee urges the Government to indicate specific measures taken or envisaged to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to exercise occupations on an equal footing with men. Please also provide specific information on the measures taken to increase the access of rural women to income-generating opportunities, as well as on the results achieved by such measures.

Article 3(e). Access to vocational training and education. The Committee notes that the Government continues to indicate in general terms that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and that women are encouraged to participate and be involved in all opportunities. The Government further indicates that a Gender Equity in Education Policy and Strategic Plan for 2009–14 has been developed so that no student in the education system is disadvantaged on the basis of gender. The Committee notes that, in the framework of the Universal Periodic Review, the Government indicated that while, since 2012, it has abolished tuition fees for universal primary education and subsidized secondary and tertiary education, enrolment rates for men and boys continue to be higher than women and girls, particularly in secondary education (A/HRC/WG.6/25/PNG/1, 3 May 2016, paragraph 61 and A/HRC/33/10, 13 July 2016, paragraph 33). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee requests the Government to provide information on the specific measures taken or envisaged to improve the participation rates of women and girls in vocational training and education. It further requests the Government to provide information on the measures taken in the framework of the Gender Equity in Education Policy and Strategic Plan for 2009–14 in order to promote gender equality in vocational training and education, as well as on the results achieved by such measures.

Article 5. Special measures of protection. For a number of years, the Committee has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978, prohibiting the employment of women, inter alia, in heavy labour and night work. The Committee notes that the Government does not provide new information in this regard. It trusts that the Government will take the opportunity of the process of the revision of the Employment Act of 1978, to take the necessary measures to amend sections 98 and 99 of the Act, so as to allow women access to employment on an equal footing with men and to ensure that protective measures for women are limited to maternity protection. It requests the Government to provide information on any progress made in this regard.

Statistics. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, the Committee once again urges the Government to compile and analyse statistics disaggregated by sex and ethnic origin, on the participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors.

Enforcement. The Committee notes that the Government once again indicates in general terms that no further progress has been made regarding judicial and administrative decisions concerning discrimination in employment and occupation. Recalling that the absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing the principle, and the general public. Please continue to provide information on any judicial and administrative decisions, as well as cases of violations reported to or detected by the labour inspectors regarding discrimination in employment and occupation.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the 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, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts 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. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, 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. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and 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 their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests 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. It also requests the Government to provide information on concrete 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.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that 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 for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to 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.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication in its report that section 8(4) of the final draft of the Industrial Relations Bill prohibits sexual harassment of an employee or applicant for employment. The Committee notes the Government’s intention to include provisions on sexual harassment at the workplace in its revision of the Employment Act of 1978. The Government also reiterates that, as regards the public sector, the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, without specifying however any concrete steps taken in this respect. The Committee, therefore, repeats its request to the Government to provide specific information on any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Orders. It also hopes that the Industrial Relations Bill will soon be adopted and will include, together with the Employment Act of 1978 once revised, provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment. Please provide information on any progress made in this regard, as well as on awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

Article 1(1)(b). Additional grounds of discrimination. The Committee refers to its previous comments on alleged cases of discrimination in employment and occupation, faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons. The Committee notes that the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the ground of actual or perceived HIV or AIDS status against an employee, or applicant for employment, or in any employment policy or practice. The Committee also notes the adoption of the National Policy on Disability for 2015–25 and its action plan which set as a guiding principle non-discrimination of persons with disabilities in employment. Furthermore, the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, provide for priority action areas which promote equal access and employment for all individuals regardless of disability or HIV status. The Committee requests the Government to indicate the measures taken to address cases of discrimination faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons, in the context of the National Public Service’s GESI policy and action plan and the National Policy on Disability for 2015–25, as well as on the results achieved by such measures. Please also provide concrete information on the activities of the National AIDS Council Secretariat provided for under the HIV and AIDS Management and Prevention Act No. 4 of 2003.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. Referring to its previous comments on the measures taken or envisaged to improve women’s access to credit, loans and land, in particular for those in rural areas, the Committee notes that the Government continues to indicate that further developments regarding access of rural women to particular occupations will be communicated once the Department has received information in this regard. It notes that, as highlighted in the Decent Work Country Programme for 2013–15, which has been extended until 2017, women are still concentrated in rural informal and subsistence work. The Committee urges the Government to indicate specific measures taken or envisaged to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to exercise occupations on an equal footing with men. Please also provide specific information on the measures taken to increase the access of rural women to income-generating opportunities, as well as on the results achieved by such measures.

Article 3(e). Access to vocational training and education. The Committee notes that the Government continues to indicate in general terms that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and that women are encouraged to participate and be involved in all opportunities. The Government further indicates that a Gender Equity in Education Policy and Strategic Plan for 2009–14 has been developed so that no student in the education system is disadvantaged on the basis of gender. The Committee notes that, in the framework of the Universal Periodic Review, the Government indicated that while, since 2012, it has abolished tuition fees for universal primary education and subsidized secondary and tertiary education, enrolment rates for men and boys continue to be higher than women and girls, particularly in secondary education (A/HRC/WG.6/25/PNG/1, 3 May 2016, paragraph 61 and A/HRC/33/10, 13 July 2016, paragraph 33). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee requests the Government to provide information on the specific measures taken or envisaged to improve the participation rates of women and girls in vocational training and education. It further requests the Government to provide information on the measures taken in the framework of the Gender Equity in Education Policy and Strategic Plan for 2009–14 in order to promote gender equality in vocational training and education, as well as on the results achieved by such measures.

Article 5. Special measures of protection. For a number of years, the Committee has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978, prohibiting the employment of women, inter alia, in heavy labour and night work. The Committee notes that the Government does not provide new information in this regard. It trusts that the Government will take the opportunity of the process of the revision of the Employment Act of 1978, to take the necessary measures to amend sections 98 and 99 of the Act, so as to allow women access to employment on an equal footing with men and to ensure that protective measures for women are limited to maternity protection. It requests the Government to provide information on any progress made in this regard.

Statistics. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, the Committee once again urges the Government to compile and analyse statistics disaggregated by sex and ethnic origin, on the participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors.

Enforcement. The Committee notes that the Government once again indicates in general terms that no further progress has been made regarding judicial and administrative decisions concerning discrimination in employment and occupation. Recalling that the absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing the principle, and the general public. Please continue to provide information on any judicial and administrative decisions, as well as cases of violations reported to or detected by the labour inspectors regarding discrimination in employment and occupation.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the 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, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts 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. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, 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. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and 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 their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests 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. It also requests the Government to provide information on concrete 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.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that 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 for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to 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.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes 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 2016.

Repetition

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication in its report that section 8(4) of the final draft of the Industrial Relations Bill prohibits sexual harassment of an employee or applicant for employment. The Committee notes the Government’s intention to include provisions on sexual harassment at the workplace in its revision of the Employment Act of 1978. The Government also reiterates that, as regards the public sector, the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, without specifying however any concrete steps taken in this respect. The Committee, therefore, repeats its request to the Government to provide specific information on any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Orders. It also hopes that the Industrial Relations Bill will soon be adopted and will include, together with the Employment Act of 1978 once revised, provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment. Please provide information on any progress made in this regard, as well as on awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

Article 1(1)(b). Additional grounds of discrimination. The Committee refers to its previous comments on alleged cases of discrimination in employment and occupation, faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons. The Committee notes that the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the ground of actual or perceived HIV or AIDS status against an employee, or applicant for employment, or in any employment policy or practice. The Committee also notes the adoption of the National Policy on Disability for 2015–25 and its action plan which set as a guiding principle non-discrimination of persons with disabilities in employment. Furthermore, the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, provide for priority action areas which promote equal access and employment for all individuals regardless of disability or HIV status. The Committee requests the Government to indicate the measures taken to address cases of discrimination faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons, in the context of the National Public Service’s GESI policy and action plan and the National Policy on Disability for 2015–25, as well as on the results achieved by such measures. Please also provide concrete information on the activities of the National AIDS Council Secretariat provided for under the HIV and AIDS Management and Prevention Act No. 4 of 2003.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. Referring to its previous comments on the measures taken or envisaged to improve women’s access to credit, loans and land, in particular for those in rural areas, the Committee notes that the Government continues to indicate that further developments regarding access of rural women to particular occupations will be communicated once the Department has received information in this regard. It notes that, as highlighted in the Decent Work Country Programme for 2013–15, which has been extended until 2017, women are still concentrated in rural informal and subsistence work. The Committee urges the Government to indicate specific measures taken or envisaged to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to exercise occupations on an equal footing with men. Please also provide specific information on the measures taken to increase the access of rural women to income-generating opportunities, as well as on the results achieved by such measures.

Article 3(e). Access to vocational training and education. The Committee notes that the Government continues to indicate in general terms that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and that women are encouraged to participate and be involved in all opportunities. The Government further indicates that a Gender Equity in Education Policy and Strategic Plan for 2009–14 has been developed so that no student in the education system is disadvantaged on the basis of gender. The Committee notes that, in the framework of the Universal Periodic Review, the Government indicated that while, since 2012, it has abolished tuition fees for universal primary education and subsidized secondary and tertiary education, enrolment rates for men and boys continue to be higher than women and girls, particularly in secondary education (A/HRC/WG.6/25/PNG/1, 3 May 2016, paragraph 61 and A/HRC/33/10, 13 July 2016, paragraph 33). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee requests the Government to provide information on the specific measures taken or envisaged to improve the participation rates of women and girls in vocational training and education. It further requests the Government to provide information on the measures taken in the framework of the Gender Equity in Education Policy and Strategic Plan for 2009–14 in order to promote gender equality in vocational training and education, as well as on the results achieved by such measures.

Article 5. Special measures of protection. For a number of years, the Committee has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978, prohibiting the employment of women, inter alia, in heavy labour and night work. The Committee notes that the Government does not provide new information in this regard. It trusts that the Government will take the opportunity of the process of the revision of the Employment Act of 1978, to take the necessary measures to amend sections 98 and 99 of the Act, so as to allow women access to employment on an equal footing with men and to ensure that protective measures for women are limited to maternity protection. It requests the Government to provide information on any progress made in this regard.

Statistics. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, the Committee once again urges the Government to compile and analyse statistics disaggregated by sex and ethnic origin, on the participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors.

Enforcement. The Committee notes that the Government once again indicates in general terms that no further progress has been made regarding judicial and administrative decisions concerning discrimination in employment and occupation. Recalling that the absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing the principle, and the general public. Please continue to provide information on any judicial and administrative decisions, as well as cases of violations reported to or detected by the labour inspectors regarding discrimination in employment and occupation.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the 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, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts 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. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, 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. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and 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 their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests 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. It also requests the Government to provide information on concrete 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.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that 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 for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to 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.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication in its report that section 8(4) of the final draft of the Industrial Relations Bill prohibits sexual harassment of an employee or applicant for employment. The Committee notes the Government’s intention to include provisions on sexual harassment at the workplace in its revision of the Employment Act of 1978. The Government also reiterates that, as regards the public sector, the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, without specifying however any concrete steps taken in this respect. The Committee, therefore, repeats its request to the Government to provide specific information on any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Orders. It also hopes that the Industrial Relations Bill will soon be adopted and will include, together with the Employment Act of 1978 once revised, provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment. Please provide information on any progress made in this regard, as well as on awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.

Article 1(1)(b). Additional grounds of discrimination. The Committee refers to its previous comments on alleged cases of discrimination in employment and occupation, faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons. The Committee notes that the final draft of the Industrial Relations Bill prohibits direct and indirect discrimination on the ground of actual or perceived HIV or AIDS status against an employee, or applicant for employment, or in any employment policy or practice. The Committee also notes the adoption of the National Policy on Disability for 2015–25 and its action plan which set as a guiding principle non-discrimination of persons with disabilities in employment. Furthermore, the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, provide for priority action areas which promote equal access and employment for all individuals regardless of disability or HIV status. The Committee requests the Government to indicate the measures taken to address cases of discrimination faced by persons living with HIV and AIDS, persons with disabilities, as well as lesbian, gay, bisexual, and transgender persons, in the context of the National Public Service’s GESI policy and action plan and the National Policy on Disability for 2015–25, as well as on the results achieved by such measures. Please also provide concrete information on the activities of the National AIDS Council Secretariat provided for under the HIV and AIDS Management and Prevention Act No. 4 of 2003.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. Referring to its previous comments on the measures taken or envisaged to improve women’s access to credit, loans and land, in particular for those in rural areas, the Committee notes that the Government continues to indicate that further developments regarding access of rural women to particular occupations will be communicated once the Department has received information in this regard. It notes that, as highlighted in the Decent Work Country Programme for 2013–15, which has been extended until 2017, women are still concentrated in rural informal and subsistence work. The Committee urges the Government to indicate specific measures taken or envisaged to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to exercise occupations on an equal footing with men. Please also provide specific information on the measures taken to increase the access of rural women to income-generating opportunities, as well as on the results achieved by such measures.

Article 3(e). Access to vocational training and education. The Committee notes that the Government continues to indicate in general terms that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and that women are encouraged to participate and be involved in all opportunities. The Government further indicates that a Gender Equity in Education Policy and Strategic Plan for 2009–14 has been developed so that no student in the education system is disadvantaged on the basis of gender. The Committee notes that, in the framework of the Universal Periodic Review, the Government indicated that while, since 2012, it has abolished tuition fees for universal primary education and subsidized secondary and tertiary education, enrolment rates for men and boys continue to be higher than women and girls, particularly in secondary education (A/HRC/WG.6/25/PNG/1, 3 May 2016, paragraph 61 and A/HRC/33/10, 13 July 2016, paragraph 33). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee requests the Government to provide information on the specific measures taken or envisaged to improve the participation rates of women and girls in vocational training and education. It further requests the Government to provide information on the measures taken in the framework of the Gender Equity in Education Policy and Strategic Plan for 2009–14 in order to promote gender equality in vocational training and education, as well as on the results achieved by such measures.

Article 5. Special measures of protection. For a number of years, the Committee has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978, prohibiting the employment of women, inter alia, in heavy labour and night work. The Committee notes that the Government does not provide new information in this regard. It trusts that the Government will take the opportunity of the process of the revision of the Employment Act of 1978, to take the necessary measures to amend sections 98 and 99 of the Act, so as to allow women access to employment on an equal footing with men and to ensure that protective measures for women are limited to maternity protection. It requests the Government to provide information on any progress made in this regard.

Statistics. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, the Committee once again urges the Government to compile and analyse statistics disaggregated by sex and ethnic origin, on the participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors.

Enforcement. The Committee notes that the Government once again indicates in general terms that no further progress has been made regarding judicial and administrative decisions concerning discrimination in employment and occupation. Recalling that the absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing the principle, and the general public. Please continue to provide information on any judicial and administrative decisions, as well as cases of violations reported to or detected by the labour inspectors regarding discrimination in employment and occupation.

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

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Referring to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee welcomes the Government’s indication in its report that section 8 of the 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, against an employee or applicant for employment or in any employment policy or practice. The Government adds that further consultations were held between the National Tripartite Consultative Council (NTCC) and the State Solicitor’s Office in order to make final amendments to the Bill which was anticipated to be enacted in 2015. The Committee notes that the Government does not provide information on progress made concerning the review of the Employment Act, 1978, including the revision of sections 97–100 which prohibit only sex-based discrimination against women. It notes that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set as a priority the completion of the Industrial Relations Bill, and revisions of the Employment Act through the delivery of a new Employment Relations Bill. While noting that none of these Bills have been enacted to date, the Committee trusts 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. It also requests the Government to provide information on progress made concerning the review of the Employment Act 1978, and in particular sections 97–100, in collaboration with workers’ and employers’ organizations, 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. For over 15 years, the Committee has been referring to the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995, which allows calls for candidates to specify that “only males or females will be appointed, promoted or transferred in particular proportions”, and 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 their husband and children if she is the breadwinner. A female officer or female teacher is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee notes with deep regret that despite the adoption of a new Public Services (Management) Act in 2014, which repealed the Act of 1995, section 36(2)(c)(iv) referred to above has been maintained. It however notes that the National Public Service Policy on Gender Equity and Social Inclusion (GESI) adopted in 2013, and its action plan, set as priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender. Noting the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 2014, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act 1988, the Committee urges the Government to take expeditious steps to review and amend these laws in order to bring it in line with the requirements of the Convention. It also requests the Government to provide information on any measures taken as a result of the GESI policy and action plan and any progress made to ensure equality of opportunity and treatment between men and women in the public service.

Discrimination against certain ethnic groups. Referring to its previous comments concerning the allegations made by the International Trade Union Confederation (ITUC) on the increased violence against Asian workers and entrepreneurs, who were blamed for “taking away employment opportunities”, the Committee notes that the Government does not provide any information in this regard. The Committee once again requests 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. It also requests the Government to provide information on concrete 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.

Article 2. National equality policy. The Committee notes that the Government still does not provide information on a national policy specifically addressing discrimination on all the grounds enumerated in the Convention. With regard to discrimination based on sex, the Committee notes that 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 for 2011–15 seem to address the issue of gender equality in employment and occupation. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds of discrimination set out in the Convention in implementing the national equality policy, which presupposes the adoption of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to 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.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s indication that the sixth draft of the Industrial Relations Bill maintains the prohibition on sexual harassment of an employee or applicant for employment. The Committee also notes that the Government again commits to include provisions on sexual harassment at the workplace in the context of the revision of the Employment Act 1978. The Committee further notes that the Government reiterates in its latest report that the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, however, without specifying any concrete steps taken in this respect. The Committee, therefore, once again asks the Government to indicate any concrete steps taken to incorporate provisions on sexual harassment that would protect men and women equally in the Public Service (Management) Act 1995 and the Public Service General Orders, as well as measures taken to include provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in the context of the review of the Employment Act 1978. Please also provide information on awareness raising activities aimed at preventing and addressing sexual harassment in the public and private sectors.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee had asked the Government to provide information on the measures taken or envisaged to improve women’s access to credit and loans. The Committee notes that the Government’s report does not contain any information in this regard. In this connection, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed its concern that women lack access to credit and banking facilities, linked to their lack of ownership of land, which is a major constraint to their participation in small business projects, and urged the Government to ensure access for women to income-generation opportunities including training, markets and credit (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 45 and 46). The Committee asks the Government to indicate specific measures taken or envisaged to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to exercise occupations on an equal footing with men. Please also provide specific information on steps taken to increase the access of rural women to income-generating opportunities.

Article 3(e). Access to vocational training and education. The Committee notes the Government’s indication that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and women are encouraged to participate and be involved in all opportunities. The Committee also notes that CEDAW recommended that the Government take effective steps to overcome traditional attitudes in order to ensure equal access of girls and women to all levels of education and their retention (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 37 and 38). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to indicate the specific measures taken or envisaged to improve the participation of women and girls in education and training. Please also provide details of any measures taken to increase the number of girls and women in education and training programmes to provide them with access to a wide range of jobs including traditionally “male” jobs.

Statistics. The Committee notes the Government’s indication that the general situation of employment and human resource development depicts a greater turnout of women in employment and occupations that were previously dominated by men, however, without providing any statistical data. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, the Committee urges the Government to compile and analyse statistics disaggregated by sex and ethnic origin, on the participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication that no further progress has been made regarding judicial and administrative decisions concerning discrimination in employment and occupation. Recalling that the absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee once again asks the Government to take measures to increase the awareness and knowledge of the principle of the Convention among those responsible for monitoring and enforcing the principle, and the general public. It also requests information on any judicial and administrative decisions, as well as cases of violations reported to or detected by the labour inspectors regarding discrimination in employment and occupation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) dated 31August 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 recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s indication that the sixth draft of the Industrial Relations Bill maintains the prohibition on sexual harassment of an employee or applicant for employment. The Committee also notes that the Government again commits to include provisions on sexual harassment at the workplace in the context of the revision of the Employment Act 1978. The Committee further notes that the Government reiterates in its latest report that the matter will be brought to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, however, without specifying any concrete steps taken in this respect. The Committee, therefore, once again asks the Government to indicate any concrete steps taken to incorporate provisions on sexual harassment that would protect men and women equally in the Public Service (Management) Act 1995 and the Public Service General Orders, as well as measures taken to include provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in the context of the review of the Employment Act 1978. Please also provide information on awareness raising activities aimed at preventing and addressing sexual harassment in the public and private sectors.

Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee had asked the Government to provide information on the measures taken or envisaged to improve women’s access to credit and loans. The Committee notes that the Government’s report does not contain any information in this regard. In this connection, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed its concern that women lack access to credit and banking facilities, linked to their lack of ownership of land, which is a major constraint to their participation in small business projects, and urged the Government to ensure access for women to income-generation opportunities including training, markets and credit (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 45 and 46). The Committee asks the Government to indicate specific measures taken or envisaged to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to exercise occupations on an equal footing with men. Please also provide specific information on steps taken to increase the access of rural women to income-generating opportunities.

Article 3(e). Access to vocational training and education. The Committee notes the Government’s indication that opportunities for training and placement are provided on an equal basis to promote equality of participation, as called for under the Constitution, and women are encouraged to participate and be involved in all opportunities. The Committee also notes that CEDAW recommended that the Government take effective steps to overcome traditional attitudes in order to ensure equal access of girls and women to all levels of education and their retention (CEDAW/C/PNG/CO/3, 30 July 2010, paragraphs 37 and 38). Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to indicate the specific measures taken or envisaged to improve the participation of women and girls in education and training. Please also provide details of any measures taken to increase the number of girls and women in education and training programmes to provide them with access to a wide range of jobs including traditionally “male” jobs.

Statistics. The Committee notes the Government’s indication that the general situation of employment and human resource development depicts a greater turnout of women in employment and occupations that were previously dominated by men, however, without providing any statistical data. Recalling the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, the Committee urges the Government to compile and analyze statistics disaggregated by sex and ethnic origin, on the participation in education, vocational training, and at the various levels in the different sectors and occupations in both the public and private sectors.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication that no further progress has been made regarding judicial and administrative decisions concerning discrimination in employment and occupation. Recalling that the absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee once again asks the Government to take measures to increase the awareness and knowledge of the principle of the Convention among those responsible for monitoring and enforcing the principle, and the general public. It also requests information on any judicial and administrative decisions, as well as cases of violations reported to or detected by the labour inspectors regarding discrimination in employment and occupation.

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

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.

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

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:

Article 1(1)(a) of the Convention. The Committee notes the Government’s statement that the fifth draft Industrial Relations Bill, which maintains the non-discrimination provisions in the third draft, is before the National Tripartite Consultative Council (NTCC). The Committee further notes that the Government has done some initial work with respect to the review of the Employment Act 1978, and that the provisions on sexual harassment in the draft Industrial Relations Bill be taken into account in the review of the Act. The Committee asks the Government to provide a copy of the text of the new Industrial Relations Act, once adopted. Please continue to provide information on the status of planned amendments to the Employment Act 1978, and in particular sections 97 and 100 regarding discrimination based on sex, including pregnancy, and on sexual harassment.

Article 1(1)(b). HIV/AIDS. The Committee notes the Government’s statement that the Nationals AIDS Council Secretariat is mandated by the Government to implement the provisions of HIV/AIDS Management and Prevention Act No. 4 of 2003. The Committee asks the Government to provide information on the activities of the National AIDS Council Secretariat to implement Act No. 4 of 2003, and in particular the measures taken to protect persons living with HIV/AIDS from discrimination in employment and occupation.

Sexual harassment. The Committee recalls its previous comments in which it has noted that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected. The Committee notes that the Government will refer the provisions on sexual harassment in the draft Industrial Relations Bill to the Department of Personnel Management for their inclusion in the Public Service (Management) Act 1995 and the Public Service General Orders to ensure consistency in all sectors. The Committee asks the Government to provide information on the progress made to incorporate provisions on sexual harassment in the Public Service (Management) Act and the Public Service General Orders. Please also indicate any practical steps taken, including awareness raising among workers and employers and their organizations, to prevent and address sexual harassment in public and private sector employment.

Discrimination based on sex in the public service. The Committee recalls its previous comments regarding the discriminatory impact of section 32(2)(c)(vi) of the Public Services (Management) Act 1995 remitting 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 concerning restrictions for female teachers with respect to certain allowances. The Committee notes the Government’s reply that the issue will certainly be addressed, but that due to the sensitivity of the issue, consultations with the Department of Personnel Management and the Teaching Service Commission have yet to start with a view to repealing any provisions that discriminate against women. The Committee urges the Government to start consultations with the relevant government agencies on section 32(2)(c)(vi) of the Public Services (Management) Act 1995, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act, with a view to bringing the legislation into line with the provisions of the Convention, and to report on the progress made.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that various pieces of legislation and policies have been established to promote equality of opportunity and that it will keep the Committee informed of any new developments. The Committee recalls that the effective application of a national policy on equality requires the implementation of specific measures and programmes to promote equality in law as well as in practice, and correct de facto inequalities which may exist in training, employment and occupation, and conditions of work. In order to be able to assess whether real progress is being made in achieving the objectives of the Convention, the Committee would need more detailed information on the progress made in implementing the national policy on equality through the specific programmes and policies. The Committee therefore asks the Government to include in its next report detailed information, including statistics on the results achieved, on how the Employment Policy and the Occupational Skill Certification Policy, as well as other measures taken, have contributed in practice to achieving equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention, and in particular sex, religion, race, colour and national extraction.

Equality of opportunity and treatment between men and women. Access to employment and particular occupations. The Committee notes the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) indicating that only 15.2 per cent of the population is engaged in formal non-agricultural wage employment. Less than 5.7 per cent are women, mostly employed in the public sector. The Committee also notes that the subsistence/semi-subsistence rural economy is supporting the livelihoods of more than 80 per cent of the population, and that the majority of women are engaged in subsistence livelihoods, especially in the Highlands region. However, the Committee also notes that women face discrimination with respect to access to credit and loans and that ownership of companies is dominated by men. Ninety percent of the land is under customary ownership and men generally control land and resources and make major decisions about their use (CEDAW/C/PNG/3, 22 May 2009, pages 73, 81, 82, 85 and 87). The Government’s report to CEDAW also indicates that the Government is undertaking a number of programmes to improve women’s position in the economy and traditional occupations. The Committee asks the Government to provide detailed information on all measures taken or envisaged to promote equality of opportunity and treatment between men and women in economic activities, including improving their access to credit and loans as important means to exercise their occupations on an equal footing with men, and the results achieved. Please provide up to date statistical data on the participation of men and women in wage and non-wage employment and in the different occupations.

Article 3(e). Vocational training and guidance. The Committee notes the Government’s report to CEDAW indicating a significant gender gap in education and literacy although some progress has been made. Female tertiary education enrolment (2007) is concentrated in teachers’ colleges (48 per cent), business colleges (49 per cent) and nursing colleges (78 per cent). With respect to teacher training, women represent 41 per cent of the students in elementary training, 45 per cent of the students in primary training, 30 per cent in vocational training and 25 per cent in technical areas. The lower levels of the teaching profession are dominated by women (CEDAW/C/PNG/3, 22 May 2009, pages 65, 67 and 69). The Committee also notes that various institutions are responsible for training and education, including the National Training Council, the National Apprenticeship and Trade Testing Board, the National Employment Services Division and the National Education Department. The Committee asks the Government to indicate the specific measures taken or envisaged, including by the abovementioned institutions, to improve the participation of women and girls in education and training, in general, and to promote their enrolment in all types of tertiary education institutions. Please continue to provide statistics on male and female enrolment in education and training.

Article 5. Employment of women in heavy labour and night work. Concerning the need to review sections 98–99 of the Employment Act (heavy labour and night work), the Committee notes the Government’s indication that it will consider putting in place special protective measures that will not give rise to violations of the principle of equality. However, the Government also indicates that the issue is a contentious one and that careful decisions should be made to ensure that women are adequately protected in their access to such types of employment. The Government states that legal provisions should therefore ensure equality while at the same time taking into consideration the “feminine nature” of women. With a view to repealing or amending sections 89–99 of the Employment Act and adopting measures that only deal with maternity in the strict sense and protection of special conditions of pregnant and nursing women, the Committee asks the Government to examine what other measures such as for instance, improved health protection of both men and women, adequate transportation and security, as well as social services, would be necessary so as to ensure that women can access these types of employment on an equal footing with men, and to provide information in this regard in the next report.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication that it is making efforts to gather the necessary data on relevant judicial and administrative decisions, and will submit that information as soon as possible. In the meantime, the Committee reiterates its previous request for information on the measures taken or envisaged, and their impact, to increase awareness and knowledge of the requirements and objectives of the Convention among those responsible for enforcing the law and the general public.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1(a), of the Convention. The Committee notes the Government’s statement that the fifth draft Industrial Relations Bill, which maintains the non-discrimination provisions in the third draft, is before the National Tripartite Consultative Council (NTCC). The Committee further notes that the Government has done some initial work with respect to the review of the Employment Act 1978, and that the provisions on sexual harassment in the draft Industrial Relations Bill be taken into account in the review of the Act. The Committee asks the Government to provide a copy of the text of the new Industrial Relations Act, once adopted. Please continue to provide information on the status of planned amendments to the Employment Act 1978, and in particular sections 97 and 100 regarding discrimination based on sex, including pregnancy, and on sexual harassment.

Article 1, paragraph 1(b). HIV/AIDS. The Committee notes the Government’s statement that the Nationals AIDS Council Secretariat is mandated by the Government to implement the provisions of HIV/AIDS Management and Prevention Act No. 4 of 2003. The Committee asks the Government to provide information on the activities of the National AIDS Council Secretariat to implement Act No. 4 of 2003, and in particular the measures taken to protect persons living with HIV/AIDS from discrimination in employment and occupation.

Sexual harassment. The Committee recalls its previous comments in which it has noted that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected. The Committee notes that the Government will refer the provisions on sexual harassment in the draft Industrial Relations Bill to the Department of Personnel Management for their inclusion in the Public Service (Management) Act 1995 and the Public Service General Orders to ensure consistency in all sectors. The Committee asks the Government to provide information on the progress made to incorporate provisions on sexual harassment in the Public Service (Management) Act and the Public Service General Orders. Please also indicate any practical steps taken, including awareness raising among workers and employers and their organizations, to prevent and address sexual harassment in public and private sector employment.

Discrimination based on sex in the public service. The Committee recalls its previous comments regarding the discriminatory impact of section 32(2)(c)(vi) of the Public Services (Management) Act 1995 remitting 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 concerning restrictions for female teachers with respect to certain allowances. The Committee notes the Government’s reply that the issue will certainly be addressed, but that due to the sensitivity of the issue, consultations with the Department of Personnel Management and the Teaching Service Commission have yet to start with a view to repealing any provisions that discriminate against women. The Committee urges the Government to start consultations with the relevant government agencies on section 32(2)(c)(vi) of the Public Services (Management) Act 1995, section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act, with a view to bringing the legislation into line with the provisions of the Convention, and to report on the progress made.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that various pieces of legislation and policies have been established to promote equality of opportunity and that it will keep the Committee informed of any new developments. The Committee recalls that the effective application of a national policy on equality requires the implementation of specific measures and programmes to promote equality in law as well as in practice, and correct de facto inequalities which may exist in training, employment and occupation, and conditions of work. In order to be able to assess whether real progress is being made in achieving the objectives of the Convention, the Committee would need more detailed information on the progress made in implementing the national policy on equality through the specific programmes and policies. The Committee therefore asks the Government to include in its next report detailed information, including statistics on the results achieved, on how the Employment Policy and the Occupational Skill Certification Policy, as well as other measures taken, have contributed in practice to achieving equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention, and in particular sex, religion, race, colour and national extraction.

Equality of opportunity and treatment between men and women. Access to employment and particular occupations. The Committee notes the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) indicating that only 15.2 per cent of the population is engaged in formal non-agricultural wage employment. Less than 5.7 per cent are women, mostly employed in the public sector. The Committee also notes that the subsistence/semi-subsistence rural economy is supporting the livelihoods of more than 80 per cent of the population, and that the majority of women are engaged in subsistence livelihoods, especially in the Highlands region. However, the Committee also notes that women face discrimination with respect to access to credit and loans and that ownership of companies is dominated by men. Ninety percent of the land is under customary ownership and men generally control land and resources and make major decisions about their use (CEDAW/C/PNG/3, 22 May 2009, pages 73, 81, 82, 85 and 87). The Government’s report to CEDAW also indicates that the Government is undertaking a number of programmes to improve women’s position in the economy and traditional occupations. The Committee asks the Government to provide detailed information on all measures taken or envisaged to promote equality of opportunity and treatment between men and women in economic activities, including improving their access to credit and loans as important means to exercise their occupations on an equal footing with men, and the results achieved. Please provide up to date statistical data on the participation of men and women in wage and non-wage employment and in the different occupations.

Article 3(e). Vocational training and guidance. The Committee notes the Government’s report to CEDAW indicating a significant gender gap in education and literacy although some progress has been made. Female tertiary education enrolment (2007) is concentrated in teachers’ colleges (48 per cent), business colleges (49 per cent) and nursing colleges (78 per cent). With respect to teacher training, women represent 41 per cent of the students in elementary training, 45 per cent of the students in primary training, 30 per cent in vocational training and 25 per cent in technical areas. The lower levels of the teaching profession are dominated by women (CEDAW/C/PNG/3, 22 May 2009, pages 65, 67 and 69). The Committee also notes that various institutions are responsible for training and education, including the National Training Council, the National Apprenticeship and Trade Testing Board, the National Employment Services Division and the National Education Department. The Committee asks the Government to indicate the specific measures taken or envisaged, including by the abovementioned institutions, to improve the participation of women and girls in education and training, in general, and to promote their enrolment in all types of tertiary education institutions. Please continue to provide statistics on male and female enrolment in education and training.

Article 5. Employment of women in heavy labour and night work. Concerning the need to review sections 98–99 of the Employment Act (heavy labour and night work), the Committee notes the Government’s indication that it will consider putting in place special protective measures that will not give rise to violations of the principle of equality. However, the Government also indicates that the issue is a contentious one and that careful decisions should be made to ensure that women are adequately protected in their access to such types of employment. The Government states that legal provisions should therefore ensure equality while at the same time taking into consideration the “feminine nature” of women. With a view to repealing or amending sections 89–99 of the Employment Act and adopting measures that only deal with maternity in the strict sense and protection of special conditions of pregnant and nursing women, the Committee asks the Government to examine what other measures such as for instance, improved health protection of both men and women, adequate transportation and security, as well as social services, would be necessary so as to ensure that women can access these types of employment on an equal footing with men, and to provide information in this regard in the next report.

Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s indication that it is making efforts to gather the necessary data on relevant judicial and administrative decisions, and will submit that information as soon as possible. In the meantime, the Committee reiterates its previous request for information on the measures taken or envisaged, and their impact, to increase awareness and knowledge of the requirements and objectives of the Convention among those responsible for enforcing the law and the general public.

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

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:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. With reference to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee notes that the third draft Industrial Relations Bill defines “discrimination” as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, actual or perceived HIV or AIDS status, which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation”. It also notes that the draft contains a definition of indirect discrimination and that section 8(1) of the draft prohibits direct and indirect discrimination against an employee or an applicant for employment, in any employment policy or practice on the basis of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, actual or perceived HIV or AIDS status. The Committee hopes that the draft legislation will be adopted soon and asks the Government to forward a copy of the text, once adopted. Noting further that after completion of the Industrial Relations Bill, the Employment Act of 1978 will also be revised, the Committee hopes that in this revision process, the opportunity will be taken to include provisions on discrimination similar to those in the Industrial Relations Bill.

2. Article 1(1)(b). HIV/AIDS. The Committee notes with interest the adoption of the HIV/AIDS Management and Prevention Act No. 4 of 2003 which prohibits discrimination against persons infected or affected by HIV/AIDS in various aspects of employment, education and training. The Committee asks the Government to keep it informed of the practical application of the HIV/AIDS Management and Prevention Act No. 4 of 2003, including any relevant judicial or administrative decisions.

3. Discrimination based on sex. The Committee notes the Government’s statement that in the review of the Employment Act of 1978, consideration will be given to amending section 97 of the Employment Act to protect both men and women from discrimination based on sex, as well as section 100, to ensure that women cannot be dismissed on the grounds of pregnancy. The Committee asks the Government to keep it informed of the progress made in the review of the Employment Act of 1978, and in particular with respect to the provisions regarding discrimination based on sex, including pregnancy.

4. Sexual harassment. The Committee notes that section 3 of the third draft Industrial Relations Bill provides a comprehensive definition of sexual harassment covering both quid pro quo and hostile environment sexual harassment. Section 8(2) of the draft prohibits sexual harassment as a form of sex discrimination. The Committee further notes that the Government concurs that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected from sexual harassment. Noting the Government’s intention to bring the matter to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, the Committee asks the Government to keep it informed of the progress made in amending the provisions on sexual harassment in the General Orders and the Policy Act so as to protect men and women equally. Please also provide information on the application in practice of these provisions, including on the number and outcome of the cases brought. Noting further that the review of the Employment Act will also cover sexual harassment, the Committee hopes that the revised Employment Act will include provisions on sexual harassment similar to those in the draft Industrial Relations Bill.

5. Achieving equality in the public service. In its previous comments, the Committee noted that section 32(2)(c)(vi) of the Public Services (Management) Act 1995 provides that calls for candidates can specify “that only males or females will be appointed, promoted or transferred in particular proportions”. It also noted section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act concerning restrictions on the entitlement of female officers and teachers to certain allowances for her husband and children, as well as the definition of “breadwinner”. The Committee considered that these provisions might be in conflict with the principle of equality and have a discriminatory impact with regard to women’s employment in the public service. The Committee notes the Government’s statement that clarification is being sought with the Department of Personnel Management and the Department of Education, which will be communicated as soon as possible. The Committee trusts that the Government’s next report will contain further information on the steps taken to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act and any other laws and regulations containing similar provisions.

6. Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that the ongoing legislative reviews will pave the way to bringing its national legislation into conformity with the provisions of the Convention. It also notes that section 8(3) of the draft Industrial Relations Bill provides that every employer shall take steps, including the development and communication of policies in the workplace, to eliminate discrimination and harassment. Furthermore, the Government indicates that the National Apprenticeship and Trade Testing Board and other job-searching policies aim to ensure equal participation of men and women, and that the Papua New Guinea Occupational Skill Certification Policy and the Employment Policy also to some extent promote equality of opportunity and treatment in employment and occupation. The Committee welcomes the legislative reform and asks the Government to continue to keep it informed of this process. The Committee also asks the Government to provide further details on how the Employment Policy and the Papua New Guinea Occupational Skill Certification Policy promote in practice the objectives of the Convention. Please also include information on any other concrete measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation in practice with respect to all the grounds covered by the Convention, and particularly the grounds of sex, race, colour and national extraction.

7. Article 3(e). Promoting equality in vocational guidance and training, and placement services. The Committee notes the Government’s statement that it will provide more detailed information on this point after the enactment of the Papua New Guinea Occupational Skills Certification Board Act, and after it has been able to collect the necessary information from all relevant agencies. The Committee looks forward to receiving a copy of the Papua New Guinea Occupational Skills Certification Board Act and hopes that the Government will be in a position to provide further information on the measures taken to ensure the observance of the national equality policy in the context of vocational education and training, as well as placement agencies. Please also include statistics disaggregated by sex and ethnic origin, where possible, on the participation in the vocational training programmes offered.

8. Article 5. Employment of women in heavy labour and night work, and maternity protection. The Committee refers to its previous comments concerning protective measures and maternity protection and notes the Government’s statement that the revision of the Employment Act will cover sections 98–99 regarding the employment of women in heavy labour and night work. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee hopes that, in revising the Employment Act, it will be ensured that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. The Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information on the measures taken to address the disparity between the maternity protection in the private and public sectors.

9. Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s statement that no courts of law or tribunals have handed down decisions relating to the application of the Convention. According to the Government, certain obstacles prevent such cases from coming forward such as the lack of awareness among the public and law enforcers on international labour standards and their importance to national law and practice. The Committee asks the Government to indicate in its next report the measures taken or envisaged, and their impact, to increase the awareness and knowledge of the requirements and objectives of the Convention among law enforcers and the general public. Please also continue to report on any judicial and administrative decisions regarding equality of opportunity and treatment.

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

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. With reference to its previous comments regarding legal protection against discrimination on the basis of the grounds set out in Article 1(1)(a) of the Convention, the Committee notes that the third draft Industrial Relations Bill defines “discrimination” as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, actual or perceived HIV or AIDS status, which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation”. It also notes that the draft contains a definition of indirect discrimination and that section 8(1) of the draft prohibits direct and indirect discrimination against an employee or an applicant for employment, in any employment policy or practice on the basis of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, actual or perceived HIV or AIDS status. The Committee hopes that the draft legislation will be adopted soon and asks the Government to forward a copy of the text, once adopted. Noting further that after completion of the Industrial Relations Bill, the Employment Act of 1978 will also be revised, the Committee hopes that in this revision process, the opportunity will be taken to include provisions on discrimination similar to those in the Industrial Relations Bill.

2. Article 1(1)(b). HIV/AIDS. The Committee notes with interest the adoption of the HIV/AIDS Management and Prevention Act No. 4 of 2003 which prohibits discrimination against persons infected or affected by HIV/AIDS in various aspects of employment, education and training. The Committee asks the Government to keep it informed of the practical application of the HIV/AIDS Management and Prevention Act No. 4 of 2003, including any relevant judicial or administrative decisions.

3. Discrimination based on sex. The Committee notes the Government’s statement that in the review of the Employment Act of 1978, consideration will be given to amending section 97 of the Employment Act to protect both men and women from discrimination based on sex, as well as section 100, to ensure that women cannot be dismissed on the grounds of pregnancy. The Committee asks the Government to keep it informed of the progress made in the review of the Employment Act of 1978, and in particular with respect to the provisions regarding discrimination based on sex, including pregnancy.

4. Sexual harassment. The Committee notes that section 3 of the third draft Industrial Relations Bill provides a comprehensive definition of sexual harassment covering both quid pro quo and hostile environment sexual harassment. Section 8(2) of the draft prohibits sexual harassment as a form of sex discrimination. The Committee further notes that the Government concurs that the provisions in the Public Service Orders concerning sexual harassment may be discriminatory in that only women are protected from sexual harassment. Noting the Government’s intention to bring the matter to the attention of the Department of Personnel Management for possible review and amendment of the General Orders, the Committee asks the Government to keep it informed of the progress made in amending the provisions on sexual harassment in the General Orders and the Policy Act so as to protect men and women equally. Please also provide information on the application in practice of these provisions, including on the number and outcome of the cases brought. Noting further that the review of the Employment Act will also cover sexual harassment, the Committee hopes that the revised Employment Act will include provisions on sexual harassment similar to those in the draft Industrial Relations Bill.

5. Achieving equality in the public service. In its previous comments, the Committee noted that section 32(2)(c)(vi) of the Public Services (Management) Act 1995 provides that calls for candidates can specify “that only males or females will be appointed, promoted or transferred in particular proportions”. It also noted section 20.64 of General Order No. 20 and section 137 of the Teaching Services Act concerning restrictions on the entitlement of female officers and teachers to certain allowances for her husband and children, as well as the definition of “breadwinner”. The Committee considered that these provisions might be in conflict with the principle of equality and have a discriminatory impact with regard to women’s employment in the public service. The Committee notes the Government’s statement that clarification is being sought with the Department of Personnel Management and the Department of Education, which will be communicated as soon as possible. The Committee trusts that the Government’s next report will contain further information on the steps taken to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act and any other laws and regulations containing similar provisions.

6. Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that the ongoing legislative reviews will pave the way to bringing its national legislation into conformity with the provisions of the Convention. It also notes that section 8(3) of the draft Industrial Relations Bill provides that every employer shall take steps, including the development and communication of policies in the workplace, to eliminate discrimination and harassment. Furthermore, the Government indicates that the National Apprenticeship and Trade Testing Board and other job-searching policies aim to ensure equal participation of men and women, and that the Papua New Guinea Occupational Skill Certification Policy and the Employment Policy also to some extent promote equality of opportunity and treatment in employment and occupation. The Committee welcomes the legislative reform and asks the Government to continue to keep it informed of this process. The Committee also asks the Government to provide further details on how the Employment Policy and the Papua New Guinea Occupational Skill Certification Policy promote in practice the objectives of the Convention. Please also include information on any other concrete measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation in practice with respect to all the grounds covered by the Convention, and particularly the grounds of sex, race, colour and national extraction.

7. Article 3(e). Promoting equality in vocational guidance and training, and placement services. The Committee notes the Government’s statement that it will provide more detailed information on this point after the enactment of the Papua New Guinea Occupational Skills Certification Board Act, and after it has been able to collect the necessary information from all relevant agencies. The Committee looks forward to receiving a copy of the Papua New Guinea Occupational Skills Certification Board Act and hopes that the Government will be in a position to provide further information on the measures taken to ensure the observance of the national equality policy in the context of vocational education and training, as well as placement agencies. Please also include statistics disaggregated by sex and ethnic origin, where possible, on the participation in the vocational training programmes offered.

8.  Article 5. Employment of women in heavy labour and night work, and maternity protection. The Committee refers to its previous comments concerning protective measures and maternity protection and notes the Government’s statement that the revision of the Employment Act will cover sections 98–99 regarding the employment of women in heavy labour and night work. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee hopes that, in revising the Employment Act, it will be ensured that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. The Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information on the measures taken to address the disparity between the maternity protection in the private and public sectors.

9. Part IV of the report form. Judicial and administrative decisions. The Committee notes the Government’s statement that no courts of law or tribunals have handed down decisions relating to the application of the Convention. According to the Government, certain obstacles prevent such cases from coming forward such as the lack of awareness among the public and law enforcers on international labour standards and their importance to national law and practice. The Committee asks the Government to indicate in its next report the measures taken or envisaged, and their impact, to increase the awareness and knowledge of the requirements and objectives of the Convention among law enforcers and the general public. Please also continue to report on any judicial and administrative decisions regarding equality of opportunity and treatment.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes that under article 55(1) of the Constitution all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex, and that under article 45 of the Constitution every person has the right to freedom of choice of employment. However, the Employment Act, 1978 prohibits discrimination only on the basis of sex. The Committee notes from the Government’s report that the Draft Industrial Relations Act 2003 would prohibit discrimination in employment on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, or social origin. The Government is requested to supply the text of the new Industrial Relations Act as soon as it is adopted. Pending the adoption of the Act, please indicate how the ground of “social origin”, contained in the Convention, is to be covered.

2. Discrimination on the basis of sex. With respect to private sector employment, the Committee notes that section 97 of the Employment Act prohibits discrimination against women on the basis of their sex. Recalling that the Convention protects both men and women from discrimination on the basis of sex, the Committee suggests that this provision be amended accordingly in the proposed new Industrial Relations Act. The Committee also considers that section 100 of the Employment Act should be revised in order to ensure that women can not be dismissed on the basis of their pregnancy. (Attention is also drawn to the Committee’s comments on section 97 under Convention No. 100.)

3. With respect to the public service, the Committee wishes to receive further information on the meaning and application in practice of section 32(2)(c)(iv) of the Public Services (Management) Act 1995 which provides that calls for candidates can specify “that only males or females will be appointed, promoted or transferred in particular proportions”. The Committee also notes that under section 20.64 of General Order No. 20, a female officer is only entitled to allowances to cover fares and removal expenses on appointment or transfer, as well as recreation leave air fares in respect to herself and her husband and children if she qualifies as a “breadwinner”. Under section 20.64 of General Order No. 20, a female officer is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee also notes similar provisions in the Teaching Services Act (section 137). While the Committee recognizes that these provisions may reflect current social realities, it must point out that they are in conflict with the principle of equality and may have a discriminatory effect with regard to women’s employment in the public service. The Committee therefore requests the Government to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act, and any other laws and regulations containing similar provisions.

4. Sexual harassment. The Committee notes that in the public service sexual harassment (on the basis of quid pro quo and hostile environment) is a disciplinary offence under General Order No. 15 (sections 15.55 and 15.56), as well as under General Order No. 20 (section 20.73). Complaints can be brought to the departmental head of the Department of Personnel Management and the Public Service Commission. Sexual harassment is also a disciplinary offence under section 20(1)(at) of the Police Act 1998. The Committee asks the Government to provide further information on the application of these provisions in practice, including information on the number and outcomes of any cases brought. Please also provide information on the measures taken to revise this provision on sexual harassment so as to protect men and women equally, and indicate whether the Government is considering taking measures to address sexual harassment also in the private sector.

5. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government to continue the ongoing process of legislative review in order to strengthen national legislation in the light of the Conventions’ requirements and to amend and repeal all provisions regulating private and public employment, which are in conflict with the Convention. The Government is reminded that when reforming its labour legislation, gender-neutral drafting should be ensured. The Government is requested to keep the Committee informed in this regard.

6. Further, the Committee requests the Government to provide information on the concrete and practical measures taken to promote the application of the Convention in practice, including through educational programmes and awareness raising on issues of employment equality or through studies, e.g. on the extent of ethnic discrimination in employment and occupation. The Government is requested to indicate whether any such activities have been undertaken or are envisaged. Please also provide statistical information on the participation of men and women at the different levels of public and private employment.

7. Article 3(e). Vocational guidance and training, and placement services. While noting the information provided by the Government regarding the National Apprenticeship and Trade Testing Board, the Committee would appreciate receiving further information on the measures taken to ensure the observance of the national equality policy in the context of vocational guidance and training, as well as placement services provided under the Government’s authority. Please also provide statistical information on the number of men and women participating in the various training programmes offered.

8. Article 5 of the Convention. Employment of women in heavy labour, night work and maternity protection. The Committee notes the Government’s intention to review sections 98 and 99 of the Employment Act regarding the employment of women in heavy labour and night work, as well as to address the disparity between the maternity protection available in the private and public sectors. Please provide information on any progress made with regard to these matters.

9. Part IV of the report form. Judicial and administrative decisions. The Committee notes that no courts of law or tribunals have given any decision relating to the application of the Convention. The Government is asked to continue to provide information on any judicial or administrative decisions regarding equality of opportunity and treatment. In the absence of such cases, the Committee encourages the Government to identify the obstacles preventing such cases from being brought.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information in its next report on the following points.

1. Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes that under article 55(1) of the Constitution all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex, and that under article 45 of the Constitution every person has the right to freedom of choice of employment. However, the Employment Act, 1978 prohibits discrimination only on the basis of sex. The Committee notes from the Government’s report that the Draft Industrial Relations Act 2003 would prohibit discrimination in employment on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, or social origin. The Government is requested to supply the text of the new Industrial Relations Act as soon as it is adopted. Pending the adoption of the Act, please indicate how the ground of "social origin", contained in the Convention, is to be covered.

2. Discrimination on the basis of sex. In respect to private sector employment, the Committee notes that section 97 of the Employment Act prohibits discrimination against women on the basis of their sex. Recalling that the Convention protects both men and women from discrimination on the basis of sex, the Committee suggests that this provision be amended accordingly in the proposed new Industrial Relations Act. The Committee also considers that section 100 of the Employment Act should be revised in order to ensure that women can not be dismissed on the basis of their pregnancy. (Attention is also drawn to the Committee’s comments on section 97 under Convention No. 100.)

3. In respect to the public service, the Committee wishes to receive further information on the meaning and application in practice of section 32(2)(c)(iv) of the Public Services (Management) Act 1995 which provides that calls for candidates can specify "that only males or females will be appointed, promoted or transferred in particular proportions". The Committee also notes that under section 20.64 of General Order No. 20, a female officer is only entitled to allowances to cover fares and removal expenses on appointment or transfer, as well as recreation leave air fares in respect to herself and her husband and children if she qualifies as a "breadwinner". Under section 20.64 of General Order No. 20, a female officer is considered to be the breadwinner if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed. The Committee also notes similar provisions in the Teaching Services Act (section 137). While the Committee recognizes that these provisions may reflect current social realities, it must point out that they are in conflict with the principle of equality and may have a discriminatory effect with regard to women’s employment in the public service. The Committee therefore requests the Government to review and amend the relevant provisions contained in the General Orders made under the Public Services (Management) Act, the Teaching Services Act, and any other laws and regulations containing similar provisions.

4.  Sexual harassment. The Committee notes that in the public service sexual harassment (on the basis of quid pro quo and hostile environment) is a disciplinary offence under General Order No. 15 (sections 15.55 and 15.56), as well as under General Order No. 20 (section 20.73). Complaints can be brought to the departmental head of the Department of Personnel Management and the Public Service Commission. Sexual harassment is also a disciplinary offence under section 20(1)(at) of the Police Act 1998. The Committee asks the Government to provide further information on the application of these provisions in practice, including information on the number and outcomes of any cases brought. Please also provide information on the measures taken to revise this provision on sexual harassment as to protect men and women equally, and indicate whether the Government is considering taking measures to address sexual harassment also in the private sector.

5. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee encourages the Government to continue the ongoing process of legislative review in order to strengthen national legislation in the light of the Conventions’ requirements and to amend and repeal all provisions regulating private and public employment, which are in conflict with the Convention. The Government is reminded that when reforming its labour legislation, gender-neutral drafting should be ensured. The Government is requested to keep the Committee informed in this regard.

6. Further, the Committee requests the Government to provide information on the concrete and practical measures taken to promote the application of the Convention in practice, including through educational programmes and awareness raising on issues of employment equality or through studies, e.g. on the extent of ethnic discrimination in employment and occupation. The Government is requested to indicate whether any such activities have been undertaken or are envisaged. Please also provide statistical information on the participation of men and women at the different levels of public and private employment.

7. Article 3(e). Vocational guidance and training, and placement services. While noting the information provided by the Government regarding the National Apprenticeship and Trade Testing Board, the Committee would appreciate receiving further information on the measures taken to ensure the observance of the national equality policy in the context of vocational guidance and training, as well as placement services provided under the Government’s authority. Please also provide statistical information on the number of men and women participating in the various training programmes offered.

8. Article 5 of the Convention. Employment of women in heavy labour, night work and maternity protection. The Committee notes the Government’s intention to review sections 98 and 99 of the Employment Act regarding the employment of women in heavy labour and night work, as well as to address the disparity between the maternity protection available in the private and public sectors. Please provide information on any progress made with regard to these matters.

9. Part IV of report form. Judicial and administrative decisions. The Committee notes that no courts of law or tribunals have given any decision relating to the application of the Convention. The Government is asked to continue to provide information on any judicial or administrative decisions regarding equality of opportunity and treatment. In the absence of such cases, the Committee encourages the Government to identify the obstacles preventing such cases from being brought.