Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.