Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.