Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - New Zealand (Ratification: 1983)

The Committee notes with interest the detailed information supplied by the Government in its report for the period ending 30 June 1988.

1. The Committee noted previously that discrimination on the basis of political opinion and social origin is not covered by either the Human Rights Commission Act, 1977, No. 49, or by the Race Relations Act, 1971, No. 150. The Committee notes from the Government's report that in August 1987 the Human Rights Commission presented an extensive review to the Minister of Justice suggesting a number of substantive and procedural amendments to the Human Rights Commission Act 1977, and seeking extension of the Act's jurisdiction to cover, inter alia, political opinion. It notes that the review was submitted to the Caucus Committee on Justice and Women's Affairs, and that the Commission was preparing further information for the Caucus Committee. The Committee hopes that in addition to political opinion, a reference to social origin will also be introduced in any amendments extending the Human Rights Commission Act's jurisdiction. It requests the Government to continue to supply information on the progress achieved in the extension of the Act's jurisdiction. The Committee refers also to its observation on this Convention.

2. The Committee notes that section 15(7)(A) of the Human Rights Commission Act has not been interpreted by the Commission, the Equal Opportunities Tribunal or the High Court. It further notes that the Human Rights Commission has suggested, in its August 1987 review to the Minister of Justice, that section 15(7)(A) be repealed, section 15(7) of the Act being sufficient to provide for preferential treatment based on religious belief in connection with section 65 of the Private Schools Conditional Integration Act 1975.

The Committee notes with interest that section 65 of the Private Schools Conditional Integration Act allows preferential treatment on the basis of religion only in cases in which teachers are recruited to posts in which religious instruction forms part of their duties.

The Committee requests the Government to indicate any further developments in this connection, including any interpretation that might be given of section 15(7)(A) of the Human Rights Commission Act, or of its repeal.

3. The Committee notes with interest the information on the activities of the Vocational Training Section of the Department of Maori Affairs, and on the Maori ACCESS scheme designed to enable Maori and Tribal Authorities to initiate training programmes for Maori youth in their area, and that the Maori ACCESS scheme was transferred to the Department of Maori Affairs in January 1987. It notes in particular the number of trainees already enrolled in training schemes, which has surpassed the objectives fixed.

The Committee requests the Government to continue to supply information on the progress achieved in promoting equality of opportunity and treatment in vocational training schemes. Please indicate also whether the Maori ACCESS scheme applies to Pacific Island Polynesian populations as well.

4. As concerns the promotion of equality of opportunity and treatment in employment and occupation more generally for Maori and Pacific Island Polynesian segments of the population, the Committee notes the statistics on employment for these groups contained in the 1988 report of the Working Group on Equal Employment Opportunities and Equal Pay, entitled "Towards Employment Equity". It notes the statement in that report, for instance, that Maori people "are obviously disadvantaged in the workplace". It would be grateful if the Government would indicate in its next report any progress achieved in the area of employment and occupation for these groups, and further statistical information on their position in this respect.

5. The Committee notes with interest the various legislative enactments strengthening the requirements for equal employment opportunity within the state sector, to which it has referred in its observation. In this respect, the Committee also notes the summary sheets developed by the Equal Employment Opportunity Unit in the State Services Commission on each of the Departmental Equal Employment Opportunity Plans prepared under section 58 of the State Sector Act 1988.

The Committee requests the Government to continue to supply information on the progress achieved in promoting equality of opportunity and treatment in employment and occupation by means of equal employment opportunity action. In order to assess more accurately the practical application of equal employment opportunity programmes, the Committee would be grateful if the Government would include with its next report, by way of example, a copy of an equal employment opportunities programme and a copy of a yearly report of one of the government departments drawn up under section 58 of the State Sector Act 1988.

6. The Committee notes the tables on the distribution of men and women among the permanent staff in the public service. It also notes that a major census of the public service is being conducted by the State Services Commission to provide data on ethnicity and disability. The Committee hopes that the Government will include the results of the census with its next report.

7. The Committee further notes the information on the New Zealand Public Service Childcare scheme, and the Parental Leave and Employment Protection Act, 1987. It requests the Government to continue to supply information on the efforts made to supply child-care services in connection with the implementation of its policy of equal opportunity.

8. The Committee notes with interest the adoption of the Labour Relations Act 1987, in particular its part IX concerning the resolution of personal grievances, which include discrimination on the basis of colour, race, ethnic or national origins, sex, marital status, religious or ethical belief, or involvement in union activities. It requests the Government to continue to supply information on the progress achieved in promoting equality of opportunity and treatment in employment and occupation by means of the personal grievances system of the Labour Relations Act 1987.

9. The Committee notes with interest the reports of the Human Rights Commission and the Office of the Race Relations Conciliator for 1987 and 1988. It notes that the "Air New Zealand Case", to which it had referred in its previous comments, has been heard by the Equal Opportunities Tribunal, and that a decision is being awaited. Please provide information in this respect in the next report.