Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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 and attached documentation.

1. Further to its previous comments, the Committee notes with interest that the Human Rights Commission Amendment Bill, introduced on 6 September 1990, extends the Human Rights Commission Act 1977 to cover, inter alia, discrimination on the grounds of political opinion, age, pregnancy, sexual orientation, trade union involvement, employment status, beneficiary status and family status. The Committee also notes that section 15(7)(A) of the Human Rights Commission Act has been retained in the current Bill. The Committee requests the Government to indicate the date of enactment of the amending legislation and to continue to provide full information concerning implementation of the Human Rights Commission Act.

2. The Committee notes that, by virtue of the Education Amendment Act 1990, the Government has established the Career Development and Transition Education Service (CDTES) to focus on the provision of career guidance information and the Education and Training Support Agency (ETSA) to administer and service vocational training schemes. The Committee notes with interest the provisions in the charters of both agencies to promote equal opportunities for low-income groups, women, Pacific Island groups, people with literacy/learning needs, people requiring specific learning assistance, rural groups and ethnic and other groups identified as disadvantaged. The Committee also notes that the CDTES is to encourage the development of career advice and transitional education programmes in a manner consistent with Maori aspirations and processes, and that Maori participation is to be promoted in all of its operations; and that the ETSA charter has highlighted the need to promote equal educational, training and retraining opportunities for Maori people. Further to its previous request, the Committee notes that the Maori ACCESS scheme, which is now administered by the Iwi Transition Agency, is targeted specifically to Maori people and that, while Pacific Island Polynesians are not excluded from that scheme, they are in practice more likely to participate in the general ACCESS scheme.

The Committee would be grateful if the Government would continue to furnish information concerning the work of these agencies, including statistics on the participation of different groups in the various programmes.

3. As concerns the employment rate of Maori and Pacific Island people, the Committee notes from the Government's report that while both groups are over-represented in particular industries and occupations, they are also more likely to be unemployed. The Committee notes, however, that measures are being taken to address the unemployment rate of Maori and Pacific Island Polynesians (which increased significantly between 1988 and 1990). The Committee requests the Government to continue to report on the measures being taken or contemplated to promote equality of opportunity and treatment in employment and occupation for these groups.

4. The Committee notes with interest the information provided in the Department of Labour Equal Employment Opportunities Report 1988/89 and requests the Government to continue to provide information on the progress achieved in implementing equal employment opportunity plans in the public sector.

5. In its previous request, the Committee had noted that a census was being conducted in the public service to provide data on ethnicity and disability. The Committee notes the explanation of the Government concerning the irrelevancy of this data to the present public service structure. Noting, however, that departments are required to provide, inter alia, data on gender, ethnicity and disability under section 58 of the State Sector Act 1988, the Committee requests the Government to provide this information with its next report.

6. The Committee notes with interest the information provided on the establishment of public service child-care facilities. It requests the Government to continue to provide information on the efforts made to increase the number of facilities in connection with its policy of equal opportunity.

7. The Committee notes with interest the information provided by the Government concerning applications for personal grievances relating to sexual harassment and discrimination, and the copies of the decisions in the Air New Zealand and Saunders cases. The Committee hopes that the Government will continue to provide information concerning any complaints made under Part IX of the Labour Relations Act 1987, the Human Rights Commission Act 1977 and the Race Relations Act 1971.