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Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Papua New Guinea

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 2000)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2000)

Other comments on C100

Observation
  1. 2025
  2. 2024
  3. 2021

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.
The Committee welcomes the Government’s indication that, under the current labour law reform exercise, a suite of “priority” labour laws was identified for revision and that, consequently, the Industrial Relations Bill will be reviewed again, in parallel with the review of the Employment Act 1978. Noting the Government’s indication that it anticipates seeking technical assistance from the Office for the revision of these laws (as per the Decent Work Country Programme 2018–22 which was extended to 2025), the Committee firmly hopes that the Government will act to that effect, in consultation with the most representative workers’ and employers’ organizations, in order to bring the laws into line with the requirements of Conventions Nos 100 and 111. It asks the Government to provide information on any progress made in this regard.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

The Committee notes that, according to the Gender Inequality Index (GII) published by the United Nations Development Programme (UNDP) for 2023, Papua New Guinea ranked 156 out of 173 countries, underscoring persistent disparities in, inter alia, empowerment and labour market participation.
Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. The Committee recalls that the Government had indicated that section 8 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; and that sections 97 to 100 of the Employment Act 1978, which prohibit sex-based discrimination only against women, would also be reviewed. In this regard, the Committee refers to its request above.
Discrimination on the ground of sex. Public service. The Committee recalls the discriminatory nature and impact of: (1) the Public Services (Management) Act adopted in 2014, in that it allows employers to advertise for candidates indicating that only males or only females will be appointed, promoted or transferred in “particular proportions”; and (2) 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 as unemployed). The Committee trusts that, in the context of the ongoing labour reforms, the Government will take the necessary measures to review or amend these laws to bring them into conformity with the Convention.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. With regard to the labour law reform referred to above, the Committee recalls its long-standing request that the Government take measures to ensure that both the Industrial Relations Bill as well as the revision of the Employment Act, 1978: (1) contain a definition of remuneration which includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment; and (2) provide for equal remuneration for men and women for work of equal value (and not only for equal, the same or similar work), in conformity with the Convention. In this regard, the Committee refers to its request in the second paragraph of this observation.
The Committee is raising other matters in a request addressed directly to the Government.
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