Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - New Caledonia

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New Caledonia

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indications emphasizing that competence for the negotiation and ratification of international treaties and agreements lies with the President of the French Republic and its Parliament, in accordance with articles 52 et seq. of the Constitution of 4 October 1958. It also notes that tripartite consultations were held in the Social Dialogue Committee (CDS, formerly the Labour Advisory Commission (CCT)) on the implementation of 17 international labour Conventions ratified by France and that New Caledonia sent reports through the competent State bodies, in addition to information relating to the CDS meetings held in 2017 and 2018. The Committee notes that these meetings have been held on a very regular basis. The Committee notes the supplementary information submitted by the Government, which refers to the tripartite consultations held in the CDS. In this regard, the Committee notes the shared social agenda for the period 2020–21 as well as the agenda of regular meetings held in 2020. The Committee requests the Government to continue providing information on the tripartite consultations to promote the implementation of international labour standards, and particularly on the content and outcome of consultations on issues relating to international labour standards as envisaged by Article 5(1) of the Convention.

With regard to changes in law and practice affecting the application of the Convention, the Committee notes the adoption of the Act of 2 October 2018 on governance in relation to employment, labour market inclusion, vocational training and guidance as well as the decision of 15 November 2018 and the Order of 12 March 2019 establishing the number of members and appointing the members of the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP).The Government indicates in this regard that two new inter-institutional bodies have been created, namely, the Conference of Executives, a policymaking guidance body, and the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP), a technical advisory body comprising the most representative workers’ and employers’ organizations and replacing the former advisory committee on vocational training. By law, CSEIFOP is briefed in plenary session on the implementation of public policies in the fields of employment, inclusion, training and vocational guidance. It ensures that public policies are consistent with the master plan established by the Conference of Executives and renders an opinion on the annual review drafted by the aforementioned Conference. The Government indicates that as part of the implementation of this new governance system, the responsibilities of the CDS were limited to examining the annual results of the elections of employee representatives, setting the guaranteed minimum wage and extending sectoral agreements. The Government indicates in this regard that pursuant to section Lp. 381–2 of the Labour Code, the Government informs the CDS every year of the main areas of the Government’s activity and the reforms that it proposes in the fields of labour, employment, vocational training, social protection, social security and wages, as well as the timetable for their implementation. On the occasion of the social conference, the CDS presents proposals on the aforementioned topics to the Government. The Government further states in its supplementary report that in 2020, the CDS has been consulted with regard to the law promoting genuine equality in the workplace between men and women and the law on teleworking. The Committee requests the Government to continue to provide detailed information on the activities carried out by the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP) and the Social Dialogue Council (CDS) with regard to the implementation of the Convention, particularly Articles 2 and 5.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indications emphasizing that competence for the negotiation and ratification of international treaties and agreements lies with the President of the French Republic and its Parliament, in accordance with articles 52 et seq. of the Constitution of 4 October 1958. It also notes that tripartite consultations were held in the Social Dialogue Committee (CDS, formerly the Labour Advisory Commission (CCT)) on the implementation of 17 international labour Conventions ratified by France and that New Caledonia sent reports through the competent State bodies, in addition to information relating to the CDS meetings held in 2017 and 2018. The Committee notes that these meetings have been held on a very regular basis. The Committee notes the supplementary information submitted by the Government, which refers to the tripartite consultations held in the CDS. In this regard, the Committee notes the shared social agenda for the period 2020–2021 as well as the agenda of regular meetings held in 2020. The Committee requests the Government to continue providing information on the tripartite consultations to promote the implementation of international labour standards, and particularly on the content and outcome of consultations on issues relating to international labour standards as envisaged by Article 5(1) of the Convention.

With regard to changes in law and practice affecting the application of the Convention, the Committee notes the adoption of the Act of 2 October 2018 on governance in relation to employment, labour market inclusion, vocational training and guidance as well as the decision of 15 November 2018 and the Order of 12 March 2019 establishing the number of members and appointing the members of the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP).The Government indicates in this regard that two new inter-institutional bodies have been created, namely, the Conference of Executives, a policymaking guidance body, and the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP), a technical advisory body comprising the most representative workers’ and employers’ organizations and replacing the former advisory committee on vocational training. By law, CSEIFOP is briefed in plenary session on the implementation of public policies in the fields of employment, inclusion, training and vocational guidance. It ensures that public policies are consistent with the master plan established by the Conference of Executives and renders an opinion on the annual review drafted by the aforementioned Conference. The Government indicates that as part of the implementation of this new governance system, the responsibilities of the CDS were limited to examining the annual results of the elections of employee representatives, setting the guaranteed minimum wage and extending sectoral agreements. The Government indicates in this regard that pursuant to section Lp. 381–2 of the Labour Code, the Government informs the CDS every year of the main areas of the Government’s activity and the reforms that it proposes in the fields of labour, employment, vocational training, social protection, social security and wages, as well as the timetable for their implementation. On the occasion of the social conference, the CDS presents proposals on the aforementioned topics to the Government. The Government further states in its supplementary report that in 2020, the CDS has been consulted with regard to the law promoting genuine equality in the workplace between men and women and the law on teleworking. The Committee requests the Government to continue to provide detailed information on the activities carried out by the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP) and the Social Dialogue Council (CDS) with regard to the implementation of the Convention, particularly Articles 2 and 5.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indications emphasizing that competence for the negotiation and ratification of international treaties and agreements lies with the President of the French Republic and its Parliament, in accordance with articles 52 et seq. of the Constitution of 4 October 1958. The Committee notes, however, that tripartite consultations have been held in the Labour Advisory Commission (CCT) on the implementation of 17 international labour Conventions ratified by France and that New Caledonia has sent reports through the competent State bodies. The Committee also notes the Government’s indication that CTC meetings were held on 11 September 2017 and 5 September 2018 and that the Government has provided the minutes of these tripartite meetings. The Government has also provided the Committee with a list of all CTC meetings and their agendas since its last report in 2016. The Committee notes that these meetings have been held on a very regular basis. The Committee requests the Government to continue providing information on the tripartite consultations to promote the implementation of international labour standards, and particularly on the content and outcome of consultations on issues relating to international labour standards as envisaged by Article 5(1) of the Convention. With regard to changes in law and practice affecting the application of the Convention, the Committee notes the adoption of the Act of 2 October 2018 on governance in relation to employment, labour market inclusion, vocational training and guidance, as well as the decision of 15 November 2018 and the Order of 12 March 2019 establishing the number of members and appointing the members of the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP). The Government indicates in this regard that two new inter-institutional bodies have been created, namely the Conference of Executives, a policy-making guidance body, and the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP), a technical advisory body comprising the most representative workers’ and employers’ organizations. The Government indicates that, as part of the implementation of this new governance system, the responsibilities of the Labour Advisory Commission (CCT) are limited to examining the annual results of the elections of employee representatives, setting the guaranteed minimum wage and extending sectoral agreements. The Committee requests the Government to provide detailed information on the respective roles and responsibilities of the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP) and the Labour Advisory Commission (CCT) with regard to the implementation of the Convention, particularly Articles 2 and 5.

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that 12 meetings of the Advisory Labour Commission (CCT) were held between March 2015 and June 2016. The Government also reports effective consultations in the Social Dialogue Council (CDS) under section Lp. 381-3 of the Labour Code of New Caledonia, and in the Special Commission in Congress to develop and monitor economic and social agreements for the period 2016–17. The Committee requests the Government to continue providing information on tripartite consultations intended to promote the implementation of international labour standards, and particularly on the content and outcome of the consultations held on the matters concerning international labour standards set out in Article 5(1)(a) and (d) of the Convention.

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Effective tripartite consultations required by the Convention. The Committee takes note of the report of the Government of New Caledonia sent in response to its 2011 direct request. It notes that the social partners renew their joint efforts every year with a view to opening discussion on international labour standards, and that since the Council on Social Dialogue (CDS) was set up in 2010, the draft texts on subjects other than those covered by the Advisory Committee on Labour (CCT) are likewise submitted to the social partners that sit on this committee. It also notes that by Decision No. 146 of 1 September 2011, New Caledonia set up a special committee in Congress to develop and monitor economic and social agreements, in which the social partners are represented. The Committee invites the Government to provide in its next report information on the tripartite consultations held in the CDS or other New Caledonian tripartite institutions on the matters covered by Article 5(1) of the Convention.

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Effective tripartite consultations required by the Convention. The Committee notes the report sent by the Government of New Caledonia for the period ending in June 2011. Its notes with interest that a new body, the Council for Social Dialogue (CDS), was set up in December 2010. The establishment of the Council forms part of the promotion of social democracy as a mode of governance and social regulation aimed at creating a balance in labour relations. The CDS comprises equal numbers of representatives from the recognized representative employers’ and workers’ organizations in New Caledonia. Each year the CDS is informed of the Government’s policy, of its proposed reforms in the areas of work, employment, vocational training, employee protection and social security, and also of the timetable for the implementation of such measures. As regards the matters relating to international labour standards covered by the Convention, the Committee notes that the report was referred to the Labour Advisory Committee for its opinion in August 2011 (Article 5(1)(c) of the Convention). The Committee hopes that the Government’s next report will contain further information on the effective tripartite consultations held on the matters covered by Article 5(1) of the Convention within the competence of the Government of New Caledonia.

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Effective tripartite consultations required by the Convention. In reply to previous comments, the Government of New Caledonia indicates in a report received in August 2009 that a labour advisory committee, bringing together all of the representative social partners, will devote part of its work to the presentation of reports on the application of international labour Conventions requested of New Caledonia. The consultations with the social partners will be renewed each year to enable discussions on international labour standards to be launched. The Committee notes that, since New Caledonia is not competent to negotiate or ratify international labour standards, there are no formal consultations with the social partners on these points. The Committee requests the Government to continue to supply information on the tripartite consultations conducted on matters listed in Article 5(1) of the Convention that come within the competence of the Government of New Caledonia.

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Effective tripartite consultations required by the Convention. The Government indicates in its report received in August 2007 that it has been engaged since 2006 in a long-term process for the improvement of social dialogue and development of employment. The first forum on social dialogue was held on 29 August 2006 with the objective of finding common ground for renewing the social dialogue and boosting social and cultural development. In reply to the Committee’s previous direct request, the Government refers to the activities of the Labour Advisory Committee, the Economic and Social Council and the Committee for Social Dialogue. The Committee hopes that the next report will contain up to date information on the tripartite consultations held on international labour standards in relation to each of the subjects covered by Article 5, paragraph 1, of the Convention.

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In reply to the Committee’s previous direct request, the Government indicates in a report received in August 2005 that the Advisory Labour Commission is not required to be consulted on the specific matters set out in Article 5 of the Convention. The Committee hopes that the next reports will nevertheless include indications on the tripartite consultations held in New Caledonia on all the matters covered by the Convention.

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The Committee notes the report received in January 2004 on the measures adopted in New Caledonia for the application of the Convention. It notes that the Advisory Labour Commission held six meetings in 1997, three in 1998 and two in the first half of 1999. It hopes that the next report will contain detailed information on the tripartite consultations held in New Caledonia on the matters covered by the Convention.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2000 direct request, which read as follows:

The Committee notes the Government’s last report and the information that it contains in reply to its direct request of 1997. It notes in this respect that, following the self-determination referendum in 1998, Organic Act No. 99-209 of 19 March 1999 determined the respective fields of competence of the French State and of New Caledonia, and that the latter is granted competence in the fields of labour law and the right to organize. The Committee also notes that the above Act grants New Caledonia the right to become a member, associate member or observer of international organizations, but that the French State retains competence with regard to international Conventions.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 2000, which read as follows:

The Committee notes the Government’s last report and the information that it contains in reply to its direct request of 1997. It notes in this respect that, following the self-determination referendum in 1998, Organic Act No. 99-209 of 19 March 1999 determined the respective fields of competence of the French State and of New Caledonia, and that the latter is granted competence in the fields of labour law and the right to organize. The Committee also notes that the above Act grants New Caledonia the right to become a member, associate member or observer of international organizations, but that the French State retains competence with regard to international Conventions.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s last report and the information that it contains in reply to its direct request of 1997. It notes in this respect that, following the self-determination referendum in 1998, Organic Act No. 99-209 of 19 March 1999 determined the respective fields of competence of the French State and of New Caledonia, and that the latter is granted competence in the fields of labour law and the right to organize. The Committee also notes that the above Act grants New Caledonia the right to become a member, associate member or observer of international organizations, but that the French State retains competence with regard to international Conventions.

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The Committee notes the Government’s last report and the information that it contains in reply to its direct request of 1997. It notes in this respect that, following the self-determination referendum in 1998, Organic Act No. 99-209 of 19 March 1999 determined the respective fields of competence of the French State and of New Caledonia, and that the latter is granted competence in the fields of labour law and the right to organize. The Committee also notes that the above Act grants New Caledonia the right to become a member, associate member or observer of international organizations, but that the French State retains competence with regard to international Conventions.

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The Committee notes the Government's report and the information it contains in reply to its previous direct request. It notes the information concerning the apportionment of powers between the French mainland, the territory of New Caledonia and its three provinces. The Government indicates that the Advisory Labour Commission set up under Order No. 5-1181 of 13 November 1985 is consulted on any draft law or order on labour-related matters. In addition, it specifies that the Commission met on nine occasions in 1995, eight occasions in 1996 and once in February 1997. The Committee, which appreciates the information provided, notes once again that no consultations have been held to date on any of the matters relating to the standard-setting activities of the ILO listed in Article 5, paragraph 1, of the Convention. It therefore feels that it is useful to emphasize once again the need, under Article 2, to implement effective tripartite consultation procedures on the matters referred to above. The Committee hopes that the Government's next report will provide details of the progress made in this regard. For this purpose, the Committee requests the Government to envisage the possibility of conducting the tripartite consultations in question within the Advisory Labour Commission.

Finally, the Committee requests the Government to keep the ILO informed of any changes in the status of the territory of New Caledonia resulting from the referendum on self-determination scheduled to take place in the course of 1998.

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The Committee notes the Government's report. It regrets that to date no consultations have been held on any of the matters relating to the ILO activities set out in Article 5, paragraph 1, of the Convention.

It recalls the obligation under Article 2 to establish tripartite procedures which ensure effective consultations on the above-mentioned matters; in accordance with paragraph 2 of the Article, representative organizations of employers and workers must be consulted on the nature and form of the procedures.

Accordingly, the Committee trusts that the Government will undertake appropriate consultations on the matter in the near future and that its next report will relate progress made with a view to giving effect to the provisions of the Convention. It hopes to find in each of the Government's next reports full and detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, including their frequency and the nature of any reports or recommendations resulting from these consultations.

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The Committee notes that, according to the Government's report, no consultation has taken place concerning questions under Article 5, paragraph 1, of the Convention. Moreover, it wishes to point out that, under Article 5, paragraph 2, such consultations shall be undertaken at appropriate intervals fixed by agreement, but at least once a year. As noted by the Committee in its 1982 General Survey, although this does not mean that all points in Article 5, paragraph 1, have to be covered every year, there should nevertheless be contacts between the parties at least once a year to carry out the consultations provided for. The Committee trusts that the Government will without fail take the necessary steps to institutionalize such consultations in the near future and requests it to keep the Office fully informed about any progress.

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The Committee takes note of the information supplied by the Government concerning Article 4, paragraph 2 and Article 6 of the Convention.

It again requests the Government to provide full information on consultations held during the period covered by the next report concerning each of the points set out at Article 5, paragraph 1, inlcuding information on the frequency of such consultations (paragraph 2), and to specify the nature of any reports or recommendations resulting from them.

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The Committee notes the first report provided by the Government on the application of the Convention. It would be grateful if the Government would supply additional information on the following points:

Article 4, paragraph 2, of the Convention. Please describe any arrangements that have been made or are envisaged with representative organisations for the financing of any necessary training of participants in the consultations required under the Convention.

Article 5. Please supply full particulars on the consultations that are held during the period covered by the next report on each of the items set out in paragraph 1 of this Article, including information on the frequency of these consultations, and specify the nature of any reports or recommendations resulting from these consultations.

Article 6. Please specify whether it is planned to issue an annual report on the working of the procedures provided for in this provision or whether consultations have been held with the representative organisations on this matter.