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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - New Caledonia

The Committee has taken note of the Government's first report on the application of the Convention and has also examined the legislation appended to it. The Committee requests the Government to communicate with its next report the text of the legislation applying to public servants and workers coming under a "public law statute" who are excluded from the scope of Ordinance No. 85-1181 of 13 November 1985, and to supply additional information on the following points:

- Article 1(a) of the Convention. Unlike this Article of the Convention, section 2 of Ordinance No. 85-1181 does not include "race" and "colour" among the grounds which must not be taken into consideration in offers of employment, recruitment and employment relationship. Please indicate the manner in which application of the principle of equality of opportunity and treatment in employment and occupation is guaranteed in these two cases.

- Articles 2 and 3. Please indicate the practical measures taken to implement the national policy to eliminate discrimination, advocated by the Convention and by the national legislation, and to encourage promotion of the principle of equality of opportunity and treatment, particularly with regard to: (a) access to vocational training, (b) access to employment and the various occupations, and (c) conditions of employment. The Committee would also like to receive particulars (including statistics) of the results of these measures in both the private sector and in jobs under the direct control of the national authorities, and of the manner in which the education and information of the public with regard to the policy against discrimination are ensured and encouraged.

- Article 4. Please indicate any legislative or administrative measures, as well as the national practice, governing the employment or occupational activity of persons legitimately suspected of engaging in activities prejudicial to the security of the State, or state where it is established that they do indeed engage in such activities, and to provide particulars of the recourse available to such persons.