Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Nursing Personnel Convention, 1977 (No. 149) - New Caledonia

The Committee notes 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 information supplied by the Government in regard to the main characteristics of the nursing population. It notes, however, that the Government provides no information on the nursing personnel and services policy which, as part of general health planning, is intended to provide nursing care of the quantity and quality necessary to ensure the highest possible level of health for the population in the territory in accordance with Article 2, paragraphs 1 and 2, of the Convention.

Article 5, paragraph 1. The Committee notes the absence of information on the measures taken to strengthen the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them. It notes that since June 1999 the autonomy of New Caledonia has been reinforced and that, in this context, it is the responsibility of the local authorities to organize, where appropriate, active consultation with the occupational organizations on the health problems not yet settled. The Committee therefore hopes that the Government will communicate information on the relevant measures taken.

Article 5, paragraph 2. Recalling its previous comments, the Committee hopes that the Government will supply information on the outcome of any negotiations held in Metropolitan France, or in New Caledonia, on the reform of the status of the public service and their impact on nursing personnel. In addition, the Committee requests the Government to provide information on the measures taken with a view to harmonizing the situation between the public and private nursing sectors.

Article 5, paragraph 3. The Committee recalls that it asked the Government to supply information on the procedures for settling disputes arising out of the determination of terms and conditions of employment. The Committee hopes that the Government will not fail to transmit this information with its next report.

Article 6(a) and (b). The Committee notes that the Government has not supplied in its report information on the provisions applicable to public sector nursing personnel relating to hours of work, including compensation for overtime, inconvenient or restrictive hours, shift work and weekly rest. It hopes that the Government will do its utmost to supply this information in the near future.

Article 7. The Committee notes the Government’s reply that, since June 1999, because of the status of New Caledonia as an overseas territory, the legislation enacted under the authority of the French Ministries of Labour and Health is not applicable. It also notes the information to the effect that there are no specific provisions to take into account the particular risk of accidental exposure to the human immunodeficiency virus (HIV) among nursing personnel. It hopes that, as indicated in the report, the texts on the procedure for recognition of occupational diseases will be updated and that the Government will indicate the measures taken or envisaged, in consultation with the employers’ and workers’ organizations concerned, to take into account particular risks for nursing personnel of the hazard mentioned: for example, adjustment of working conditions, confidentiality of test results, etc. (General Observation, 1994).

Part V of the report form. The Committee notes the statistics on the number of nursing personnel supplied by the Government in its report. It hopes that the Government will continue to provide information on the application of the Convention in practice and on any difficulties encountered in its implementation.