Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Sexual harassment. In its previous comments, the Committee noted that the Economic and Social Council, following its study on sexual harassment, had recommended that the Government provide more information for the general public and employers on this kind of discrimination at work and to reproduce the provisions of the Metropolitan Labour Code on sexual harassment in the local labour law. The Council also recommended that provision be made for administrative penalties, in addition to civil or penal sanctions, against public servants found guilty of sexual harassment. The Committee notes the Government’s indication that the legislation of New Caledonia on sexual harassment has not changed and is still the subject of a study. The Committee hopes that in this study the Government will take account of all the recommendations made by the Economic and Social Council. The Committee refers the Government to its general observation of 2002 on sexual harassment so that it can adopt the necessary measures in law and in practice to guarantee full protection against sexual harassment. The Committee requests the Government to continue to keep it informed on the progress made in revising the legislation on sexual harassment and hopes that any new provisions will contribute to the full application of the Convention. The Committee also asks the Government to supply information on the measures taken in practice to prevent sexual harassment.

2. Equal treatment and opportunity for men and women. In its previous comments, the Committee noted that the increase in the number of women in the most highly paid category of the civil service had not had any impact on women’s presence in higher management posts. The Committee notes from the Government’s last report that the proportion of women in the public sector decreased from 52 per cent (2004 Social Audit) to 49.7 per cent (2005 Social Audit). Moreover, the Committee notes that the proportion of women in the private sector appears to be on the increase since the Government indicated a figure of 37.9 per cent in its previous report but gives a figure of 41.6 per cent in its last report on the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to supply information in its next report on the proportion of women in the private and public sectors, including in higher management posts.

3. Application of the principles of the Convention to non-nationals. In its previous comments, the Committee noted that a legislative framework was being developed to protect foreign workers employed by enterprises established outside New Caledonia which provide services in the construction and civil engineering sectors. The Committee also noted that this legislative framework will include provisions on maternity protection and discrimination. The Committee once again asks the Government to supply information on progress made with regard to this legislative framework and hopes that the new provisions will contribute to the full application of the Convention.

4. Promoting and ensuring the application of the Convention. Labour inspection and courts of law. The Committee notes that no decisions have been delivered by the courts relevant to the application of the provisions of the Convention. The Committee notes that the labour inspectorate monitors equal treatment of men and women in the various categories of employment. The Committee requests the Government to supply information on any judicial or administrative decisions relating to equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to provide further details of measures taken by the Labour Inspectorate to detect and address discrimination.