Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - France (Ratification: 1981)

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:

Repetition

Promotion of equality of opportunity and treatment for men and women in employment and occupation. The Committee refers to its observation in which it notes the amendment of article 1 of the Constitution by the Act of 23 July 2008, under the terms of which “the law shall promote the equal access of women and men to electoral mandates and elected functions, as well as to professional and social responsibilities”. In its report, the Government indicates that the employment rate of women in 2004 was still 11.5 points lower than that of men and that the unemployment rate of women remained high. Furthermore, women only occupied 25 per cent of middle management positions in the private sector, even though they represent almost half of the active population. The Committee notes in this respect the Bill on the balanced representation of women and men on executive and supervisory boards and occupational equality that is currently being examined by the National Assembly and hopes that this Bill will soon be adopted and promulgated.

The Committee also notes that, in its report on Guadeloupe, the Government indicates that there are persistent inequalities between men and women in terms of access to the labour market and that there has not been a significant improvement in the situation in recent years. The same applies to French Guiana, where the competent services also note the persistence of inequalities between men and women in terms of employment, despite the action taken by the regional public employment service.

The Committee notes that, in its resolution No. 2009-237 of 29 June 2009 on equality between women and men, the High Authority to Combat Discrimination and Promote Equality (HALDE) emphasizes that, despite the existence of a strengthened legal framework, equality between men and women is still far from being effective and it makes a number of recommendations to the public authorities. The Committee observes that these recommendations include the formulation of legislative provisions or regulations to define specific measures intended to resolve de facto inequalities (affirmative action) and to develop and reform parental leave to ensure a better distribution of family responsibilities between the two parents. The Committee also observes that, according to HALDE, women are still badly informed concerning the types of discrimination that they may suffer and that it is necessary to conduct awareness-raising activities, which need to be evaluated regularly.

The Committee also notes the information on the monitoring and implementation by the social partners of the interoccupational agreement of 2004 on occupational balance and equality between men and women, including the conclusion of a number of collective agreements. However, it notes that, according to the Government, the outcome is inadequate, since the collective agreements concerned are still sometimes limited in light of the legal provisions. The Committee notes in this respect that the HALDE, in its 2009 resolution, also emphasizes the role of the social partners in the implementation of rights to equality in employment and occupation between men and women.

In view of the above, the Committee requests the Government to provide information on the following points:

• (i) the affirmative action taken, in collaboration with the social partners, to promote equality of access for men and women to employment, and their impact on the employment of women, including in positions of responsibility, and the measures taken to combat occupational segregation in an effective manner, including in overseas departments and regions;
• (ii) the action taken to give effect to the recommendations made by the HALDE in its annual report for 2009, including resolution No. 2009-237 on equality between men and women;
• (iii) the activities of the High Council for Occupational Equality between Women and Men, and particularly any proposal or recommendation made and, where appropriate, the action taken as a result;
• (iv) the implementation of the Act on the balanced representation of women and men in executive and supervisory boards and on occupational equality; and
• (v) collective agreements concluded recently which provide for the adoption and implementation of practical measures for the purposes of equality in employment and occupation.

Equality of opportunity and treatment for men and women in the public service. The Committee notes the information, including the statistics, provided by the Government in reply to its comments, particularly on the right to vocational training and the recognition of occupational experience acquired through the measures introduced by Act No. 2007-148 of 2 February 2007 and the agreement of 21 November 2006 on vocational training, and also in terms of internal promotion. It however observes that, even though it has increased slightly, the proportion of women at executive levels in the state public service remains very low (16.3 per cent in 2006). In this respect, the Government indicates that various factors may explain the slow increase in the number of women in executive positions, but that the main difficulty lies in the conditions of work of officials appointed to this type of position and the difficulties in reconciling professional and family life. According to the report, certain measures have been adopted to make it easier for young parents who wish to remain at work, such as assistance with the cost of childcare and incentives for the construction of nurseries. The Committee requests the Government to take the necessary measures to intensify the action taken to promote equality between men and women in the public service and to encourage the internal professional development of women, particularly to executive positions, and to provide information on the progress achieved in this respect. Noting that a mission on equality between men and women in the public service was entrusted to a deputy in October 2010 with a view to identifying the remaining obstacles in the three public services in relation to equality in employment and occupation, in terms of career prospects, including the representation of women in decision-making positions and on dialogue bodies, the Committee requests the Government to provide information on the conclusions of this mission and on any measures taken or envisaged as a result.

Equality of access of men and women to training. In the absence of specific information on this subject in the Government’s report, the Committee once again requests it to provide information on the following points:

• (i) the measures taken at the regional level to promote the access of women to all the forms of training available and their impact in terms of equality of access to training for men and women; and
• (ii) the measures taken by the State to ensure that women who follow these training programmes are then able to gain access to jobs that are commensurate with their qualifications, and the results achieved.

The Committee requests the Government to provide information on the measures taken at the local level to promote equality for men and women in access to vocational training in Guadeloupe, French Guiana, Martinique and Réunion, as well as on any assessment made on this subject.

Discrimination on grounds of sex. Sexual harassment. The Committee notes that Act No. 2008-496 of 27 May 2008 provides that discrimination includes “any act with a sexual connotation, suffered by a person and having the objective or effect of undermining her or his dignity and creating a hostile, degrading, humiliating or offensive environment” (section 11), which would correspond to sexual harassment, without this term however being explicitly used in the Act. The Committee observes that the Act does not directly modify the definition of sexual harassment contained in section L.1153-1 of the Labour Code, namely “acts of harassment of any person with a view to obtaining favours of a sexual nature for him or herself or for a third person”. The Committee fears that difference in the texts will not contribute to ensuring the legal clarity of the measures to combat sexual harassment at the workplace which is indispensable to ensure worker’s full and complete protection against this discriminatory practice. The Committee requests the Government to examine the possibility of adopting measures to amend the definition of sexual harassment in the Labour Code (section L.1153-1) so that the labour legislation covers not only quid pro quo sexual harassment, but also sexual harassment through a hostile working environment. The Government is requested to provide information on any measure adopted in this respect. Furthermore, with reference to its previous comments on the application of the Convention in French Guiana and Réunion, the Committee requests the Government to provide information on any measure adopted to prevent or combat sexual harassment at work, such as information or awareness-raising campaigns, and on any cases of sexual harassment brought to the knowledge of the labour inspection services or the competent jurisdictions.

Discrimination on grounds of sex and religion. The Committee notes the adoption of Act No. 2010-1192 of 11 October 2010 prohibiting the concealment of the face in public areas. Noting that the implementation of this Act may have a discriminatory effect in relation to women of Muslim religion wearing a full veil in terms of their opportunities to find and engage in employment, the Committee requests the Government to provide information on the number of women affected by Act No. 2010-1192 and on its application in practice in relation to employment and occupation.

Discrimination on grounds of race, colour and national extraction. Travellers. The Committee notes that, according to the periodic report of France to the Committee on the Elimination of Racial Discrimination (CERD) in 2009, the population of travellers in France is estimated at 300,000 and that this population group encounters major economic and social problems. According to this report, it is difficult for them to enter the labour market in view of their poor levels of qualification. The Government also indicates that they suffer from discrimination in relation to employment, housing, education, health and citizenship (CERD/C/FRA/17-19, 16 December 2009, paragraphs 95–6). The Committee notes that, in reply to its previous comments, the Government indicates that the National Advisory Commission on Travellers has essentially examined in recent years the issues of the reception of travellers and the places where they stay. With regard to access to employment, the Government indicates that, in view of the non-salaried nature of most of the activities performed by travellers, certain measures, such as the status of single entrepreneur or the active solidarity income (RSA) for non-salaried persons, may improve their situation with regard to employment, but that there are no data to assess the impact of these measures on the employment of travellers. The Committee notes the implementation between 2002 and 2007 of the CODIPE (Against Discrimination, for Employment) project, with the objective of the economic integration of travellers through the recognition of their skills and the development of new economic activities, and the action taken in relation to travellers by the Association for the Right to Economic Initiative, co-financed by the State. In light of the above, the Committee requests the Government to provide information on the following points:

• (i) the specific measures adopted or envisaged to promote equality of opportunity and treatment for travellers in relation to employment and occupation, including measures intended to improve their level of qualification by facilitating access to education and encouraging access to vocational training, and to recognize and validate their vocational competencies;
• (ii) any machinery in existence to assess the impact of these measures on the vocational integration and employment of travellers, including self-employment, and consequently on their economic and social situation;
• (iii) any activities undertaken by the National Advisory Commission on Travellers with a view to promoting equality of opportunity and treatment in employment and occupation; and
• (iv) any action taken as a result of the recommendations on the access to employment of travellers issued in February 2008 by the Advisory Commission on Human Rights.

Roma. The Committee notes that, in its concluding observations of 27 August 2010, the CERD expressed concern at the increase in manifestations of racism and racist violence against the Roma on French territory. The CERD also expressed concern at the difficulties faced by the Roma with regard to the exercise of their economic, social and cultural rights (CERD/C/FRA/CO/17-19, 27 August 2010, paragraphs 14 and 15). The Committee also notes that Roma originating from Romania and Bulgaria have recently been the subject of collective expulsion measures to their country of origin in the context of a policy known as “assistance for return”. The Committee observes that the adoption and implementation of these measures, which were covered widely by the media, which are aimed in particular at one ethnic group, can have the effect of reinforcing the stereotypes and prejudices to which they are already the victims. The Committee urges the Government to take any appropriate measures to combat discrimination against the Roma and to promote respect and tolerance between all components of the population. It requests the Government to provide information on the measures adopted or envisaged, in collaboration with the representative organizations of the Roma, to ensure the access to education of Roma children and the access to employment, including self-employment, and to vocational training of Roma men and women.

Labour inspection. The Committee welcomes the fact that professional equality between men and women was the subject of a national inspection campaign by the labour inspectorate in 2008 and that, in this context, an inspection guide and various methodological tools were developed and made available to labour inspectors. However, it observes that no action was taken in 2008 by the labour inspection services of Martinique and that, according to the Government’s report, the labour inspectors in Saint Pierre and Miquelon have not been trained in inspection in relation to discrimination. In view of the persistence of discrimination at work, the Committee encourages the Government to continue to reinforce the capacity of labour inspectors to combat discrimination by enabling them to benefit from appropriate training and to provide them with adequate resources, particularly in overseas departments and regions. Please continue to provide information on the activities carried out in practice by labour inspectors with a view to combating discrimination and promoting equality in employment and occupation throughout the territory.

Application. The Committee notes the activities of the HALDE as presented in its annual reports for 2008 and 2009. It notes that the HALDE received 10,545 complaints in 2009, or 21 per cent more than in 2008. The Committee observes that 48.5 per cent of the complaints relate to employment, two-thirds in the private sector and one third in the public sector (75 per cent concern career prospects and 25 per cent are related to recruitment). It observes in this respect that employment is one of the three priorities of the HALDE, which since its establishment in 2005 has been engaged in this field in actions to prevent and combat discrimination, as well as activities for the promotion of equality. Among these initiatives, the Committee notes the conclusion in 2009 and 2010 of partnership agreements between HALDE and the general judicial authorities of several large cities with a view to harmonizing their action to combat discrimination and achieve greater efficiency in the treatment of complaints. Finally, the Committee notes the Bill respecting the Rights Ombudsperson, which envisages the integration of the HALDE, alongside the Office of the Ombudsperson for children, the Mediator of the Republic and the National Commission on Ethics and Security in a single institution, namely the Office of the Rights Ombudsperson.

The Committee hopes that the Government will ensure that the Office of the Rights Ombudsperson, of which the mandate is much broader than that of the HALDE, has available the necessary means and resources, in both human and material terms, so that it can respond to the increasing number of complaints alleging discrimination in relation to employment, undertake awareness-raising and research activities, make recommendations to the authorities and promote occupational equality among the actors concerned. The Committee requests the Government to provide information on the definitive responsibilities and means made available to the Office of the Rights Ombudsperson to combat discrimination in employment and to promote equality in employment and occupation.