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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - French Polynesia

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

Article 1 of the Convention. Discrimination on grounds other than sex. The Committee notes that territorial Act No. 2009-8 LP/APF on the protection of local employment in the private sector and territorial Act No. 2009-7 LP/APF adopting measures to give effect in the public service of French Polynesia to the provisions of section 18 of Basic Act No. 2004-192 of 27 February 2004 establishing the autonomous status of French Polynesia, to which the Government refers in its report, were found illegal by the Council of State on 25 November 2009. The two Acts were intended to promote access to professional activities and sectors in the private sector, the list of which would have been determined by order, as well as access to the public service by persons who have been resident for five years or persons who have been married to, cohabited with or entered into a civil solidarity pact for two years with such persons. The Committee requests the Government to indicate whether it envisages adopting new legislation to promote local employment. If so, it invites it to remain vigilant and follow closely the impact of such a measure on the labour market with a view to ensuring that it does not have a discriminatory effect and that it covers all of its beneficiaries, without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.

Sexual harassment. With regard to sexual harassment, the Government’s report indicates that only the metropolitan Act, in its version prior to Act No. 2002-73 of 17 January 2002, remains in force in French Polynesia, despite the request made by the Government of Polynesia. It adds that the territorial Bill on occupational health contains provisions prohibiting acts of sexual harassment. The Committee notes that territorial Act No. 2010-10 of 19 July 2010 on occupational health has been adopted in the meantime and observes that it does not contain any provisions relating to sexual harassment. The Committee therefore requests the Government to indicate the manner in which workers are afforded protection against sexual harassment in French Polynesia and to indicate whether it is planned to include provisions on this matter in the labour legislation. The Government is also requested to provide information on any specific measures adopted, such as awareness-raising campaigns, with a view to preventing and eliminating this discriminatory practice, as well as on cases of sexual harassment which have come to the knowledge of the competent authorities and any action taken as a result.

Promotion of equal opportunities for men and women. The Committee notes that, according to the statistics provided by the Government, women, particularly those under 25 years of age, are more affected by unemployment than men and that they only account for around 30 per cent of managerial staff in enterprises, the public service and the liberal professions, and 24.4 per cent of heads of enterprises with over ten employees. The Committee notes the information provided by the Government to the effect that there has been dialogue between administrative services and associations on the issue of discrimination between men and women, including on equal remuneration, but that beyond the events and reflection accompanying International Women’s Day, no tangible action has been taken. With reference to its previous comments, in which it emphasized the importance of adopting proactive measures favouring women’s employment, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to promote the access of women to employment, and particularly to positions of responsibility, in both the private sector and the public service. The Government is also asked to continue providing information on developments in the situation of women on the labour market.

Promotion of equality of opportunity and treatment without distinction on the grounds other than sex enumerated in Article 1(1)(a). The Committee would be grateful if the Government would provide information on any tangible measures adopted with a view to the effective promotion of equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds other than sex enumerated in Article 1(1)(a) of the Convention.

Promotion of equality of opportunity for persons with disabilities. Noting the adoption of territorial Act No. 2009-11 of 7 July 2009 amending various provisions on the vocational integration of persons recognized as being workers with disabilities, the Committee requests the Government to provide information on the impact of these new provisions on the employment of persons with disabilities, and to provide any available statistical data on this subject.

Enforcement. The Committee notes the information on the activities of the labour inspectorate and notes that, according to the Government, it is not possible to provide reliable figures as cases of discrimination are not followed up in detail. The Committee recalls that the analysis of data on discrimination is important in designing and measuring the impact of measures intended to prevent and combat discrimination effectively. The Committee therefore hopes that the Government will soon be in a position to provide specific information on the cases of discrimination reported by labour inspectors.