Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 1(1)(b) of the Convention. Additional grounds of discrimination. Noting that the Labour Code applicable in metropolitan France (section L1132 1) prohibits discrimination on the basis of origin, sex, lifestyle, sexual orientation or identity, age, family situation or pregnancy, genetic characteristics, actual or supposed membership or non-membership of an ethnic group, nation or race, political opinions, activities in trade unions or mutual benefit associations, religious beliefs, physical appearance, family name, state of health or disability, the Committee requests the Government to indicate whether it is planned to extend the list of prohibited grounds of discrimination to New Caledonia and if so, to align it to the list of grounds of discrimination which are prohibited in metropolitan France.

Discrimination on grounds of sex. Sexual harassment. The Committee notes that, according to the information provided by the Government, the territorial Bill on labour relations and the prohibition of moral and sexual harassment at work, which amends the Labour Code, has been submitted to the officers of the Congress of New Caledonia and that the text is ready to be submitted for approval by the members of the Congress. The Committee would however like to draw the Government’s attention to the fact that the definition of sexual harassment proposed in the Bill only covers one of the forms of sexual harassment, namely quid pro quo harassment, but omits acts that have the effect of creating an intimidating, hostile or humiliating work environment. The Committee therefore requests the Government to take the necessary measures to ensure that the territorial Bill on labour relations and the prohibition of moral and sexual harassment at work not only covers quid pro quo, but also hostile environment sexual harassment, and requests it to provide information on the progress made in the adoption of the Bill and the implementing regulations and provide a copy of these texts when they have been adopted. Noting the initiatives taken by the Government of New Caledonia to organize awareness-raising campaigns for workers, employers and their organizations, the Committee encourages the Government to intensify its efforts in this respect and, in particular, to take measures to improve knowledge of the legislation prohibiting and punishing sexual harassment in employment and occupation and the means of redress available to workers to assert their rights.

Article 2 of the Convention. Equality of opportunity and treatment for men and women. The Committee notes that the Government’s report does not contain a reply to its previous comment and that the study by the Employment, Skills, Wages and Training Observatory of the Skills Development Institute of New Caledonia (August 2009), to which it refers, was not attached to its report. The Committee once again asks the Government to provide information on the measures adopted or envisaged to encourage the access of women to managerial posts in the public sector, and their impact. It also requests it once again to provide labour market statistics disaggregated by sex, economic sectors and different levels of responsibility, and to attach a copy of the 2009 study referred to above.

Equality policy. The Committee notes that the Government’s report does not contain information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation, including with regard to access to education, training and vocational guidance with a view to eliminating any discrimination on the grounds, other than sex, enumerated in Article 1(1)(a) of the Convention, particularly race, colour and national extraction, in the public and private sectors. The Committee draws attention to Article 2 of the Convention, providing that each Member which ratifies the Convention undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee requests the Government to provide information on the legislative, administrative and practical measures envisaged or adopted, and on the policies and programmes envisaged or adopted with a view to preventing discrimination, remedying de facto inequalities and promoting effectively equality in employment and occupation.

Enforcement. Labour inspection. The Government indicates that no violations of sections Lp. 112-1 and Lp. 622-1 of the Labour Code (prohibiting discrimination) have been reported by the officials responsible for supervising the application of the legislation (labour inspectors and controllers). While noting this information, the Committee requests the Government to provide information on any measure adopted or envisaged to reinforce the means and training of labour inspectors and controllers so that they are better able to identify and remedy cases of discrimination. It once again requests the Government to provide information on the activities undertaken by labour inspectors and controllers with a view to preventing and combating discrimination in employment and occupation.