Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - New Caledonia

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indications emphasizing that competence for the negotiation and ratification of international treaties and agreements lies with the President of the French Republic and its Parliament, in accordance with articles 52 et seq. of the Constitution of 4 October 1958. The Committee notes, however, that tripartite consultations have been held in the Labour Advisory Commission (CCT) on the implementation of 17 international labour Conventions ratified by France and that New Caledonia has sent reports through the competent State bodies. The Committee also notes the Government’s indication that CTC meetings were held on 11 September 2017 and 5 September 2018 and that the Government has provided the minutes of these tripartite meetings. The Government has also provided the Committee with a list of all CTC meetings and their agendas since its last report in 2016. The Committee notes that these meetings have been held on a very regular basis. The Committee requests the Government to continue providing information on the tripartite consultations to promote the implementation of international labour standards, and particularly on the content and outcome of consultations on issues relating to international labour standards as envisaged by Article 5(1) of the Convention. With regard to changes in law and practice affecting the application of the Convention, the Committee notes the adoption of the Act of 2 October 2018 on governance in relation to employment, labour market inclusion, vocational training and guidance, as well as the decision of 15 November 2018 and the Order of 12 March 2019 establishing the number of members and appointing the members of the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP). The Government indicates in this regard that two new inter-institutional bodies have been created, namely the Conference of Executives, a policy-making guidance body, and the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP), a technical advisory body comprising the most representative workers’ and employers’ organizations. The Government indicates that, as part of the implementation of this new governance system, the responsibilities of the Labour Advisory Commission (CCT) are limited to examining the annual results of the elections of employee representatives, setting the guaranteed minimum wage and extending sectoral agreements. The Committee requests the Government to provide detailed information on the respective roles and responsibilities of the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP) and the Labour Advisory Commission (CCT) with regard to the implementation of the Convention, particularly Articles 2 and 5.