Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 2. Promotion of equality of opportunity and treatment for men and women. In view of the persistence of occupational gender segregation and its consequences for women’s employment, the Committee previously requested the Government to: (1) adopt the measures necessary to combat such segregation; (2) adopt measures to ensure that the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives, is complied with by employers; and (3) provide updated information on the situation of men and women with respect to employment in the public and private sectors. The Committee notes the Government’s statement that the obligation to produce an annual report is still not complied with by all employers and that, within the framework of the revision of the Labour Code, the Government will submit proposals to the social partners in this respect and recall the obligation in question. It also notes the information provided in the extract of the 2017 report of the President of French Polynesia on the territory’s human resources, sent by the Government, which includes the following points: (1) women make up more than 60 per cent of non-certified public officials, while men comprise a slight majority (52 per cent) of certified public officials; (2) women are over-represented in the social services and education (80 per cent), the health sector (72 per cent) and the administrative and financial sectors (72 per cent), but only make up 21 per cent of the technical sector; (3) within the French Polynesian government and administrative public bodies (EPAs), women occupy only 41 and 31 per cent of managerial posts, respectively; and (4) more than 63 per cent of successful candidates for recruitment competitions are women, and they make up the majority of vocational examination candidates in the social services, sport and culture (92 per cent), health (88 per cent) and administration and finance (75 per cent) branches, while men make up 73 per cent of vocational examination candidates in the technical branch. The Committee therefore notes that occupational gender segregation persists and that the Government has not clarified the measures adopted or envisaged to combat this issue and facilitate access for women to a wider range of jobs and occupations, and particularly to positions of responsibility. The Committee once again requests the Government to take the necessary steps without delay, in cooperation with the social partners, to combat occupational gender segregation and facilitate access for women to a wider range of jobs and occupations, and particularly to positions of responsibility, in both the public and private sectors. It also requests the Government to provide information on the measures adopted, including within the framework of the revision of the Labour Code, to ensure that the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives, is complied with by employers (section Lp. 2433-17 and Lp. 2433-18 of the Labour Code of French Polynesia). Lastly, the Committee requests the Government to continue providing information, including statistical data, on the situation of women and men in employment in the public and private sectors.

Promotion of equality of opportunity and treatment without any discrimination on grounds other than sex. In response to the Committee’s request to provide information on any steps taken to formulate and adopt a policy to promote equality of opportunity and treatment without any distinction, encompassing not only legislative or administrative measures but also public policies or programmes of action, or the establishment of equality and non-discrimination specialized bodies, in accordance with Article 2 of the Convention, the Government indicates that the formulation of such a policy among its priorities. The Committee requests the Government to provide information on any steps taken to adopt a policy to promote equality of opportunity and treatment, including public policies or programmes of action, or the establishment of equality and non-discrimination specialized bodies.

Article 5. Promotion of equal opportunities for persons with disabilities. The Committee previously requested the Government to provide information on the objectives and implementation of the legislative amendments set forth in Territorial Act No. 2016-9 of 14 March 2016, and on the reasons for the decrease in the sanctions imposed on enterprises for non-compliance with the obligation to employ workers with disabilities, as well as in the number of employed persons with disabilities since 2011. The Committee notes the Government’s statement that Territorial Act No. 2018-01 of 4 January 2018 extended the obligation to employ persons with disabilities, which has existed since 2007 in the private sector for all entities employing at least 25 persons, to include all public services and EPAs. An annual report on the situation of employment of persons with disabilities in the French Polynesian public services and EPAs must be sent to the Disabilities Council. The Committee notes that the employment quota for persons with disabilities applicable to the Polynesian public services has been set at 1 per cent of the total number of public servants for 2018, 1.5 per cent for 2019 and 2 per cent for 2020. It recalls that a 4 per cent quota is applicable in the private sector, but that a temporary derogation prolonged multiple times has decreased this quota to 2 per cent. The Committee also notes that, according to the annual statement on the employment of workers with disabilities, provided by the Government in its report, only 55 per cent of the public enterprises and 70 per cent of the private enterprises subject to the employment obligation that were inspected between 2014 and 2017 had fulfilled their obligation (the provisional figures for 2017 are 25 and 34 per cent, respectively). The Committee requests the Government to continue providing information, including statistical data, on the employment of persons with disabilities in the public and private sectors. It requests the Government to: (i) indicate the impact of Territorial Acts No. 2016-9 of 14 March 2016 and No. 2018-01 of 4 January 2018 and the number of violations recorded and penalties imposed, and (ii) send a copy of the last report on the situation of employment of persons with disabilities in the French Polynesian public services and EPAs submitted to the Disabilities Council. It also requests the Government to provide information on any measures adopted or envisaged to promote the integration of persons with disabilities in the labour market.

Positive measures in favour of local employment. The Committee previously invited the Government to provide information on the measures adopted with the aim of favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person having a sufficient length of marriage, cohabitation or civil union with a person in the former category, as provided for in section 18 of Basic Law No. 2004-192 of 27 February 2004. The Committee notes the Government’s statement that following an unfavourable opinion issued by the Economic, Social and Cultural Council in March 2016 on a bill related to this matter, a bill for the protection of local employment is now in the drafting process. In this regard, the Committee draws the Government’s attention to the necessary balance between the promotion of local employment and compliance with the principle of non-discrimination in employment and occupation. As in its previous comments, the Committee invites the Government to remain vigilant and to ensure that such a mechanism will not have a discriminatory effect on the labour market and will apply to all beneficiaries without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. It requests the Government to provide information on any legislative or regulatory developments in this regard.

Enforcement. In response to the Committee’s previous request, the Government indicates that in order to strengthen its enforcement capacity, the labour inspectorate of French Polynesia comprises three labour inspectors and six labour controllers. It adds that there have been no legal proceedings relating to discrimination and equality in employment and occupation. The Committee requests the Government to provide detailed information on the number of inspections and controls carried out, their results and any penalties imposed. It also requests the Government to provide information on any judicial or administrative decisions relating to discrimination or equality in employment and occupation.