In order to provide a comprehensive overview of the issues relating to the application of the ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 37 (invalidity insurance, industry), 38 (invalidity insurance, agriculture), 42 (occupational diseases) and 44 (unemployment provision) together in a single comment.

Article 9(1)(a) of Conventions Nos 37 and 38. Disqualification from entitlement to benefits. For many years, the Committee has been indicating to the Government that section 34(1) of Resolution No. 74-22 of 14 February 1974, which provides for the possibility of the disqualification of an insured person from entitlement to benefits in the event that the invalidity is the result of inexcusable misconduct, exceeds the cases of disqualification set out in Article 9(1)(a) of the Conventions. Article 9(1)(a) of the Conventions provides that the right to benefits may only be forfeited or suspended in whole or in part if the person concerned has brought about the invalidity by a criminal offence or wilful misconduct.

In its report, the Government indicates that the Social Welfare Fund has been informed of the Committee’s comments. The Committee notes with concern that section 34(1) of Resolution No. 74-22 of 14 February 1974 has not been amended. The Committee therefore urges the Government to take all the necessary measures without delay to amend section 34(1) of Resolution No. 74-22 of 14 February 1974 in order to bring it into conformity with Article 9(1)(a) of the Conventions.

Article 2 of Convention No. 42. Diseases considered to be occupational diseases. For many years, the Committee has been drawing the Government’s attention to the need to update the schedules of occupational diseases established by Decree No. 925 CM of 8 July 2011 to ensure full compliance with Article 2 of the Convention. The Committee notes the Government’s indication that the procedure for the revision of the schedules is under consideration. In this regard, the Committee recalls that, in order to ensure full compliance with Article 2 of the Convention, the Government needs to adopt measures to: (a) ensure that the diseases and types of poisoning listed in the schedule in Article 2 of the Convention are not limited by the symptoms and pathological manifestations appearing in the left-hand column of the schedules contained in Decree No. 925 CM of 8 July 2011; (b) consider as occupational diseases those resulting from poisoning by all the halogen derivatives of hydrocarbons of the aliphatic series (Schedule No. 12); and (c) include among the types of work likely to cause primary epitheliomatous cancer of the skin any processes involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances (Schedules Nos 16bis and 36bis).

The Committee notes with concern that the amendment of the schedules of occupational diseases contained in Decree No. 925 of 8 July 2011 is a longstanding issue. The Committee urges the Government to take all the necessary measures without delay to ensure that the national legislation is in full conformity with Article 2 of the Convention.

Article 1(1) of Convention No. 44. Establishment and implementation of a system of unemployment protection. For many years, the Committee has been drawing the Government’s attention to the need to establish a system of protection against involuntary unemployment with a view to giving effect to Article 1(1) of the Convention. In this regard, the Committee notes that, under the terms of clause 4 of the agreement to bring an end to the dispute concluded by the unions and the President of French Polynesia on 29 November 2021, the Government undertook to establish on 1 January 2023 an assistance fund for employed persons who have involuntarily lost their employment. The Committee expresses the firm hope that the Government will continue to adopt the necessary measures to establish and maintain an unemployment protection scheme which provides persons who are involuntarily unemployed with a benefit or an allowance, or a combination of a benefit and an allowance, as envisaged in Article 1(1) of the Convention. The Committee requests the Government to provide information on the progress made in the establishment of the assistance fund for workers who have involuntarily lost their employment.

The Committee has been informed that, on the basis of the recommendations of the Tripartite Working Group of the Standards Review Mechanism (the SRM Tripartite Working Group), the Governing Body has decided that Member States that are currently bound by Conventions Nos 37 and 38 should be encouraged to ratify the most recent instruments, namely the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and accept the obligations of Part II, or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting Part IX (see GB.328/LILS/2/1). Moreover, Member States currently bound by Convention No. 42 should be encouraged to ratify the Employment Injury Benefits Convention [Schedule I amended in 1980], 1964 (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI. Finally, Member States which are currently bound by Convention No. 44 should be encouraged to ratify the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part IV. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider the ratification of Conventions Nos 102 (Parts IV, VI and IX) or 121, 128 (Part II) and 168, which are the most up-to-date instruments in this field.

The Committee is raising other matters in a request addressed directly to the Government.