Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - French Southern and Antarctic Territories

1. The Committee notes the Government's report supplying a copy of the Act on transport of 26 February 1996 as well as the explanation that, following the 1995 decision of the Conseil d'Etat, the 1987 Order on the registration of vessels in these Territories is nullified. It also notes the information supplied by the Government representative to the Conference Committee in 1996, as well as the comments of the National Federation of Maritime Trade Unions (FNSM), dated 10 January 1996, and of the French Democratic Confederation of Labour (CFDT), dated 9 October 1996, which recall their previous comments concerning the non-application of certain Conventions, including Convention No. 111, to French vessels registered in these Territories. It has emerged from past discussions that the difference in salary levels was based on the origin of the seafarers on board such ships.

2. In this respect, the Committee notes that the Government recognizes the existence of different wage levels between French seafarers and those from certain other countries. The Government specifies that, on the one hand, these gaps are due to the different levels of hierarchy, contractual obligations and responsibilities and, on the other hand, that the wages integrate the standard of living in the countries where the crew reside. The Committee recalls that section 91 of the Overseas Labour Code provides for equal remuneration irrespective of, inter alia, the worker's "origin". The Committee notes also the Government's statement during the discussion in the Conference that this drafting was very close to the wording of Convention No. 111. The Committee accordingly requests the Government to indicate whether the term "origin" is understood to refer exclusively to nationality, or whether it covers other concepts as well. Please indicate in particular the countries of residence of those seafarers who receive lower wages than French seafarers in this connection.

3. In the absence of a reply to its previous direct requests concerning how the principle of the Convention is applied to workers who are excluded from the scope of the Overseas Labour Code (in particular, permanent public servants employed in the TAAF administration), the Committee would appreciate receiving from the Government copies of any relevant legislative texts and regulations.