Texts of pending comments

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comments, the Committee asked the Government to keep the Office informed of any developments relating to the revision of the Public Procurement Code, especially concerning the revision of section 42(3) of the Code. The Committee notes the entry into force on 1 January 2018 of the new legal corpus which marks the completion of the reform of the regulations relating to public procurement in French Polynesia, in particular Order No. 1455 CM of 24 August 2017 and Act No. 2017-14 of 13 July 2017 issuing the Public Procurement Code of French Polynesia. It also notes the information provided by the Government concerning the modifications made in the legal provisions or practice applicable to public procurement. The Government indicates in its report that the new Public Procurement Code sets out the rules relating to the drawing up, award and execution of public contracts for French Polynesia and for the communes and their subdivisions (public establishments and groupings). As regards the revision of section 42(3) of the Public Procurement Code, the Committee notes the Government’s indication that this section has been repealed at the national level. However, regarding the effective application of the fundamental requirements of the Convention, consisting of the inclusion of labour clauses of the type stipulated in Article 2 of the Convention, the Government indicates that the provisions of the new Public Procurement Code of French Polynesia oblige public purchasers to ensure that co-contractors of the administration respect their obligations with regard to the labour regulations prior to the award of the contract and during its execution. The Government also refers to Annexes 1 and 2 of the new Code which define the general terms and conditions of contract (CCAG) establishing administrative provisions applicable to public contracts. The Committee notes that these cannot deviate from mandatory provisions such as the labour legislation applicable to any public or private contract (section 6 of Order No. 1455 CM of 24 August 2017 – Public Procurement Code of French Polynesia). However, the Committee notes that the new legislation governing public procurement does not contain any provision requiring the inclusion of labour clauses in public contracts, as provided for by Article 2(1) and (2) of the Convention. In this regard, the Committee draws the Government’s attention to the 2008 General Survey on labour clauses in public contracts and to the 2008 practical guide relating to the present Convention and the Labour Clauses (Public Contracts) Recommendation, 1949 (No. 84), which put forward guidance and examples to follow to ensure that the application of the national legislation is in conformity with the provisions of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may be applied through administrative instructions or circulars, the Committee hopes that the Government will take the opportunity provided by the transposition of the new Public Procurement Code of French Polynesia to bring its national legislation fully into line with the provisions of the Convention, particularly regarding determination of the terms of the labour clauses to be included in the public contracts to which the Convention applies, after consultation of the employers’ and workers’ organizations concerned (Article 2(3)) and the publication of a notice regarding the specifications or any other measure to ensure that persons tendering for contracts are aware of the terms of the clauses (Article 2(4)). The Committee also requests the Government to provide detailed, up-to-date information on any measures taken or contemplated to give full effect to the essential requirements of the Convention, namely the inclusion of labour clauses of the type required by Article 2 of the Convention in public contracts, and to keep the Office informed of all progress made in this regard. The Committee also reminds the Government that, if it wishes, it may avail itself of ILO technical assistance in this regard.

Article 2(1) of the Convention. National policy on nursing services and nursing personnel. In its previous comments, the Committee requested the Government to provide information on any specific measures taken with regard to improving the career prospects of nursing personnel and the quality of nursing care pursuant to its five-year Plan. The Government indicates that several initiatives have been implemented to give effect to the provisions of the Convention, including the Health Planning Blueprint (“schéma d’organisation sanitaire 2016–2021”), adopted in 2016 by decision No. 2016-12 APF of 16 February 2016 approving the Health Planning Blueprint 2016–21. The Government adds that a new training course, for a “University diploma in nursing and primary health care in an island context”, started in May 2017 at the University of French Polynesia. The Committee notes that 27 nurses have benefited from this training since 2016. As regards the distribution of Health Department nurses throughout the archipelagos, the Committee notes that 59 Health Department staff nurses work in the primary health care centres in the Marquesas, Austral and Tuamotu archipelagos, with 13 operating as travelling nurses. As regards preparation for employment, the Government indicates that a new measure for accompanying nurses when taking up their appointments is being introduced progressively to assist new nurses to prepare their entry into the Health Department. New provisions have also been put in place to promote nurses’ career prospects and ensure that State-qualified nurses (IDE) are compensated for overtime hours, and for inconvenient or demanding working hours. The Committee requests the Government to provide information on the impact of the measures taken, particularly regarding the implementation of the Health Planning Blueprint 2016–2021 and the training provided for the “University diploma in nursing and primary health care in an island context”, on improvements in the quality of nursing services and maintaining the attraction of the nursing profession, in particular in rural and distant areas of the country.

Article 7. Occupational safety and health. COVID-19 measures. Noting that the Government has provided no information on the points raised previously by the Committee, in particular on developments concerning the proposals for action formulated as a result of the Polynesian training days on the nature, prevention and management of risks within health structures and on improving the protection of nursing personnel against infectious diseases, including HIV/AIDS, the Committee again requests the Government to provide up-to-date, detailed information on these points. Moreover, considering that in the context of the COVID-19 world pandemic, nursing personnel, often in close contact with patients, runs a high risk of being infected when treating patients where the presence of COVID-19 is suspected or confirmed, especially when precautions taken to prevent infection, including the use of personal protective equipment (PPE), are not strictly applied, the Committee requests the Government to provide information on the safety measures adopted or envisaged, including the provision of vaccines, PPE and training in its use, as well as the organization of adequate pauses in shift work and the limitation of excessive hours to the extent possible, in order to protect the health and well-being of the nursing personnel and to limit their risk of infection as far as possible.

Point V of the report form. Application in practice. With regard to its previous comment, the Committee notes the Government’s indication that the conditions for the right to practise health care and nursing are fixed by Order No. 449CM of 2 April 2009 on acts at work and the exercise of the nursing profession. The Government also indicates that under the scholarship system for students undertaking nursing training at the Mathilde Frébault Training Institute for Health Professionals (IFPS), the successful nursing scholarship laureates commit to serve the administration of the country for a five-year period after graduating, including two years in a hospital or medical centre under the authority of the Health Department and three years in an isolated work station outside Tahiti and Moorea Islands. The Committee notes that in view of the difficulties encountered in the management of this system, the Government has taken steps to simplify the principle of the five-year commitment by scholarship holders. Further measures have been taken to promote expansion of the nursing personnel structure, encourage nurses’ participation in planning nursing services and consult them on decisions affecting them. In this regard, the Committee notes that State-qualified nurses (IDE) are participating in the elaboration of a primary health care establishment project. It also notes the copy of the study on nursing personnel received with the Government’s report, together with the detailed statistical data concerning the distribution of the members of the nursing personnel, in particular between public and private structures. The Committee requests the Government to continue providing information on the application of the Convention in practice, such as the number of persons undertaking training or who graduate from colleges for nursing care each year, the number of men and women nurses working in isolated, rural areas and any other recent information on the application of the Convention in practice.

In order to provide a comprehensive view of the issues concerning the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection (agriculture)) together.

Article 3(1) and (2), and Article 5(a) of Convention No. 81, and Article 6(1) and (3), and Article 12(1) of Convention No. 129. Duties entrusted to labour inspectors in cooperation with other government services to combat illegal employment. Subsequent to its previous comments concerning the role of labour inspectors in combatting irregular employment, the Committee notes the statistical information supplied by the Government in its report, showing that 147 of the 530 inspections conducted in 2017 concerned the declaration of workers. 143 of those 147 inspections included matters other than the declaration of workers and four inspections concerned the declaration of workers exclusively. It notes that 14 administrative penalties were issued for failure to declare a worker prior to employment, with the request that the employers regularize the situation of the workers, but that none of the penalties concerned foreign workers in an irregular situation. It also notes that the three infringement reports submitted to the prosecutor in 2017 concerned cases including irregular employment as well as safety regulation violations. The Committee requests the Government to continue to supply information on the nature of action undertaken by the labour inspectorate to combat irregular employment, specifying the number of cases of workers in an irregular situation who effectively succeed in obtaining their rights, including payment of unpaid wages, social security coverage or the drawing up of an employment contract. Where applicable, the Committee requests the Government to indicate the number of cases that concern migrant workers in an irregular situation.

Articles 5(a), 17, 18 and 21(e) of Convention No. 81 and Article 12(1) and Articles 22, 24 and 27(e) of Convention No. 129. Cooperation between the labour inspection services and the judiciary, and the necessary balance between the prevention and the imposition of penalties. Subsequent to its previous comments, the Committee notes the statistics supplied by the Government, in particular on the number of infringements and the type of penalties imposed. The Committee notes that a total of 2,522 observations were recorded in 2017, as well as 29 official notices to prevent occupational hazards, 18 temporary suspensions of activity following observation of a serious danger, 51 administrative fines and three infringement reports placed before the prosecutor. It notes the Government’s indication that the use of infringement reports was limited to breaches with the most serious consequences and that of the three reports submitted in 2017, two were subsequent to a fatal occupational accident. The Government also states that the 51 administrative fines imposed in 2017 constituted a rapid and effective response.

Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129. Status and conditions of service of labour inspectors. The Committee previously noted the Government’s indication that labour inspectors and controllers are either public servants in the labour inspection service, or public servants or employees of the administration who benefit from employment security. In that connection, the Committee notes the Government’s statement that the employees of the administration have the same guaranteed independence and employment security as do the public servants. It notes that of the eight inspectorate posts, seven are held by three labour inspectors and four by controllers, of whom two are public servants and two employees of the administration. It also notes that the fifth post of controller was to be filled by a public servant recruited by open competition in 2019, and that recruitment of non-public servants would cease. The Committee requests the Government to supply additional information on the conditions of service of labour inspectors, whether they are public servants or not, in particular with regard to wages and career prospects.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual inspection report. Subsequent to its previous comments, the Committee notes with interest the labour inspectorate’s report for 2017, which contains the detailed information on the points listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to continue to send the annual inspection report to the ILO and to provide information on its publication, in conformity with Article 20(1) of Convention No. 81, and Article 26(1) of Convention No. 129.

Articles 1 and 2 of the Convention. Application in practice of the principle of equal remuneration for men and women. Measures to combat the underlying causes of the wage gap. In its previous comment, the Committee urged the Government to take the necessary steps to promote access for girls and women to education and vocational training in branches enabling access to skilled and better paid jobs, to combat social stereotypes of certain types of work as being more suitable for men than women and traditional stereotypes regarding the role of women in society, and to establish mechanisms to allow both women and men to achieve a better work–life balance. It also requested the Government to continue sending statistical information on the distribution of men and women in the various sectors of activity and on their respective wages. The Committee notes that the statistical data provided by the Government on the distribution of men and women by sector of activity as well as on average full-time equivalent wages by sex and sector of activity (by year) indicate that: (1) occupational segregation persists; women, who made up 45.4 per cent of all employees in 2017, were under-represented in certain sectors (7.7 per cent of employees in the construction sector and 24.8 per cent in industry), but 73.5 per cent of employees in the health and social services sector and 65.6 per cent in the financial activities and insurance sector; (2) the overall wage gap between men and women in 2017 was 3.7 per cent, a decrease of one percentage point from 2014; and (3) in the above-mentioned sectors that predominantly employ women, the wage gap in 2017 was 30.1 per cent in the health and social services sector (32.3 per cent in 2014) and 24.1 per cent in the financial activities and insurance sector (23.8 per cent in 2014). The Committee also notes the Government’s statements that women have more formal qualifications than men, but work less and occupy less influential positions. However, women are more often found in trades that were previously practised only by men. The Government recognizes that it lacks the objective data and in-depth studies to inform public strategies relating to gender equality. Beginning in 2019, it plans to work on: (1) a training initiative for the heads of public departments and institutions; (2) the development of an indicators framework harmonized with that of the Pacific countries and territories; (3) the collection and formalization of gender-disaggregated analyses; (4) the adoption of a decision requiring all sectors to produce gender-specific data; and (5) the creation of an equality observatory for centralizing and disseminating statistical and qualitative data. The Committee requests the Government to continue providing information, including statistical information, on the distribution of women and men in the various sectors of activity and on their respective wages. It also requests the Government to provide information on the implementation of all the measures planned for 2019 referred to above. Lastly, it once again requests the Government to provide information on any other measures to promote access for girls and women to education and vocational training in branches where they are under-represented, combat traditional stereotypes regarding the role of women in society and establish mechanisms enabling both women and men to achieve a better work–life balance.

Article 3. Objective job evaluation. The Committee previously requested the Government to indicate the measures adopted to promote the use of objective job evaluation methods. Noting that the Government reiterates the information provided in its previous report, the Committee is bound to once again draw the Government’s attention to the difference between performance appraisal, which aims to evaluate the way in which a worker performs his or her duties, and objective job evaluation, which seeks to measure the relative value of jobs with varying content on the basis of the tasks to be accomplished. Objective job evaluation is concerned with evaluating the job, not the individual worker. Although the Convention does not determine any particular method for undertaking such an evaluation, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as the skills required to accomplish the tasks concerned, the effort involved, and the responsibilities and working conditions in the post or job in question (2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee once again requests the Government to indicate the measures adopted to promote, especially for the social partners, the use of objective job evaluation methods, as provided for in Article 3 of the Convention, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising job or post classifications and consequently in pay scales.

Enforcement. The Committee notes that the Government has once again indicated that pay disparities have not been reported to the labour inspectorate nor recorded by labour controllers, and that there are no disputes in this respect. In view of the statistical data indicating the persistence of a gender wage gap, the Committee once again encourages the Government to conduct awareness-raising activities for labour inspectors on this subject. It requests the Government to provide information on any prevention or enforcement measures adopted by the labour inspectorate to promote and enforce the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to send extracts of inspection reports recording any pay disparities and copies of any court decisions relating to this issue.

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.

Article 1 of the Convention. Protection against discrimination. Private sector. Legislative developments. The Committee previously requested the Government to provide information on any measures taken to include “social origin” in the list of grounds of discrimination prohibited by the Labour Code of French Polynesia so as to cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, and to indicate the measures adopted to ensure that workers are protected in practice against discrimination based on this ground. In order to extend workers’ protection against discrimination and align it with the anti-discrimination provisions applicable in metropolitan France, the Committee also invited the Government to examine the possibility of adding “place of residence” and “particular vulnerability resulting from the economic situation [of the person] which is apparent to or known by the person committing the discrimination” to the list of grounds of discrimination prohibited by the Labour Code of French Polynesia. The Committee notes with satisfaction that Territorial Act No. 2019-28 of 26 August 2019 has amended section Lp. 1121-1 of the Labour Code by adding the phrase “including social origin” after the ground “origin”. With regard to place of residence, the Government indicates that section 18 of amended Basic Act No. 2004-192 of 27 February 2004 on the Statute of Autonomy of French Polynesia, provides that “French Polynesia may adopt measures favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person who is married, cohabiting or in a civil union with the latter […]”. The Government emphasizes its willingness to implement these provisions by submitting a territorial bill in the near future. The Committee requests the Government to provide information on the status of the territorial bill implementing section 18 of Basic Act No. 2004-192 and its impact on protection from discrimination based on “place of residence”. Lastly, in view of the absence of response on this point and in order to extend workers’ protection against discrimination and align it with the anti-discrimination provisions applicable in metropolitan France, the Committee once again invites the Government to examine the possibility of adding particular vulnerability resulting from the economic situation of the person apparent to or known by the person committing the discrimination to the list of grounds of discrimination prohibited by the Labour Code of French Polynesia, and requests that the Government provide information on any measures adopted in this regard.

Public sector. The Committee previously requested the Government to provide information on any steps taken to include “social origin” in the list of grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia and to indicate the measures adopted to ensure that public officials are protected in practice against discrimination based on social origin. It also invited the Government to examine the possibility of adding “family situation” to the list of grounds of discrimination prohibited by this section. In addition, it requested the Government to indicate the reasons why, in French Polynesia, the list of grounds of discrimination prohibited in the public service is more limited than the list applicable in the private sector and invited the Government to harmonize the protection of public officials and workers in the private sector against discrimination in employment and occupation. With regard to social origin, the Committee notes the Government’s indication that section 5 of the General Public Service Regulations of French Polynesia prohibits discrimination based on “origin”, which necessarily includes “social origin”. The Government also indicates that, in practice, because the rights and obligations of public officials are established through regulations, they are of a general and impersonal nature and therefore identical for all public officials in the same employment category, both at the time of their entry into employment (via competitive examination) and throughout their career. In this regard, the Committee recalls that social origin is one of the seven prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention and that, when legal provisions are adopted to give effect to the principle of the Convention, they must include as a minimum all the grounds of discrimination enumerated in this Article. It also recalls that: (1) as it noted in the 2012 General Survey on the fundamental Conventions (paragraphs 802–804), in some countries, persons from certain geographic areas or socially disadvantaged segments of the population (other than persons from ethnic minority groups) face exclusions with respect to recruitment, without any consideration of their individual merits; and (2) given the persistent patterns of discrimination on the grounds set out in the Convention, in most cases there is a need for a comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention (see 2012 General Survey, paragraph 854). Indications of rising social inequalities in some countries have highlighted the continuing relevance of addressing discrimination based on class and socio-occupational categories. In this respect, the Committee recalls that discrimination and lack of equal opportunity based on social origin refers to situations in which an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs. Lastly, the Committee notes that, as indicated in the previous paragraph, the Labour Code of French Polynesia was amended in 2019 to state that the term “origin” included “social origin”.

With regard to “family situation”, the Government states that it is not formally opposed to adding this to the list of grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia if it were necessary to do so. However, referring to the Committee’s 1996 General Survey on equality in employment and occupation, it notes that the prohibition of discrimination on the ground of sex, provided for in section 5, paragraph 1, of the Regulations, also includes discrimination based on family situation. Lastly, the Committee welcomes the Government’s statement that it is not opposed to reviewing the list of prohibited grounds of discrimination established in section 5 of the General Public Service Regulations, based on the grounds provided for in the Labour Code of French Polynesia. The Committee requests the Government to indicate the steps taken to review the list of prohibited grounds of discrimination established in section 5 of the General Public Service Regulations of French Polynesia with a view to harmonizing its content with the list of grounds enumerated in the Labour Code, including with respect to “social origin”.

Sexual harassment and “moral” harassment. Private and public sectors. In its previous comment, the Committee requested the Government to provide information on the application in practice of the relevant provisions of the Labour Code and the General Public Service Regulations of French Polynesia on sexual or “moral” harassment. It notes the information provided by the Government.

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

Articles 7, 8 and 9 of the Convention. Professional experience required. In its previous comments, noting the Government’s indication that a comprehensive reform of the rules concerning the qualifications required for exercising command of fishing vessels was being undertaken by the Polynesian Directorate of Maritime Affairs, the Committee requested the Government to ensure that all the provisions of the Convention, including with regard to professional experience required for competency certificates, would be fully implemented in the context of the planned reform. The Committee notes that, in its report, the Government refers to the adoption of Order No. 301 CM of 24 February 2014 on maritime vocational training on fishing and the issuance of certificates necessary for working on board fishing vessels in French Polynesia. The Government also indicates that the Order is supplemented by regulatory provisions specific to each position (seafarer, skipper and master). The Government adds that the new system, which is still being implemented, takes into account the requirements of the Convention by incorporating: (i) the voluntary and gradual application of the training standards set out in the Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F), although this Convention has not yet been ratified by France; (ii) the establishment of training and examination standards for maritime vocational training certificates for fishing by incorporating, on a voluntary basis, modules of the STCW-F, particularly in relation to safety; (iii) the implementation of a prior accreditation process for any training institution providing maritime vocational training; (iv) the requirement to hold a maritime vocational training certificate in order to join a fishing vessel, taking into account the work performed; (v) the requirement to demonstrate a minimum of professional experience for the issue of each certificate; (vi) a mandatory minimum age for the issue of a certificate; and (vii) the recognition of professional experience through an equivalence table. The Committee notes this information with interest and requests the Government to provide information on the final stages of the implementation of this new mechanism.

Comments adopted by the CEACR: French Polynesia

Adopted by the CEACR in 2022

C094 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C149 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C125 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)