Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Grounds of discrimination. Protection against discrimination. Private sector. The Committee notes that in response to its request to extend workers’ protection against discrimination by adding the grounds of particular vulnerability resulting from the economic situation of the person apparent to or known by the person committing the discrimination and, more generally, aligning with the anti-discrimination provisions applicable in metropolitan France, the Government indicates in its report that an amendment to include a grounds of discrimination could be put forward during a reform of the Labour Code of French Polynesia. Accordingly, for the reasons set out above, the Committee invites the Government to take steps to add “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.

Articles 1 and 5. Protection against discrimination. Measures to promote and protect local employment. Legislation. The Committee recalls that section 18 of amended Basic Act No. 2004-192 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 Committee notes in this regard the adoption of territorial Act No. 2019-30 of 5 November 2019 concerning the promotion and protection of local employment, which amends the Labour Code of French Polynesia, and territorial Act No. 2020-14 of 3 June 2020 amending clauses 62 to 69 of section LP.1 of the adopted text No. 2019-19 LP/APF of 8 July 2019 of the territorial Act concerning the promotion and protection of local employment. It also notes that under territorial Act No. 2019-30, the local employment protection measures establish priority in recruitment, subject to equal conditions of qualifications and professional experience, for persons able to prove a sufficient period of residence (3, 5 or 10 years), in occupations in a sector of activity identified as a sector requiring specific protection. The Committee once again 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 and invites the Government, as in its previous comments, to remain vigilant and to ensure that this mechanism for the promotion of local employment 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 the functioning of this mechanism, including statistics on the jobs concerned and the number of beneficiaries.

Article 2. Promotion of equality of opportunity and treatment for men and women. The Committee recalls that it has for several years highlighted persistent occupational gender segregation in the public and private sectors. Regarding public employment, the Committee notes the detailed information provided by the Government on women’s employment in the administration contained in the 2021 report of the President of French Polynesia. It notes the following from that data: (1) the feminization of the staff of the administration has been a constant for the past ten years (44 per cent of women in 2009 against 51.5 per cent in 2021); (2) certain branches, such as the social, educational, sporting and cultural branch, the health branch as well as the administrative and financial branch, are highly feminized; and: (3) in 2021, 70 per cent of public officials benefitting from training were women. The Committee observes that the Government’s report contains no information on the situation of women and men in employment and occupation in the private sector. However, it notes from the 2022 Employment Survey of the Statistical institution of French Polynesia that: (1) the employment rate of women aged between 16 and 64 years is 12.9 points lower than that of men; and: (2) women represent 43.8 per cent of the occupied population and 42.8 per cent of managers. The Committee is obliged to reiterate its request to the Government to take the necessary steps, in cooperation with the employers’ and workers’ organizations, to combat occupational gender segregation and facilitate the access of women to a wider range of jobs and occupations, particularly by combatting gender stereotypes and establishing mechanisms enabling women and men to achieve a better work life balance. It again requests the Government to provide information on the measures taken to ensure that employers comply with 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 (section Lp. 2433-17 and Lp. 2433-18 of the Labour Code of French Polynesia). Finally, the Committee requests the Government to provide information, including statistical data disaggregated by sex and if possible, by occupational category in the public and private sectors.

Promotion of equality of opportunity and treatment without any discrimination on grounds other than sex. The Committee notes that the report contains no information on this point and again requests the Government to provide information on any steps taken to adopt a policy to promote equality of opportunity and treatment without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin, including the implementation of public policies or action programmes, or the establishment of specialized equality and non-discrimination organs.

Promotion of equal opportunities for persons with disabilities. The Committee is pleased to note the formulation of a strategy to promote recruitment of workers with disabilities in the public administration aimed at ensuring training and skills-updating for persons with disabilities to enable them to obtain posts in the administration and raise the awareness of all public servants on matters related to disabilities. It notes that, according to the Government, as at 31 December 2021, 103 persons recognized as workers with disabilities had integrated the staff of the administration, that is 1.48 per cent of public servants – a level below the minimum required of 2 per cent. In light of the above, the Committee requests the Government to provide information on the measures taken to actively promote employment of workers with disabilities and attain at least the level of 2 per cent established by law both in the public sector, in particular under the new strategy, and in the private sector. It again requests the Government to provide information on any violations recorded and penalties imposed under territorial Acts No. 2016-9 of 14 March 2016 and No. 2018-01 of 4 January 2018.

Awareness-raising and enforcement. The Committee notes the Government’s indication that there have been very few legal proceedings and no administrative decisions relating to discrimination in employment and occupation. It nonetheless wishes to emphasize in this regard that the low number of violations or of complaints registered does not imply that discrimination in employment and occupation does not exist in French Polynesia. The Committee requests the Government to provide information on the measures taken to raise the awareness of workers, including public servants, employers and their respective organizations, as well as labour inspectors and magistrates on issues concerning discrimination in employment and occupation and equality without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. It again requests the Government to provide detailed information on the number of inspections and controls carried out, their results and any penalties imposed concerning failure to respect the principles of non-discrimination and equality.