Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

With reference to its previous general observations and the comments of the National Federation of Maritime Trade Unions (FNSM), the Committee notes that under section 6 of Act No. 52-1322 of 15 December 1952 establishing a Labour Code in the overseas territories, members of a trade union who are responsible for its administration or management must be of French nationality. Since Order No. 87.190 of 20 March 1987 concerning the registration and commissioning of vessels in the French Southern Antarctic Territories provides that the proportion of crew members of French nationality may not be less than 25 per cent of the seafarers registered on the crew list, the Committee considers that section 6 of Act No. 52-1322 is liable to impair the right of foreign seafarers to elect their trade union officials in full freedom, guaranteed by Article 3 of the Convention.

It therefore requests the Government to indicate in its next report whether section 6 of Act No. 52-1322 is still in force or whether it has been brought into line with section L.411-4 of the French Labour Code, which provides that any foreigner of 18 years or over who is a member of a trade union may have access to office in the administration or management of a trade union.

As regards the FNSM's comments to the effect that Order No. 87.190 of 20 March 1987 signifies that 75 per cent of the crews of vessels registered in these territories would be made up of foreign seafarers engaged under discriminatory conditions while French seafarers would be left unemployed, the Committee considers that this is not a freedom of association issue.