Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes that, at its 265th Session (March 1996), the Governing Body adopted the report of the Committee set up to examine the representation made by the World Federation of Trade Unions (WFTU) under article 24 of the ILO Constitution, alleging non-observance by France of the Labour Inspection Convention, 1947 (No. 81), and the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82). The allegations referred to the content and application of regulations on the training, certification and safety rules (diving schedules) applying to underwater divers working on pearl farms, adopted by the authorities of French Polynesia in 1987. In its representation, the WFTU considered, in view of the number of deaths and permanent disabilities among such divers, that the regulations were inadequate and deficient. Furthermore, they were discriminatory in that they barred divers trained in Polynesia from access to employment in companies governed by the regulations of metropolitan France.

In accordance with the recommendations set out in the above report, the Government is asked to take the necessary measures to ensure that the provisions of Articles 3, 12 and 13 of the Convention are effectively applied in activities in which professional divers are employed, and particularly that the labour inspectorate of the territory of French Polynesia has the human, material and technical resources to carry out the necessary inspection visits, and to continue to provide labour inspectorate data on occupational accidents involving professional divers. It is also asked, in accordance with these recommendations, to provide detailed information, particularly on the adoption of the laws and regulations to which it has referred and on inspection visits to enterprises employing professional divers, the observations and reports that the visits give rise to, the nature of infringements noted and accidents that have occurred in these enterprises.

The Committee hopes that the Government will supply information on the measures taken to give effect to the recommendations.