Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. In its observation and direct request of 2002, the Committee noted numerous Government initiatives to combat discrimination and promote equality of opportunity and treatment on the basis of the criteria set in the Convention. In particular, it noted with interest Act No. 2001-1066 of 16 November 2001 to combat discrimination, which amended the Penal Code and the Labour Code by extending the discrimination criteria and the areas in which discrimination is prohibited, by introducing into French law the notion of indirect discrimination, by shifting the burden of proof to the advantage of employees subjected to discrimination and by allowing complaints to be handled by trade unions and associations. The Committee requested the Government to provide information on the practical follow-up to these measures and on any evaluation of their impact and any difficulties encountered.

2. The Committee notes with interest that a decision has been taken to implement the recommendation made by the High Council for Integration in 1998 and taken up in 2003 by the Discussion Group on the Application of the Principle of Secularism in the Republic (see paragraphs 11 and 12 below), to establish an independent high authority to combat discrimination and promote equality. Such a body would be responsible for all forms of discrimination and have the authority to bring about changes in practices and behaviour. It would play a triple role: processing complaints and supporting the victims of discrimination; information and advocacy; and increasing and disseminating knowledge. Noting that such an authority was to be established in 2005, the Committee hopes that the next report will contain information on the work it has done in the area of employment and on the results it has achieved.

Discrimination on grounds of race and national extraction

3. The Committee noted in its previous observation that the measures taken so far appeared not to have eliminated or reduced discrimination in employment based on race and national extraction, and requested the Government to provide information on any studies or evaluations undertaken to determine the extent and nature of such discrimination, and on all new measures taken to facilitate integration of the persons affected. The Committee notes from the reports of the various bodies that have addressed this matter since 1998, including the report of the mission to advise the Government on the creation of the new authority to combat discrimination, that the results obtained by the machinery set up to combat discrimination are "mixed". Despite an abundance of laws and administrative or advisory bodies and although the problems are now better understood, practical results are disappointing: discrimination persists and has even worsened; acts of discrimination are seldom punished and their victims, whose background is largely non-European immigration, are having ever greater difficulty in asserting their rights. While the number of complaints filed for discrimination has increased significantly in recent years, owing in particular to the opening of a free helpline for victims, they are rarely acted on by the courts due to lack of evidence and there are still few convictions (29 in 2002).

4. The Committee hopes that the creation of the high authority to combat discrimination and promote equality will enable practical results to be obtained rapidly in eliminating discrimination, particularly in employment. It hopes in particular that the future authority will be able to act effectively to help the victims of discrimination in employment to assert their rights and that the next report will contain information on activities undertaken in this area. It also hopes that the necessary awareness raising and training will be undertaken, particularly for the courts, employers, trade unions and associations, so that the legislative provisions prohibiting discrimination in employment, particularly on grounds of race or national extraction, are better known and observed, and breach of them more effectively penalized. It requests the Government to provide information in its next report on the practical effect given to the new provisions of Act No. 2001-1006 respecting the burden of proof in cases of discrimination.

5. The Committee notes that the existence of discrimination and inequality is now widely recognized and documented. According to the report submitted by the Government in May 2004 on the application of the Convention on the Elimination of All Forms of Racial Discrimination (CERD/C430/Add.4), the children and grandchildren of immigrants who arrived in France after the Second World War have been having great difficulty in finding jobs although they have grown up in France, have generally become naturalized French, have been through the French school system and are, for the most part, considerably better educated than their parents. The most serious difficulties are encountered at the hiring stage, in which applicants with names of Maghreb and African origin stand little chance of being interviewed. Unemployment among young graduates of immigrant backgrounds is purported to be four to five times higher than among other graduates. The Committee requests the Government to indicate in its next report the measures that it has taken or plans to take, in conjunction with employers’ organizations and trade unions, to put an end to discrimination in hiring and to promote the access of these young people to employment and training.

6. The Committee notes with interest in this connection that 40 or so enterprises signed a Diversity Charter in October 2004 in which they undertake to implement a policy of non-discrimination and to seek diversity at all stages of human resource management - hiring, training, career advancement and promotion - to make their management and their staff aware of this undertaking, to place this policy on the agenda of staff representatives and to report yearly on measures taken and on results. The Committee hopes that the next report will contain information on the results obtained by this initiative and on any measures taken to publicize and encourage similar initiatives to change human resource management practices in enterprises with a view to securing greater equality of opportunity. The Committee stresses the interest of associating workers and their representatives in the definition, implementation and evaluation of these new practices, and would appreciate receiving information on this subject.

Equality between men and women

7. The Committee recalls that although there has been significant progress in the last 20 years as regards women’s status in the world of work, major inequalities remain. According to a report by a working party of the Higher Council on Equality at Work, sent by the Government with its last report, women now account for nearly 50 per cent of the economically active population and hold more skilled jobs. However, they are still concentrated in a limited number of occupations in the tertiary sector. Fewer women than men receive continuous training. On average, women earn 25 per cent less than men, and are more often unemployed and in precarious employment.

8. The Committee notes from the information sent as reply to its previous comments, that the Government plans to adopt a new policy on equality at work and wage parity between men and women and that cooperation is under way with the social partners to agree on coherent, pragmatic and resolute action in pursuit of equality at work. It notes that in March 2004, a Charter was adopted on equality between men and women setting out a series of measures and commitments spanning a period of three years and based on a fivefold approach to achieving progress which includes equality in employment and work/life balance with a view to a new distribution of social roles between men and women. The Committee hopes that the next report will contain information on specific measures taken under the Charter in these two areas and on the practical results obtained in reducing inequalities in employment.

9. The Committee notes that, according to numerous studies and surveys, the continuing wage differential between men and women is due to the fact that women’s skills rank lower in the wage scales of collective agreements, and to inequalities in men’s and women’s careers which grow as their careers advance owing to a system of promotion and bonuses that is more advantageous to men. The Committee notes that the abovementioned Higher Council’s working party on women’s place in social dialogue has acknowledged that women’s participation in the negotiating process has some impact on the content of agreements, particularly with regard to working hours, equality in employment and work/life balance, and that better representation of women in bargaining could lead to a change in classifications that might reduce wage differentials and improve women’s access to vocational training. The Committee hopes that the next report will indicate the measures taken or envisaged by the Government and the social partners to secure greater participation by women in social dialogue, and particularly their representation on negotiating bodies and in the leadership of employers’ and workers’ organizations.

10. The Committee notes that the current discussions and work on promoting equality between men and women devote considerable attention to the matter of "work/life balance" or "family/professional life". It notes that the Government has ratified Convention No. 156 and requests it to indicate in its next report the measures taken or envisaged to combat any remaining stereotypes about women’s place in employment.

Discrimination on religious grounds

11. The Committee notes that Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 ban the wearing, in public schools, of any conspicuous religious signs or apparel under penalty of disciplinary measures including expulsion. According to the preamble to the abovementioned circular, the Act is intended to ensure observance of the constitutionally guaranteed principle of secularism, which is based on respect for freedom of conscience and the State’s neutrality vis-à-vis religion. It is designed to allow schools to accomplish their duty of instilling the values of the Republic including equality and human dignity, equality between men and women and the freedom of every individual, including to choice of lifestyle, and to teach pupils to live together and respect the differences of others. By protecting pupils from pressure that might arise from ostensive signs of religious affiliation, the Act guarantees freedom of conscience for all.

12. The Committee notes that the Act was passed following a protracted public debate, at the request of school principals anxious to preserve neutrality and calm in their establishments; that expulsion is applied only after extensive dialogue with the pupil and his/her parents; and that the Act will be assessed one year after its entry into force. While appreciating the reasons for the Act, the Committee fears that it may in practice end up keeping some children, particularly girls, away from public schools for reasons associated with their religious convictions, and thus may diminish their capacity to find employment, contrary to the Convention. The Committee requests the Government to provide information in its next report on the assessment of the application of the Act. Please indicate in particular the number of pupils expelled from public schools and the measures taken to ensure that they nonetheless have proper opportunity to acquire education and training.

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