Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - French Southern and Antarctic Territories

1. With reference to its previous comments, the Committee takes note of the Government's reports and the comments of the National Federation of Maritime Trade Unions (FNSM), dated August and November 1992.

2. The Committee recalls that the comments which the FNSM has been making for many years concern the system for registration of vessels in the TAAF, which is governed by Decree No. 87-190 of 20 March 1987 and the Order of 20 March 1987. According to this legislation, the proportion of crew members of French nationality may not be less than 25 per cent of the seafarers registered on the crew list, including two to four officers depending on the type of vessel. According to the FNSM, this means that 75 per cent of registered crews can be comprised of foreign seafarers engaged under discriminatory conditions, the purpose being to reduce crew costs as far as possible by cutting back on the social conditions of the foreigners so engaged.

3. The Committee noted the Government's arguments, inter alia, that the differences in remuneration are based only on differences in functions and qualifications and not on any of the grounds of discrimination set out in Convention No. 111, and that, in any case, the Convention does not cover the situation of persons of foreign nationality. Nevertheless, the Committee observed that section 91 of the Overseas Labour Code (Act No. 52-1322 of 15 December 1952), which applies to seafarers aboard vessels registered in TAAF, provides for equal remuneration irrespective of the worker's origin, and that any preference or distinction based on the origin of the worker would therefore constitute a specified discrimination, in the meaning of Article 1, paragraph 1(b), of the Convention. It asked the Government to indicate the measures taken or envisaged to bring national practice into conformity with the Convention.

4. The FNSM's most recent comments indicate that the situation has not changed. They point out that an Order of 3 November 1992 extends the possibility of TAAF registration to vessels of the tanker class which transport oil. The Government's reports repeat its arguments noted above. The Committee would appreciate receiving any additional reply from the Government to the FNSM's recent communications.

5. The Committee, in the meantime, must draw the Government's attention to the conclusions reached in its 1992 observation to the effect that by virtue of section 91 of the Overseas Labour Code, the origin of the worker has been specified as a further ground of discrimination in addition to those listed in Article 1, paragraph 1(a), of the Convention and that consequently any distinction based on this ground constitutes a discrimination for the purpose of the Convention, in accordance with Article 1, paragraph 1(b), of the Convention. The Government is bound under Article 3(c) to eliminate such discrimination. The Committee accordingly requests the Government, in its next report, to indicate what measures have been taken or are contemplated to bring national practice into conformity with section 91 of the Overseas Labour Code and the Convention.