Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82) - French Polynesia

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 concerned the content and application of regulations on the training, certification and safety prescriptions (diving schedules) that are applicable to underwater divers employed on pearl farms, which were adopted by the authorities of French Polynesia in 1987. In its representation, the WFTU considered that, in view of the number of permanent disabilities or deaths among divers, these regulations were inadequate and deficient. In addition, they were discriminatory in that they barred divers trained in French Polynesia from access to employment in companies coming under the regulations of metropolitan France.

In accordance with the recommendations set out in the above-mentioned report, the Government is asked to take all appropriate measures to ensure that the territorial regulation, the need for whose revision has been recognized, is brought into conformity with the requirements of Convention No. 82, inter alia by eliminating provisions that can result in indirect discrimination and by aligning training strictly with the requirements of professional diving. The Government is also asked to provide, in its reports on the application of the Convention, detailed information on the adoption of the laws and regulations to which it referred during the above procedure, in order to ensure the health and safety of professional divers in the territory of French Polynesia.

[The Government is asked to report in detail in 1997.]