Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. The Committee notes that since 1992, following the observations made by trade union organizations, it has requested the Government to clarify the meaning of the term "origin" -- used in section 91 of Act No. 52-1322 of 15 December 1952 introducing a Labour Code in the territories and associated territories under the French Overseas Ministry, in the following context: "In equal conditions of work, vocational training and output, wages shall be equal for all workers, irrespective of their origin, sex, age and status, subject to the conditions provided for in this section". The Committee wished to know whether the term "origin" also covers nationality, given the information provided concerning the differences in wages between French seamen and those of other nationalities such as Indians or Filipinos. The Committee notes Decree No. 97-243 of 14 March 1997, provided by the Government, which defines the classes of vessels eligible for registration in the TAAF territories, pursuant to section 26 of Act No. 9-151 of 26 February 1996 relating to transport; it also notes the Government's statement that "differences in wage levels reflect differences in hierarchical levels, contractual obligations and responsibility, and wages are also based on the living standards of the countries in which crew members are resident". It also notes the new comments made by the French Democratic Confederation of Labour (CFDT), reiterating its view that the Kerguelen register is a violation of the Convention.

2. The Committee notes that, according to the Government's report, between 1 January 1995 and 1 January 1997 the number of vessels registered in the TAAF increased from 99 to 161 (a rise of around 62 per cent) and the number of posts for officers and seamen serving on board these vessels increased from 1,525 (including 833 French nationals) to 3,600 (including 1,200 French nationals). It also notes that to date no complaints have been made by seamen serving in the TAAF against shipowners managing vessels registered on these territories alleging discrimination in maritime employment. Consequently, the Committee would be grateful if the Government would indicate the measures in force designed to inform crew members -- of any origin -- of their rights in relation to this Convention.

3. Finally, noting the absence of a response to its previous direct requests concerning the application of the Convention to workers excluded from the scope of the Overseas Labour Code (in particular, permanent employees of the TAAF administration), the Committee would be grateful if the Government would provide copies of all relevant legislative and regulatory texts.