Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Nursing Personnel Convention, 1977 (No. 149) - New Caledonia

The Committee notes with regret that the Government’s last report is essentially a repetition of information already submitted in earlier reports and does not reply to the points raised in previous comments. The Committee wishes to emphasize that in the interest of maintaining a meaningful dialogue with the ILO supervisory bodies, the Government should make every effort to collect and communicate in a timely manner all relevant information regarding the application of the Convention. The Committee accordingly reiterates its previous direct request concerning the following points.

Article 2, paragraphs 1 and 2, of the Convention. The Committee requests the Government to present a general overview of its policy concerning nursing services and nursing personnel, within the broader framework of health-care planning, and to outline the programmes and strategies designed to provide the quantity and quality of nursing care necessary for attaining the highest possible level of health for the population in the territory.

Article 5, paragraph 1. The Committee requests the Government to indicate the measures taken to strengthen the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them. It notes that since the constitutional amendment of March 2003, the autonomy of New Caledonia has been further reinforced and that, in this context, it is the responsibility of the local authorities to organize, where appropriate, active consultation with the occupational organizations on public health issues. The Committee therefore asks the Government to supply all relevant information in this regard.

Article 5, paragraph 2. Recalling its previous comments, the Committee requests the Government to keep it informed of the outcome of any negotiations held in metropolitan France, or in New Caledonia, on the reform of the status of the public service and their impact on nursing personnel. In addition, the Committee asks the Government to provide information on the measures taken with a view to harmonizing the situation between the public and private nursing sectors.

Article 5, paragraph 3. The Committee recalls that it asked the Government to supply information on the procedures for settling disputes arising out of the determination of terms and conditions of employment. It hopes that the Government will not fail to transmit this information with its next report.

Article 6(a) and (b). The Committee once again requests the Government to provide specific information on the provisions applicable to public sector nursing personnel relating to hours of work, including compensation for overtime, inconvenient or restrictive hours, shift work and weekly rest.

Article 7. Further to its previous comments, the Committee requests the Government to indicate any recent measures, legislative, administrative or others, taken in respect of the particular risk of accidental exposure to HIV among nursing personnel. In this connection, the Committee wishes to draw the Government’s attention to the adoption in April 2005 of the Joint ILO/WHO Guidelines on Health Services and HIV/AIDS, which aim at promoting sound management of HIV/AIDS in health services providing, among other things, for wide-ranging approaches to protection, training, screening, treatment, confidentiality, prevention, the minimizing of occupational risk and the care and support of health-care workers. The Committee trusts that the Government will give due consideration to these guidelines with a view to improving existing laws and regulations on occupational health and safety for nursing personnel.

Part V of the report form. The Committee would be grateful if the Government would continue providing up-to-date information on the practical application of the Convention, including for instance statistics on the overall number of nursing staff, the nurse-to-population ratio, the geographical distribution of health-care facilities, etc.