Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - France (Ratification: 1981)

1. Discrimination on the basis of race and national extraction. In its previous comments, the Committee noted that, despite the abundance of laws and administrative and advisory bodies and a better understanding of the problems, the results achieved in combating discrimination on the basis of race and national extraction in respect of employment and occupation were disappointing, and that discrimination on these grounds was still increasing. The Committee also noted that action was rarely brought by victims of discrimination, who were largely from a non-European immigrant background, and who were still having serious difficulties in asserting their rights.

2. The Committee notes the steps taken by the Government to combat discrimination in employment and occupation on the basis of race, national extraction and ethnic origin. In this respect, the Committee notes the measures taken, in the context of the agreement concluded between the Service for Women’s Rights and Equality (SDFE), the Department of Population and Migration Studies and the Integration and Anti-Discrimination Assistance and Support Fund (FASILD), to promote the integration of immigrant women and women from an immigrant background in employment and vocational training, and to promote diversity and gender balance in enterprises. The Committee also notes that a national survey of discrimination was carried out in France from late 2005 to mid-2006 under the auspices of the International Labour Office (ILO) and the Department for the Promotion of Research and Statistical Studies (DARES). The aim of this survey was to help the Government and the social partners to verify the existence and the extent of discrimination in recruitment towards young French men and women on account of their origins, and to provide guidelines for and implement effective solutions. The Committee also notes that the Government agreed to the visit in September 2007 of the United Nations Independent Expert on minority issues, Ms Gay McDougall, and that the expert would present a full report on her mission in France to the United Nations Human Rights Council in 2008. The Committee emphasizes the conclusion reached by the ILO/DARES national survey that, in cases where employers made a choice between two candidates having comparable training, professional experience, style of dress and verbal expression, nearly four times out of five the candidate with a name of French origin was chosen, to the detriment of the candidate of Black African or Maghreb origin. The survey also shows that nearly nine-tenths of all cases of discrimination were seen to occur even before employers took the trouble to invite both candidates for interview.

3. The Committee notes the initiatives taken by the Government to prevent and combat discrimination on the basis of race, national extraction or ethnic origin. However, the Committee regrets, in view of the gravity of the situation, that the Government has not supplied more detailed information on all the activities taken to promote and enforce equality of access to employment and training irrespective of race, national extraction or ethnic origin, and on the impact of those activities. The Committee urges the Government to supply full information in its next report on the following: (a) the activities of the High Authority to Combat Discrimination for eliminating discrimination in practice on the basis of race, national extraction or ethnic origin; (b) the impact of the Diversity Charter of 2004 and the EQUAL programme on the promotion of diversity in enterprises; (c) any other measures adopted or envisaged, with the participation of the social partners, to stop discriminatory practices, and to promote in particular access to employment and training for qualified young persons from an immigrant background; and (d) any measures designed to promote tolerance, including campaigns to raise awareness and provide information on existing legislation concerning discrimination. The Committee also asks the Government to provide information on action taken further to the survey conducted by the ILO, including strategies for eliminating discrimination in the context of recruitment.

4. Discrimination on the basis of religion. The Committee refers once again to its previous comments on the prohibition imposed by Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 on the wearing in public schools of any conspicuous religious signs or apparel on pain of disciplinary measures including expulsion. The Committee was concerned that in practice this Act might result in some children, particularly girls, being kept away from public schools for reasons associated with their religious convictions, thereby reducing their capacity for finding employment, contrary to the Convention. The Committee notes that the Government’s report does not provide any information on this point and once again reminds the Government of the importance of ensuring that the application of this Act does not have the effect of reducing girls’ capacity for finding employment in the future, which would be contrary to the principle of non-discrimination on religious grounds. The Committee urges the Government to supply information on the application of Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004, especially with regard to the following: (a) any court ruling or administrative decision concerning the application of the abovementioned legislation; (b) the respective numbers of boys and girls who have been expelled from school on the basis of the Act; and (c) the measures taken to ensure that the pupils who have been expelled nonetheless have adequate opportunities to acquire education and training.

5.  Article 24 of the Constitution of the ILO. Follow-up of a representation. The Committee notes that at its 300th Session (November 2007), the Governing Body adopted the recommendations of the tripartite committee established to examine the representation alleging non-observance by France of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Termination of Employment Convention, 1982 (No. 158), made under article 24 of the Constitution of the ILO by the Confédération générale du travail – Force ouvrière. These recommendations entrusted the Committee of Experts with following up the questions raised in the report of the tripartite committee (GB.300/20/6). With regard to Convention No. 111, the tripartite committee noted that Ordinance No. 2005-893 provides that the conditions of implementation of the “contract of new employment” (CNE) and its effects on employment will, by 31 December 2008, be assessed by a committee made up of representative employers’ and workers’ organizations. It considered it essential that this review also include an assessment of whether the measures have resulted in any direct or indirect discrimination against young workers, taking into account the effects of multiple discrimination based on age and the grounds referred to in Article 1(1)(a) of the Convention, especially sex, race, colour and national extraction. The Committee, therefore, asks the Government to provide information on the outcomes of the abovementioned assessment of the measures concerned on the employment of young workers, taking into account the effects of multiple discrimination based on age, sex, race, colour and national extraction.

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