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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - French Polynesia

1. Article 1 of the Convention. Discrimination on grounds other than sex. The Committee notes that the provisions of the Organic Act No. 2004-192 concerning the promotion of local employment have not yet been implemented by the Government. The Committee notes that the Government intends to present a bill on the promotion of local employment in pursuance of the provisions of the Convention. The Committee emphasizes that pursuant to section 18 of the Organic Act the Government may favour access to an occupational activity for persons who have resided in the territory for a sufficient length of time or persons who have been married, have cohabited or have been subject to a civil solidarity pact for a sufficient length of time. The Committee notes from this section that measures taken in pursuance of this provision must be justified by objective criteria for each type of occupational activity and each sector of activity, in direct relation with the need for the support or promotion of local employment. The Committee emphasizes that the Convention does not deal with employment-related discrimination based on a sufficient duration of residency, marriage, cohabitation or civil solidarity pact. It notes, however, that provisions for the promotion of local employment which lead, in practice, to indirect discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, would not be consistent with the principles set forth in the Convention. The Committee hopes that the Government will ensure that the bill on the promotion of local employment will fully reflect the principles set forth in the Convention. The Committee asks the Government to continue to keep it informed of the progress made in respect of the adoption of this Act, and of the measures taken to ensure that the promotion of local employment benefits everyone, without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

2. Sexual harassment. The Committee notes that section 222-33 of the Penal Code prohibits certain forms of sexual harassment. The Committee also notes the Government’s statement to the effect that it plans to include provisions relating to sexual and moral harassment in labour legislation. The Committee emphasizes the importance of prohibiting in the legislation, “quid pro quo” sexual harassment and harassment in the form of a hostile working environment. The Committee refers the Government to its 2002 general observation so that it can take the necessary steps to ensure effective protection in law and practice against this type of discrimination. The Committee asks the Government to continue providing information on the measures taken in law and practice to prohibit, prevent and punish sexual harassment in employment and training.

3. Promotion of equal opportunities for men and women. The Committee notes that, according to a study published by the Statistics Institute of French Polynesia on the situation of women in Polynesia, women hold 47.4 per cent of General Assembly seats and account for 37 per cent of directors of individual enterprises. It notes, however, that progress is yet to be made in terms of women’s access to positions of responsibility, since they represent only 32 per cent of managerial staff and liberal professionals. The Committee also notes that women only account for 8.3 per cent of mayors and 25 per cent of ministers. The Committee notes that over the last ten years the participation of women in managerial positions and the liberal professions has increased by only 3 per cent. Given this slow progress, the Committee reminds the Government of the importance of taking proactive measures to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, but in technical and industrial jobs, managerial posts and positions of responsibility. The Committee emphasizes that the implementation of proactive measures favouring women’s access to employment is particularly important given that many women obtain their baccalaureate qualification (18 per cent of women as opposed to 12 per cent of men) and continue on to higher education (12 per cent of women, 10 per cent of men). The Committee asks the Government, once again, to provide information on all the measures taken to eliminate the gap between the participation of men and women in access to employment and, in particular, in access to positions of responsibility. The Committee encourages the Government to continue its efforts in collecting statistical data so that it can assess the progress made in respect of equal opportunities and better understand the challenges that the Government has yet to meet.

4. Implementation of legislation. The Committee notes that the labour inspectorate monitors the implementation of provisions on equal access to employment by carrying out visits to workplaces on its own initiative. The Committee also notes that the Labour Service provides employees and employers with all kinds of information relating to labour law and participates in the conciliation of individual labour disputes. The Committee notes that the courts have not handed down any judicial decision relating to the application of the Convention. The Committee asks the Government to provide more detailed information on the inspections carried out in workplaces, in particular on the number and nature of violations of the principle of equality which have been identified by labour inspectors and on how the inspectors deal with such violations. The Committee asks the Government to continue to keep it informed of the judicial decisions handed down in relation to equal access to employment and training.