Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - French Polynesia

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes that the legislation giving effect to the Convention has not been amended and that Decision No. 84-20 AT of 1 March 1984 approving the Code respecting all forms of public contracts concluded in the name of French Polynesia and its public establishments is therefore still in force. It also notes that this text is to a large extent based on France’s Public Contracts Code of 1964, which gave effect to the Convention but which has been replaced by new provisions, the most recent being Decree No. 2006-975 of 1 August 2006 issuing the Public Contracts Code.

The Committee also notes the adoption of Basic Act No. 2004-192 of 27 February 2004 concerning the autonomous status of French Polynesia. It notes in this connection that the authorities of metropolitan France retain competence for public contracts of the State and its public establishments (section 14(11) of the Act), whereas the authorities of French Polynesia establish the rules on public contracts of municipalities, their groupings and their public establishments (section 49 of the Act). The Committee requests the Government to provide information on any impact the distribution of authority established by the Basic Act of 27 February 2004 may have on the regulations on public contracts in French Polynesia and, consequently, on the application of the Convention.

Article 1 of the Convention. Scope. The Committee notes that section 42(3) of the Public Contracts Code of French Polynesia, under which the inclusion of labour clauses is optional for certain types of public contracts, only allows exemption of the holder of the contract from the obligations on hiring established by section 42, paragraph 1, of the Code (notice at the Labour Office and reception of candidates presented by this Office) and so has no effect on the application of the Convention. It also notes that, at all events, the relevant sectoral collective agreements apply to holders of public contracts. The Committee observes, however, that section 42(3) of the Code appears to be much broader in scope and is not confined to provisions on the hiring of labour, since in specific cases it provides that “the incorporation of the abovementioned clauses and conditions is optional”. The Government may wish to amend this provision in due course to align the wording with the interpretation given by the Government in its last report. It asks the Government to keep it informed of all developments in this matter.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the effect given in practice to the Convention including, for instance, extracts of reports by the inspection services containing information on the number and nature of infringements reported. The Government is also asked to provide a copy of the minutes of the tripartite meeting at which its report was presented.