Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - New Caledonia

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee noted that section Lp.112 1 of the Labour Code provides that it is prohibited to take into account, in an offer of employment, recruitment or in the labour relationship, a person’s origin, sex, pregnancy, family situation, actual or presumed membership or non-membership of an ethnic group, nation or race, political opinion, trade union activities, disability or religious convictions. It consequently requested the Government to indicate the measures taken or envisaged to include colour among the prohibited grounds of discrimination set out in the Labour Code, and to indicate whether the notions of “social origin” and “national extraction” are covered by one of the grounds set out in this section. The Committee notes the Government’s statement that no measure has been adopted or envisaged to include colour among the prohibited grounds of discrimination set out in section Lp.112-1 of the Labour Code, and that this section does not explicitly cover the notions of “social origin” and “national extraction”. Recalling that, where effect is given to the Convention by national legislation, it should cover as a minimum all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee requests the Government to take the necessary measures to ensure that any discrimination in employment and occupation based on colour, national extraction or social origin is explicitly prohibited and to provide information on any measure taken in this respect. In the absence of legislation on this matter, the Committee also requests the Government to indicate the manner in which workers are protected in practice against discrimination on the grounds of colour, national extraction or social origin.

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