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

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

Article 2 of the Convention. Inclusion of labour clauses in public contracts. Further to its previous comment, the Committee notes the Government’s indications that the adoption of Organic Act No. 2004-192 of 27 February 2004 establishing the autonomous status of French Polynesia, which, inter alia, distributes competence for public contracts between the French State and French Polynesia, does not exempt enterprises from application of the Convention or from labour regulations and collective agreements. It further notes that the competent authorities are contemplating a review of the Public Procurement Code of French Polynesia. The Committee requests the Government to keep the Office informed of any new developments in the process of revision of the Public Procurement Code, and hopes that any new code adopted will continue to implement the Convention. Furthermore, as regards the exemptions permitted from the obligation to include labour clauses in public contracts, the Committee hopes that, in the context of such a revision, the Government will consider amending section 42(3) of the Public Procurement Code in order to align its wording with the interpretation given by the Government, as requested by the Committee in its previous direct request.