Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Sexual harassment. The Committee welcomes the adoption of territorial Act No. 2001-5 of 17 October 2011 on employment relations and the prohibition of moral and sexual harassment at work, supplementing and amending the Labour Code of New Caledonia. However, as it emphasized in its previous comments concerning the territorial Bill, the Committee observes that the definition of sexual harassment contained in the Act (section Lp. 115-1 of the Labour Code) only covers one of the forms of sexual harassment, namely quid pro quo harassment, and omits acts which have the effect of creating an intimidating, hostile or humiliating working environment. While noting that Act No. 2011-5 also contains provisions setting out the “right of all employed persons to labour relations imbued with respect and exempt from any form of violence” (section Lp. 113-2 of the new Labour Code), the Committee considers that the legislative provisions adopted do not afford full protection against sexual harassment at work. In view of the specific nature of sexual harassment at work and the various forms that it can take, the Committee requests the Government to take the necessary measures to supplement the definition of sexual harassment contained in section Lp. 115-1 of the Labour Code of New Caledonia so as to include acts of a sexual nature which have the effect of creating an intimidating, hostile or offensive work environment. The Committee encourages the Government to take measures intended to increase knowledge of the new legislation prohibiting and addressing sexual harassment at work and to raise the awareness of workers, employers and their respective organizations on this issue. Please provide information on any cases of sexual harassment dealt with by the labour inspection services, as well as examples of the measures taken by employers with a view to preventing any acts of sexual harassment, in accordance with section Lp. 115-2 of the Labour Code.

Article 2 of the Convention. Equality of opportunity and treatment for men and women. The Committee notes that the Government’s report does not contain any information on this point. However, it observes that the study “Focusing on women” published in 2013 by the Employment, Skills, Wages and Training Observatory of the Skills Development Institute of New Caledonia on its website emphasizes that imbalances between men and women persist in relation to access to employment and that few women are yet appointed to managerial positions (28 per cent in 2011). Moreover, women are still concentrated in certain sectors, such as health, tourism, education and services. The Committee recalls that the traditional view of the role of women in society, and prejudices concerning their aspirations, preferences, capabilities and “predisposition” for certain types of jobs, have led to a gender-segregated labour market, with women being overrepresented in certain jobs and sectors. It is essential to combat these gender prejudices and stereotypes in both vocational training and access to employment so as to enable men and women to have access to a broader range of jobs and occupations offering career prospects and better remuneration. The Committee requests the Government to provide information on the measures adopted to combat gender prejudices and stereotypes and to promote the access of women to traditionally male training courses and jobs, and on the measures taken to encourage the access of women to managerial positions in the public and private sectors, and the results achieved.

Equality policy. The Committee once again notes that the Government’s report does not contain information on the measures taken to promote equality of opportunity and treatment in employment and occupation in practice, including access to education and vocational training and guidance, with a view to eliminating any discrimination on the grounds other than sex enumerated in Article 1(1)(a) of the Convention, and particularly race, colour and national extraction, in both the public and the private sectors. The Committee draws the Government’s attention to Article 2 of the Convention, pursuant to which each Member which ratifies the Convention undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee once again requests the Government to provide information on the legislative, administrative and practical measures envisaged or taken, and on the policies and programmes planned or adopted to prevent discrimination, remedy de facto inequalities and promote effectively equality in employment and occupation.

Enforcement. Labour inspection. In the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the activities undertaken by labour inspectors and controllers with a view to preventing and combating discrimination in employment and occupation. Please also provide information on any cases of discrimination reported by labour inspectors or controllers or brought to their knowledge, and any court rulings on this subject.