Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 2 of the Convention. Promotion of equality of opportunity and treatment for men and women. In its previous comment, the Committee emphasized the need to take proactive measures to tackle the underlying causes of gender discrimination, particularly occupational segregation, one of the effects of which is to confine women to the worst paid jobs. The Committee notes that the Government indicates that no specific measures have been taken to rectify the de facto inequalities which affect opportunities for women. However, the Government also indicates that the strategic objectives laid down by the Ministry for Women include the elimination of occupational segregation and the promotion of employment and vocational training for women. The Committee notes the Government’s further indication that the employer’s obligation to submit an annual report to the works council containing a statistical analysis allowing an evaluation of the gender balance is not complied with by all enterprises and that it will make fresh efforts to ensure the production of this social survey and be more vigilant regarding compliance with the legislation in this field. As regards employment in the public sector, the Committee observes that, according to the information provided by the Government, 59.18 per cent of managerial posts in the administration are occupied by men. In view of the persistence of occupational segregation of men and women and its consequences for women’s employment, the Committee once again requests the Government to take the necessary steps without delay, in cooperation with the social partners, to combat such segregation and facilitate access for women to a wider range of jobs and occupations, and particularly to positions of responsibility, in both the public and private sectors. It also requests the Government to take the necessary steps to ensure that the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives, is complied with by employers (section Lp. 2433-17 and Lp. 2433-18 of the Labour Code of French Polynesia). The Committee requests the Government to also provide information on any measures taken towards this end and up-to-date information, including statistical data, on the situation of women and men in employment in the public and private sectors.

Promotion of equality of opportunity and treatment without any distinction on grounds other than sex. The Committee notes that, according to the Government’s report, there is no discrimination on the basis of race, colour, religion, political opinion, national extraction or social origin in French Polynesia. Recalling that it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it, the Committee requests the Government to take the necessary steps to formulate and adopt a policy to promote equal opportunities and treatment, without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin, encompassing not only legislative or administrative measures but also public policies or programmes of action, or the establishment of specialized bodies tasked with promoting equality and combating discrimination, in accordance with Article 2 of the Convention. Please provide information on any measures taken in this respect.

Article 5. Promotion of equal opportunities for persons with disabilities. The Committee notes the adoption of territorial Act No. 2016-9 of 14 March 2016 amending Title I of Book III of Part V of the Labour Code relating to workers with disabilities. It notes that this Act maintains, until 2017, a 2 per cent quota on a provisional basis for the compulsory employment of workers with disabilities (instead of the 4 per cent that was initially announced). The Committee requests the Government to indicate to what extent these amendments to the Labour Code of French Polynesia promote the employment of persons with disabilities and enable the integration of persons with disabilities into the labour market. Moreover, noting that the provisional statistics for 2014 provided by the Government show a clear decrease in the sanctions imposed on enterprises for non-compliance with the obligation to employ workers with disabilities, and also a drop in the number of employees with disabilities since 2011, the Committee requests the Government to provide information on the reasons for these decreases. The Committee also requests the Government to provide information on the application of the Territorial Act of 2016, indicating in particular infringements reported and sanctions imposed, and to continue to supply information on the employment of persons with disabilities in the public and private sectors.

Positive measures in favour of local employment. As regards the promotion of “local employment” in the private sector, the Committee notes that Territorial Act No. 2013-6 concerning discrimination and harassment refers to section 18 of Basic Act No. 2004-192 of 27 February 2004, which provides for the possibility of “adopting measures favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person having a sufficient period of marriage, cohabitation or civil union with a person in the former category”. As emphasized in its previous comments, the Committee invites the Government to remain vigilant and to monitor closely the impact of such a mechanism on the labour market in order to ensure that it will not have a discriminatory effect and will apply to all beneficiaries without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also requests the Government to provide information, including statistical data, on the measures taken in the context of this mechanism and any evaluations conducted.

Enforcement. In view of the lack of information on this matter in the Government’s report, the Committee once again requests the Government to take the necessary steps as soon as possible to strengthen the means of action available to the labour inspectorate with a view to enabling in practice the regular and effective enforcement of the legislation relating to discrimination. The Government is also requested to supply information on any court or administrative decisions relating to discrimination or to equality in employment and occupation.