Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1(1) of the Convention. Sexual and psychological harassment. Private and public sectors. In its previous observation, the Committee welcomed the adoption of the new legislative provisions on sexual and psychological harassment in the public and private sectors and requested the Government to provide information regarding their implementation in practice and how they were publicized. The Committee notes the Government’s report that several awareness-raising activities have been carried out regarding psychosocial risks and the quality of working life, during which the national laws on harassment were explained. The Committee notes the Government’s indication that a small number of cases of sexual harassment were reported by labour inspectors regarding sexual harassment (three in 2017) and psychological harassment (only one) and that the labour advisory service of the Labour and Employment Directorate (DTE) received a low percentage of individual complaints of sexual harassment (3.2 per cent in 2017), in comparison with the percentage of complaints of psychological harassment (59.2 per cent). The Committee recalls that a small number of complaints is not necessarily indicative of a low incidence of the phenomenon, but may be a result of: the difficulty of bringing this sensitive issue to the attention of the competent authorities (labour inspectors, the courts, etc.); a fear of reprisals, particularly of job loss; or even legal obstacles (burden of proof) and practical issues (the length and cost of proceedings). Lastly, the Committee notes that the issue of sexual and psychological harassment (definitions, applicable law, etc.) was addressed at a conference on occupational equality held in April 2018 by the Labour and Employment Directorate and the Observatory for Women’s Issues. The Committee requests the Government to continue and step up its efforts to publicize information on sexual and psychological harassment and promote among workers, employers, their respective organizations, administrative services responsible for labour issues, the labour inspectorate and magistrates a “zero tolerance” culture regarding harassment, in both the public and private sectors. The Government is also requested to continue to provide information on the reports of the labour inspectorate, the complaints received by the Labour and Employment Directorate, the legal proceedings initiated and their outcomes regarding sexual and psychological harassment.

Article 2. National policy on equality of opportunity without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin. The Committee recalls that it previously requested the Government to take measures to formulate and adopt an equality policy, without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government’s indication that the number of Kanak people in management positions has increased sevenfold in the last 30 years but that, more often than not, these positions are temporary or part-time. Furthermore, according to the same survey, their labour force participation rate remains six points lower than that of the population as a whole and their unemployment rate is seven points higher. The Government adds that analysis is being undertaken regarding regulation and a policy to support equality of opportunity and facilitate access to training and employment for members of the Kanak community. The Committee once again requests the Government to take measures to formulate and implement a genuine equality policy comprising not only legislative and administrative measures, but also policies or programmes of action, or for the establishment of specialized bodies in the areas of equality and non-discrimination, in accordance with Article 2 of the Convention. More specifically, the Committee encourages the Government to take initiatives to promote in the world of work equality of opportunity and treatment without any distinction on the basis of race, colour, social origin, political opinion or religion, particularly awareness-raising action on inclusion, tolerance and mutual respect. With specific reference to the Kanak population, the Committee trusts that the analysis undertaken will lead to specific measures to improve equality of opportunity and treatment in employment and occupation, and particularly access to training, non-precarious employment and the different occupations, including within the framework of the “Future Managers” programme. The Government is requested to supply detailed information on the measures taken in this regard and their results.