Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexist behaviour. Sexual and psychological harassment. Private and public sectors. The Committee notes with interest the adoption of the provisions aimed at combating sexist behaviour in Territorial Act No. 2023-3 of 26 May 2023 promoting substantive equality between women and men, which : (i) defines such behaviour as any related to a person’s sex, with the aim or effect of undermining the person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment; (ii) provides for preventive measures in enterprises (including the appointment of one or more focal points to combat sexism at work in enterprises employing 11 or more employees); and (iii) requires that the texts that provide for the legal penalties incurred are displayed in enterprises. In addition, the Committee welcomes the extension of the list of protected employees whose dismissal is subject to administrative authorization to employees who have reported harassment or discrimination based on sex or for whom the prosecutor has decided to launch proceedings (new section Lp. 351-1 of the Labour Code of New Caledonia). With regard to fighting moral or sexual harassment, the Committee notes the Government’s indications concerning awareness-raising and information measures taken to promote a “zero tolerance” culture with regard to this behaviour in the private sector. With regard to the public sector, the Committee welcomes the adoption of Territorial Act No. 2021-4 of 12 May 2021 on the public service of New Caledonia, and its implementing resolutions which provide for the establishment of a joint technical committee for each public employer, to be consulted on all questions concerning the prevention of sexual and moral harassment. It also notes the Government’s indications that preventive actions are taken on a regular basis. The Committee requests the Government to take measures to disseminate among workers, employers and their organizations, and ensure compliance with, the provisions of Territorial Act No. 2023-3 of 26 May 2023 aimed at combating sexual and moral harassment, and sexist behaviour. It also requests the Government to provide information on: (i) the implementation of Territorial Act No. 2023-3 by employers; (ii) labour inspection activities in this regard, including the number, nature and outcome of cases identified or reported; and (iii) the establishment of joint committees in the public service under Territorial Act No. 2021-4 of 12 May 2021, and their actions against sexist behaviour and sexual or moral harassment.

Article 1(1)(b). Additional grounds of discrimination. With regard to the recent introduction to section Lp. 112-1 of the Labour Code of the prohibition of all discrimination based on the “exercise of a customary responsibility”, further to the adoption of Territorial Act No. 2018-3 of 28 May 2018, providing for leave for customary responsibilities, the Committee notes that the Government’s report indicates that an assessment of this provision revealed that no request has been made by employees for such leave and that no difficulties have been reported to the single customary council (Hoot Ma Whaap zone). The Committee requests the Government to continue to provide information on this matter, where possible.

Article 2. National policy on equality of opportunity and treatment without distinction based on race, colour, religion, political opinion, national extraction or social origin. The Committee notes that, according to the 2019 labour force survey (main results): (i) the employment rate has risen more sharply among the Kanak population (up 2.9 points over one year) than among the general population (up 1.1 points), due to the increase in the number of Kanak people in work; and (ii) a gap of 6.9 points remains in the employment rate for the general population. The Committee welcomes the information communicated by the Government on the results of the “Future Managers” scheme, particularly that: (i) 71 per cent of the beneficiaries of the “Future Managers” scheme are of Kanak origin (60 per cent are from the Loyalty Islands); and (ii) actions are being taken to promote access for the population of New Caledonia and especially the Kanak population to positions of responsibility in both the private and public sector. However, the Committee notes the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding: (i) discrimination against indigenous peoples in the overseas territories and at the fact that their rights, in particular their rights to land and to free, prior and informed consent, are not fully respected; and (ii) the barriers that indigenous peoples face in exercising their economic, social and cultural rights, including their rights to health and education; numerous difficulties that children face in accessing education in New Caledonia owing to, inter alia, the distance to schools, the shortage of teachers and the lack of cultural and linguistic diversity in curricula. It notes that CERD recommends that France: (i) intensify efforts to ensure the equal treatment of indigenous peoples compared to the rest of the population with regard to the enjoyment of economic, social and cultural rights, in particular the rights to health and education, taking into account the specific needs of each territory, as well as the cultural and linguistic diversity of indigenous peoples; and (ii) take the necessary measures to guarantee the right of indigenous peoples to own and use their lands, territories and resources, including by providing the requisite legal recognition and protection (CERD/C/FRA/CO/22-23, 14 December 2022, paragraph 15). The Committee requests the Government to continue to take specific measures to draw up and implement an effective policy on equality of opportunity and treatment without distinction based on race, colour, social origin, political opinion or religion, including legislative and administrative measures, and action plans and programmes providing particularly for measures against prejudices and stereotypes, and the promotion of tolerance and inclusion. With specific reference to the Kanak population, the Committee trusts that the measures taken will enable greater access to education and training at all levels, non-precarious employment and the different occupations, as well as the exercise of traditional activities and the necessary resources to that end. It requests the Government to continue to provide detailed information on the measures taken in this regard, and their outcome.