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

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

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Article 1 of the Convention. Protection against discrimination. Prohibited grounds of discrimination. Legislation. The Committee notes that in response to its request concerning grounds of discrimination listed in Article 1(1)(a) of the Convention (colour and social origin), the Government indicates that the wording of section Lp. 112-1 of the Labour Code of New Caledonia has not been amended. The Government’s report also states that: (1) reflection and discussion on the incorporation of the grounds of “colour” and “social origin” will be held; and (2) no proceedings have been brought based on section L. 225-1 of the Criminal Code, which covers “physical appearance” and the “particular vulnerability arising out of the worker’s economic situation, which is supposed or known to the perpetrator of the discrimination” in the area of employment and occupation. The Committee recalls once again that, when legal provisions are adopted to give effect to the principle of the Convention, they must cover as a minimum all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee urges the Government to take the necessary measures, in consultation with the social partners, to include “colour” and “social origin” in the list of prohibited grounds of discrimination set out in section Lp. 112-1 of the Labour Code of New Caledonia. Noting that the report is silent in this regard, the Committee reiterates its request to the Government to examine the possibility of extending the list of prohibited grounds of discrimination under the Labour Code of New Caledonia in order to align it with the list of grounds of discrimination which are prohibited in metropolitan France under the Labour Code, and thus to provide the same legal protection to all workers against discrimination in employment and occupation in France.

Article 2. Non-discrimination and equality of opportunity and treatment for women and men. Legislative development and practical measures. The Committee notes that, according to the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), the study of the New Caledonian labour market reveals that: (1) women are concentrated in 12 of the 87 occupational groups, which implies significant inequality in terms of the distribution by sector of activity; (2) women are over-represented in the lowest paid jobs and represent up to 98 per cent of domestic workers, household helpers, assistants and secretaries; (3) although more women than men hold graduate degrees (after four years of further education), men enter the world of work more easily; (4) women’s career development is curbed and they have more difficulty in accessing positions of responsibility; (5) women face considerably higher job insecurity than men; and (6) women’s economic activity slows significantly when they start a family, as the parental responsibility seems to weigh more heavily on mothers. In this regard, the Committee welcomes the detailed information communicated by the Government on the actions and measures taken to encourage gender diversity in training, occupational guidance and employment, reconciliation between family life and work life (the 2021 Interoccupational Act and agreement on teleworking, awareness-raising of nursing in the workplace), women’s entrepreneurship and, more generally, women’s empowerment, in the provinces of New Caledonia. At the legislative level, the Committee notes with interest the adoption, on 26 May 2023, of Territorial Act No. 2023-3 promoting substantive occupational equality between women and men, setting forth that, in enterprises of more than 50 employees, the employer must carry out an annual assessment of compliance with the obligation of substantive occupational equality in his or her enterprise and establish a plan of action to this end. This plan, the results of which are evaluated each year, is intended to support women’s access to employment, particularly to positions of responsibility, close the wage gaps between women and men occupying equivalent posts, raise awareness of equality, combat gender stereotypes, encourage gender balance in employment and improve reconciliation between family life and work life. The Act also contains provisions on parenthood (specific provisions concerning pregnant women and leave for fathers or the second parent of 11 days). Noting this significant legislative advancement, the Committee requests the Government to take specific measures to ensure compliance with and dissemination of the new obligations relating to gender equality set forth in Territorial Act No. 2023-3 promoting substantive occupational equality between women and men, and to provide information on its implementation and its impact on vocational training and employment for women at all levels, including Kanake women. It also requests the Government to continue and intensify its efforts to raise awareness among workers, employers and their organizations, and society as a whole, of gender equality and non-discrimination in employment and occupation, including the need to tirelessly fight against gender stereotypes and occupational segregation between women and men in the labour market.

The Committee is raising other matters in a request addressed directly to the Government.