Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - French Polynesia

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 5(1) of the Convention. Effective tripartite consultations. In its comment in 2017, the Committee noted that tripartite consultations on international labour Conventions resumed in September 2015. The Committee notes that they have continued to be held on a regular basis. The Government indicates that the meetings were held on 23 August 2017 and 7 March 2019 and provides extracts of the reports of these tripartite meetings. The Committee recalls, however, that such consultations must be held at least once a year. The Committee requests the Government to continue providing up-to-date information on the subjects covered and outcome of tripartite consultations held on each of the matters relating to the international labour standards envisaged by the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee noted in its 2013 comment that there had been no consultations since 2009 on international labour Conventions owing to the economic crisis and the political instability in the country. The Committee notes with interest that tripartite consultations on international labour Conventions have been held once again since September 2015. In this regard, the Committee welcomes the information provided by the Government, including the extract from the report of the tripartite meeting held on 29 September 2015. The Committee requests the Government to continue providing updated information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by the Convention.

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

Effective tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2013. The Government reiterates that, since 2009, there have been no consultations on international labour Conventions owing to the economic crisis and the political instability in the country. The Committee reminds the Government that Article (5)(2) of the Convention provides that, in order to ensure adequate consideration of the matters to be discussed in tripartite consultations, the latter shall be undertaken at appropriate intervals fixed by agreement, but at least once a year. The Committee accordingly invites the Government to indicate the measures taken or envisaged to secure the resumption of effective and regular tripartite consultations on matters within the competence of French Polynesia, covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Effective tripartite consultations required by the Convention. The Committee notes the Government’s report for the period ending in December 2011. The Government reiterates that, since 2009, there have not been any consultations on international labour Conventions because of the economic crisis and political instability in the country. The Committee invites the Government to supply relevant information in its next report on effective tripartite consultations held on the issues covered by Article 5(1) of the Convention which fall within the competence of French Polynesia.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2010 direct request, which read as follows:

Repetition

Effective tripartite consultations required by the Convention. The Committee notes the Government’s brief report received in October 2009. The Government indicates that the organization of tripartite consultations comes within the competence of the Government of French Polynesia. It also points out that in 2008 no consultations were held owing to political instability and that consultations were planned for the second half of 2009. The Committee hopes that the Government’s next report will contain relevant information on effective tripartite consultations conducted on matters listed in Article 5(1) of the Convention that come within the competence of French Polynesia.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Effective tripartite consultations required by the Convention. The Committee notes the Government’s brief report received in October 2009. The Government indicates that the organization of tripartite consultations comes within the competence of the Government of French Polynesia. It also points out that in 2008 no consultations were held owing to political instability and that consultations were planned for the second half of 2009. The Committee hopes that the Government’s next report will contain relevant information on effective tripartite consultations conducted on matters listed in Article 5(1) of the Convention that come within the competence of French Polynesia.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee takes note of the information sent in the Government’s report received in August 2007. It notes in particular the tripartite consultation held in 28 June 2005 on the social partners’ observations regarding reports on the application of ratified Conventions. Despite the measures taken to enforce the provisions of the Convention in French Polynesia, the Government indicates that no tripartite consultations were held in 2006. Following changes in the Government of French Polynesia and the appointment of a new chief of the labour inspection service in December 2006, it was not possible to submit the reports to the social partners before sending them to the ILO, but the consultation should be held in the second half of July 2007. The Committee reminds the Government that the obligation under Article 5, paragraph 1(d), of the Convention pertains to consultations of the representative organizations which must be held during the preparation of the reports on the application of ratified Conventions, and must be clearly distinguished from the obligation to communicate these reports under article 23, paragraph 2, of the Constitution (General Survey of 2000, paragraph 92). The Committee hopes that the next report will contain detailed information on effective tripartite consultations held in French Polynesia on Article 5, paragraph 1(d), and each of the other subjects listed at Article 5, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

In reply to its direct request of 2004, the Committee notes with interest the information supplied by the Government on the tripartite meeting of 3 December 2003, in which general questions on the application of international labour Conventions in French Polynesia were discussed. The Government has also supplied information on the meeting held on 23 September 2004. The Committee hopes that the Government will continue to supply in its next reports detailed information on the tripartite consultations held in French Polynesia on matters covered by the Convention, including indications on the activities of the Global Tripartite Dialogue Body.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the report provided in September 2003 on the measures taken to give effect to the provisions of the Convention in French Polynesia. It notes with interest that, as of 2003, the Global Tripartite Dialogue Body will be used for consultation on matters relating to international labour Conventions, in accordance with Article 5 of the Convention. It also notes that the organization of the consultative body lies within the competence of French Polynesia. It hopes that the next report will contain detailed information on the tripartite consultations held in French Polynesia on the matters covered by the Convention, with an indication of the activities of the Global Tripartite Dialogue Body.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report again states that there are no procedures ensuring the consultations provided for in the Convention and that the ad hoc working group referred to in the previous report has not been set up. The Committee notes that a technical advisory committee on health and safety met to deal with the texts on the subject, some of which are relevant to the activities of the International Labour Organization, and observes that, although this constitutes progress, the essential provisions of the Convention are still not fully applied. It recalls that under Article 2, paragraph 1, of the Convention, member States are required to hold effective consultations on the subjects listed in Article 5, paragraph 1. The Committee trusts that the Government will take the necessary steps as soon as possible to bring its practice fully into conformity with the provisions of the Convention and hopes that the next report will show that substantial progress has been made in applying the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the brief information contained in the Government's report for the period ending 30 April 1997. It regrets that no text has yet been adopted concerning application of the Convention even though, in its previous report, the Government acknowledged the need to set up a special committee for the purpose. The Government attaches to its report a copy of the report on the application of the Convention for the period from 1 July 1990 to 30 June 1991, indicating that there have been no changes since then. In this connection, the Committee notes that the Government does not reply to the comments it has been making for many years on the need to hold tripartite consultations on the nature and form of the procedures set out in Article 2 of the Convention in order to provide effective tripartite consultations on the matters relating to the ILO standards activities set out in Article 5, paragraph 1. Consequently, the Committee requests the Government to hold tripartite consultations as soon as possible in order to bring its practice fully into conformity with the essential provisions of the Convention. It trusts that, in its next report, the Government will be able to provide full and detailed information on progress made to this end.

Nothing the observation made by the French Democratic Confederation of Labour (CFDT), the Committee requests the Government to indicate, as required by point VI of the report form, whether it has received any observations from representative organizations of employers and workers to whom the reports on application of the Convention are communicated.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee regrets that no text has yet been adopted concerning application of the Convention. It notes, however, that the Government deems it necessary to set up a special committee to this end.

In its previous reports, the Government stated that tripartite consultations were frequently held on various work-related matters but not on those set out in Article 5, paragraph 1, of the Convention and that consultation of employers' and workers' organizations would be held on this matter. In that regard, the Committee would like to recall that under Article 2, members which have ratified the Convention undertake to initiate procedures to provide effective tripartite consultations on the matters relating to the ILO standards activities set out in Article 5, paragraph 1, and that these procedures, when they have not yet been established, must be determined after consultation with representative organizations.

Accordingly, the Committee trusts that the Government will carry out its commitment to undertaking tripartite consultations on the nature and form of the procedures set out in Article 2 in order to implement them as soon as possible and to give effect to the provisions of the Convention. It would be grateful if the Government would inform the ILO of any progress made in this direction and supply in its next report complete and detailed information on consultations concerning the matters set out in Article 5, paragraph 1, including their frequency and results.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report in response to its previous comments.

It regrets that no text has yet been adopted concerning application of the Convention. It notes, however, that the Government deems it necessary to set up a special committee to this end.

In its previous reports, the Government stated that tripartite consultations were frequently held on various work-related matters but not on those set out in Article 5, paragraph 1, of the Convention and that consultation of employers' and workers' organizations would be held on this matter.

In that regard, the Committee would like to recall that under Article 2, members which have ratified the Convention undertake to initiate procedures to provide effective tripartite consultations on the matters relating to the ILO standards activities set out in Article 5, paragraph 1, and that these procedures, when they have not yet been established, must be determined after consultation with representative organizations.

Accordingly, the Committee trusts that the Government will carry out its commitment to undertaking tripartite consultations on the nature and form of the procedures set out in Article 2 in order to implement them as soon as possible and to give effect to the provisions of the Convention.

It would be grateful if the Government would inform the ILO of any progress made in this direction and supply in its next report complete and detailed information on consultations concerning the matters set out in Article 5, paragraph 1, including their frequency and results.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's indications in its report that it is planned to adopt regulations through which the provisions of the Convention could be respected in a more formal manner, and that the organizations of workers and of employers will be consulted to determine the most appropriate framework.

The Committee asks the Government to supply full information on developments in this respect, and in particular on the consultations referred to above.

The Committee also requests the Government to supply information on the consultations held on the matters set out in Article 5, paragraph 1, of the Convention and to describe the consultation procedures which exist between the representatives of the Government, of employers and of workers on these matters.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the report of the Government for the period ending 30 June 1990 and the reply to its 1989 and 1991 direct requests. The Committee notes further that, according to the report of the Government, membership on the Economic, Social and Cultural Council of French Polynesia includes, among others, representatives of unions, bodies and associations which play a role in the social, economic and cultural life of French Polynesia. The report of the Government states that such representatives are supposed to be competent to address all of the points listed at article 5, with the exception of those relating to occupational safety and health which are treated by the technical consultative committee.

In this connection, the Committee gathers that the Convention is implemented through practice and, more specifically, through the Economic, Social and Cultural Council and the technical consultative committee. Nevertheless, the Committee once again feels it appropriate to note that the information supplied does not enable it to ascertain to what extent effect is given to all or part of the provisions of the Convention concerning the territory. It hopes that the Government will be able to include full particulars on the matter in its forthcoming report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the Government's first report on the application of the Convention. The Committee gathers that the Convention is not implemented through legislation but by practice or, possibly, customary law. However, the information supplied does not enable it to ascertain to what extent effect is given to all or part of the provisions of the Convention concerning the territory. It hopes that the Government will be able to include full information on this matter in its next report.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the Government's first report on the application of the Convention. The Committee gathers that the Convention is not implemented through legislation but by practice or, possibly, customary law. However, the information supplied does not enable it to ascertain to what extent effect is given to all or part of the provisions of the Convention concerning the territory. It hopes that the Government will be able to include full information on this matter in its next report.