Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82) - French Polynesia

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Part III of the Convention. Improvement of standards of living and other social policy objectives. The Committee notes with interest the information provided by the Government on the points initially raised in 2014 regarding measures to improve the living standards of the French Polynesian population. The Government reports that Gross Domestic Product (GDP) at current prices in 2014 was growing. Wealth created rose two per cent in 2014 compared to 2013. The Committee notes the positive impact of the increase in GDP on the purchasing power of Polynesians. According to the reports, the average gross wage increased by 0.3 per cent in 2016. The Government adds that it implemented several measures aimed at promoting the creation of sustainable jobs and at boosting employment by enterprises. In particular, various economic aids were accorded to employers concluding open-ended contracts. These measures contributed to raising the employment index in the territory. The Committee requests the Government to continue to provide updated information on progress achieved in implementing social and economic policies covered by the provisions of the Convention applicable to French Polynesia, including statistical data disaggregated by sex and age, showing that the improvement of the living standards of the population is taken as the principal objective in the planning of economic development.

Part V of the Convention. Remuneration of workers and related questions. The Government indicates that the Polynesian inter-occupational guaranteed hourly minimum wage (SMIG) has been static since the last increase in October 2016. The Committee recalls that, under Article 14(1) of the Convention, “the fixing of minimum wages by collective agreements freely negotiated between trade unions which are representative of the workers concerned and employers or employers' organizations shall be encouraged”. The Committee requests the Government to provide information concerning the procedure for fixing the SMIG, including the frequency of the procedure and the date at which the next revision of the SMIG is envisaged, to ensure that it continues to provide workers with the minimum living income.

Part VII of the Convention. Vocational education and training. The Government indicates that under the framework agreement on the development of apprenticeship, an apprenticeship training committee has been put in place. This committee brings together the actors concerned with training of the State (the vice-rectorate) and of the Country (the General Directorate for Education and Training (DGEE) of the Ministry of Education). The Government also indicates that the reform of the work experience and occupational training systems is programmed. The work in progress proposes various training and work experience programmes and promotes dual training. In this connection, the Committee refers to the 2021 report of the Government of the French Republic, which addresses the measures taken to give effect to the provisions of the Convention in respect of French Polynesia. The report indicates that, with full respect for the competencies devolved to the non-metropolitan territories, the central State retains competence in the field of university teaching. Thus, the Committee notes that the University of French Polynesia (UPF) has put in place a university certificate entitled: “Tahitian language and Polynesian culture studies”. The Central Government also indicates that under the Foreign Languages, Literature and Civilizations BA programme (LLCER), the Polynesian languages course prepares students for careers in teaching and the tertiary sector related to Polynesian languages. The Committee requests the Government to provide information on the nature and results of the reforms and efforts made in the field of education with regard to the formulation and implementation of education and vocational training programmes, including statistical data disaggregated by sex and age, specifying the number of participants in the different occupational training and apprenticeship programmes.

Part VIII of the Convention. Miscellaneous provisions. The Committee recalls that, in the declaration of 21 July 1954, appended to the ratification of the Convention, the Government of the French Republic agreed that the provisions of the Convention applied to French Polynesia, subject to modifications to Articles 3(3); 4; 8(b) and 18(2) (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, pp. 371–372). The Government indicates in its report that the modifications made by France are no longer relevant, with the exception of those to Article 3(3). The Committee recalls that under Article 22(2), the Government may, by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration. This modification, in accordance with article 35(2) and (3) of the Constitution of the ILO, must be in the form of a declaration communicated to the Director-General of the International Labour Office. The Committee therefore requests the Government to consider the possibility of such a course of action, in conformity with Article 22(2) of the Convention and with Article 35(3) of the Constitution of the ILO.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 2 of the Convention. Social policy. The Committee notes that the Government refers in its report to the fluctuations in GDP over the period 2002–07, in the price index for the period 2004–06 and in overall average wages between 2002 and 2012. The Government adds that, during the period between July 2003 and June 2008, the interoccupational guaranteed minimum wage (SMIG) was raised by 32.1 per cent. The Government also reports the adoption of a number of social measures relating principally to labour law. These measures are of a legislative nature, with the texts adopted in the fields covered by the Convention mainly consisting of provisions on vocational training, apprenticeship and non-discrimination. The Committee requests the Government to continue to report on the policies designed to apply a social policy primarily directed to the economic development of French Polynesia.

Articles 18(2) and 23. Abolition of discrimination. Wage rates. The Government reiterates the explanations provided in August 2008 concerning the modifications notified at the time of the ratification of the Convention by the French Republic (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, pp. 371–2). With regard to the modification of Article 18(2), concerning the diminution of differences in wage rates due to discrimination, while noting the Government’s statement concerning its wish to maintain the respective modifications, the Committee considered previously that the content of this provision of Convention No. 82 already appeared to be covered by the matters raised in its direct requests relating to the Equal Remuneration Convention, 1951 (No. 100). The Committee invites the Government to keep the Office informed of any decision concerning the application of the provisions of the Convention and, in particular, to specify whether changes in local conditions have in practice made it possible to renounce the modifications relating to Article 3(3) and to Articles 4, 8(b) and 18(2) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Social policy. The Committee notes that the Government refers in its report to the fluctuations in GDP over the period 2002–07, in the price index for the period 2004–06 and in overall average wages between 2002 and 2012. The Government adds that, during the period between July 2003 and June 2008, the interoccupational guaranteed minimum wage (SMIG) was raised by 32.1 per cent. The Government also reports the adoption of a number of social measures relating principally to labour law. These measures are of a legislative nature, with the texts adopted in the fields covered by the Convention mainly consisting of provisions on vocational training, apprenticeship and non-discrimination. The Committee requests the Government to continue to report on the policies designed to apply a social policy primarily directed to the economic development of French Polynesia.

Articles 18(2) and 23. Abolition of discrimination. Wage rates. The Government reiterates the explanations provided in August 2008 concerning the modifications notified at the time of the ratification of the Convention by the French Republic (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, pp. 371–2). With regard to the modification of Article 18(2), concerning the diminution of differences in wage rates due to discrimination, while noting the Government’s statement concerning its wish to maintain the respective modifications, the Committee considered previously that the content of this provision of Convention No. 82 already appeared to be covered by the matters raised in its direct requests relating to the Equal Remuneration Convention, 1951 (No. 100). The Committee invites the Government to keep the Office informed of any decision concerning the application of the provisions of the Convention and, in particular, to specify whether changes in local conditions have in practice made it possible to renounce the modifications relating to Article 3(3) and to Articles 4, 8(b) and 18(2) of the Convention.

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

The Committee notes the Government’s report received in August 2008 in reply to the direct request of 2005. The Government includes an explanation concerning the scope of modifications notified at the time of ratification of the Convention by France relating to the application of Articles 3(3), 4, 8(b) and 18(2) of the Convention (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, pages 371–372). The Government indicates that it wishes to maintain the modifications brought in to Article 3(3) and Article 18(2) of Convention No. 82, but would accept to discuss the continuation of the modifications to Articles 4 and 8(b). The Government considers that the modifications to Article 3(3) should be maintained since they enable the situation to be avoided where technical and financial assistance from the central administration remains merely optional. However, it indicates that, in view of the autonomy in the performance of their duties now enjoyed by civil servants in the administration of French Polynesia, the modifications to Article 4 are not relevant to the current situation. According to the Government, these modifications sought to prevent the initiatives referred to in Article 4 of the Convention being concerned with the political functioning of the public services. In addition, the Government indicates that the continuation of the amendment to Article 8(b), which is designed to reiterate the importance of the balance between constraints on economic developments in general (particularly tourism), links with the land and agricultural development, merits discussion in so far as the constraints relating to balanced and sustainable development are currently at the focus of public action. As regards the modifications to Article 18(2), the Government maintains that they are necessary because the provision of the Convention would clash with the content of section 2 of Act No. 86‑845 of 17 July 1986 relating to the general principles of labour law and to the organization and functioning of the labour inspectorate and labour tribunals in French Polynesia, which provides, inter alia, that “origin, sex, pregnancy, family situation, membership or non-membership of an ethnic group, political opinion, trade union activity and religious convictions may not be taken into consideration with regard to an offer of employment, recruitment or a contract of employment” and that “any provision or act to the contrary shall be deemed null and void”. The Committee recalls that, under the terms of Article 18(2) of the Convention, “all practicable measures shall be taken to lessen, by raising the rates applicable to the lower paid workers, any existing differences in wage rates due to discrimination by reason of race, colour, sex, belief, tribal association or trade union affiliation”. In no way does this seek to authorize any kind of discrimination; on the contrary, it aims to reduce the differences in wage rates which might result from any discrimination that could continue to exist despite the prohibition. In this respect, the Committee recalls that it recognized in its General Survey on equal remuneration (ILC, 72nd Session, 1986) that “the incorporation of the principle of equal remuneration into national law … is an important undertaking to ensure its application to all workers within the scope of the law” but that “further steps are, however, needed to translate the principle into practice”. Hence, even though section 2 of Act No. 86-845 of 17 July 1986 prohibits any form of discrimination in an employment relationship, inequalities may continue, as borne out by the direct request of 2005 on the application of the Equal Remuneration Convention, 1951 (No. 100), in French Polynesia, in which the Committee noted the information supplied by the Government indicating that the hourly wage for women was lower than that for men in all age groups. In addition, the Committee observes that section 17 of Act No. 86-845 of 17 July 1986 recognizes the continuing existence of certain inequalities despite the prohibition on discrimination since it provides for the possibility of taking temporary measures “solely for women with the intention of establishing equality of opportunity for men and women, particularly by rectifying de facto inequalities which affect opportunities for women”. Finally, even though the Government states that it wishes to maintain the modifications concerning Article 18(2), the Committee notes that the content of this provision of Convention No. 82 already appears to be covered by the matters raised in the direct request relating to Convention No. 100. The Committee requests the Government to continue to report on the policies designed to apply a social policy primarily directed to the economic development of French Polynesia (Article 2 of the Convention) and to state whether changes in local conditions have actually made it possible to renounce the modifications to Articles 4 and 8(b) of the Convention.

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

1. The Committee notes that, according to the report received in May 2004, it is the responsibility of the Government of French Polynesia to give effect to the provisions of Parts III, IV, V, VI and VII of the Convention. In relation to this development, the Committee hopes that the authorities of French Polynesia will continue to provide reports on policies intended to apply a social policy primarily directed to the well-being and economic development of the people of French Polynesia (Article 2 of the Convention).

2. With reference to its observation of 2001, the Committee recalls its request to be informed of any amendment to Decision No. 2000-130 APF of 26 October 2000 on the occupation of professional divers and establishing specific protection measures applicable to certain workers intervening in a hyperbaric environment and the organization of their vocational training.

3. Article 23. When ratifying the Convention, the Republic of France indicated that the provisions of the Convention were applicable with modifications in relation to Article 3, paragraph 3; Article 4; Article 8(b); and Article 18, paragraph 2 (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, pp. 371-372). Please indicate in the next report whether the above modifications are necessary, and provide the information available on any local conditions which may give rise to the maintenance of these modifications.

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

The Committee notes the information supplied by the Government in its report. The Committee recalls its previous observations, in which it requested the Government to take all appropriate measures to bring the territorial regulations into conformity with the requirements of the Convention, pursuant to the recommendations of the committee of the Administrative Council, put in charge of the examination of the representation made by the Federation of World Trade Unions (FSM) in virtue of article 24 of the Constitution, which alleged non-observance of this Convention by France. In its reply, the Government indicates that Order No. 686/CM of 2 June 1987 fixing the conditions for the organization and financing of professional diving, and Decision No. 87-79 AT of 12 June 1987 fixing the particular measures of protection applicable to divers, will be repealed on 1 December 2001, the date on which Decision No. 2000-130 APF of 26 October 2000 on the occupation of professional divers, on the particular measures of protection applicable to workers, who intervene in a hyperbaric environment, as well as on the organization of their vocational training, will enter into force.

The Committee notes with interest that this Decision provides a new diploma for professional diving composed of four categories, which correspond to those in force in metropolitan France. The Committee also notes that this new classification abolishes the discriminating effect of the old one, which did not recognize the qualifications of professional divers of Polynesian origin in metropolitan enterprises established on the territory of French Polynesia. Besides, the Committee notes that the new Decision introduces a system of diver training, the safety provisions of which are adapted to the requirements of professional diving, distinct and stricter than those for amateur diving. Nevertheless, the Committee notes that, according to its indications in its last report, the Government considers the text of the Decision not to be in conformity with the general principles of labour law and has accordingly referred this Decision to the competent jurisdiction for the purpose of repealing some of its provisions. In this respect, the Committee requests the Government to specify the provisions in question and to inform it of any development concerning the revision procedure of this Decision on the occupation of professional divers.

The Committee finally notes Order No. 98-5222 of 24 June 1998 on the actualization and adaptation of the labour law in territories, communities and departments overseas, which completes the Outline Law No. 86-845 of 17 July 1986 fixing the general principles of labour law in French Polynesia. It asks the Government to continue to supply, in accordance with Part V of the report form, information on the application of the Convention, including, for instance, extracts of official reports, copies of collective agreements or decisions of conciliatory bodies, as well as information on any practical difficulty faced in the application of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Committee notes that, at its 265th Session (March 1996), the Governing Body adopted the report of the Committee set up to examine the representation made by the World Federation of Trade Unions (WFTU) under article 24 of the ILO Constitution, alleging non-observance by France of the Labour Inspection Convention, 1947 (No. 81) and the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82). The allegations concerned the content and application of regulations on the training, certification and safety prescriptions (diving schedules) that are applicable to underwater divers employed on pearl farms, which were adopted by the authorities of French Polynesia in 1987. In its representation, the WFTU considered that, in view of the number of permanent disabilities or deaths among divers, these regulations were inadequate and deficient. In addition, they were discriminatory in that they barred divers trained in French Polynesia from access to employment in companies coming under the regulations of metropolitan France. In accordance with the recommendations set out in the above-mentioned report, the Government is asked to take all appropriate measures to ensure that the territorial regulation, the need for whose revision has been recognized, is brought into conformity with the requirements of Convention No. 82, inter alia by eliminating provisions that can result in indirect discrimination and by aligning training strictly with the requirements of professional diving. The Government is also asked to provide, in its reports on the application of the Convention, detailed information on the adoption of the laws and regulations to which it referred during the above procedure, in order to ensure the health and safety of professional divers in the territory of French Polynesia.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 1999.]

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Committee notes that, at its 265th Session (March 1996), the Governing Body adopted the report of the Committee set up to examine the representation made by the World Federation of Trade Unions (WFTU) under article 24 of the ILO Constitution, alleging non-observance by France of the Labour Inspection Convention, 1947 (No. 81) and the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82). The allegations concerned the content and application of regulations on the training, certification and safety prescriptions (diving schedules) that are applicable to underwater divers employed on pearl farms, which were adopted by the authorities of French Polynesia in 1987. In its representation, the WFTU considered that, in view of the number of permanent disabilities or deaths among divers, these regulations were inadequate and deficient. In addition, they were discriminatory in that they barred divers trained in French Polynesia from access to employment in companies coming under the regulations of metropolitan France. In accordance with the recommendations set out in the above-mentioned report, the Government is asked to take all appropriate measures to ensure that the territorial regulation, the need for whose revision has been recognized, is brought into conformity with the requirements of Convention No. 82, inter alia by eliminating provisions that can result in indirect discrimination and by aligning training strictly with the requirements of professional diving. The Government is also asked to provide, in its reports on the application of the Convention, detailed information on the adoption of the laws and regulations to which it referred during the above procedure, in order to ensure the health and safety of professional divers in the territory of French Polynesia.

The Committee asks the Government to make every effort to take the necessary action in the very near future.

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

The Committee notes that, at its 265th Session (March 1996), the Governing Body adopted the report of the Committee set up to examine the representation made by the World Federation of Trade Unions (WFTU) under article 24 of the ILO Constitution, alleging non-observance by France of the Labour Inspection Convention, 1947 (No. 81) and the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82). The allegations concerned the content and application of regulations on the training, certification and safety prescriptions (diving schedules) that are applicable to underwater divers employed on pearl farms, which were adopted by the authorities of French Polynesia in 1987. In its representation, the WFTU considered that, in view of the number of permanent disabilities or deaths among divers, these regulations were inadequate and deficient. In addition, they were discriminatory in that they barred divers trained in French Polynesia from access to employment in companies coming under the regulations of metropolitan France.

In accordance with the recommendations set out in the above-mentioned report, the Government is asked to take all appropriate measures to ensure that the territorial regulation, the need for whose revision has been recognized, is brought into conformity with the requirements of Convention No. 82, inter alia by eliminating provisions that can result in indirect discrimination and by aligning training strictly with the requirements of professional diving. The Government is also asked to provide, in its reports on the application of the Convention, detailed information on the adoption of the laws and regulations to which it referred during the above procedure, in order to ensure the health and safety of professional divers in the territory of French Polynesia.

[The Government is asked to report in detail in 1997.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that at its 261st Session (November 1994) the Governing Body set up a tripartite committee to examine a representation made by the World Federation of Trade Unions (WFTU) under article 24 of the Constitution, alleging non-observance by France of Conventions Nos. 81 and 82.

In accordance with its normal practice, the Committee is suspending its comments on the application of the Convention until the Governing Body adopts the conclusions and recommendations of the above tripartite committee.