Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - French Southern and Antarctic Territories

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

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The Committee notes the observations of the General Confederation of Labour – Force ouvrière (CGT-FO) dated 15 November 2022.

Articles 1–3 of the Convention. Protection of seafarers against discrimination on all the grounds set forth in the Convention. The Committee notes the Government’s repeated indication that: (1) since May 2007, Act No. 2005-412 of 3 May 2005 on the establishment of the French International Register (RIF) has prohibited the registration of commercial vessels in the register of the French Southern and Antarctic Territories (TAAF); (2) the fleet registered in the TAAF now only consists of a few fishing vessels; (3) the publication of the legislative part of the Transport Code (applicable since 1 December 2010), codifying maritime labour law, has clarified the labour regulations applicable to the residual fleet registered in these territories; and (4) the provisions giving effect to the Convention are contained in sections 225-1 and 225-2 to 225-4 of the Penal Code. The Government explains that the penal laws and regulations are automatically fully applicable to the TAAF pursuant to section 1-1 of the Act of 6 August 1955 as amended by section 18 of Act No. 2011-334 of 29 March 2011.

The Committee notes that section 225-1 of the Penal Code provides as follows: “Discrimination comprises any distinction applied between natural persons by reason of their origin, sex, family situation, pregnancy, physical appearance, family name, place of residence, state of health, disability, genetic characteristics, morals, sexual orientation or identity, age, political opinions, trade union activities, or their membership or non-membership, actual or presumed, of a given ethnic group, nation, race or religion.” Discrimination also comprises any distinction applied between legal persons on the same grounds. The Committee also notes that section 225-2(2), (3) and (5) of the Penal Code provides as follows: “Discrimination committed against a natural or legal person shall be punished by three years’ imprisonment and a fine of 45,000 euros (€) where it consists of: […] (2) obstructing the normal exercise of any economic activity; (3) refusing to hire, to sanction or to dismiss a person; (5) subjecting an offer of employment, an application for a work placement or a training period in an enterprise to a condition based on one of the factors referred to under section 225-1 or 225-1-1”. The Committee requests the Government to provide information on the application in practice of sections 225-1 and 225-2 of the Penal Code, including on appeals relating to discrimination lodged against the owners of ships registered in the TAAF and on the measures taken in cooperation with the social partners to inform seafarers of their rights under the Convention. The Committee also requests the Government to clarify whether direct and indirect discrimination are covered by these provisions.

The Committee notes that, according to the observations of the CGT-FO, even though the Act of 6 August 1955 transposed the penal regulations relating to discrimination in the TAAF, the whole of the documentation provided does not make the status of contractual employees entirely clear. The CGT-FO indicates that contractual employees seem to be subject both to the regime established by the Act of 15 December 1952 – establishing a Labour Code in the French Southern and Antarctic Territories, providing for a derogation from statutory labour legislation – but also to that of the Act of 6 August 1955 (referring to the transposition of the rules relating to the status of public employees in the TAAF). Given that contractual employees are subject to an appointment process, the CGT-FO suggests that this confusion over the applicable legal basis regarding rules on non-discrimination constitutes a lack of legal certainty that may have an impact on the effectiveness of action against discrimination at the time of recruitment. The Committee requests the Government to clarify the legislation applicable to contractual employees, specifying in more detail the provisions prohibiting discrimination and aimed at ensuring equal opportunities and treatment for the latter.

Article 1(2). Inherent requirements of a particular job. The Committee notes that, under section 225-3 of the Penal Code, the prohibition on discrimination does not apply to: “(1) discrimination based on state of health, when it consists of operations aimed at prevention and coverage of the risk of death, risks to the physical integrity of the person, or the risk of incapacity to work or invalidity. However, when discrimination is based on the consideration of predictive genetic tests relating to an illness that has not yet been diagnosed or genetic predisposition towards an illness, such discrimination shall be punished […]; (2) discrimination based on state of health or disability, if it consists of a refusal to hire or dismiss based on a medically established incapacity, according to the provisions either of title IV of book II of the Labour Code or of the laws issuing statutory provisions relating to the civil service; (3) recruitment discrimination based on sex, age or physical appearance, where such a ground of discrimination constitutes an essential and determining factor in occupational terms and provided that the objective is legitimate and the requirement is proportional; (5) refusal to hire on the grounds of nationality when this results from the application of statutory provisions relating to the civil service; (6) discrimination linked to place of residence when the person responsible for supplying a good or service is in a situation of manifest danger. Measures taken in favour of persons residing in certain geographical areas and intended to promote equal treatment shall not constitute discrimination". The Committee requests the Government to provide information on the manner in which section 225-3 of the Penal Code is applied in practice, giving specific examples of authorized exceptions.

Application of the principle of equality of opportunity and treatment by collective agreements.The Committee requests the Government to send copies of collective agreements concluded regarding employment regulations for seafarers and working conditions on ships registered in the TAAF so that it can assess whether the Convention is applied.

Statistics. The Committee requests the Government to provide: (i) statistics disaggregated by sex, origin and function relating to crew members of ships registered in the TAAF, including the number of contractual employees; and (ii) information on inspections carried out on the aforementioned ships and, if applicable, on violations recorded by labour inspectors and penalties actually imposed.

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 previous direct request, which read as follows:

Repetition

The Committee notes that, following the transfer of the commercial vessels registered in the TAAF and their registration in the French International Register (RIF) during the period ending May 2007, only seven fishing vessels and one fishing surveillance vessel employing around 197 workers (including 79 non-nationals and non-residents) are still registered in the TAAF. It also notes that, since 1 January 2009, the labour inspectorate has been competent for the maritime sector and that the labour inspectorate of the Department of Réunion is therefore responsible for enforcing the labour legislation on board these vessels.

Taking into account these developments and the prospect of France ratifying the Work in Fishing Convention, 2007 (No. 188), mentioned by the Government in its report, the Committee would be grateful if the Government would indicate the legal framework applicable (laws, regulations and collective agreements) to the conditions of employment and working and living conditions of the staff, whether nationals, residents or otherwise, employed on board the vessels still registered in the TAAF, including, in particular, the provisions prohibiting discrimination and ensuring equal opportunity and treatment. The Government is also requested to provide information on any measures taken to inform the workers concerned of their rights under this Convention as well as on the inspections carried out on the abovementioned vessels, any violations noted by labour inspectors and the penalties actually imposed relating to discrimination on one of the grounds listed in Article 1(1)(a) of the Convention or on any other grounds prohibited by the applicable labour legislation and the Penal Code.

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

The Committee notes that, following the transfer of the commercial vessels registered in the TAAF and their registration in the French International Register (RIF) during the period ending May 2007, only seven fishing vessels and one fishing surveillance vessel employing around 197 workers (including 79 non nationals and non residents) are still registered in the TAAF. It also notes that, since 1 January 2009, the labour inspectorate has been competent for the maritime sector and that the labour inspectorate of the Department of Réunion is therefore responsible for enforcing the labour legislation on board these vessels.

Taking into account these developments and the prospect of France ratifying the Work in Fishing Convention, 2007 (No. 188), mentioned by the Government in its report, the Committee would be grateful if the Government would indicate the legal framework applicable (laws, regulations and collective agreements) to the conditions of employment and working and living conditions of the staff, whether nationals, residents or otherwise, employed on board the vessels still registered in the TAAF, including, in particular, the provisions prohibiting discrimination and ensuring equal opportunity and treatment. The Government is also requested to provide information on any measures taken to inform the workers concerned of their rights under this Convention as well as on the inspections carried out on the abovementioned vessels, any violations noted by labour inspectors and the penalties actually imposed relating to discrimination on one of the grounds listed in Article 1(1)(a) of the Convention or on any other grounds prohibited by the applicable labour legislation and the Penal Code.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret 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:

1. Articles 1–3 of the Convention. Protection of seafarers against discrimination on all the grounds set forth in the Convention. Despite longstanding requests for information on this point, the Committee notes with regret that the Government’s report again fails to provide information on the manner in which it ensures the protection of both national and foreign seafarers against discrimination in recruitment and conditions of employment on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin. The Committee recalls that the Convention requires the Government to adopt educational and administrative measures to prevent discrimination on the grounds set forth in the Convention and to promote equality of opportunity and treatment in law and in practice. Noting that no complaints alleging discrimination have been submitted by seafarers serving in the TAAF against shipowners managing vessels registered on these territories, the Committee asks the Government to indicate what it is doing, in cooperation with the social partners, to inform national and foreign seafarers of their rights related to the Convention.

2. Application of the principle of equality of opportunity and treatment by collective agreements. The Committee reiterates its request to the Government to send copies of the collective agreements concluded for the sector so that it can examine whether the Convention is applied.

3. Part V of the report form. Statistics. Recalling the importance of statistical information in the evaluation of inequalities in the labour market and the development of strategies to address these inequalities, the Committee hopes that the Government’s next report will include statistical data, disaggregated by sex and origin of the crews on ships registered in the Territories.

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

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:

1. Articles 1–3 of the Convention. Protection of seafarers against discrimination on all the grounds set forth in the Convention. Despite longstanding requests for information on this point, the Committee notes with regret that the Government’s report again fails to provide information on the manner in which it ensures the protection of both national and foreign seafarers against discrimination in recruitment and conditions of employment on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin. The Committee recalls that the Convention requires the Government to adopt educational and administrative measures to prevent discrimination on the grounds set forth in the Convention and to promote equality of opportunity and treatment in law and in practice. Noting that no complaints alleging discrimination have been submitted by seafarers serving in the TAAF against shipowners managing vessels registered on these territories, the Committee asks the Government to indicate what it is doing, in cooperation with the social partners, to inform national and foreign seafarers of their rights related to the Convention.

2. Application of the principle of equality of opportunity and treatment by collective agreements. The Committee reiterates its request to the Government to send copies of the collective agreements concluded for the sector so that it can examine whether the Convention is applied.

3. Part V of the report form. Statistics. Recalling the importance of statistical information in the evaluation of inequalities in the labour market and the development of strategies to address these inequalities, the Committee hopes that the Government’s next report will include statistical data, disaggregated by sex and origin of the crews on ships registered in the Territories.

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

1. Articles 1 to 3 of the Convention. Protection of seafarers against discrimination on all the grounds set forth in the Convention. Despite longstanding requests for information on this point, the Committee notes with regret that the Government’s report again fails to provide information on the manner in which it ensures the protection of both national and foreign seafarers against discrimination in recruitment and conditions of employment on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin. The Committee recalls that the Convention requires the Government to adopt educational and administrative measures to prevent discrimination on the grounds set forth in the Convention and to promote equality of opportunity and treatment in law and in practice. Noting that no complaints alleging discrimination have been submitted by seafarers serving in the TAAF against shipowners managing vessels registered on these territories, the Committee asks the Government to indicate what it is doing, in cooperation with the social partners, to inform national and foreign seafarers of their rights related to the Convention.

2. Application of the principle of equality of opportunity and treatment by collective agreements. The Committee reiterates its request to the Government to send copies of the collective agreements concluded for the sector so that it can examine whether the Convention is applied.

3. Part V of the report form. Statistics. Recalling the importance of statistical information in the evaluation of inequalities in the labour market and the development of strategies to address these inequalities, the Committee hopes that the Government’s next report will include statistical data, disaggregated by sex and origin of the crews on ships registered in the Territories.

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

1. Article 1(a) of the Convention. Definition of discrimination. The Committee once again notes the Government’s statement that there have been no legislative amendments with respect to seafarers and that there is no discrimination on the grounds of ethnicity, sex, age or status between national and foreign seafarers. The Committee hopes the Government will ensure that no discrimination exists in practice on any of the grounds listed in the Convention.

2. Part I of the report form. Collective agreements. The Committee notes that collective agreements have been entered into between the representative employers’ and employees’ organizations and that these agreements primarily regulate both the work and social arrangements on board ships registered in the Territories. The Committee requests the Government to send copies of the collective agreements for its consideration of the application of the Convention.

3. Part V of the report form. Statistical information. The Committee reiterates its requests that the Government provide statistical information on the nationalities of crews on ships registered in the Territories and the wage levels applied.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 notes the Government’s brief report on the French Southern and Antarctic Territories.

The Committee notes the Government’s statement that there are no legislative amendments with respect to seafarers and that there is no discrimination on the grounds of ethnicity, sex, age or status between national and foreign seafarers. In this respect, the Committee is bound to reiterate that the prohibited grounds of discrimination under Article 1, paragraph (1)(a), of the Convention are: race, colour, sex, religion, political opinion, national extraction or social origin, and any other grounds that may be specified after consultation with the representative employers’ and workers’ organizations in accordance with the provisions of Article 1, paragraph 1(b). The Committee requests the Government to provide information with its next report on the measures adopted or envisaged to promote the principle of equal treatment in employment and occupation in the French Southern and Antarctic Territories. It also hopes that the Government will provide statistical information requested earlier on the nationalities of crews on ships registered in the Territories and the wage levels applied.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s brief report on the French Southern and Antarctic Territories.

The Committee notes the Government’s statement that there are no legislative amendments with respect to seafarers and that there is no discrimination on the grounds of ethnicity, sex, age or status between national and foreign seafarers. In this respect, the Committee is bound to reiterate that the prohibited grounds of discrimination under Article 1, paragraph (1)(a), of the Convention are: race, colour, sex, religion, political opinion, national extraction or social origin, and any other grounds that may be specified after consultation with the representative employers’ and workers’ organizations in accordance with the provisions of Article 1, paragraph 1(b). The Committee requests the Government to provide information with its next report on the measures adopted or envisaged to promote the principle of equal treatment in employment and occupation in the French Southern and Antarctic Territories. It also hopes that the Government will provide statistical information requested earlier on the nationalities of crews on ships registered in the Territories and the wage levels applied.

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

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 notes that, since 1992, following observations made by trade union organizations, the Committee has sought assurances from the Government that the distinctions in remuneration are not made on the basis of any of the grounds covered under the Convention. The Committee recalls that it has noted that the differences between the wages of French seafarers and those of other nationalities is not covered by any of the specified grounds in the Convention if based on the ground of foreign nationality, unless that ground has been specified as being covered by the Convention in accordance with Article 1, paragraph 1(b). The Committee has also pointed out that the Convention extends to foreign nationals’ protection against any discrimination based on one of the criteria set out in Article 1, paragraph 1(a), including race, national extraction, colour and religion, and on any other grounds that may be specified after consultation with the representative employers’ and workers’ organizations in accordance with the provisions of paragraph 1(b) of the same Article.

The Committee requests the Government to provide information on the manner in which the application of the Convention is ensured to protect both national and foreign seafarers against discrimination in their recruitment and terms and conditions of employment in accordance with Article 1. Please include statistical information on the composition of the seafarers on board ships registered in the Territories and wage levels.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that, since 1992, following observations made by trade union organizations, the Committee has sought assurances from the Government that the distinctions in remuneration are not made on the basis of any of the grounds covered under the Convention. The Committee recalls that it has noted that the differences between the wages of French seafarers and those of other nationalities is not covered by any of the specified grounds in the Convention if based on the ground of foreign nationality, unless that ground has been specified as being covered by the Convention in accordance with Article 1, paragraph 1(b). The Committee has also pointed out that the Convention extends to foreign nationals' protection against any discrimination based on one of the criteria set out in Article 1, paragraph 1(a), including race, national extraction, colour and religion, and on any other grounds that may be specified after consultation with the representative employers' and workers' organizations in accordance with the provisions of paragraph 1(b) of the same Article.

The Committee requests the Government to provide information on the manner in which the application of the Convention is ensured to protect both national and foreign seafarers against discrimination in their recruitment and terms and conditions of employment in accordance with Article 1. Please include statistical information on the composition of the seafarers on board ships registered in the Territories and wage levels.

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

1. The Committee notes that since 1992, following the observations made by trade union organizations, it has requested the Government to clarify the meaning of the term "origin" -- used in section 91 of Act No. 52-1322 of 15 December 1952 introducing a Labour Code in the territories and associated territories under the French Overseas Ministry, in the following context: "In equal conditions of work, vocational training and output, wages shall be equal for all workers, irrespective of their origin, sex, age and status, subject to the conditions provided for in this section". The Committee wished to know whether the term "origin" also covers nationality, given the information provided concerning the differences in wages between French seamen and those of other nationalities such as Indians or Filipinos. The Committee notes Decree No. 97-243 of 14 March 1997, provided by the Government, which defines the classes of vessels eligible for registration in the TAAF territories, pursuant to section 26 of Act No. 9-151 of 26 February 1996 relating to transport; it also notes the Government's statement that "differences in wage levels reflect differences in hierarchical levels, contractual obligations and responsibility, and wages are also based on the living standards of the countries in which crew members are resident". It also notes the new comments made by the French Democratic Confederation of Labour (CFDT), reiterating its view that the Kerguelen register is a violation of the Convention.

2. The Committee notes that, according to the Government's report, between 1 January 1995 and 1 January 1997 the number of vessels registered in the TAAF increased from 99 to 161 (a rise of around 62 per cent) and the number of posts for officers and seamen serving on board these vessels increased from 1,525 (including 833 French nationals) to 3,600 (including 1,200 French nationals). It also notes that to date no complaints have been made by seamen serving in the TAAF against shipowners managing vessels registered on these territories alleging discrimination in maritime employment. Consequently, the Committee would be grateful if the Government would indicate the measures in force designed to inform crew members -- of any origin -- of their rights in relation to this Convention.

3. Finally, noting the absence of a response to its previous direct requests concerning the application of the Convention to workers excluded from the scope of the Overseas Labour Code (in particular, permanent employees of the TAAF administration), the Committee would be grateful if the Government would provide copies of all relevant legislative and regulatory texts.

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

1. The Committee notes the Government's report supplying a copy of the Act on transport of 26 February 1996 as well as the explanation that, following the 1995 decision of the Conseil d'Etat, the 1987 Order on the registration of vessels in these Territories is nullified. It also notes the information supplied by the Government representative to the Conference Committee in 1996, as well as the comments of the National Federation of Maritime Trade Unions (FNSM), dated 10 January 1996, and of the French Democratic Confederation of Labour (CFDT), dated 9 October 1996, which recall their previous comments concerning the non-application of certain Conventions, including Convention No. 111, to French vessels registered in these Territories. It has emerged from past discussions that the difference in salary levels was based on the origin of the seafarers on board such ships.

2. In this respect, the Committee notes that the Government recognizes the existence of different wage levels between French seafarers and those from certain other countries. The Government specifies that, on the one hand, these gaps are due to the different levels of hierarchy, contractual obligations and responsibilities and, on the other hand, that the wages integrate the standard of living in the countries where the crew reside. The Committee recalls that section 91 of the Overseas Labour Code provides for equal remuneration irrespective of, inter alia, the worker's "origin". The Committee notes also the Government's statement during the discussion in the Conference that this drafting was very close to the wording of Convention No. 111. The Committee accordingly requests the Government to indicate whether the term "origin" is understood to refer exclusively to nationality, or whether it covers other concepts as well. Please indicate in particular the countries of residence of those seafarers who receive lower wages than French seafarers in this connection.

3. In the absence of a reply to its previous direct requests concerning how the principle of the Convention is applied to workers who are excluded from the scope of the Overseas Labour Code (in particular, permanent public servants employed in the TAAF administration), the Committee would appreciate receiving from the Government copies of any relevant legislative texts and regulations.

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

The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1(a). The Committee notes that the Overseas Labour Code applicable in the French Southern and Antarctic Territories (TAFF) prohibits discrimination on grounds of origin, sex, age and status (section 91) and the worker's opinions and trade union activities or membership/non-membership (section 42). Could the Government clarify that the reference to "opinions" covers religious beliefs and/or political opinion? Could the Government also indicate how the other grounds of prohibited discrimination in employment are covered in the TAFF, namely race, colour national extraction? On this latter ground, the Committee recalls that the reference to "origin" in section 91 appears to have been accepted as a reference to national extraction in the discussions concerning the employment of foreign seafarers in past observations.

In addition, the Committee notes that the Overseas Labour Code does not apply to permanent public servants employed in the TAFF administration. It accordingly requests the Government to inform it of the legislation, administrative regulations, etc. which are relevant to the implementation of the principle of this Convention for public servants.

Article 2. Could the Government please supply further details as requested in the report form concerning specific measures taken to promote equality of opportunity and treatment with a view to eliminating discrimination in (a) access to vocational training; and (b) access to employment and particular occupations?

Article 3. Could the Government supply the information requested in the report form regarding paragraphs (a), (b), (c), (d) and (e) of this Article?

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

1. With reference to its previous observations, the Committee has noted the comments made by the National Federation of Maritime Trade Unions (FNSM) sent by letter of 9 August 1994, and repeated in a letter of 17 January 1995, which recall that the situation of foreign seamen employed on board French ships registered in the French Southern and Antarctic Territories has not improved and has even worsened so that they continue to be subject to discrimination on the basis of their nationality, in contradiction particularly with Article 1, paragraph 1(b), of the Convention. The Committee has also noted the observations of the French Democratic Confederation of Labour (CFDT) dated 13 January 1995 stating that different salaries are paid for equal work on the basis of the contract and country of origin of seafarers working on ships registered in the French Southern and Antarctic Territories.

2. In a general observation of 1995, the Committee noted that, in its reply received on 20 February 1995, the Government reiterated its previous statement that the provisions of Act No. 52-1322 of 15 December 1952 issuing an Overseas Labour Code are applicable to such seafarers, whatever their nationality, along with the standards contained in the ILO Conventions, specifically Convention No. 111, which are implemented directly under the Constitution. The Committee noted that the dispute between the FNSM and the administration responsible for the merchant navy on the legality of Decree No. 87-190 of 20 March 1987 pertaining to the registration of vessels in the French Southern and Antarctic Territories, amended most recently by Decree No. 93-979 of 4 August 1993, had been brought before the Conseil d'Etat of the Republic and that the Committee would be informed of the situation as soon as it was known regarding the legality of that registration and its conformity with the Conventions ratified. The Committee notes that a Bill to modernize transport, submitted to Parliament, will provide greater legal security to the status of seafarers on board vessels registered in the French Southern and Antarctic Territories.

3. The Committee notes, however, that in its above-mentioned comments, sent by letter of 17 January 1995, the FNSM states that the Government replies are incorrect and incomplete and that no international labour Convention, particularly Convention No. 111, is applied on board French ships registered in the French Southern and Antarctic Territories. Furthermore, the FNSM alleges that the Bill modernizing transport mentioned in the Government's reply will not be applicable to foreign seafarers on board these ships.

4. Moreover, the Committee notes that in its comment of 13 January 1995, the CFDT states that it is quite improper that, six years after the CGT complaint was submitted, the Conseil d'Etat has still not ruled on this appeal. The CFDT also contests the Government's affirmation that the Bill in question will bring greater legal security to the status of seafarers on board these ships.

5. With reference to its previous general observation, the Committee requests the Government once again to supply in its next report detailed information on the measures taken to bring national practice into conformity with section 91 of the Overseas Labour Code and with the Convention. The Committee hopes that the Conseil d'Etat will shortly give its decision on the appeal which has been pending for a number of years and that a copy of it will be sent to the Committee as soon as possible. The Committee also requests the Government to send it a copy of the Act on modernization of transport as soon as it is adopted and to clarify the impact of this law on the situation of foreign seafarers on board vessels registered in the French Southern and Antarctic Territories vis-à-vis the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee refers to the observation it is making on this Convention and 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:

1. Article 1, paragraph 1(a). The Committee notes that the Overseas Labour Code applicable in the French Southern and Antarctic Territories (TAFF) prohibits discrimination on grounds of origin, sex, age and status (section 91) and the worker's opinions and trade union activities or membership/non-membership (section 42). Could the Government clarify that the reference to "opinions" covers religious beliefs and/or political opinion? Could the Government also indicate how the other grounds of prohibited discrimination in employment are covered in the TAFF, namely race, colour, national extraction? On this latter ground, the Committee recalls that the reference to "origin" in section 91 appears to have been accepted as a reference to national extraction in the discussions concerning the employment of foreign seafarers in past observations.

In addition, the Committee notes that the Overseas Labour Code does not apply to permanent public servants employed in the TAFF administration. It accordingly requests the Government to inform it of the legislation, administrative regulations, etc. which are relevant to the implementation of the principle of this Convention for public servants.

Article 2. Could the Government please supply further details as requested in the report form concerning specific measures taken to promote equality of opportunity and treatment with a view to eliminating discrimination in (a) access to vocational training; and (b) access to employment and particular occupations?

Article 3. Could the Government supply the information requested in the report form regarding paragraphs (a), (b), (c), (d) and (e) of this Article?

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the comments of the National Federation of Maritime Trade Unions (FNSM), which were transmitted in September 1993, concerning the continuation of discrimination in employment on the grounds of the origin of seafarers.

2. The Committee recalls that the comments which the FNSM has been making for many years concern the system for the registration of vessels in the French Southern and Antarctic Territories, which is governed by Decree No. 87-190 and the Order of 20 March 1987. According to this legislation, the proportion of crew members of French nationality may not be less than 25 per cent of the seafarers registered on the crew list, including two to four officers depending on the type of vessel. According to FNSM, this means that 75 per cent of registered crews can be comprised of foreign seafarers engaged under discriminatory conditions, the purpose being to reduce crew costs as far as possible by cutting back on the social conditions of the foreigners so engaged.

3. In its latest comments, the FNSM states that the Government continues to require vessels to be registered in the Kerguelen register. It notes that Decree No. 93-979 and the Order of 4 August 1993 extend the registration of vessels in the French Southern and Antarctic Territories register to nearly all vessels. It criticizes the situation on board vessels registered in the French Southern and Antarctic Territories, which it describes as "rampant apartheid ... under which foreign persons are the victims of racial and social discrimination".

4. The Committee notes that the Government's report has not been received, nor its reply to the recent comments of the FNSM. The Committee is therefore bound once again to draw the Government's attention to the conclusions reached in its 1992 observation and once again requests it to indicate in its next report the measures which have been taken or are contemplated to bring national practice into conformity with section 91 of the Overseas Labour Code and the Convention.

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

With reference to its previous comments, the Committee takes note of the Government's reports and would request it to supply the following further information on the application of the Convention.

1. Article 1, paragraph 1(a). The Committee notes that the Overseas Labour Code applicable in the French Southern and Antarctic Territories (TAAF) prohibits discrimination on grounds of origin, sex, age and status (section 91) and the worker's opinions and trade union activities or membership/non-membership (section 42). Could the Government clarify that the reference to "opinions" covers religious beliefs and/or political opinion? Could the Government also indicate how the other grounds of prohibited discrimination in employment are covered in the TAAF, namely race, colour, national extraction? On this latter ground, the Committee recalls that the reference to "origin" in section 91 appears to have been accepted as a reference to national extraction in the discussions concerning the employment of foreign seafarers in past observations.

In addition, the Committee notes that the Overseas Labour Code does not apply to permanent public servants employed in the TAAF administration. It accordingly requests the Government to inform it of the legislation, administrative regulations, etc. which are relevant to the implementation of the principle of this Convention for public servants.

2. Article 2. Could the Government please supply further details as requested in the report form concerning specific measures taken to promote equality of opportunity and treatment with a view to eliminating discrimination in (a) access to vocational training; and (b) access to employment and particular occupations?

3. Article 3. Could the Government supply the information requested in the report form regarding paragraphs (a), (b), (c), (d) and (e) of this Article?

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

1. With reference to its previous comments, the Committee takes note of the Government's reports and the comments of the National Federation of Maritime Trade Unions (FNSM), dated August and November 1992.

2. The Committee recalls that the comments which the FNSM has been making for many years concern the system for registration of vessels in the TAAF, which is governed by Decree No. 87-190 of 20 March 1987 and the Order of 20 March 1987. According to this legislation, the proportion of crew members of French nationality may not be less than 25 per cent of the seafarers registered on the crew list, including two to four officers depending on the type of vessel. According to the FNSM, this means that 75 per cent of registered crews can be comprised of foreign seafarers engaged under discriminatory conditions, the purpose being to reduce crew costs as far as possible by cutting back on the social conditions of the foreigners so engaged.

3. The Committee noted the Government's arguments, inter alia, that the differences in remuneration are based only on differences in functions and qualifications and not on any of the grounds of discrimination set out in Convention No. 111, and that, in any case, the Convention does not cover the situation of persons of foreign nationality. Nevertheless, the Committee observed that section 91 of the Overseas Labour Code (Act No. 52-1322 of 15 December 1952), which applies to seafarers aboard vessels registered in TAAF, provides for equal remuneration irrespective of the worker's origin, and that any preference or distinction based on the origin of the worker would therefore constitute a specified discrimination, in the meaning of Article 1, paragraph 1(b), of the Convention. It asked the Government to indicate the measures taken or envisaged to bring national practice into conformity with the Convention.

4. The FNSM's most recent comments indicate that the situation has not changed. They point out that an Order of 3 November 1992 extends the possibility of TAAF registration to vessels of the tanker class which transport oil. The Government's reports repeat its arguments noted above. The Committee would appreciate receiving any additional reply from the Government to the FNSM's recent communications.

5. The Committee, in the meantime, must draw the Government's attention to the conclusions reached in its 1992 observation to the effect that by virtue of section 91 of the Overseas Labour Code, the origin of the worker has been specified as a further ground of discrimination in addition to those listed in Article 1, paragraph 1(a), of the Convention and that consequently any distinction based on this ground constitutes a discrimination for the purpose of the Convention, in accordance with Article 1, paragraph 1(b), of the Convention. The Government is bound under Article 3(c) to eliminate such discrimination. The Committee accordingly requests the Government, in its next report, to indicate what measures have been taken or are contemplated to bring national practice into conformity with section 91 of the Overseas Labour Code and the Convention.

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

1. The Committee refers to its general observations of 1990 and the previous years, concerning the communications from the National Federation of Maritime Trade Unions (FNSM) concerning the application of Convention No. 111, in the French Southern and Antarctic Territory (TAAF). Since Convention No. 111 was declared applicable without modification to this territory in March 1990, this year the Committee proposes to examine the substance of the comments made by the FNSM.

2. The Committee recalls that the comments of the FNSM concern the system for the registration of vessels in the TAAF, which is governed by Decree No. 87.190 of 20 March 1987 and the Order of 20 March 1987. Under this system, the proportion of crew members of French nationality may not be less than 25 per cent of the seafarers registered on the crew list, including two to four officers according to the type of vessel. According to the FNSM, this means that 75 per cent of registered crews can be made up of foreign seafarers engaged under discriminatory conditions, the purpose being to reduce crew costs as far as possible by cutting back substantially on the social conditions of the foreign seafarers engaged.

3. The Committee refers in this context to the comments and information supplied by the Government on several occasions since 1988. The Government indicates, in particular, that differences in remuneration or social security coverage are based only on distinctions in professional qualification and, as a consequence, the posts occupied on board the vessel, and are not based on any of the grounds of discrimination set out in Convention No. 111 and that, even in the absence of a declaration of their application to the TAAF the ratified maritime Conventions were observed and a check carried out prior to registration. The Government provided extracts of inspection reports concerning five vessels registered in the TAAF, from shipping companies with a total of some 15 vessels operating under the same system.

4. The Government considers that the FNSM's criticism of the differences between the wages of French seafarers and those of other nationalities is based on a misinterpretation of Convention No. 111 since, in the opinion of the Committee of Experts itself, the reference in the Convention to "national extraction" does not cover the situation of persons of foreign nationality.

5. The Government also indicates that the overseas Labour Code (Act No. 52-1322 of 15 December 1952), which applies to seafarers on board vessels registered in the TAAF, is perfectly in keeping with the standards of Convention No. 111, particularly section 91 of the Code which provides that for "equal conditions of work, occupational qualifications and output, wages shall be equal for all workers regardless of their origin, sex, age or status".

6. The Government states that, at 19 October 1991, 755 seafarers and officers were engaged on board vessels registered in the TAAF, including 60 officers and 386 foreign seafarers, and that no individual complaints about wage discrimination have been filed by these seafarers directly or through a trade union organisation with the French administrative authorities or the competent jurisdictions.

7. Lastly, the Government states that the legislation in force in the TAAF does not deprive the trade union organisations of the right to negotiate collective agreements on conditions of work and remuneration, enabling observance of the principle of equal treatment to be reinforced and that the Government pays particular attention to encouraging collective bargaining as it has done in a recent case.

8. The Government therefore considers that the observations of the FNSM are totally unfounded.

9. The Committee takes due note of all the above indications. It proposes to examine the differences in wages which may exist between foreign crew members and crew members of French nationality.

10. In this connection, the Committee notes that the Government observes correctly that the reference in the Convention to "national extraction" does not cover the situation of persons of foreign nationality. However, it should be pointed out that the Convention extends to foreign nationals protection against any discrimination based on one of the criteria set out in Article 1, paragraph 1(a), including race, colour or social origin, and on any other grounds that might be specified after consultation with representative employers' and workers' organisations, where such exist, in accordance with the provisions of paragraph 1(b) of the same Article.

11. With regard to the wages of foreign personnel, the Committee notes the amounts referred to in the extracts of inspection reports supplied by the Government. It notes that these amounts are indicated as being higher than the ILO standards (and they are indeed higher than the basic standard fixed at the time for a qualified seafarer). It also notes that the collective contract for the recruitment of seafarers by the foreign agency which supplies the French shipowner with personnel is sometimes countersigned by the International Federation of Transport or checked by the maritime administration of the country of recruitment.

12. However, the Committee notes from the inspection reports that the amount budgeted by the shipowner for a foreign workpost and for a French workpost is four to five times higher for the latter and that, consequently, there is a considerable difference between the wages of foreign personnel and those of French personnel.

13. The Committee notes that the foreign personnel on the five vessels inspected are of Korean, Indian, Filipino, Polish and Turkish nationality respectively. It notes that these workers hold posts as officers or seafarers and that their qualifications cannot reasonably be a justification for such large differences in wages as those noted. Consequently, the foreign nationality of these persons is clearly the only common denominator and the main reason for the difference between their remuneration and that of French personnel.

14. Since the term "national extraction", in paragraph 1(a) of Article 1 of the Convention, does not refer to nationality, the foreign personnel in question cannot, admittedly, avail themselves of the provision in question.

15. The Committee observes, however, that section 91 of the overseas Labour Code which, according to the Government, applies to the foreign seafarers concerned, establishes equal remuneration for workers regardless, inter alia, of "their origin", which, it would seem, should also cover their nationality. Any preference or distinction based on the origin of the worker would therefore constitute a specific discrimination, in the meaning of paragraph 1(b) of Article 1 of the Convention. Accordingly, the differences in wages applied to foreign seafarers on vessels registered in the TAAF should be regarded as constituting a discrimination covered by the Convention.

16. The Committee would therefore be grateful if the Government would indicate in its next report the measures taken or envisaged to bring national practice into conformity with the Convention.

17. The Committee refers to paragraphs 56 and 57 of its General Report of 1991 and to paragraphs 62 and 63 of its General Report of this year.