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

Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82) - New Caledonia

The Committee notes the observations of the Council for Social Dialogue (CDS), received on 21 September 2021.

Parts II and III of the Convention. Improvement of standards of living and other objectives of social policy. The Committee welcomes the Government’s report on the measures implemented to give effect to the Convention. The Government once again reports that it received development assistance for the period from 2014 to 2020. These funds are implemented through the Government’s sectoral “Employment and vocational integration strategy 2016–20”. The Government also indicates that the State finances projects carried out by the Government through the “State-New Caledonia development contract”. The State contributed 5.5 billion CFP francs in various sectors under the 2011–15 development contract, enabling the Government’s development efforts. In its observations, the CDS indicates that the COVID-19 health crisis has been used in industry-level negotiations as a pretext to justify any situation without any quantified facts. The Committee notes with interest that the Congress of New Caledonia, with a view to promoting economic advancement and laying the foundations for social progress, has adopted a territorial Act to support economic growth. This new Act, adopted in 2020, is composed of four axes: (i) modernizing and simplifying relations between entrepreneurs and the administration; (ii) supporting the economy and entrepreneurship; (iii) supporting purchasing power, protecting the Government and promoting increased competition; and (iv) creating new tools to transform and diversify the economy of New Caledonia. The Committee requests the Government to continue to provide updated information on the progress made in implementing social and economic policies covered by the provisions of the Convention applicable to New Caledonia, including disaggregated statistical data, demonstrating that the improvement of the population’s standard of living is considered to be the main objective in economic development planning.

Part V. Remuneration of workers and related questions. The Government indicates in its report that since 2018 there has been a sustained increase in the guaranteed minimum wage and the guaranteed minimum wage in the agricultural sector. It also indicates that these minimum wages are set each year by negotiation with the representative trade union organizations based on the economic outlook and the cost of living. The Committee notes the savings plan system for employees set up by the Government. The Committee requests the Government to continue to provide updated information on workers’ remuneration. It also invites the Government to take measures to encourage savings among independent producers, including by protecting them from usury.

Part VII. Education and vocational training. The Government indicates that “the educational blueprint for New Caledonia” was adopted in 2016. This text implements the right to education for all. To this end, education is compulsory from the age of 5 years to 16 years. The Government also reports that, “vocational training” was reformed in 2017. The purpose of this new system is to establish the principle of the individual right to vocational training and a collective obligation that the public authorities are responsible for implementing. Concerning this last point, the CDS indicates in its observations that the social partners have asked for better support for the trainers, particularly regarding the placement of young people in different jobs and work sites. In the context of education, the Committee also refers to the 2021 report of the Government of France on the measures taken to give effect to the provisions of the Convention with respect to New Caledonia. This report indicates that the State remains competent in matters of higher education. Thus, three University of New Caledonia projects were selected to receiving funding to the tune of 595 million CFP francs (€5 million). Through the Decree of 17 October 2018, the Government created a “Kanak languages” unit in the Certificate of Aptitude for Teaching in Secondary Education (CAPES). The State also indicates that a northern branch of the University of New Caledonia has been inaugurated with a view to the democratization of higher education. The Committee requests the Government to provide updated information on the nature, scope and results of educational reforms and efforts related to the formulation and implementation of vocational education and training programmes, including statistical data disaggregated by sex and age, specifying the number of participants in the various vocational training and apprenticeship programmes.

Part VIII. Miscellaneous provisions. The Committee recalls that, in its declaration of 18 February 1954 submitted with its ratification, the Republic of France indicated that the provisions of the Convention were applicable with modifications in relation to Article 3(3), Article 4, Article 8(b) and Article 18(2) (ILO, Official Bulletin, 31 December 1954, Vol. XXXVII, No. 7, pp. 371–372). The Committee requests the Government to indicate in its 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.