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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - New Caledonia

New Caledonia

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.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indications emphasizing that competence for the negotiation and ratification of international treaties and agreements lies with the President of the French Republic and its Parliament, in accordance with articles 52 et seq. of the Constitution of 4 October 1958. It also notes that tripartite consultations were held in the Social Dialogue Committee (CDS, formerly the Labour Advisory Commission (CCT)) on the implementation of 17 international labour Conventions ratified by France and that New Caledonia sent reports through the competent State bodies, in addition to information relating to the CDS meetings held in 2017 and 2018. The Committee notes that these meetings have been held on a very regular basis. The Committee notes the supplementary information submitted by the Government, which refers to the tripartite consultations held in the CDS. In this regard, the Committee notes the shared social agenda for the period 2020–21 as well as the agenda of regular meetings held in 2020. The Committee requests the Government to continue providing information on the tripartite consultations to promote the implementation of international labour standards, and particularly on the content and outcome of consultations on issues relating to international labour standards as envisaged by Article 5(1) of the Convention.

With regard to changes in law and practice affecting the application of the Convention, the Committee notes the adoption of the Act of 2 October 2018 on governance in relation to employment, labour market inclusion, vocational training and guidance as well as the decision of 15 November 2018 and the Order of 12 March 2019 establishing the number of members and appointing the members of the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP).The Government indicates in this regard that two new inter-institutional bodies have been created, namely, the Conference of Executives, a policymaking guidance body, and the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP), a technical advisory body comprising the most representative workers’ and employers’ organizations and replacing the former advisory committee on vocational training. By law, CSEIFOP is briefed in plenary session on the implementation of public policies in the fields of employment, inclusion, training and vocational guidance. It ensures that public policies are consistent with the master plan established by the Conference of Executives and renders an opinion on the annual review drafted by the aforementioned Conference. The Government indicates that as part of the implementation of this new governance system, the responsibilities of the CDS were limited to examining the annual results of the elections of employee representatives, setting the guaranteed minimum wage and extending sectoral agreements. The Government indicates in this regard that pursuant to section Lp. 381–2 of the Labour Code, the Government informs the CDS every year of the main areas of the Government’s activity and the reforms that it proposes in the fields of labour, employment, vocational training, social protection, social security and wages, as well as the timetable for their implementation. On the occasion of the social conference, the CDS presents proposals on the aforementioned topics to the Government. The Government further states in its supplementary report that in 2020, the CDS has been consulted with regard to the law promoting genuine equality in the workplace between men and women and the law on teleworking. The Committee requests the Government to continue to provide detailed information on the activities carried out by the Strategic Council for Employment, Inclusion, Vocational Training and Guidance (CSEIFOP) and the Social Dialogue Council (CDS) with regard to the implementation of the Convention, particularly Articles 2 and 5.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.