Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - France (Ratification: 1981)

Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour or national extraction. In its previous comments, the Committee emphasized that, despite certain initiatives, the various measures and schemes did not appear to be producing sufficient results in terms of combating effectively discrimination in employment on the basis of race or national extraction, particularly with regard to the access to employment of young French nationals of foreign origin, and it requested the Government to strengthen its action and to promote equality actively in this field. The Committee also noted the action programme and recommendations drawn up in 2009 by the Commissioner for Diversity and Equal Opportunities, which contained a list of measures to be taken to promote equality of opportunity, particularly in education and employment. It further noted that in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted the draft national plan to combat racism (CERD/C/FRA/CO/17-19, 27 August 2010, paragraph 9).

In this respect, the Committee notes the information provided by the Government in the report to the CERD on the follow-up to its recommendations, according to which the National Plan of Action against Racism and Anti-Semitism, including a component on the “promotion of equal opportunities, particularly in professional matters”, is in the process of being completed (CERD/C/FRA/CO/17-19/Add.1, 6 October 2011, paragraph 7). The Committee also notes that, according to the annual report (2011) of the Office of the Rights Ombud, the institution into which the High Authority to Combat Discrimination and Promote Equality (HALDE) was integrated in 2011, “origin”, which is understood as “national extraction” within the meaning of Article 1(1)(a) of the Convention, remains the ground of discrimination most frequently referred to in complaints relating to employment (23.5 per cent of all complaints registered), and employment remains the field in which the largest number of complaints are received (48.3 per cent of the total number of complaints). The Committee also notes the publication in February 2010 of a report by the Committee for the Measurement of Diversity and the Evaluation of Discrimination (COMEDD), entitled “Inequality and discrimination: Towards a critical and responsible use of statistics”, to which the Government refers in its report. The report of the COMEDD calls for the establishment of a regular statistical information system on discrimination and diversity; the creation of a discrimination observatory; and the introduction in enterprises with over 250 employees of a comparative report on the situation regarding differences of treatment related to origin that employers would be required to complete each year concerning recruitment, promotion, type of contract, access to training, level of remuneration, etc., along the lines of the measures taken to measure gaps between men and women in enterprises with more than 50 employees. The report adds that the comparative situation report could be forwarded to staff representatives with a view to defining programmes to combat discrimination in the context of the national inter-occupational agreement on diversity in the enterprise, concluded in 2006 and made compulsory in 2008. With regard to the implementation of this agreement, the Government indicates in reply to the Committee’s request for information, that it would appear to be practically impossible to assess the number of specific enterprise agreements that cover diversity in whole or in part. The Committee notes however that the inter-occupational agreement envisaged the establishment of a joint monitoring commission to assess the implementation of its provisions in the various branches, enterprises and territories.

With reference to its previous observation and noting that progress does not appear to have been made in relation to equality in employment and occupation without distinction as to race, colour or national extraction, the Committee requests the Government to take measures without further delay, in collaboration with workers’ and employers’ organizations, with a view to combating effectively the problem of discrimination on the above grounds and addressing the underlying causes, including measures to combat prejudices and stereotypes against certain groups of the population and to promote tolerance. It requests the Government to provide information on any measures adopted in this regard. The Committee also requests the Government to provide further information on the following points:

• (i) the content and implementation of the National Plan of Action to Combat Racism and Anti-Semitism in education, vocational training and employment;
• (ii) any action taken as a result of the programme of action and recommendations made by the Commissioner for Diversity and Equal Opportunities and the recommendations of the COMEDD in relation to employment, including the comparative situation report and the role of the social partners.

The Government is also requested to provide detailed information on the implementation of the national inter-occupational agreement on diversity in the enterprise and to provide the findings of any assessment of the action taken to promote equality of opportunity and treatment at the branch and enterprise level.

Discrimination on the basis of religion. In its previous comments, the Committee urged the Government to provide information on the application of Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 concerning the prohibition on wearing any conspicuous religious signs or apparel in public schools under penalty of disciplinary measures, including expulsion. The Committee notes that the Government’s report still does not contain any information on this subject and it once again requests the Government to provide information on the following points:

• (i) any court ruling or administrative decision concerning the application of the above legislation;
• (ii) the numbers of students who have been expelled from school on the basis of the Act, disaggregated by sex and age, and the nature of the religious sign or apparel at issue; and
• (iii) the measures taken to ensure that the pupils who have been expelled nonetheless have access to education and training.

The Committee also requests the Government to ensure that the application of this Act does not have the effect of reducing the opportunities for women to find employment in future, and asks the Government to provide specific information on the impact respectively on men and women’s employment opportunities.

In its previous comment, the Committee noted the adoption of Act No. 2010-1192 of 11 October 2010 prohibiting the concealment of the face in public places and it requested the Government to provide information on its application in practice. The Committee notes that the Government’s report does not contain any information on this subject. In view of the discriminatory effect that this Act may have, the Committee once again requests the Government to provide information on the application in practice of Act No. 2010-1192 in relation to employment and occupation. It requests the Government to indicate what steps are being taken to ensure that the implementation of this Act does not have the effect of preventing women of Muslim religion wearing a full veil to find and exercise employment, and to indicate whether any measures are envisaged to evaluate the impact of this text.

Equality of opportunity and treatment for men and women in the public service. The Committee notes that the Government’s report does not contain any information on this subject. However, the Committee notes the information contained in a report on “occupational equality for men and women in the public service”, submitted by a member of Parliament to the President of the Republic in January 2011, which provides a detailed description of the inequalities which persist to the detriment of women, including horizontal and vertical occupational segregation, pay gaps and career progression (including part-time work), and makes numerous recommendations to resolve them. In this respect, the Committee notes with interest the adoption of Act No. 2012-347 of 12 March 2012 respecting access to titular employment and the improvement of the terms and conditions of employment of contractual agents in the public service, action to combat discrimination and various provisions respecting the public service, and the adoption of Decree No. 2012-601 of 30 April 2012 respecting arrangements for balanced recruitment at the higher levels of the public service, determining the posts concerned. The Act sets numerical and progressive objectives for the appointment of women to higher managerial posts (section 56: 20 per cent in 2013–15, 30 per cent in 2015–17 and 40 per cent as from 2018) and quotas for the representation of women on the executive boards of public establishments and other bodies (section 52-55), and contains provisions on parental leave. It also provides that an annual report shall be issued on occupational equality, including in relation to recruitment, training, working time, promotion, conditions of work, remuneration and the reconciliation of working and private life (section 51). The Committee asks the Government to continue adopting measures, in collaboration with the social partners, to promote equality for men and women in the public service and encourage the internal professional development of women, and to provide information on the implementation of occupational equality measures, including the numerical objectives and quotas for recruitment envisaged in the Act, and the results obtained. The Committee requests the Government to indicate any action taken on the other proposals contained in the report on occupational equality for men and women in the public service of 2011.

The Committee is raising other matters in a request addressed directly to the Government.