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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - French Southern and Antarctic Territories

The Committee notes the Government's report.

It also notes the comments made by the National Federation of Seafarers' Unions (FNSM) dated 23 September 1993 which supplement its earlier comments. It notes the FNSM's indication that by virtue of a Decree and an Order of 4 August 1993, registration in the French Southern and Antarctic Territories (TAAF), which is governed by Decree No. 87.190 of 20 March 1987 and the Order of 20 March 1987, has been extended to almost all French vessels, and that treatment on board these vessels is discriminatory for foreign seafarers from poor countries, in breach of ILO Conventions.

In its previous observation, the Committee noted the Government's indication that the Overseas Labour Code applied to seafarers on vessels registered in the French Southern and Antarctic Territories but that there were no collective agreements because the social partners had failed to conclude any. It had nevertheless specified that the Secretary of State for the Sea was endeavouring to give rise to a commitment to negotiation in order to establish enterprise-level collective agreements. The Government merely indicated that the question of the legality of the Decree of 4 August 1993 with respect to the international Conventions ratified by France, was being examined by the Council of State.

The Committee is bound to remind the Government once again that on ratifying the Convention it undertook to encourage and promote the development and utilization of machinery for voluntary collective bargaining as a means of regulating the terms and conditions of employment of seafarers. It again asks the Government to indicate in its next report whether the call for collective negotiations made by the Secretary of State for the Sea to the social partners in the maritime sector has led to the conclusion of collective agreements on board vessels registered in the French Southern and Antarctic Territories and, if so, to provide copies of any such agreements. Moreover, it requests the Government to provide a copy of the judgement handed down by the Council of State on the issue of the Decree of 4 August 1993.