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

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

The Committee recalls that the initial comments by the National Federation of Seamen's Trade Unions (FNSM) dated 9 July 1986 and 4 September 1987 concerned the registration of vessels in the French Southern and Antarctic Territories as set out in 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 between two and four officers according to the type of vessel. According to the FNSM, this system signified that 75 per cent of the crew would be made up of foreign seafarers engaged under discriminatory conditions, with a view to reducing the crewing costs as much as possible by substantially lowering the conditions of employment of the foreign seafarers who were engaged. According to the FNSM, which repeats its opinion in a communication dated 12 August 1992, these provisions are contrary to Convention No. 98.

In its report, which reached the ILO on 13 February 1992, the Government states that the overseas Labour Code (Act No. 52.1322 of 15 December 1952), which is among the legislation cited by Decree No. 87.190, is applicable to seafarers on board vessels.

According to the Government, sections 4 and 42 of the Code apply the first Article of the Convention relating to protection against acts of anti-union discrimination, and sections 68 et seq. of chapter IV, concerning collective and other labour agreements, fully promote collective bargaining.

The Government states that the legislation which is force in the French Southern and Antarctic Territories does not deprive trade union organizations of seafarers from the right to negotiate collective agreements. However, it recognizes that up to now no collective agreement has been concluded and states that this omission is due to the social partners. It adds that, as a consequence, the Secretary of State for the Sea is endeavouring to give rise to a commitment to negotiation in order to establish enterprise level collective agreements.

The Government concludes by rejecting the comments made by the FNSM as being groundless.

While noting that the overseas Labour Code is applicable to seafarers on board vessels registered in the French Southern and Antarctic Territories, the Committee expresses the firm hope that the Government will state in its next report whether the invitation made by the Secretary of State for the Sea to the social partners in the maritime sector to negotiate has resulted in the conclusion of collective agreements on vessels registered in the French Southern and Antarctic Territories. It recalls that by ratifying the Convention, the Government undertook to encourage and promote the development and utilization of machinery for voluntary negotiation with a view to the regulation of terms and conditions of employment of seafarers. It requests the Government to supply a copy of any agreement which has been concluded.