Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the Government's report.

It recalls that the comments made by the National Federation of Seafarers' Unions (FNSM) concerned a Decree and an Order of 4 August 1993 on registration in the French Southern and Antarctic Territories (TAAF) amending Decree No. 87.190 of 20 March 1987 and the Order of 20 March 1987. According to the FNSM, these provisions were extended to almost all French vessels, and the treatment on board these vessels was 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 obtain a commitment to negotiation in order to establish enterprise-level collective agreements. The Government had also indicated that the question of the legality of the Decree of 4 August 1993 with respect to the international Conventions ratified by France, was before the High Court (Conseil d'Etat).

In its latest report, the Government indicates that it will inform the Committee of the contents of the judgement of the High Court as soon as it is handed down. It adds that a draft law on the modernization of transport which contains provisions concerning the licensing of ships in the TAAF will be debated at the next parliamentary session and that it will ensure greater legal protection for the status of seafarers on board vessels licensed in the TAAF.

The Committee reminds 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 High Court on the issue of the Decree of 4 August 1993. as well as the draft law referred to by the Government in its latest report.

The Committee hopes that the Government will make every effort to provide the information requested in the very near future.