Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the Government's report, the information supplied by a Government representative to the Conference Committee in June 1996 and the discussion which followed. It also notes the communication by the National Federation of Seafarers' Unions (FNSM) of 10 January 1996.

The Committee notes that the comments made by the FNSM concern a Decree and an Order of 4 August 1993 on the registration of French vessels in the French Southern and Antarctic Territories (TAAF), which amend Decree No. 87-190 of 20 March 1987. According to the FNSM, these provisions were extended to almost all French vessels where the treatment of foreign seafarers from poor countries was discriminatory, in breach of ILO Conventions.

The Government representative to the Conference explained that the contentious procedure before the Council of State questioning the legality of Decree No. 87-190 of 20 March 1987 regarding the registration of vessels in the TAAF had resulted in the recision of the Decree on the grounds that the regulatory authorities had tried to enact provisions of a legislative nature which, under the French Constitution, are the prerogative of Parliament. The practical result of this decision is that the Maritime Labour Code (Act of 13 December 1926) does not apply to the TAAF although the Overseas Labour Code (Act No. 52/1322 of 15 December 1952) is still applicable to them.

Subsequent to this decision, Act No. 96-151 of 26 February 1996 was adopted by Parliament providing a legal basis to the TAAF register by instituting a system of registration of French vessels in those territories. The Government indicates in its report that regulatory texts are in the process of consultation and drafting and will be communicated to the ILO as soon as they have been promulgated. As of 1 January 1995, 99 vessels were registered with the TAAF (16 service or research vessels and 83 vessels of international trade). The number of posts of officers and seafarers on the vessels registered with the TAAF equals 1,525, 823 of which are filled by French nationals.

In addition, the Government recalls in its report that the social partners are free to enter into collective bargaining of employment conditions on board vessels registered with the TAAF and to conclude such agreements. The Government cannot be held responsible for the absence of collective agreements concerning employment conditions on vessels registered with the TAAF. On several occasions, the Government invited the social partners to prepare a collective agreement concerning recruitment of seafarers covered by the TAAF. The specific situation of seafarers normally depends on a detachment of French crews on board vessels registered with the TAAF and on the availability of foreign crews, each of the two categories being covered by their original collective agreements. In fact, in the majority of cases, the companies responsible for recruiting seafarers for the crews of TAAF vessels are bound by local collective agreements concluded with seafarers' trade unions. Accession to these agreements is sometimes a legal obligation of the State where the recruiting company has its headquarters, but nothing in the Overseas Labour Code precludes the conclusion of such agreements covering either all seconded crews or only the crews recruited directly.

Finally, the Government indicates that in March 1996 the maritime social partners held a round table conference on maritime employment which provided a constructive dialogue and is to be followed by joint thematic meetings; one of the themes will be specifically the conditions of employment in the TAAF. The Committee notes the Government's commitment to keep it informed of the outcome of this initiative.

The FNSM, for its part, stresses that, despite the recision of the Decree of 20 March 1987 by the Council of State, the Act of February 1996 legalizes discriminatory treatment on French ships.

The Committee reminds the Government once again that by ratifying the Convention it has undertaken to encourage and promote the development and use of voluntary bargaining machinery with a view to settling the employment conditions of seafarers. It requests the Government to send it a copy of the regulations relating to Act No. 96-151 of 26 February 1996. In addition, it again requests the Government to indicate in its next report whether collective agreements have been concluded on vessels registered in the TAAF and, if so, to send it the texts of any such agreements.