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Article 1 of the Convention. Grounds of discrimination. Protection against discrimination. Private sector. The Committee notes that in response to its request to extend workers’ protection against discrimination by adding the grounds of particular vulnerability resulting from the economic situation of the person apparent to or known by the person committing the discrimination and, more generally, aligning with the anti-discrimination provisions applicable in metropolitan France, the Government indicates in its report that an amendment to include a grounds of discrimination could be put forward during a reform of the Labour Code of French Polynesia. Accordingly, for the reasons set out above, the Committee invites the Government to take steps to add “particular vulnerability resulting from the economic situation of the person apparent to or known by the person committing the discrimination” to the list of grounds of discrimination prohibited by the Labour Code of French Polynesia, and requests that the Government provide information on any measures adopted in this regard.
Articles 1 and 5. Protection against discrimination. Measures to promote and protect local employment. Legislation. The Committee recalls that section 18 of amended Basic Act No. 2004-192 on the Statute of Autonomy of French Polynesia provides that “French Polynesia may adopt measures favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person who is married, cohabiting or in a civil union with the latter […]”. The Committee notes in this regard the adoption of territorial Act No. 2019-30 of 5 November 2019 concerning the promotion and protection of local employment, which amends the Labour Code of French Polynesia, and territorial Act No. 2020-14 of 3 June 2020 amending clauses 62 to 69 of section LP.1 of the adopted text No. 2019-19 LP/APF of 8 July 2019 of the territorial Act concerning the promotion and protection of local employment. It also notes that under territorial Act No. 2019-30, the local employment protection measures establish priority in recruitment, subject to equal conditions of qualifications and professional experience, for persons able to prove a sufficient period of residence (3, 5 or 10 years), in occupations in a sector of activity identified as a sector requiring specific protection. The Committee once again draws the Government’s attention to the necessary balance between the promotion of local employment and compliance with the principle of non-discrimination in employment and occupation and invites the Government, as in its previous comments, to remain vigilant and to ensure that this mechanism for the promotion of local employment will not have a discriminatory effect on the labour market and will apply to all beneficiaries without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. It requests the Government to provide information on the functioning of this mechanism, including statistics on the jobs concerned and the number of beneficiaries.
Article 2. Promotion of equality of opportunity and treatment for men and women. The Committee recalls that it has for several years highlighted persistent occupational gender segregation in the public and private sectors. Regarding public employment, the Committee notes the detailed information provided by the Government on women’s employment in the administration contained in the 2021 report of the President of French Polynesia. It notes the following from that data: (1) the feminization of the staff of the administration has been a constant for the past ten years (44 per cent of women in 2009 against 51.5 per cent in 2021); (2) certain branches, such as the social, educational, sporting and cultural branch, the health branch as well as the administrative and financial branch, are highly feminized; and: (3) in 2021, 70 per cent of public officials benefitting from training were women. The Committee observes that the Government’s report contains no information on the situation of women and men in employment and occupation in the private sector. However, it notes from the 2022 Employment Survey of the Statistical institution of French Polynesia that: (1) the employment rate of women aged between 16 and 64 years is 12.9 points lower than that of men; and: (2) women represent 43.8 per cent of the occupied population and 42.8 per cent of managers. The Committee is obliged to reiterate its request to the Government to take the necessary steps, in cooperation with the employers’ and workers’ organizations, to combat occupational gender segregation and facilitate the access of women to a wider range of jobs and occupations, particularly by combatting gender stereotypes and establishing mechanisms enabling women and men to achieve a better work life balance. It again requests the Government to provide information on the measures taken to ensure that employers comply with the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives (section Lp. 2433-17 and Lp. 2433-18 of the Labour Code of French Polynesia). Finally, the Committee requests the Government to provide information, including statistical data disaggregated by sex and if possible, by occupational category in the public and private sectors.
Promotion of equality of opportunity and treatment without any discrimination on grounds other than sex. The Committee notes that the report contains no information on this point and again requests the Government to provide information on any steps taken to adopt a policy to promote equality of opportunity and treatment without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin, including the implementation of public policies or action programmes, or the establishment of specialized equality and non-discrimination organs.
Promotion of equal opportunities for persons with disabilities. The Committee is pleased to note the formulation of a strategy to promote recruitment of workers with disabilities in the public administration aimed at ensuring training and skills-updating for persons with disabilities to enable them to obtain posts in the administration and raise the awareness of all public servants on matters related to disabilities. It notes that, according to the Government, as at 31 December 2021, 103 persons recognized as workers with disabilities had integrated the staff of the administration, that is 1.48 per cent of public servants – a level below the minimum required of 2 per cent. In light of the above, the Committee requests the Government to provide information on the measures taken to actively promote employment of workers with disabilities and attain at least the level of 2 per cent established by law both in the public sector, in particular under the new strategy, and in the private sector. It again requests the Government to provide information on any violations recorded and penalties imposed under territorial Acts No. 2016-9 of 14 March 2016 and No. 2018-01 of 4 January 2018.
Awareness-raising and enforcement. The Committee notes the Government’s indication that there have been very few legal proceedings and no administrative decisions relating to discrimination in employment and occupation. It nonetheless wishes to emphasize in this regard that the low number of violations or of complaints registered does not imply that discrimination in employment and occupation does not exist in French Polynesia. The Committee requests the Government to provide information on the measures taken to raise the awareness of workers, including public servants, employers and their respective organizations, as well as labour inspectors and magistrates on issues concerning discrimination in employment and occupation and equality without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. It again requests the Government to provide detailed information on the number of inspections and controls carried out, their results and any penalties imposed concerning failure to respect the principles of non-discrimination and equality.

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Article 1 of the Convention. Protection against discrimination. Grounds of discrimination. Legislation. Public sector. The Committee notes the Government’s indication regarding the General Public Service Regulations of French Polynesia, that: (1) it is not opposed to reviewing the list of grounds of discrimination on the basis of the list in the Labour Code of French Polynesia; and (2) the ground of “origin”, mentioned in section 5 of the abovementioned Regulations may refer, inter alia, to a person’s geographical, social, ethnic or cultural origin, thus rendering superfluous the addition of the term “social origin”. The Committee notes that the Government adds that a complete reform of all regulatory provisions is envisaged, which would result in the adoption of a public service code of French Polynesia. The Committee also recalls that the Labour Code of French Polynesia was amended in 2019 to specify that the term “origin” included “social origin”. In order to allow public service workers protection against any discrimination based on their social origin and to enjoy this protection before the competent authorities, the Committee requests the Government to take the opportunity presented by the reform of provisions applicable to the public sector to include “social origin” among the list of prohibited grounds of discrimination so as to cover all the grounds enumerated in Article 1(1)(a) of the Convention. It also asks the Government to envisage, under this reform, aligning the anti-discrimination provisions applicable to the public sector with those applicable in the private sector and, more generally, with the provisions applicable in metropolitan France, which extend workers’ protection against discrimination on many other grounds.
The Committee is raising other matters in a request addressed directly to the Government.

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Article 2. Promotion of equality of opportunity and treatment for men and women. In view of the persistence of occupational gender segregation and its consequences for women’s employment, the Committee previously requested the Government to: (1) adopt the measures necessary to combat such segregation; (2) adopt measures to ensure that the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives, is complied with by employers; and (3) provide updated information on the situation of men and women with respect to employment in the public and private sectors. The Committee notes the Government’s statement that the obligation to produce an annual report is still not complied with by all employers and that, within the framework of the revision of the Labour Code, the Government will submit proposals to the social partners in this respect and recall the obligation in question. It also notes the information provided in the extract of the 2017 report of the President of French Polynesia on the territory’s human resources, sent by the Government, which includes the following points: (1) women make up more than 60 per cent of non-certified public officials, while men comprise a slight majority (52 per cent) of certified public officials; (2) women are over-represented in the social services and education (80 per cent), the health sector (72 per cent) and the administrative and financial sectors (72 per cent), but only make up 21 per cent of the technical sector; (3) within the French Polynesian government and administrative public bodies (EPAs), women occupy only 41 and 31 per cent of managerial posts, respectively; and (4) more than 63 per cent of successful candidates for recruitment competitions are women, and they make up the majority of vocational examination candidates in the social services, sport and culture (92 per cent), health (88 per cent) and administration and finance (75 per cent) branches, while men make up 73 per cent of vocational examination candidates in the technical branch. The Committee therefore notes that occupational gender segregation persists and that the Government has not clarified the measures adopted or envisaged to combat this issue and facilitate access for women to a wider range of jobs and occupations, and particularly to positions of responsibility. The Committee once again requests the Government to take the necessary steps without delay, in cooperation with the social partners, to combat occupational gender segregation and facilitate access for women to a wider range of jobs and occupations, and particularly to positions of responsibility, in both the public and private sectors. It also requests the Government to provide information on the measures adopted, including within the framework of the revision of the Labour Code, to ensure that the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives, is complied with by employers (section Lp. 2433-17 and Lp. 2433-18 of the Labour Code of French Polynesia). Lastly, the Committee requests the Government to continue providing information, including statistical data, on the situation of women and men in employment in the public and private sectors.
Promotion of equality of opportunity and treatment without any discrimination on grounds other than sex. In response to the Committee’s request to provide information on any steps taken to formulate and adopt a policy to promote equality of opportunity and treatment without any distinction, encompassing not only legislative or administrative measures but also public policies or programmes of action, or the establishment of equality and non-discrimination specialized bodies, in accordance with Article 2 of the Convention, the Government indicates that the formulation of such a policy among its priorities. The Committee requests the Government to provide information on any steps taken to adopt a policy to promote equality of opportunity and treatment, including public policies or programmes of action, or the establishment of equality and non-discrimination specialized bodies.
Article 5. Promotion of equal opportunities for persons with disabilities. The Committee previously requested the Government to provide information on the objectives and implementation of the legislative amendments set forth in Territorial Act No. 2016-9 of 14 March 2016, and on the reasons for the decrease in the sanctions imposed on enterprises for non-compliance with the obligation to employ workers with disabilities, as well as in the number of employed persons with disabilities since 2011. The Committee notes the Government’s statement that Territorial Act No. 2018-01 of 4 January 2018 extended the obligation to employ persons with disabilities, which has existed since 2007 in the private sector for all entities employing at least 25 persons, to include all public services and EPAs. An annual report on the situation of employment of persons with disabilities in the French Polynesian public services and EPAs must be sent to the Disabilities Council. The Committee notes that the employment quota for persons with disabilities applicable to the Polynesian public services has been set at 1 per cent of the total number of public servants for 2018, 1.5 per cent for 2019 and 2 per cent for 2020. It recalls that a 4 per cent quota is applicable in the private sector, but that a temporary derogation prolonged multiple times has decreased this quota to 2 per cent. The Committee also notes that, according to the annual statement on the employment of workers with disabilities, provided by the Government in its report, only 55 per cent of the public enterprises and 70 per cent of the private enterprises subject to the employment obligation that were inspected between 2014 and 2017 had fulfilled their obligation (the provisional figures for 2017 are 25 and 34 per cent, respectively). The Committee requests the Government to continue providing information, including statistical data, on the employment of persons with disabilities in the public and private sectors. It requests the Government to: (i) indicate the impact of Territorial Acts No. 2016-9 of 14 March 2016 and No. 2018-01 of 4 January 2018 and the number of violations recorded and penalties imposed, and (ii) send a copy of the last report on the situation of employment of persons with disabilities in the French Polynesian public services and EPAs submitted to the Disabilities Council. It also requests the Government to provide information on any measures adopted or envisaged to promote the integration of persons with disabilities in the labour market.
Positive measures in favour of local employment. The Committee previously invited the Government to provide information on the measures adopted with the aim of favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person having a sufficient length of marriage, cohabitation or civil union with a person in the former category, as provided for in section 18 of Basic Law No. 2004-192 of 27 February 2004. The Committee notes the Government’s statement that following an unfavourable opinion issued by the Economic, Social and Cultural Council in March 2016 on a bill related to this matter, a bill for the protection of local employment is now in the drafting process. In this regard, the Committee draws the Government’s attention to the necessary balance between the promotion of local employment and compliance with the principle of non-discrimination in employment and occupation. As in its previous comments, the Committee invites the Government to remain vigilant and to ensure that such a mechanism will not have a discriminatory effect on the labour market and will apply to all beneficiaries without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. It requests the Government to provide information on any legislative or regulatory developments in this regard.
Enforcement. In response to the Committee’s previous request, the Government indicates that in order to strengthen its enforcement capacity, the labour inspectorate of French Polynesia comprises three labour inspectors and six labour controllers. It adds that there have been no legal proceedings relating to discrimination and equality in employment and occupation. The Committee requests the Government to provide detailed information on the number of inspections and controls carried out, their results and any penalties imposed. It also requests the Government to provide information on any judicial or administrative decisions relating to discrimination or equality in employment and occupation.

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Article 1 of the Convention. Protection against discrimination. Private sector. Legislative developments. The Committee previously requested the Government to provide information on any measures taken to include “social origin” in the list of grounds of discrimination prohibited by the Labour Code of French Polynesia so as to cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, and to indicate the measures adopted to ensure that workers are protected in practice against discrimination based on this ground. In order to extend workers’ protection against discrimination and align it with the anti-discrimination provisions applicable in metropolitan France, the Committee also invited the Government to examine the possibility of adding “place of residence” and “particular vulnerability resulting from the economic situation [of the person] which is apparent to or known by the person committing the discrimination” to the list of grounds of discrimination prohibited by the Labour Code of French Polynesia. The Committee notes with satisfaction that Territorial Act No. 2019-28 of 26 August 2019 has amended section Lp. 1121-1 of the Labour Code by adding the phrase “including social origin” after the ground “origin”. With regard to place of residence, the Government indicates that section 18 of amended Basic Act No. 2004-192 of 27 February 2004 on the Statute of Autonomy of French Polynesia, provides that “French Polynesia may adopt measures favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person who is married, cohabiting or in a civil union with the latter […]”. The Government emphasizes its willingness to implement these provisions by submitting a territorial bill in the near future. The Committee requests the Government to provide information on the status of the territorial bill implementing section 18 of Basic Act No. 2004-192 and its impact on protection from discrimination based on “place of residence”. Lastly, in view of the absence of response on this point and in order to extend workers’ protection against discrimination and align it with the anti-discrimination provisions applicable in metropolitan France, the Committee once again invites the Government to examine the possibility of adding particular vulnerability resulting from the economic situation of the person apparent to or known by the person committing the discrimination to the list of grounds of discrimination prohibited by the Labour Code of French Polynesia, and requests that the Government provide information on any measures adopted in this regard.
Public sector. The Committee previously requested the Government to provide information on any steps taken to include “social origin” in the list of grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia and to indicate the measures adopted to ensure that public officials are protected in practice against discrimination based on social origin. It also invited the Government to examine the possibility of adding “family situation” to the list of grounds of discrimination prohibited by this section. In addition, it requested the Government to indicate the reasons why, in French Polynesia, the list of grounds of discrimination prohibited in the public service is more limited than the list applicable in the private sector and invited the Government to harmonize the protection of public officials and workers in the private sector against discrimination in employment and occupation. With regard to social origin, the Committee notes the Government’s indication that section 5 of the General Public Service Regulations of French Polynesia prohibits discrimination based on “origin”, which necessarily includes “social origin”. The Government also indicates that, in practice, because the rights and obligations of public officials are established through regulations, they are of a general and impersonal nature and therefore identical for all public officials in the same employment category, both at the time of their entry into employment (via competitive examination) and throughout their career. In this regard, the Committee recalls that social origin is one of the seven prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention and that, when legal provisions are adopted to give effect to the principle of the Convention, they must include as a minimum all the grounds of discrimination enumerated in this Article. It also recalls that: (1) as it noted in the 2012 General Survey on the fundamental Conventions (paragraphs 802–804), in some countries, persons from certain geographic areas or socially disadvantaged segments of the population (other than persons from ethnic minority groups) face exclusions with respect to recruitment, without any consideration of their individual merits; and (2) given the persistent patterns of discrimination on the grounds set out in the Convention, in most cases there is a need for a comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention (see 2012 General Survey, paragraph 854). Indications of rising social inequalities in some countries have highlighted the continuing relevance of addressing discrimination based on class and socio-occupational categories. In this respect, the Committee recalls that discrimination and lack of equal opportunity based on social origin refers to situations in which an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs. Lastly, the Committee notes that, as indicated in the previous paragraph, the Labour Code of French Polynesia was amended in 2019 to state that the term “origin” included “social origin”.
With regard to “family situation”, the Government states that it is not formally opposed to adding this to the list of grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia if it were necessary to do so. However, referring to the Committee’s 1996 General Survey on equality in employment and occupation, it notes that the prohibition of discrimination on the ground of sex, provided for in section 5, paragraph 1, of the Regulations, also includes discrimination based on family situation. Lastly, the Committee welcomes the Government’s statement that it is not opposed to reviewing the list of prohibited grounds of discrimination established in section 5 of the General Public Service Regulations, based on the grounds provided for in the Labour Code of French Polynesia. The Committee requests the Government to indicate the steps taken to review the list of prohibited grounds of discrimination established in section 5 of the General Public Service Regulations of French Polynesia with a view to harmonizing its content with the list of grounds enumerated in the Labour Code, including with respect to “social origin”.
Sexual harassment and “moral” harassment. Private and public sectors. In its previous comment, the Committee requested the Government to provide information on the application in practice of the relevant provisions of the Labour Code and the General Public Service Regulations of French Polynesia on sexual or “moral” harassment. It notes the information provided by the Government.
The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.
Repetition
Article 2 of the Convention. Promotion of equality of opportunity and treatment for men and women. In its previous comment, the Committee emphasized the need to take proactive measures to tackle the underlying causes of gender discrimination, particularly occupational segregation, one of the effects of which is to confine women to the worst paid jobs. The Committee notes that the Government indicates that no specific measures have been taken to rectify the de facto inequalities which affect opportunities for women. However, the Government also indicates that the strategic objectives laid down by the Ministry for Women include the elimination of occupational segregation and the promotion of employment and vocational training for women. The Committee notes the Government’s further indication that the employer’s obligation to submit an annual report to the works council containing a statistical analysis allowing an evaluation of the gender balance is not complied with by all enterprises and that it will make fresh efforts to ensure the production of this social survey and be more vigilant regarding compliance with the legislation in this field. As regards employment in the public sector, the Committee observes that, according to the information provided by the Government, 59.18 per cent of managerial posts in the administration are occupied by men. In view of the persistence of occupational segregation of men and women and its consequences for women’s employment, the Committee once again requests the Government to take the necessary steps without delay, in cooperation with the social partners, to combat such segregation and facilitate access for women to a wider range of jobs and occupations, and particularly to positions of responsibility, in both the public and private sectors. It also requests the Government to take the necessary steps to ensure that the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives, is complied with by employers (section Lp. 2433-17 and Lp. 2433-18 of the Labour Code of French Polynesia). The Committee requests the Government to also provide information on any measures taken towards this end and up-to-date information, including statistical data, on the situation of women and men in employment in the public and private sectors.
Promotion of equality of opportunity and treatment without any distinction on grounds other than sex. The Committee notes that, according to the Government’s report, there is no discrimination on the basis of race, colour, religion, political opinion, national extraction or social origin in French Polynesia. Recalling that it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it, the Committee requests the Government to take the necessary steps to formulate and adopt a policy to promote equal opportunities and treatment, without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin, encompassing not only legislative or administrative measures but also public policies or programmes of action, or the establishment of specialized bodies tasked with promoting equality and combating discrimination, in accordance with Article 2 of the Convention. Please provide information on any measures taken in this respect.
Article 5. Promotion of equal opportunities for persons with disabilities. The Committee notes the adoption of territorial Act No. 2016-9 of 14 March 2016 amending Title I of Book III of Part V of the Labour Code relating to workers with disabilities. It notes that this Act maintains, until 2017, a 2 per cent quota on a provisional basis for the compulsory employment of workers with disabilities (instead of the 4 per cent that was initially announced). The Committee requests the Government to indicate to what extent these amendments to the Labour Code of French Polynesia promote the employment of persons with disabilities and enable the integration of persons with disabilities into the labour market. Moreover, noting that the provisional statistics for 2014 provided by the Government show a clear decrease in the sanctions imposed on enterprises for non-compliance with the obligation to employ workers with disabilities, and also a drop in the number of employees with disabilities since 2011, the Committee requests the Government to provide information on the reasons for these decreases. The Committee also requests the Government to provide information on the application of the Territorial Act of 2016, indicating in particular infringements reported and sanctions imposed, and to continue to supply information on the employment of persons with disabilities in the public and private sectors.
Positive measures in favour of local employment. As regards the promotion of “local employment” in the private sector, the Committee notes that Territorial Act No. 2013-6 concerning discrimination and harassment refers to section 18 of Basic Act No. 2004-192 of 27 February 2004, which provides for the possibility of “adopting measures favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person having a sufficient period of marriage, cohabitation or civil union with a person in the former category”. As emphasized in its previous comments, the Committee invites the Government to remain vigilant and to monitor closely the impact of such a mechanism on the labour market in order to ensure that it will not have a discriminatory effect and will apply to all beneficiaries without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also requests the Government to provide information, including statistical data, on the measures taken in the context of this mechanism and any evaluations conducted.
Enforcement. In view of the lack of information on this matter in the Government’s report, the Committee once again requests the Government to take the necessary steps as soon as possible to strengthen the means of action available to the labour inspectorate with a view to enabling in practice the regular and effective enforcement of the legislation relating to discrimination. The Government is also requested to supply information on any court or administrative decisions relating to discrimination or to equality in employment and occupation.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.
Repetition
The Committee notes with satisfaction the adoption of territorial Act No. 2013 6 of 21 January 2013 concerning discrimination and harassment amending territorial Act No. 2011-15 (Labour Code of French Polynesia), and of territorial Act No. 2013-17 of 10 May 2013 amending Decision No. 95-215 AT of 14 December 1995, as amended, issuing the General Public Service Regulations of French Polynesia and relating to discrimination, harassment and protection of personnel. It notes that the new Acts significantly strengthen the protection of workers against discrimination by establishing a mechanism for prevention and for imposing penalties for both sexual and moral harassment.
Article 1 of the Convention. Protection against discrimination. Private sector. Legislative developments. The Committee notes that territorial Act No. 2013-6 expands the list of prohibited grounds of discrimination with the addition of the following new grounds: customs, sexual orientation or identity, age, genetic characteristics, actual or supposed membership or non-membership of a nation or race, activities in mutual benefit associations, physical appearance, family name, state of health or disability (section Lp. 1121-1 of the Labour Code of French Polynesia). The Committee notes that the prohibited grounds of discrimination covered by section Lp. 1121-1 are the same as those established by section L. 1132-1 of the Labour Code applicable in metropolitan France, with the exception of “place of residence” and “particular vulnerability resulting from the economic situation [of the person], which is apparent to or known by the person committing the discrimination”, which are grounds of discrimination that were introduced into the Labour Code in February 2014 and June 2016, respectively. The Committee also notes that the ground of “colour” referred to in Article 1(1)(a) of the Convention is covered by the ground of “physical appearance” and observes that the Government confirms that the term “origin” referred to in section Lp. 1121-1 of the Labour Code of French Polynesia refers to “national extraction” within the meaning of the Convention. The Committee notes, however, that despite the recent legislative progress, the ground of “social origin”, mentioned in Article 1(1)(a) of the Convention has not been included among the grounds of discrimination prohibited by section Lp. 1121-1 of the Labour Code of French Polynesia.
Moreover, the Committee notes that section Lp. 1121-2 has inserted in the Labour Code of French Polynesia a non-exhaustive list of aspects of employment, namely dismissal, remuneration, incentives or distribution of shares, training, reclassification, assignment, qualifications, classification, promotion, transfer and contract renewal, and access to internship or a training course in an enterprise. The Committee also notes that the section now refers explicitly to direct and indirect discriminatory measures. The Committee requests the Government to provide information on any measures taken with a view to inserting the ground of “social origin” in the list of the grounds of discrimination prohibited by the Labour Code of French Polynesia (section Lp. 1121-1) so as to cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee also requests the Government to indicate the measures taken to ensure that workers are protected in practice against discrimination based on this ground. In order to extend workers’ protection against discrimination and to align it to the anti-discrimination provisions applicable in metropolitan France, the Committee invites the Government to examine the possibility of adding “place of residence” and “particular vulnerability resulting from the economic situation [of the person], which is apparent to or known by the person committing the discrimination” to the list of grounds of discrimination which are prohibited by the Labour Code of French Polynesia, and requests it to provide information on any measures taken in this respect.
Public sector. The Committee notes that territorial Act No. 2013-17 of 10 May 2013 expands the list of prohibited grounds of discrimination in respect of public service to include the following grounds: origin, sexual orientation or identity, age, family name, physical appearance, and actual or supposed membership or non-membership of a race (section 5). The Committee notes that the prohibited grounds of discrimination covered by section 5 are the same as those covered by section 6 of Act No. 83-634 of 13 July 1983 applicable in metropolitan France issuing the rights and obligations of officials, with the exception of “family situation”. The Committee notes however that despite the legislative progress made, the ground of “social origin” mentioned in Article 1(1)(a) of the Convention, is not included among the grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia. The Committee further notes that section 5 henceforth explicitly prohibits any direct or indirect distinctions between civil servants. The Committee requests the Government to provide information on any measures taken with a view to inserting “social origin” in the list of grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia so as to cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee also requests the Government to indicate the measures taken to ensure that public servants are protected in practice against discrimination on the basis of social origin. The Committee invites the Government to examine the possibility of adding “family situation” to the list of grounds of discrimination prohibited by this section and requests it to provide information on any measures taken in this respect. It further requests the Government to provide information on the reasons why, in French Polynesia, the list of grounds of discrimination prohibited in the public service (section 5 of the General Regulations) is more limited than the list applicable in the private sector (section Lp. 1121-1 of the Labour Code of French Polynesia) and invites it to harmonize the protection of public officials and private sector workers against discrimination in employment and occupation.
Sexual harassment and moral harassment. Public and private sectors. The Committee notes the introduction of provisions concerning sexual harassment and moral harassment into both the Labour Code of French Polynesia (Lp. 1141-1 to 1141-12) and the General Public Service Regulations of French Polynesia. These provisions define and prohibit both quid pro quo and hostile working environment sexual harassment, and provide for the protection of victims and witnesses against any form of reprisal (sanctions, dismissal, direct or indirect discriminatory measures) and also for disciplinary sanctions against persons who commit harassment. The provisions also require the employer to take measures to prevent and address sexual or psychological harassment, including the establishment of a procedure, within the internal regulations, for reporting harassment and awareness-raising actions. The Committee requests the Government to provide information on the application in practice of sections Lp. 1141-1 to 1141-12 of the Labour Code of French Polynesia and the provisions of the General Public Service Regulations of French Polynesia on sexual and moral harassment, especially with regard to the role of the inspection services in addressing sexual or moral harassment, and also on any procedure initiated on the basis of these provisions and its results.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Promotion of equality of opportunity and treatment for men and women. In its previous comment, the Committee emphasized the need to take proactive measures to tackle the underlying causes of gender discrimination, particularly occupational segregation, one of the effects of which is to confine women to the worst paid jobs. The Committee notes that the Government indicates that no specific measures have been taken to rectify the de facto inequalities which affect opportunities for women. However, the Government also indicates that the strategic objectives laid down by the Ministry for Women include the elimination of occupational segregation and the promotion of employment and vocational training for women. The Committee notes the Government’s further indication that the employer’s obligation to submit an annual report to the works council containing a statistical analysis allowing an evaluation of the gender balance is not complied with by all enterprises and that it will make fresh efforts to ensure the production of this social survey and be more vigilant regarding compliance with the legislation in this field. As regards employment in the public sector, the Committee observes that, according to the information provided by the Government, 59.18 per cent of managerial posts in the administration are occupied by men. In view of the persistence of occupational segregation of men and women and its consequences for women’s employment, the Committee once again requests the Government to take the necessary steps without delay, in cooperation with the social partners, to combat such segregation and facilitate access for women to a wider range of jobs and occupations, and particularly to positions of responsibility, in both the public and private sectors. It also requests the Government to take the necessary steps to ensure that the obligation to produce an annual report, which evaluates the gender balance at the enterprise level and describes the measures taken during the year, as well as quantitative and qualitative objectives, is complied with by employers (section Lp. 2433-17 and Lp. 2433-18 of the Labour Code of French Polynesia). The Committee requests the Government to also provide information on any measures taken towards this end and up-to-date information, including statistical data, on the situation of women and men in employment in the public and private sectors.
Promotion of equality of opportunity and treatment without any distinction on grounds other than sex. The Committee notes that, according to the Government’s report, there is no discrimination on the basis of race, colour, religion, political opinion, national extraction or social origin in French Polynesia. Recalling that it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it, the Committee requests the Government to take the necessary steps to formulate and adopt a policy to promote equal opportunities and treatment, without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin, encompassing not only legislative or administrative measures but also public policies or programmes of action, or the establishment of specialized bodies tasked with promoting equality and combating discrimination, in accordance with Article 2 of the Convention. Please provide information on any measures taken in this respect.
Article 5. Promotion of equal opportunities for persons with disabilities. The Committee notes the adoption of territorial Act No. 2016-9 of 14 March 2016 amending Title I of Book III of Part V of the Labour Code relating to workers with disabilities. It notes that this Act maintains, until 2017, a 2 per cent quota on a provisional basis for the compulsory employment of workers with disabilities (instead of the 4 per cent that was initially announced). The Committee requests the Government to indicate to what extent these amendments to the Labour Code of French Polynesia promote the employment of persons with disabilities and enable the integration of persons with disabilities into the labour market. Moreover, noting that the provisional statistics for 2014 provided by the Government show a clear decrease in the sanctions imposed on enterprises for non-compliance with the obligation to employ workers with disabilities, and also a drop in the number of employees with disabilities since 2011, the Committee requests the Government to provide information on the reasons for these decreases. The Committee also requests the Government to provide information on the application of the Territorial Act of 2016, indicating in particular infringements reported and sanctions imposed, and to continue to supply information on the employment of persons with disabilities in the public and private sectors.
Positive measures in favour of local employment. As regards the promotion of “local employment” in the private sector, the Committee notes that Territorial Act No. 2013-6 concerning discrimination and harassment refers to section 18 of Basic Act No. 2004-192 of 27 February 2004, which provides for the possibility of “adopting measures favouring access to waged employment in the private sector for any person having a sufficient period of residence on the territory or any person having a sufficient period of marriage, cohabitation or civil union with a person in the former category”. As emphasized in its previous comments, the Committee invites the Government to remain vigilant and to monitor closely the impact of such a mechanism on the labour market in order to ensure that it will not have a discriminatory effect and will apply to all beneficiaries without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also requests the Government to provide information, including statistical data, on the measures taken in the context of this mechanism and any evaluations conducted.
Enforcement. In view of the lack of information on this matter in the Government’s report, the Committee once again requests the Government to take the necessary steps as soon as possible to strengthen the means of action available to the labour inspectorate with a view to enabling in practice the regular and effective enforcement of the legislation relating to discrimination. The Government is also requested to supply information on any court or administrative decisions relating to discrimination or to equality in employment and occupation.

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The Committee notes with satisfaction the adoption of territorial Act No. 2013-6 of 21 January 2013 concerning discrimination and harassment amending territorial Act No. 2011-15 (Labour Code of French Polynesia), and of territorial Act No. 2013-17 of 10 May 2013 amending Decision No. 95-215 AT of 14 December 1995, as amended, issuing the General Public Service Regulations of French Polynesia and relating to discrimination, harassment and protection of personnel. It notes that the new Acts significantly strengthen the protection of workers against discrimination by establishing a mechanism for prevention and for imposing penalties for both sexual and moral harassment.
Article 1 of the Convention. Protection against discrimination. Private sector. Legislative developments. The Committee notes that territorial Act No. 2013-6 expands the list of prohibited grounds of discrimination with the addition of the following new grounds: customs, sexual orientation or identity, age, genetic characteristics, actual or supposed membership or non-membership of a nation or race, activities in mutual benefit associations, physical appearance, family name, state of health or disability (section Lp. 1121-1 of the Labour Code of French Polynesia). The Committee notes that the prohibited grounds of discrimination covered by section Lp. 1121-1 are the same as those established by section L. 1132-1 of the Labour Code applicable in metropolitan France, with the exception of “place of residence” and “particular vulnerability resulting from the economic situation [of the person], which is apparent to or known by the person committing the discrimination”, which are grounds of discrimination that were introduced into the Labour Code in February 2014 and June 2016, respectively. The Committee also notes that the ground of “colour” referred to in Article 1(1)(a) of the Convention is covered by the ground of “physical appearance” and observes that the Government confirms that the term “origin” referred to in section Lp. 1121-1 of the Labour Code of French Polynesia refers to “national extraction” within the meaning of the Convention. The Committee notes, however, that despite the recent legislative progress, the ground of “social origin”, mentioned in Article 1(1)(a) of the Convention has not been included among the grounds of discrimination prohibited by section Lp. 1121-1 of the Labour Code of French Polynesia.
Moreover, the Committee notes that section Lp. 1121-2 has inserted in the Labour Code of French Polynesia a non-exhaustive list of aspects of employment, namely dismissal, remuneration, incentives or distribution of shares, training, reclassification, assignment, qualifications, classification, promotion, transfer and contract renewal, and access to internship or a training course in an enterprise. The Committee also notes that the section now refers explicitly to direct and indirect discriminatory measures. The Committee requests the Government to provide information on any measures taken with a view to inserting the ground of “social origin” in the list of the grounds of discrimination prohibited by the Labour Code of French Polynesia (section Lp. 1121-1) so as to cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee also requests the Government to indicate the measures taken to ensure that workers are protected in practice against discrimination based on this ground. In order to extend workers’ protection against discrimination and to align it to the anti-discrimination provisions applicable in metropolitan France, the Committee invites the Government to examine the possibility of adding “place of residence” and “particular vulnerability resulting from the economic situation [of the person], which is apparent to or known by the person committing the discrimination” to the list of grounds of discrimination which are prohibited by the Labour Code of French Polynesia, and requests it to provide information on any measures taken in this respect.
Public sector. The Committee notes that territorial Act No. 2013-17 of 10 May 2013 expands the list of prohibited grounds of discrimination in respect of public service to include the following grounds: origin, sexual orientation or identity, age, family name, physical appearance, and actual or supposed membership or non-membership of a race (section 5). The Committee notes that the prohibited grounds of discrimination covered by section 5 are the same as those covered by section 6 of Act No. 83-634 of 13 July 1983 applicable in metropolitan France issuing the rights and obligations of officials, with the exception of “family situation”. The Committee notes however that despite the legislative progress made, the ground of “social origin” mentioned in Article 1(1)(a) of the Convention, is not included among the grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia. The Committee further notes that section 5 henceforth explicitly prohibits any direct or indirect distinctions between civil servants. The Committee requests the Government to provide information on any measures taken with a view to inserting “social origin” in the list of grounds of discrimination prohibited by section 5 of the General Public Service Regulations of French Polynesia so as to cover all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee also requests the Government to indicate the measures taken to ensure that public servants are protected in practice against discrimination on the basis of social origin. The Committee invites the Government to examine the possibility of adding “family situation” to the list of grounds of discrimination prohibited by this section and requests it to provide information on any measures taken in this respect. It further requests the Government to provide information on the reasons why, in French Polynesia, the list of grounds of discrimination prohibited in the public service (section 5 of the General Regulations) is more limited than the list applicable in the private sector (section Lp. 1121-1 of the Labour Code of French Polynesia) and invites it to harmonize the protection of public officials and private sector workers against discrimination in employment and occupation.
Sexual harassment and moral harassment. Public and private sectors. The Committee notes the introduction of provisions concerning sexual harassment and moral harassment into both the Labour Code of French Polynesia (Lp. 1141-1 to 1141-12) and the General Public Service Regulations of French Polynesia. These provisions define and prohibit both quid pro quo and hostile working environment sexual harassment, and provide for the protection of victims and witnesses against any form of reprisal (sanctions, dismissal, direct or indirect discriminatory measures) and also for disciplinary sanctions against persons who commit harassment. The provisions also require the employer to take measures to prevent and address sexual or psychological harassment, including the establishment of a procedure, within the internal regulations, for reporting harassment and awareness-raising actions. The Committee requests the Government to provide information on the application in practice of sections Lp. 1141-1 to 1141-12 of the Labour Code of French Polynesia and the provisions of the General Public Service Regulations of French Polynesia on sexual and moral harassment, especially with regard to the role of the inspection services in addressing sexual or moral harassment, and also on any procedure initiated on the basis of these provisions and its results.
The Committee is raising other matters in a request addressed directly to the Government.

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Legislative developments. The Committee notes that territorial Act No. 2011-15 of 4 May 2011 concerning the codification of labour law in French Polynesia came into force on 1 August 2011 and that it does not amend the previously applicable provisions with regard to discrimination. Under the terms of section Lp. 121-1, “as regards an offer of employment, recruitment or an employment relationship, no account may be taken of the person’s origin, sex, pregnancy, family situation, membership or non-membership of a particular ethnic group, political opinion, trade union activity or religious beliefs”. It is the Committee’s understanding that the term “origin” in the national context is intended to cover “national extraction” within the meaning of the Convention, namely relating to place of birth, ancestry or foreign origin. However, it wishes to draw the Government’s attention to the fact that, even though discrimination against an ethnic group constitutes racial discrimination within the meaning of the Convention, discrimination on the basis of membership or non-membership of an ethnic group does not cover all aspects of discrimination on the basis of race or colour, and discrimination on the basis of social origin even less so. Furthermore, with regard to the scope of the provisions prohibiting discrimination, the Committee notes that they apply to “an offer of employment, recruitment or an employment relationship”. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, these must encompass at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention and cover all aspects of employment and occupation including access to vocational training, access to employment and to various occupations, and also terms and conditions of employment (Article 1(3)), the Committee requests the Government:
  • (i) to take the necessary steps to include race, colour and social origin in the list of prohibited grounds of discrimination;
  • (ii) to confirm that the term “origin” refers to national extraction and that the prohibition of discrimination is applicable to all stages of employment, including with regard to access to vocational training and terms and conditions of employment.
In the absence of legislation to this effect, the Committee also requests the Government to indicate the manner in which workers are protected in practice against discrimination on the basis of race, colour or social origin.
Furthermore, noting that the Labour Code applicable in metropolitan France (section L1132-1) prohibits discrimination on the basis of origin, sex, customs, sexual orientation or identity, age, family situation or pregnancy, genetic characteristics, actual or supposed membership or non-membership of an ethnic group, nation or race, political opinions, activities in trade unions or mutual benefit associations, religious beliefs, physical appearance, family name, state of health or disability, the Committee requests the Government to indicate whether it is planned to extend the list of prohibited grounds of discrimination to French Polynesia to align it to the list of grounds of discrimination which are prohibited in metropolitan France.
In its previous comments the Committee noted that the Council of State, in a decision of 25 November 2009, found territorial Acts Nos 2009-8 LP/APF and 2009-7 LP/APF to be illegal. The two Acts were intended to promote access to employment for persons who have been resident for five years or persons who have been married to, co-habited with, or entered into a civil solidarity pact for two years with such persons. The Government indicates in its report that a new draft territorial act is being prepared. As in its previous comment, the Committee requests the Government to remain vigilant and monitor closely the impact of such a measure on the labour market in order to ensure that it does not have a discriminatory effect and that it covers all its beneficiaries without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also requests the Government to send a copy of the territorial act once it has been adopted.
Sexual harassment. The Committee notes that Act No. 2012-954 of 6 August 2012 concerning sexual harassment, which is applicable to French Polynesia (section 10), amends the Penal Code by reintroducing the offence of sexual harassment into section 222-33, the Labour Code, Act No. 83-634 of 13 July 1983 (concerning public officials), the Labour Code applicable to Mayotte, and Act No. 52-1322 of 15 December 1952 establishing the Labour Code in the French overseas territories and associated territories. Under the terms of section 222-33 of the Penal Code, which is applicable to French Polynesia, “sexual harassment is the fact of repeatedly subjecting a person to remarks or conduct with sexual connotations which either undermine the dignity of the person because of their degrading or humiliating nature or create an intimidating, hostile or offensive situation for that person. Sexual harassment is also deemed to be the fact of using, even on a non-repetitive basis, any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether for the benefit of the perpetrator or for the benefit of a third party.” Penalties are also established. As regards the labour legislation applicable to French Polynesia, the Committee observes that territorial Act No. 2011-15 of 4 May 2011 concerning the codification of labour legislation in French Polynesia does not contain any provision concerning sexual harassment and notes that this Act repeals Act No. 52-1322 of 15 December 1952 establishing a Labour Code in the French overseas territories and associated territories, in so far as it applies to French Polynesia. It is therefore the Committee’s understanding that, in its current wording, the labour law applicable to French Polynesia, unlike the Penal Code, does not contain any provisions concerning sexual harassment at work (definition, prohibition, penalties, etc.). In this respect, the Committee notes that, according to the Government’s report, draft legislation concerning sexual harassment is being drawn up and is due to be adopted soon by the Assembly of French Polynesia. The Committee requests the Government to take the necessary steps without delay to prevent and prohibit sexual harassment at work (quid pro quo and hostile work environment sexual harassment) and to send a copy of the law or regulations concerning sexual harassment once it has been adopted. The Government is also requested to provide information on any criminal law proceedings instituted with regard to sexual harassment at work.
Promotion of equality of opportunity and treatment for men and women. In its previous comment the Committee noted that women were under-represented in positions of responsibility and were seriously affected by unemployment, and urged the Government to take steps to promote women’s access to employment. In its report the Government merely indicates that territorial Act No. 2011-15 establishes the principles for promoting equal opportunities for men and women. The Committee notes that section Lp. 1131-1 of the Labour Code provides for the possibility of adopting “temporary measures adopted solely for women aimed at establishing equal opportunities for men and women, particularly by rectifying de facto inequalities which affect opportunities for women”. Again emphasizing the importance of adopting proactive measures to tackle the underlying causes of gender discrimination, the Committee requests the Government to take the necessary steps without delay, and in cooperation with the social partners, to facilitate access for women to a wider range of jobs and occupations and particularly to positions of responsibility, and to provide information on the application in practice of section Lp. 1131-1 of the Labour Code. The Government is also requested to provide up-to-date information, including statistical data, on the situation of women and men in employment in the public and private sectors.
Promotion of equality of opportunity and treatment regarding grounds other than sex. The Committee encourages the Government to take the necessary steps to formulate and adopt a policy to promote equal opportunities and treatment, without any distinction on the basis of race, colour, religion, political opinion, national extraction or social origin, encompassing not only legislative or administrative measures but also public policies or programmes of action, or the establishment of specialized bodies tasked with promoting equality and dealing with complaints.
Promotion of equal opportunities for persons with disabilities. The Committee welcomes the significant increase in the number of workers with disabilities employed in enterprises, which rose from 80 in 2009 to 157 in 2010. The Committee notes the Government’s indication that this increase is due to the impact of territorial Act No. 2009-11 of 7 July 2009, which imposes on employers under public or private law who have at least 25 employees the obligation to hire workers with disabilities (4 per cent of the total workforce). The Committee requests the Government to continue to supply statistical information on the employment of workers with disabilities in enterprises with 25 or more employees, disaggregated between the public and private sectors. It also requests the Government to supply information on the application of the Act of 2009, indicating in particular infringements which have been reported and penalties which have been imposed.
Enforcement. The Committee notes the Government’s indication that labour inspection officials have neither the human nor material resources to collect and supply information on cases of discrimination identified during inspections. The Committee therefore requests the Government to take the necessary steps as soon as possible to strengthen the means of action available to the labour inspectorate with a view to enabling regular and effective enforcement in practice of the legislation relating to discrimination. The Government is also requested to supply information on any court or administrative decisions relating to discrimination and to equality in employment and occupation.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 1 of the Convention. Discrimination on grounds other than sex. The Committee notes that territorial Act No. 2009-8 LP/APF on the protection of local employment in the private sector and territorial Act No. 2009-7 LP/APF adopting measures to give effect in the public service of French Polynesia to the provisions of section 18 of Basic Act No. 2004-192 of 27 February 2004 establishing the autonomous status of French Polynesia, to which the Government refers in its report, were found illegal by the Council of State on 25 November 2009. The two Acts were intended to promote access to professional activities and sectors in the private sector, the list of which would have been determined by order, as well as access to the public service by persons who have been resident for five years or persons who have been married to, cohabited with or entered into a civil solidarity pact for two years with such persons. The Committee requests the Government to indicate whether it envisages adopting new legislation to promote local employment. If so, it invites it to remain vigilant and follow closely the impact of such a measure on the labour market with a view to ensuring that it does not have a discriminatory effect and that it covers all of its beneficiaries, without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.
Sexual harassment. With regard to sexual harassment, the Government’s report indicates that only the metropolitan Act, in its version prior to Act No. 2002-73 of 17 January 2002, remains in force in French Polynesia, despite the request made by the Government of Polynesia. It adds that the territorial Bill on occupational health contains provisions prohibiting acts of sexual harassment. The Committee notes that territorial Act No. 2010-10 of 19 July 2010 on occupational health has been adopted in the meantime and observes that it does not contain any provisions relating to sexual harassment. The Committee therefore requests the Government to indicate the manner in which workers are afforded protection against sexual harassment in French Polynesia and to indicate whether it is planned to include provisions on this matter in the labour legislation. The Government is also requested to provide information on any specific measures adopted, such as awareness-raising campaigns, with a view to preventing and eliminating this discriminatory practice, as well as on cases of sexual harassment which have come to the knowledge of the competent authorities and any action taken as a result.
Promotion of equal opportunities for men and women. The Committee notes that, according to the statistics provided by the Government, women, particularly those under 25 years of age, are more affected by unemployment than men and that they only account for around 30 per cent of managerial staff in enterprises, the public service and the liberal professions, and 24.4 per cent of heads of enterprises with over ten employees. The Committee notes the information provided by the Government to the effect that there has been dialogue between administrative services and associations on the issue of discrimination between men and women, including on equal remuneration, but that beyond the events and reflection accompanying International Women’s Day, no tangible action has been taken. With reference to its previous comments, in which it emphasized the importance of adopting proactive measures favouring women’s employment, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to promote the access of women to employment, and particularly to positions of responsibility, in both the private sector and the public service. The Government is also asked to continue providing information on developments in the situation of women on the labour market.
Promotion of equality of opportunity and treatment without distinction on the grounds other than sex enumerated in Article 1(1)(a). The Committee would be grateful if the Government would provide information on any tangible measures adopted with a view to the effective promotion of equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds other than sex enumerated in Article 1(1)(a) of the Convention.
Promotion of equality of opportunity for persons with disabilities. Noting the adoption of territorial Act No. 2009-11 of 7 July 2009 amending various provisions on the vocational integration of persons recognized as being workers with disabilities, the Committee requests the Government to provide information on the impact of these new provisions on the employment of persons with disabilities, and to provide any available statistical data on this subject.
Enforcement. The Committee notes the information on the activities of the labour inspectorate and notes that, according to the Government, it is not possible to provide reliable figures as cases of discrimination are not followed up in detail. The Committee recalls that the analysis of data on discrimination is important in designing and measuring the impact of measures intended to prevent and combat discrimination effectively. The Committee therefore hopes that the Government will soon be in a position to provide specific information on the cases of discrimination reported by labour inspectors.

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Article 1 of the Convention. Discrimination on grounds other than sex. The Committee notes that territorial Act No. 2009-8 LP/APF on the protection of local employment in the private sector and territorial Act No. 2009-7 LP/APF adopting measures to give effect in the public service of French Polynesia to the provisions of section 18 of Basic Act No. 2004-192 of 27 February 2004 establishing the autonomous status of French Polynesia, to which the Government refers in its report, were found illegal by the Council of State on 25 November 2009. The two Acts were intended to promote access to professional activities and sectors in the private sector, the list of which would have been determined by order, as well as access to the public service by persons who have been resident for five years or persons who have been married to, cohabited with or entered into a civil solidarity pact for two years with such persons. The Committee requests the Government to indicate whether it envisages adopting new legislation to promote local employment. If so, it invites it to remain vigilant and follow closely the impact of such a measure on the labour market with a view to ensuring that it does not have a discriminatory effect and that it covers all of its beneficiaries, without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.

Sexual harassment. With regard to sexual harassment, the Government’s report indicates that only the metropolitan Act, in its version prior to Act No. 2002-73 of 17 January 2002, remains in force in French Polynesia, despite the request made by the Government of Polynesia. It adds that the territorial Bill on occupational health contains provisions prohibiting acts of sexual harassment. The Committee notes that territorial Act No. 2010-10 of 19 July 2010 on occupational health has been adopted in the meantime and observes that it does not contain any provisions relating to sexual harassment. The Committee therefore requests the Government to indicate the manner in which workers are afforded protection against sexual harassment in French Polynesia and to indicate whether it is planned to include provisions on this matter in the labour legislation. The Government is also requested to provide information on any specific measures adopted, such as awareness-raising campaigns, with a view to preventing and eliminating this discriminatory practice, as well as on cases of sexual harassment which have come to the knowledge of the competent authorities and any action taken as a result.

Promotion of equal opportunities for men and women. The Committee notes that, according to the statistics provided by the Government, women, particularly those under 25 years of age, are more affected by unemployment than men and that they only account for around 30 per cent of managerial staff in enterprises, the public service and the liberal professions, and 24.4 per cent of heads of enterprises with over ten employees. The Committee notes the information provided by the Government to the effect that there has been dialogue between administrative services and associations on the issue of discrimination between men and women, including on equal remuneration, but that beyond the events and reflection accompanying International Women’s Day, no tangible action has been taken. With reference to its previous comments, in which it emphasized the importance of adopting proactive measures favouring women’s employment, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to promote the access of women to employment, and particularly to positions of responsibility, in both the private sector and the public service. The Government is also asked to continue providing information on developments in the situation of women on the labour market.

Promotion of equality of opportunity and treatment without distinction on the grounds other than sex enumerated in Article 1(1)(a). The Committee would be grateful if the Government would provide information on any tangible measures adopted with a view to the effective promotion of equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds other than sex enumerated in Article 1(1)(a) of the Convention.

Promotion of equality of opportunity for persons with disabilities. Noting the adoption of territorial Act No. 2009-11 of 7 July 2009 amending various provisions on the vocational integration of persons recognized as being workers with disabilities, the Committee requests the Government to provide information on the impact of these new provisions on the employment of persons with disabilities, and to provide any available statistical data on this subject.

Enforcement. The Committee notes the information on the activities of the labour inspectorate and notes that, according to the Government, it is not possible to provide reliable figures as cases of discrimination are not followed up in detail. The Committee recalls that the analysis of data on discrimination is important in designing and measuring the impact of measures intended to prevent and combat discrimination effectively. The Committee therefore hopes that the Government will soon be in a position to provide specific information on the cases of discrimination reported by labour inspectors.

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1. Article 1 of the Convention. Discrimination on grounds other than sex. The Committee notes that the provisions of the Organic Act No. 2004-192 concerning the promotion of local employment have not yet been implemented by the Government. The Committee notes that the Government intends to present a bill on the promotion of local employment in pursuance of the provisions of the Convention. The Committee emphasizes that pursuant to section 18 of the Organic Act the Government may favour access to an occupational activity for persons who have resided in the territory for a sufficient length of time or persons who have been married, have cohabited or have been subject to a civil solidarity pact for a sufficient length of time. The Committee notes from this section that measures taken in pursuance of this provision must be justified by objective criteria for each type of occupational activity and each sector of activity, in direct relation with the need for the support or promotion of local employment. The Committee emphasizes that the Convention does not deal with employment-related discrimination based on a sufficient duration of residency, marriage, cohabitation or civil solidarity pact. It notes, however, that provisions for the promotion of local employment which lead, in practice, to indirect discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, would not be consistent with the principles set forth in the Convention. The Committee hopes that the Government will ensure that the bill on the promotion of local employment will fully reflect the principles set forth in the Convention. The Committee asks the Government to continue to keep it informed of the progress made in respect of the adoption of this Act, and of the measures taken to ensure that the promotion of local employment benefits everyone, without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

2. Sexual harassment. The Committee notes that section 222-33 of the Penal Code prohibits certain forms of sexual harassment. The Committee also notes the Government’s statement to the effect that it plans to include provisions relating to sexual and moral harassment in labour legislation. The Committee emphasizes the importance of prohibiting in the legislation, “quid pro quo” sexual harassment and harassment in the form of a hostile working environment. The Committee refers the Government to its 2002 general observation so that it can take the necessary steps to ensure effective protection in law and practice against this type of discrimination. The Committee asks the Government to continue providing information on the measures taken in law and practice to prohibit, prevent and punish sexual harassment in employment and training.

3. Promotion of equal opportunities for men and women. The Committee notes that, according to a study published by the Statistics Institute of French Polynesia on the situation of women in Polynesia, women hold 47.4 per cent of General Assembly seats and account for 37 per cent of directors of individual enterprises. It notes, however, that progress is yet to be made in terms of women’s access to positions of responsibility, since they represent only 32 per cent of managerial staff and liberal professionals. The Committee also notes that women only account for 8.3 per cent of mayors and 25 per cent of ministers. The Committee notes that over the last ten years the participation of women in managerial positions and the liberal professions has increased by only 3 per cent. Given this slow progress, the Committee reminds the Government of the importance of taking proactive measures to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, but in technical and industrial jobs, managerial posts and positions of responsibility. The Committee emphasizes that the implementation of proactive measures favouring women’s access to employment is particularly important given that many women obtain their baccalaureate qualification (18 per cent of women as opposed to 12 per cent of men) and continue on to higher education (12 per cent of women, 10 per cent of men). The Committee asks the Government, once again, to provide information on all the measures taken to eliminate the gap between the participation of men and women in access to employment and, in particular, in access to positions of responsibility. The Committee encourages the Government to continue its efforts in collecting statistical data so that it can assess the progress made in respect of equal opportunities and better understand the challenges that the Government has yet to meet.

4. Implementation of legislation. The Committee notes that the labour inspectorate monitors the implementation of provisions on equal access to employment by carrying out visits to workplaces on its own initiative. The Committee also notes that the Labour Service provides employees and employers with all kinds of information relating to labour law and participates in the conciliation of individual labour disputes. The Committee notes that the courts have not handed down any judicial decision relating to the application of the Convention. The Committee asks the Government to provide more detailed information on the inspections carried out in workplaces, in particular on the number and nature of violations of the principle of equality which have been identified by labour inspectors and on how the inspectors deal with such violations. The Committee asks the Government to continue to keep it informed of the judicial decisions handed down in relation to equal access to employment and training.

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1. Article 1 of the Convention. Discrimination on the basis of other grounds. The Committee notes that section 18 of the Organic Act No. 2004-192 of 27 February 2004 regulating the autonomy of French Polynesia provides that, with respect to access to employment and occupation in the private sector and the civil service, measures can be taken in favour of local residents provided that these measures can be objectively justified and are directly related to the promotion of local employment. Noting the Government’s statement that it intends to apply these provisions in full compliance with the provisions of Convention No. 111, it encourages the Government to monitor these measures regularly so as to ensure that their application in practice does not indirectly result in discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin.

2. Sexual harassment. Further to its 2002 general observation, the Committee requests the Government to provide further information with its next report on the measures taken or envisaged to prohibit sexual harassment in employment and occupation.

3. Articles 2 and 3. Practical application of the national policy. In the absence of any reply in the Government’s report on this point, the Committee reiterates its request to the Government to provide full information on recent policies and practical measures to combat distinctions, exclusions or preferences on the basis of the criteria set forth in Article 1(1)(a) of the Convention. The Government is also requested to supply recent statistical data on the distribution of men and women in various economic sectors and occupations, and their participation in vocational training courses.

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The Committee notes the Government’s report for French Polynesia, which includes statistical data.

1. Following its previous request, the Committee takes note of the indication of the Government that no measures have been adopted or envisaged by the Higher Council for Employment, Vocational Training and Social Promotion to promote the equality of opportunity and treatment in employment and occupation for men and women workers. The Committee notes the Government’s statement that equality in this area is ensured through local and national regulations. It requests the Government to supply copies of such provisions with its next report and the information on policies and practical measures to combat distinctions, exclusions or preferences on the basis of the criteria set forth in Article 1(1)(a) of the Convention.

2. The Committee asks the Government to provide information on the number of cases and type of allegations that have been brought to the attention of the labour inspectorate in relation to the violation of the principle of equality of opportunity and treatment in respect of employment and occupation.

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The Committee notes the Government’s report and the attached statistical information for French Polynesia.

1. The Committee notes the creation in 1999 of the tripartite Higher Council for Employment, Vocational Training and Social Promotion by Order No. 1837 of 27 December 1999, replacing the Higher Commission on Employment and Vocational Training. Noting that the Council has to adopt an employment policy every year and carry out evaluations of the policy, the Committee requests the Government to provide detailed information with its next report on the measures adopted or envisaged by the Higher Council for Employment, Vocational Training and Social Promotion as they relate to equality of opportunity and treatment in employment and occupation for men and women workers.

2. The Committee notes in particular the information on the activities of the Agency for Employment and Vocational Training (AEFP) in 1999 relating to the registration of job offers from employers. It notes in particular that 41 per cent of men were seeking employment, compared with 33 per cent of women. It also notes that 38 per of cent women jobseekers, compared to 62 per cent men benefited from enterprise integration contracts in 1999. It therefore requests the Government to provide information with its next report on the criteria used to select workers for enterprise integration contracts. The Committee also requests the Government to continue providing statistical information on the number of jobseekers, as well as the respective employment levels of men and women workers.

3. With reference to its previous comments, the Committee notes the Government’s statement that job offers for workers of a specific gender do not constitute a majority of the vacancies available and that the three job categories indicated by Order No. 412 CM of 14 May 1993 determining the list of jobs and occupations for which it is an inherent requirement to belong to a specific sex do not represent a majority of job offers. Please continue to provide information including statistical data on the practical application of Order No. 412 CM.

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1. The Committee notes the Government's report, in particular the information on the method used by the Agency for Employment and Vocational Training (AEFP) for registering job offers from employers. The Committee notes, moreover, that according to the statistics supplied by the Government for 1991, 1995 and 1996, a minority of job offers related to candidates of either sex and the great majority of job offers applied only to candidates of a specified sex. To take the most recent example, in 1996 only 40 per cent of job offers concerned candidates of either sex. Consequently, around 60 per cent of job offers were for candidates of a specified sex. Under Order No. 412 CM of 14 May 1993, which lays down the list of jobs and occupations for which it is an inherent requirement to belong to one sex or the other, only three categories of job are concerned, namely: (a) actors called on to interpret either a female role or a male role; (b) mannequins required to present clothes and accessories; and (c) male and female models.

2. The Committee would therefore be grateful if the Government would indicate whether these three job categories do in fact constitute the majority of job offers in French Polynesia. It reiterates its previous request for the Government to supply copies of certain of the job offers made for only male candidates or female candidates. Finally, noting that the description of the method used by the AEFP to register job offers indicates that "posts that are difficult to fill, particularly highly qualified jobs" are published in the written press or on television, the Committee requests the Government to supply information on the nature of these highly qualified jobs.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government's report does not contain a reply to its previous direct request in which it asked for a description of the method used for registering job offers from employers, since analysis of the offers registered with the AEFP showed that the Agency allowed an enterprise seeking a worker to register its wishes regarding the worker's sex, despite Decision No. 91-004 of 1991 which proscribes a mention of the sex or family situation of workers sought. The Committee notes, moreover, the statistics provided with the Government's reports under Conventions Nos. 111 and 122 which show that, for 1991, job offers linked to the sex of the worker were common: 61 per of the total were offered for men; 24 per cent for women; and only 14 per cent of offers were made irrespective of sex. In its most recent report, the Government supplies statistics for 1995 and 1996 in regard to job offers as follows: 39 per cent for each year for men; 25 per cent and 22 per cent respectively for women; 35 per cent and 40 per cent respectively for candidates of both sexes. In explanation, the Government refers to Order No. 412 CM of 14 May 1993 which lays down, in accordance with Article 1, paragraph 2, of the Convention, the list of jobs and occupations for which it is an inherent requirement to belong to one sex or the other: actors called on to interpret either a female role or a male role, mannequins required to present clothes and accessories, and male and female models.

2. Recalling the provisions of Article 3(e) of the Convention regarding observance of the national policy of equality irrespective of, inter alia, the worker's sex in the activities of placement services, and paragraph 94 of its 1996 Special Survey on equality in employment and occupation, the Committee again requests the Government to supply a description of the method used by the AEFP in registering job offers from employers so that the Committee can verify whether the offers comply with the Convention and the Order of 14 May 1993 cited by the Government. The Committee also requests copies of the offers which are made for only male workers or only female workers.

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The Committee notes the Government's report, in particular the detailed activities report of the Agency for Employment and Vocational Training (AEFP) for 1996.

1. The Committee notes that the Government's report does not contain a reply to its previous direct request in which it asked for a description of the method used for registering job offers from employers, since analysis of the offers registered with the AEFP showed that the Agency allowed an enterprise seeking a worker to register its wishes regarding the worker's sex, despite Decision No. 91-004 of 1991 which proscribes a mention of the sex or family situation of workers sought. The Committee notes, moreover, the statistics provided with the Government's reports under Conventions Nos. 111 and 122 which show that, for 1991, job offers linked to the sex of the worker were common: 61 per of the total were offered for men; 24 per cent for women; and only 14 per cent of offers were made irrespective of sex. In its most recent report, the Government supplies statistics for 1995 and 1996 in regard to job offers as follows: 39 per cent for each year for men; 25 per cent and 22 per cent respectively for women; 35 per cent and 40 per cent respectively for candidates of both sexes. In explanation, the Government refers to Order No. 412 CM of 14 May 1993 which lays down, in accordance with Article 1, paragraph 2, of the Convention, the list of jobs and occupations for which it is an inherent requirement to belong to one sex or the other: actors called on to interpret either a female role or a male role, mannequins required to present clothes and accessories, and male and female models.

2. Recalling the provisions of Article 3(e) of the Convention regarding observance of the national policy of equality irrespective of, inter alia, the worker's sex in the activities of placement services, and paragraph 94 of its 1996 Special Survey on equality in employment and occupation, the Committee again requests the Government to supply a description of the method used by the AEFP in registering job offers from employers so that the Committee can verify whether the offers comply with the Convention and the Order of 14 May 1993 cited by the Government. The Committee also requests copies of the offers which are made for only male workers or only female workers.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Decision No. 91-004/AT of 17 January 1991 respecting equal remuneration and equality between women and men workers, and of Decision No. 91-026/AT of 18 January 1992 respecting further vocational training. It also notes the statistics on the number and type of vocational training courses organized in 1991 and, in this connection, the Government's indication that sex, ethnic extraction and religion are not criteria which are taken into account in statistics. It also notes that statistical data on the distribution of jobs are not at present available and will be transmitted as soon as possible.

The Committee hopes that the Government will be able to supply in its future reports detailed information on the measures which have been taken or are envisaged to promote the effective application of the principle of non-discrimination laid down in the Convention and the above legislation, particularly with regard to access to training and employment. With reference to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation, it once again requests the Government to endeavour to compile, with the collaboration of employers' and workers' organizations and any appropriate body, information, and particularly statistics, which makes it possible to gain a better view of the situation of women in respect of training and employment, and to supply with its future reports information on the number of women employed in the public and private sectors and the number of women participating in vocational training courses, as well as the positive measures taken to facilitate the access of women to training and employment, particularly in occupations which are traditionally reserved for men.

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The Committee notes the information supplied by the Government in response to its previous direct request.

It notes, however, from information contained in the Government's report under Convention No. 122, that an analysis of job offers lodged by employers with the Agency for Employment and Vocational Training showed that the Agency permitted the registration of requests from enterprises seeking workers of one or other sex. The Committee further notes from the statistics provided with the Government's Convention No. 111 report (and with the report for Convention No. 122) that, for the year 1991, job offers linked to the sex of the worker were common: 61 per cent of the total for that year were offered to men; 24 per cent were offered to women; and only 14 per cent of the total job offers were made irrespective of sex to both men and women.

The Committee notes that in its reports under both Conventions the Government stresses that Decision No. 91-004 of 1991 proscribes a mention of the sex or family situation of workers sought in job offers, and that the Agency does not engage in any discrimination itself in the offering of jobs to jobseekers. The Committee would nevertheless appreciate receiving a description of the Agency's method of registering job offers from employers, as well as statistical data on any job offers made specifically to workers of one sex or the other where the requirement as to sex is not an inherent requirement of the job.

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The Committee notes the information supplied by the Government in its report in reply to its previous direct request.

The Committee notes with interest the adoption of Decision No. 91-004/AT of 17 January 1991 respecting equal remuneration and equality between women and men workers, and of Decision No. 91-026/AT of 18 January 1992 respecting further vocational training. It also notes the statistics on the number and type of vocational training courses organized in 1991 and, in this connection, the Government's indication that sex, ethnic extraction and religion are not criteria which are taken into account in statistics. It also notes that statistical data on the distribution of jobs are not at present available and will be transmitted as soon as possible.

The Committee hopes that the Government will be able to supply in its future reports detailed information on the measures which have been taken or are envisaged to promote the effective application of the principle of non-discrimination laid down in the Convention and the above legislation, particularly with regard to access to training and employment. With reference to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation, it once again requests the Government to endeavour to compile, with the collaboration of employers' and workers' organizations and any appropriate body, information, and particularly statistics, which makes it possible to gain a better view of the situation of women in respect of training and employment, and to supply with its future reports information on the number of women employed in the public and private sectors and the number of women participating in vocational training courses, as well as the positive measures taken to facilitate the access of women to training and employment, particularly in occupations which are traditionally reserved for men.

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The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the points raised in its previous direct request, which read as follows:

1. The Committee has taken note of the Government's first report on the application of the Convention and has also examined the text of Act No. 86-845 of 17 July 1986 respecting the general principles of labour law and the organisation and operation of the labour inspectorate and the labour tribunals in French Polynesia. The Committee notes with interest section 2 of the Act, which provides that origin, sex, state of pregnancy, family status, membership or non-membership of an ethnic group, political opinion, trade union activities or religious convictions must not be taken into account in offering employment, recruitment and the employment relationship. The Committee also notes the Government's statement that Decisions are to be adopted to implement the provisions of the above Act in the field of employment and vocational training and to enable the Polynesian population to have access to supervisory posts.

The Committee asks the Government to provide the texts of the Decisions adopted to this end and to indicate the practical measures taken to promote the effective application of the principle of non-discrimination laid down in the Convention and in the above legislation, with regard to (a) access to vocational training, (b) access to employment and (c) conditions of employment. The Committee would also be grateful if the Government would provide statistical data (by sex, national extraction and religion) of persons who have attended vocational training courses and persons employed in the public and private sectors, including the agricultural sector.

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The Committee has taken note of the Government's first report on the application of the Convention and has also examined the text of Act No. 86-845 of 17 July 1986 respecting the general principles of labour law, and the organisation and operation of the labour inspectorate and the labour tribunals in French Polynesia. The Committee notes with interest section 2 of the Act, which provides that origin, sex, the state of pregnancy, family status, membership or non-membership of an ethnic group, political opinion, trade union activities or religious convictions must not be taken into account in offering employment, recruitment and the employment relationship. The Committee also notes the Government's statement that Decisions are to be adopted to implement the provisions of the above Act in the fields of employment and vocational training and to enable the Polynesian population to have access to supervisory posts.

The Committee asks the Government to provide the texts of the Decisions adopted to this end and to indicate the practical measures taken to promote effective application of the principle of non-discrimination laid down in the Convention and in the above legislation, with regard to (a) access to vocational training, (b) access to employment, and (c) conditions of employment. The Committee would also be grateful if the Government would provide statistical data (by sex, national extraction and religion) of persons who have attended vocational training courses and persons employed in the public and private sectors, including the agricultural sector.

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