Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. With reference to its previous observations, the Committee has noted the comments made by the National Federation of Maritime Trade Unions (FNSM) sent by letter of 9 August 1994, and repeated in a letter of 17 January 1995, which recall that the situation of foreign seamen employed on board French ships registered in the French Southern and Antarctic Territories has not improved and has even worsened so that they continue to be subject to discrimination on the basis of their nationality, in contradiction particularly with Article 1, paragraph 1(b), of the Convention. The Committee has also noted the observations of the French Democratic Confederation of Labour (CFDT) dated 13 January 1995 stating that different salaries are paid for equal work on the basis of the contract and country of origin of seafarers working on ships registered in the French Southern and Antarctic Territories.

2. In a general observation of 1995, the Committee noted that, in its reply received on 20 February 1995, the Government reiterated its previous statement that the provisions of Act No. 52-1322 of 15 December 1952 issuing an Overseas Labour Code are applicable to such seafarers, whatever their nationality, along with the standards contained in the ILO Conventions, specifically Convention No. 111, which are implemented directly under the Constitution. The Committee noted that the dispute between the FNSM and the administration responsible for the merchant navy on the legality of Decree No. 87-190 of 20 March 1987 pertaining to the registration of vessels in the French Southern and Antarctic Territories, amended most recently by Decree No. 93-979 of 4 August 1993, had been brought before the Conseil d'Etat of the Republic and that the Committee would be informed of the situation as soon as it was known regarding the legality of that registration and its conformity with the Conventions ratified. The Committee notes that a Bill to modernize transport, submitted to Parliament, will provide greater legal security to the status of seafarers on board vessels registered in the French Southern and Antarctic Territories.

3. The Committee notes, however, that in its above-mentioned comments, sent by letter of 17 January 1995, the FNSM states that the Government replies are incorrect and incomplete and that no international labour Convention, particularly Convention No. 111, is applied on board French ships registered in the French Southern and Antarctic Territories. Furthermore, the FNSM alleges that the Bill modernizing transport mentioned in the Government's reply will not be applicable to foreign seafarers on board these ships.

4. Moreover, the Committee notes that in its comment of 13 January 1995, the CFDT states that it is quite improper that, six years after the CGT complaint was submitted, the Conseil d'Etat has still not ruled on this appeal. The CFDT also contests the Government's affirmation that the Bill in question will bring greater legal security to the status of seafarers on board these ships.

5. With reference to its previous general observation, the Committee requests the Government once again to supply in its next report detailed information on the measures taken to bring national practice into conformity with section 91 of the Overseas Labour Code and with the Convention. The Committee hopes that the Conseil d'Etat will shortly give its decision on the appeal which has been pending for a number of years and that a copy of it will be sent to the Committee as soon as possible. The Committee also requests the Government to send it a copy of the Act on modernization of transport as soon as it is adopted and to clarify the impact of this law on the situation of foreign seafarers on board vessels registered in the French Southern and Antarctic Territories vis-à-vis the Convention.