Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report. The Committee recalls its previous observations, in which it requested the Government to take all appropriate measures to bring the territorial regulations into conformity with the requirements of the Convention, pursuant to the recommendations of the committee of the Administrative Council, put in charge of the examination of the representation made by the Federation of World Trade Unions (FSM) in virtue of article 24 of the Constitution, which alleged non-observance of this Convention by France. In its reply, the Government indicates that Order No. 686/CM of 2 June 1987 fixing the conditions for the organization and financing of professional diving, and Decision No. 87-79 AT of 12 June 1987 fixing the particular measures of protection applicable to divers, will be repealed on 1 December 2001, the date on which Decision No. 2000-130 APF of 26 October 2000 on the occupation of professional divers, on the particular measures of protection applicable to workers, who intervene in a hyperbaric environment, as well as on the organization of their vocational training, will enter into force.

The Committee notes with interest that this Decision provides a new diploma for professional diving composed of four categories, which correspond to those in force in metropolitan France. The Committee also notes that this new classification abolishes the discriminating effect of the old one, which did not recognize the qualifications of professional divers of Polynesian origin in metropolitan enterprises established on the territory of French Polynesia. Besides, the Committee notes that the new Decision introduces a system of diver training, the safety provisions of which are adapted to the requirements of professional diving, distinct and stricter than those for amateur diving. Nevertheless, the Committee notes that, according to its indications in its last report, the Government considers the text of the Decision not to be in conformity with the general principles of labour law and has accordingly referred this Decision to the competent jurisdiction for the purpose of repealing some of its provisions. In this respect, the Committee requests the Government to specify the provisions in question and to inform it of any development concerning the revision procedure of this Decision on the occupation of professional divers.

The Committee finally notes Order No. 98-5222 of 24 June 1998 on the actualization and adaptation of the labour law in territories, communities and departments overseas, which completes the Outline Law No. 86-845 of 17 July 1986 fixing the general principles of labour law in French Polynesia. It asks the Government to continue to supply, in accordance with Part V of the report form, information on the application of the Convention, including, for instance, extracts of official reports, copies of collective agreements or decisions of conciliatory bodies, as well as information on any practical difficulty faced in the application of the Convention.