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18351

Question 18351 — overseas

openFrance· National Assembly· FR

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4 June 2024

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4 June 2024

Summary

Mr. Tematai Le Gayic draws the attention of the Minister of the Interior and Overseas Territories to illegal work in Polynesia. This practice has deleterious social and economic consequences. In fact, it leads to the precariousness of workers and a considerable loss of income for communities. In order to perfect its legislative arsenal to fight against this practice, Polynesia intends to put in place dissuasive sanctions and more effective control procedures. As for sanctions, the establishment of prison sentences and the extension of existing sentences require prior legislative approval provided for by article 21 of the organic law n° 2004-192 of February 27, 2004 establishing the autonomy status of Polynesia. However, letters sent to the overseas ministry in 2019 remained unanswered. Their aim was to know the wish of the Government of Polynesia that a national law of approval of the prison sentences provided for in article Lp. 6 of the country's law n° 2018-20 of May 4, 2018 apply in Polynesia is adopted. However, it is essential for Polynesia that strong penalties accompany the offenses introduced in the fight against illegal work. Likewise, in 2017, was transmitted to the Ministry of overseas a draft law of the country which aimed to put in place measures to research and report offenses relating to illegal work. In accordance with article 32 of organic law n° 2004-192 of February 27, 2004 establishing the autonomy status of Polynesia, to adopt laws of the country intervening within the scope of article 31 of the same statute (in particular the investigation and findings of offenses), the president of the country or of the Assembly of Polynesia must transmit the country's draft law to the Minister for Overseas Territories, who has a period of two months after acknowledgment of receipt to present a draft decree to the Prime Minister. No response was given to this project. He asks him if he intends to participate in the fight against illegal work in Polynesia by taking the necessary measures.

Machine translation from French. The official text remains authoritative.

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