Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee noted in its previous comments that a new Constitution was adopted by referendum on 23 July 2000. It noted that the general principle of equality before the law is affirmed in article 30, which provides that the Republic of Côte d’Ivoire "guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion". With regard to employment and occupation, the Committee noted that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion." The Committee recalled that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1(1)(a) of the Convention. Noting that the Government did not reply to its previous comments, the Committee must ask again for information on the measures taken to ensure the elimination of any discrimination in employment and occupation in practice, on the basis of race, colour, national extraction and social origin, which are not mentioned in the prohibited grounds of discrimination in employment in the new Constitution.

2. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "all particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and noted that this provision has been replaced in the current Constitution by article 10, which provides that "any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited". The Committee noted that, while the new provision now covers religious hatred, it no longer punishes discrimination. The Committee notes that the Government did not reply to the previous comments; therefore it must again ask for information on the measures taken or envisaged to combat racial and ethnic discrimination, in particular in the field of employment, including the penalties which can be imposed in cases of propaganda of a racial or ethnic character. Finally, the Committee once again asks the Government for a copy of the Organic Act determining the functions of the Mediator of the Republic.

3. The Committee notes that the Government did not supply any statistical data on women’s and men’s participation in employment, occupation and training. It also notes the list of Acts adopted to ensure equality of opportunity and treatment both in the public and private sector. However, the Committee must recall that the legal prohibition of discrimination, while essential, is not sufficient to eliminate discrimination or achieve equality in actual practice. In this regard, the Committee notes the Government’s statement that in practice, given the same level of education, employers prefer male workers over female ones, and that this may be explained by the protection that women benefit from under the national labour law. Noting that this preference also may reflect negative attitudes or stereotypes of women’s participation in the labour market, the Committee urges the Government to consider undertaking positive measures in order to enhance women’s participation in employment, occupations and training and to correct de facto inequalities. Moreover, the Committee would appreciate receiving information on the educational and awareness-raising programmes established to secure the acceptance and observance of the principle set forth in the Convention. Further to the issue of protection of women in labour law, the Government may wish to undertake a review of all existing legislation, in consultation with representatives of employers’ and workers’ organizations and women workers to assess any special provisions for women to determine their necessity and appropriateness in view of the objective of equal opportunity and treatment, and in light of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and treatment. Please also supply statistical data on men’s and women’s participation in the labour market, both in private and public sectors.

4. The Committee notes the Government’s statement that no particular difficulties have been encountered in the application of the Convention. However, it also notes that the Government did not supply any information on labour inspection, or on any decisions by courts of law concerning the application of the Convention. The Committee is concerned by these statements given that no difficulties usually means a lack of awareness and/or insufficient complaint or inspection mechanism. Therefore, the Committee requests the Government to supply in its next report data on the number of inspections conducted, the violations identified and the action taken. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention.

5. Regarding the cooperation with workers’ and employers’ organizations, the Committee notes the information in the Government’s report on the tripartite structure of the Technical Committee on Hygiene and Safety and on the Consultative Commission of Labour. The Committee would appreciate receiving information on the form this collaboration assumes in practice, recalling that workers’ and employers’ cooperation is aimed to prepare and monitor the application of measures adopted within the framework of the national policy referred to in Article 2 of the Convention.