Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and requests the Government to provide information on the following points.

1. The Committee recalls that article 30 of the Constitution adopted in 2000 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. Article 17 states that access to private and public employment is equal for all and that any discrimination is prohibited in access to or exercise of employment on the grounds of sex, political, religious or philosophical opinion. In its previous comments, the Committee pointed out that article 17 does not cover the grounds of race, colour, national extraction and social origin, which are prohibited under the Convention, and requested the Government to provide information on the measures taken to ensure the elimination of discrimination in employment and occupation in the basis of the grounds not covered by the Constitution. In this regard, the Committee notes the Government’s statement that the provisions of article 17 of the Constitution were indeed insufficient. However, the Government takes the view that section 4 of the Labour Code was adequate to exclude any discrimination. While the Committee recalls that section 4 of the Labour Code prohibits employment discrimination in accordance with the Convention, including on the grounds of race, national extraction and social origin, it also notes that the Labour Code applies only to work performed under an employment contract and that it also does not apply to the public service. The Government is requested to provide information on the application of section 4 of the Labour Code in practice, as well as on the measures taken to ensure the elimination of discrimination on the grounds of race, colour, national extraction and social origin with regard to public employment and to work performed without an employment contract.

2. With reference to its previous comments concerning the fact that the 2000 Constitution did not maintain the former Constitution’s clause declaring that any manifestation of racial discrimination is punishable by law (article 6(2) of the former Constitution), the Government referred to section 200 of the Criminal Code which makes refusing anybody access to employment only on the grounds of race, ethnicity or religion a punishable offence. The Committee takes note of the Government’s indication, while regretting that the constitutional protection from racial discrimination has been weakened by the Constitution of 2000. The Government is requested to provide information on the application of section 200 of the Criminal Code in practice, including the number of incidences prosecuted and the results of these cases. Please also provide information on the enforcement of section 4 of the Labour Code.

3. With regard to equality of opportunity and treatment of women and men, the Committee notes that the Government has not provided any information on the situation of men and women in the labour market, as requested. The Committee therefore hopes that the Government will make every effort to provide, in its next report, full information on the participation of men and women in occupational education and training and in public and private employment, including information on the percentage of men and women engaged in the various occupations, fields of activity and levels of responsibility. The Government is also requested to indicate any proactive measures taken or envisaged to promote gender equality in the labour market.

4. The Committee notes the adoption of Act No. 2002-43 of 21 January 2002 on regulating the employment of prefects and that section 9 of the Act specifically provides that, regarding access to the positions covered by the Act, no distinction between men and women shall be made. The Committee also notes section 4 of the Act No. 2001-479 of 9 August 2001 on the personnel of the national police, which provides that candidates of both sexes can apply for employment with the national police if they fulfil certain conditions, including the physical and intellectual requirements to exercise the functions of a police officer. The Government is asked to provide information on the gender composition of the corps of prefects and the personnel of the national police in its next report.

5. The Committee notes that the Government did not provide any information concerning point 4 of its previous direct request. It therefore requests the Government once again to supply in its next report data on the number of inspections conducted, the violations related to discrimination 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. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

6. With respect to cooperation with workers’ and employers’ organizations, the Committee notes that a tripartite committee to deal with ILO matters has been established by Decree No. TFP/DTR of 9 January 2003. The Government is asked to bring issues concerning the application of the Convention to the attention of this Committee and to respect any relevant activities it undertakes with regard to the application of the Convention. Please also indicate any other initiative or programme undertaken with the social partners to promote equality and non-discrimination in employment and occupation.