Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(2)(d) of the Convention. Powers of requisitioning. For a number of years the Committee has been drawing the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963, concerning the use of persons for the purpose of promoting the country’s economic and social development, and also Decree No. 63-48 of 9 February 1963, implementing the Act. A reading of the provisions of both laws in conjunction with each other shows that powers of requisitioning are defined too broadly and go beyond the exceptional situations provided for in Article 2(2)(d) of the Convention. The Government indicates in its latest report that discussions are in progress with regard to the formulation of new provisions regulating powers of requisitioning, that conform more closely to the spirit and letter of the Convention. The Government reiterates that these provisions are outdated and are no longer applied. It adds that the Convention is observed in practice, as was the case in December 2009 when doctors were requisitioned during a strike where no minimum service was organized. In view of the fact that the Government recognizes that the aforementioned provisions are outdated and contrary to the Convention and also that it indicates that the requisitioning of persons took place recently, the Committee again stresses the need for the adoption of legislation which conforms to the Convention in this area. It trusts that the Government will be able to provide information in its next report on the revision of the abovementioned laws in such a way as to ensure that powers of requisitioning are strictly limited to circumstances which endanger or are likely to endanger the lives or the normal living conditions of the whole or part of the population.

Trafficking in persons. In its previous comments the Committee referred to the Global Report on Trafficking in Persons published in February 2009 by the United Nations Office on Drugs and Crime (UNODC), which indicates that the specific offence of trafficking in persons does not exist in the country’s legislation but that laws criminalizing related forms are used to prosecute some types of trafficking. The report also refers to draft legislation criminalizing all forms of trafficking, which was submitted to the competent authorities in 2007. The Committee previously requested the Government to indicate the progress made on this draft legislation and to provide detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of sexual or labour exploitation.

The Government indicates in its report that the trafficking in persons is a criminal offence according to the Constitution and the Penal Code and that, on this basis, a total of 19 persons were arrested and two were facing prosecution. The Government acknowledges that the trafficking of children exists in Côte d’Ivoire and refers to the information which it submits on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee notes this information. It notes that the information on the court proceedings in progress appears to deal with cases involving the trafficking of children and that the Government appears to play down the problem of the trafficking in adults. The Committee hopes that the Government will be able to supply more detailed information in its next report on the court proceedings instituted, indicating the provisions of national legislation which form the basis for opening investigations and launching prosecutions, and on the more general measures taken by the Government to raise the awareness of the competent authorities and general public as regards the problem of trafficking of adults, whether for sexual or labour exploitation. The Committee also requests the Government to indicate the difficulties faced by the authorities in their efforts to combat trafficking.