Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 5, paragraph 1, and 6 of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the report provided by the Government for the period ending September 2009. The Government once again indicates that all the matters covered by Article 5(1) have on each occasion been brought to the attention of the social partners for information. It adds that the tripartite committee on matters concerning ILO activities was admittedly established by Order No. 061/TFP/DTR of 9 January 2003, but has still not met in view of the crisis affecting the country. The Committee notes that the Government intends to make every effort to ensure that this institution functions normally as soon as possible. The Committee recalls that the 2008 Declaration on Social Justice for a Fair Globalization affirms that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across boarders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee invites the Government and the social partners to hold the “effective consultations” on international labour standards envisaged by the Convention. It therefore hopes that the next report will enable it to examine precise and detailed information on the effective tripartite consultations held on each of the matters covered by Article 5(1). It reiterates its interest in being able to examine extracts from the summary reports of meetings of the tripartite committee (section 8 of Order No. 061/TFP/DTR of 2003) or the annual report of its activities.

Article 5, paragraph 1(b). Submission to the National Assembly of the instruments adopted by the Conference. The Government indicates that certain instruments adopted by the Conference between 1996 and 2006 have already been submitted to the competent authorities and that it will endeavour to ensure that this is also done for the others. The Committee refers to its repeated observations concerning serious failure to submit instruments to the National Assembly and trusts that the Government will provide precise and detailed information in its next report on the effective tripartite consultations held on the proposals to be made to the National Assembly in relation to the submission of the instruments adopted by the Conference between 1996 and 2007.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 5, paragraph 1, and 6 of the Convention. Effective tripartite consultations required by the Convention. In its report received in May 2007, the Government states that all the issues dealt with in Article 5, paragraph 1, have been notified to the social partners, but that there has been no reaction from them. The Committee notes that section 8 of Order No. 061/TFP/DTR of 9 January 2003, regulating the Tripartite Committee on matters concerning ILO activities, requires minutes to be taken of every meeting of the committee and that the committee should produce a report, a copy of which shall be sent to the International Labour Office. The Committee refers to its previous direct request and again asks the Government in its next report to provide specific and detailed information on effective tripartite consultations held on each of the matters listed at Article 5, paragraph 1, together with a copy either of the minutes of the Tripartite Committee’s meetings or of its annual activity report.

2. Article 5, paragraph 1(b) and (c). Submission to the National Assembly of the instruments adopted by the Conference. Ratification prospects. In reply to the previous direct request and concerning ratification of the Part-Time Work Convention, 1994 (No. 175), the Government indicates that because of the state of war in the country, the National Assembly has been unable to come to a decision about the possibility of ratifying this Convention, but that as soon as the social and political climate permits, it will play its role in this respect to the full. The Committee refers the Government to its observation of 2007 on the obligation to submit instruments to parliament, in which it expressed the hope that, the Government will provide relevant information on the submission to the National Assembly of the instruments adopted by the Conference between 1996 and 2006. It trusts that in its next report, the Government will provide specific and detailed information on the effective tripartite consultations held on the proposals to be submitted to the National Assembly regarding the submission and review of Conventions not yet ratified.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Regulations applicable to the tripartite committee. In its report received in June 2006, the Government indicates that effect is given to the provisions of Convention No. 144 as a result of the establishment, under Order No. 834/EFP/CAB of 26 January 1995, of a tripartite committee on issues relating to ILO activities. The Committee refers to its 2003 observation, in which it noted that a tripartite committee had been created by Order No. 061/TFP/DTR of 9 January 2000, section 9 of which provides that the above Order of 26 January 1995 is repealed. The Committee asks the Government to specify in its next report the regulations currently applicable to the tripartite committee on issues relating to ILO activities.

2. Effective tripartite consultations required by the Convention. The Government indicates that all the matters listed in Article 5, paragraph 1, of the Convention have been included on the agenda of the meetings of the tripartite committee and brought to the attention of the social partners. The Government indicates that the General Union of Workers of Côte d’Ivoire (UGTCI) would like the Government to ratify the Part-Time Work Convention, 1994 (No. 175). The Committee notes that minutes are prepared for all meetings within the consultative bodies and asks the Government once again to provide in its next report precise and detailed information on the effective consultations that have taken place with regard to each of the matters listed in Article 5, paragraph 1, and, in particular, on the ratification of Convention No. 175 (Article 5, paragraph 1(c)).

3. The Committee draws the Government’s attention to the preliminary tripartite consultations that are required with regard to the submission to the National Assembly of the instruments adopted by the International Labour Conference since 1996 (Article 5, paragraph 1(b), and the 2006 observation on the obligation to submit).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It refers to its 2003 observation and hopes that the Government will be able to continue its efforts to give full effect to the Convention, and that it will provide a report including detailed information on the consultation held within the tripartite committee on ILO issues, concerning each of the items set out in Article 5, paragraph 1, of the Convention.

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

The Committee notes the Government’s report received in May 2003, which contains information on the comments that it has been making for several years. It notes with interest that a tripartite committee on ILO issues, the main mission of which is to give advice on the matters covered by the tripartite consultations required by the Convention, was created by the Decree of 9 January 2003 of the Minister of Public Service and Employment. The members of this Committee were appointed by the Decision of 28 May 2003. The Government also indicates that the Office of the Minister chairs the meetings of this Committee, acts as its secretariat, convenes the meetings and establishes the records. Concerning the training of the persons involved in the consultations, seminars on standards have been organized by the Ministry, with the technical and financial assistance of organizations such as the ILO, the United Nations Development Programme (UNDP) and non-governmental organizations. The Committee meets once every three months. The Committee encourages the Government to continue its efforts to give full effect to the Convention, and hopes that it will provide detailed information on the effective consultations held during the period covered by the next report within the tripartite committee on ILO issues, concerning each of the items set out in Article 5, paragraph 1, of the Convention.

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

The Committee notes the Government’s report received in September 2002, and the information sent in response to its observation of 2000. The Committee again states that the tripartite committee - established in 1995 - has not yet met during the period covered, that its members are being selected and that the consultations on ILO-related matters were carried out in the Labour Advisory Committee. The Committee trusts that the Government will do its outmost to ensure that the tripartite committee on ILO-related matters starts work and that it will be in a position to specify in its next report the procedure for choosing the members of the tripartite committee (Article 3 of the Convention), the arrangements for the provision of administrative support for the consultations and for any necessary training of participants in the procedures (Article 4), and the consultations held on each of the subjects covered by the Convention (Article 5).

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report covering the period ending September 1999. In its previous comments, the Committee had noted the Government’s intention to make the Tripartite Committee on ILO Matters fully operational. However, it notes that the Tripartite Committee did not meet during the period covered by the report and that consultations on matters relating to the ILO were held in the Advisory Labour Commission. It trusts that the Government will take all the necessary measures as soon as possible to give effect to the provisions of the Convention, as it has expressed the intention of doing, and that in its next report it will be in a position to provide more complete and detailed information on the consultations held on the matters covered by Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report covering the period ending September 1999. In its previous comments, the Committee had noted the Government’s intention to make the Tripartite Committee on ILO Matters fully operational. However, it notes that the Tripartite Committee did not meet during the period covered by the report and that consultations on matters relating to the ILO were held in the Advisory Labour Commission. It trusts that the Government will take all the necessary measures as soon as possible to give effect to the provisions of the Convention, as it has expressed the intention of doing, and that in its next report it will be in a position to provide more complete and detailed information on the consultations held on the matters covered by Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's last report and the information provided in reply to the Committee's previous observation. The Committee notes the Government's statement to the effect that it wishes to take all the necessary measures to make the Tripartite Committee on matters concerning the ILO fully operational. The Committee trusts that, for the period covered by its next report, the Government will be able to provide full and detailed information on the consultations which address the points indicated in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in reply to its previous comments. In particular, it notes with interest Order No. 834 of 26 January 1995 establishing a tripartite committee on matters concerning the ILO with the exclusive function of issuing opinions on each of the matters set out in Article 5, paragraph 1, of the Convention. The Committee notes that the tripartite committee will meet quarterly and will produce an annual report of which a copy will be sent to the ILO, in accordance with Article 6. The Committee hopes that this consultative body will be fully operational in the near future and that the Government will be able to supply complete and detailed information on the consultations which have taken place during the period covered by the next report on the matters covered by the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, particularly concerning the extent of the consultation requirement, the Committee noted that the Government indicated in its report that a tripartite committee was being created to deal with ILO matters. The Committee has also noted that the Government was willing to arrange for financing the training of the future committee members.

The Committee hopes that this project will materialize in the near future, enabling more complete enforcement of the Conventions' provisions.

In any event, the Committee would be grateful if the Government would provide information on the consultations which have taken place on the subjects listed in Article 5, paragraph 1, during the period covered by the next report, including their frequency, and to specify the nature of any reports or recommendations which result from these consultations.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in reply to its previous comments.

In particular, it notes with interest Order No. 834 of 26 January 1995 establishing a tripartite committee on matters concerning the ILO with the exclusive function of issuing opinions on each of the matters set out in Article 5, paragraph 1, of the Convention.

The Committee notes that the tripartite committee will meet quarterly and will produce an annual report of which a copy will be sent to the ILO, in accordance with Article 6. The Committee hopes that this consultative body will be fully operational in the near future and that the Government will be able to supply complete and detailed information on the consultations which have taken place during the period covered by the next report on the matters covered by the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 5 of the Convention. The Committee notes the Government's report in reply to its previous comments. It notes in particular the information supplied to the effect that the tripartite consultation procedures, particularly those covered by the Advisory Labour Commission concern, the Government's reply to questionnaires on items on the agenda of the International Labour Conference; the re-examination, since 1993, of unratified Conventions; and matters relating to the first reports submitted to the ILO on ratified Conventions.

The Government also states that it fulfils the obligation to submit ILO instruments, in accordance with article 19 of the Constitution, and that the organizations of employers and workers are informed in accordance with article 23, paragraph 2, of the Constitution. The Committee recalls in this respect that Article 5, paragraph 1(b), of the Convention requires consultations on "the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution". It notes that the provisions of this Convention go beyond the obligation of submission set out in article 19 of the Constitution and the obligation to transmit reports set out in article 23, paragraph 2, of the Constitution. As it emphasized in its 1982 General Survey (see paragraph 109), an exchange of views or information after the instruments have been submitted to the competent authority does not meet the purpose of the Convention.

The Committee requests the Government to supply detailed information in its next report, taking into account the above comments, on the consultations held on each of the matters set out in paragraph 1, including information on the frequency with which these consultations are held. It also requests the Government to specify the nature of any reports or recommendations issued as a result of these consultations.

Article 4. The Committee also requests the Government to indicate whether it envisages making "appropriate arrangements ... between the competent authority and the representative organizations" for the financing of any necessary training of participants in these consultations, particularly within the context of Decree No. 92-05 of 8 January 1992 which provides for the organization and operation of the Vocational Training Development Fund.

Part V of the report form. Please supply any other information bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report. It notes that the Government has not supplied new information on the points raised in its previous direct requests.

The Committee requests the Government to indicate whether the procedures for tripartite consultations, and in particular those of the Advisory Labour Commission, are aimed in particular at government replies to questionnaires concerning items on the agenda of the International Labour Conference; the proposals accompanying the submission to the competent authorities of Conventions and Recommendations; the re-examination at appropriate intervals, particularly of unratified Conventions, in accordance with Article 5, paragraph 1(a), (b) and (c), of the Convention. With regard to the reports to be made to the International Labour Office (Article 5, paragraph 1(d)), the Committee requests the Government to specify whether the collaboration with the social partners to which the Government refers in its report covers consultations on the questions which may arise out of these reports.

The Committee requests the Government to supply information on the consultations which have actually been held during the period covered by the report on each of the matters set out above.

The Committee also requests the Government to indicate whether arrangements have been made for the financing of the training necessary for representatives participating in these consultations, as provided by Article 4, paragraph 2.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 2, of the Convention. Please describe all arrangements that have been made or are envisaged with representative organisations for the financing of any necessary training of participants in the consultations required under the Convention.

Article 5. Please supply full particulars of consultations that are held during the period covered by the next report on each of the items set out in paragraph 1 of this Article, including information on the frequency of these consultations, and specify the nature of any reports or recommendations resulting from these consultations.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the first report provided by the Government on the application of the Convention. It would be grateful if the Government would supply additional information on the following points:

Article 4, paragraph 2, of the Convention. Please describe all arrangements that have been made or are envisaged with representative organisations for the financing of any necessary training of participants in the consultations required under the Convention.

Article 5. Please supply full particulars of consultations that are held during the period covered by the next report on each of the items set out in paragraph 1 of this Article, including information on the frequency of these consultations, and specify the nature of any reports or recommendations resulting from these consultations.