Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Côte d'Ivoire (Ratification: 1961)

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes the adoption, on 20 July 2015, of Act No. 2015-532 issuing the Labour Code.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls that it previously requested the Government to take the opportunity of the revision of the Labour Code to include “colour” in the list of prohibited grounds of discrimination. It notes with regret that the Government has not taken the opportunity of the revision of the Labour Code to include the ground of “colour” in the list of formally prohibited grounds of discrimination. It wishes to recall that the grounds of colour and race should not be considered as identical, as colour differences may exist between people of the same race (2012 General Survey on the fundamental Conventions, paragraph 762). In addition, the Committee notes that, in its concluding observations regarding the first report of Côte d’Ivoire on the application of the International Covenant on Civil and Political Rights, the United Nations Human Rights Committee noted that one of the main areas of concern was persons with albinism (a hereditary genetic irregularity which affects pigmentation and is characterized by a deficit of melanin, the substance that gives colour to skin, hair and eyes), who continue to be subject to discrimination and negative stereotypes, and the inadequate nature of the measures taken to protect them against all forms of discrimination (CCPR/C/CIV/1, 28 April 2015, paragraph 9). Recalling that the seven grounds listed in Article 1(1)(a) of the Convention represent a minimum standard agreed during the adoption of the Convention in 1958, the Committee once again requests the Government to envisage adding the ground of “colour” to the list of prohibited grounds of discrimination during the next legislative revision.

Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest that section 5 of the new Labour Code prohibits sexual and moral harassment. It notes that the Labour Code establishes the distinction between quid pro quo “sexual harassment” and hostile work environment “moral harassment”. The Committee requests the Government to provide information on the practical measures taken to prevent and combat sexual and moral harassment, and particularly the measures that have been developed and implemented in collaboration with the social partners in this regard.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest that the new Labour Code adopted in 2015 adds to the prohibited grounds of discrimination two additional grounds, namely “actual or perceived HIV and AIDS status” and “disability” (section 4). In this regard, the Committee recalls that the HIV and AIDS Recommendation, 2010 (No. 200), offers ample guidance on the manner with which to combat in practice discrimination based on HIV and AIDS in employment and occupation. With regard to disability, the Committee recalls that the country ratified the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and the United Nations Convention on the Rights of Persons with Disabilities (2006) in 2014. The Committee emphasizes that, to promote equality of opportunity and treatment between persons with disabilities and other workers, once this principle has been established it must be accompanied by affirmative measures aimed at combating the structural discrimination faced by persons with disabilities due to the exclusion and stigmatization that they suffer from very early on in their lives. The Committee therefore requests the Government to provide information on the specific measures taken or envisaged (equality plans, affirmative measures, awareness raising and public information, development of educational tools in consultation with the social partners, capacity building for labour inspectors and magistrates, etc.) to ensure that workers who are victims of direct or indirect discrimination based on their real or presumed HIV status, or their disability (including persons with albinism) benefit effectively from the protection afforded by the new Labour Code.

Article 1(3). Restrictions on women’s access to employment and to certain occupations. The Committee notes the Government’s indication in previous reports that no Decree has been issued under section 23(1) of the Labour Code of 1995 on the types of work prohibited for women. However, the Committee notes that because the new Labour Code reproduces section 23(1) of the Labour Code of 1995 exactly, the issue of an implementing decree remains open. The Committee also notes that the Government’s report is silent on the fact that certain provisions of the Civil Code, and particularly section 67, which prohibits a married woman from exercising an occupation distinct from that of her husband, if a court finds that it would be “contrary to the interests of the family”, have a discriminatory effect against women. The Committee therefore requests the Government to take the necessary measures to amend or repeal the provisions that may constitute an obstacle to the exercise of certain occupations by women, and particularly section 67 of the Civil Code, and to provide information on any measures taken in this regard. The Committee also asks the Government to ensure that any limitations on the employment of women are strictly limited to the protection of maternity, and asks the Government to provide information on any texts issued under section 23(1) of the Labour Code.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s indication in its report that analysis has shown that the disadvantageous position of women in the labour market has less to do with the legislative framework than with the attitudes and customs, which have the effect of delaying the access of girls and women to formal education. For this reason, the Government has set the target of universal schooling, with particular emphasis on the education and training of women and girls. According to the statistics referred to in the report, in 2012 women continued to be under-represented in the public service, particularly in the higher category or category A, even though there has been a slight improvement since 2010 (28 per cent compared with 26.88 per cent). Although the report does not provide new statistics on the proportion of women in the formal private (non-agricultural) sector, it confirms that it still remains very low. In general terms, the rate of informal employment in Côte d’Ivoire is 91.2 per cent (men and women combined) and the proportion of salaried employees is 18.1 per cent. However, the Government emphasizes that women are organized and that numerous groups exist, for example the Federation of Women Entrepreneurs, the Ivorian Network of Women Entrepreneurs, the Coalition of Women Leaders of Côte d’Ivoire, the Federation of Women Heads of Enterprise, the Global Women Heads of Enterprise (FCEM)–Côte d’Ivoire, the Federation of Women Entrepreneurs and Businesswomen of West Africa, the Association of Women Inventors and Entrepreneurs of Côte d’Ivoire, etc. The report indicates that the major problem confronting women entrepreneurs is a lack of access to credit to meet their funding requirements and the insufficient amounts of credit granted.

The Committee also notes the detailed information provided by the Government on the progress made in the implementation of the National Policy on Equality of Opportunity, Equity and Gender, 2009. It especially notes the efforts made in: (i) education, particularly for girls (for example, the increased supply of education and robust measures to combat illiteracy among girls); (ii) vocational training (access to all vocational courses without distinction on the basis of sex, gender training for all actors and partners in education, development of non-discriminatory training and education systems, awareness raising in communities about the need to support girls in their choice of occupation, the increase in the number of study grants for girls to facilitate their access to technical and vocational training, placements for women trainees in sectors dominated by men and monitoring of their career development to ensure their integration in these sectors, promotion of further training for women and girls, etc.); and (iii) employment. With regard to employment in particular, the Committee notes that the Emploi-2012 survey highlights that, although unemployment fell in the period between 2010 and 2012, more women than men remain unemployed (11.9 per cent compared with 7.4 per cent) and that, in view of the disappointing results of the National Employment Policy, the Government adopted an employment recovery strategy in 2013 aimed at strengthening existing initiatives through measures to stimulate job creation, particularly for women and young people.

With regard to socio-cultural expectations which result in the fact that, despite the existence of regulatory texts, Ivorian women rarely have access in practice to property, especially in rural areas (less than 10 per cent of total land in the country) or to the main factors of production (land, inputs, water, credit, capital, suitable techniques, etc.), the Committee notes that the Government has initiated action for women primarily in the agricultural sector and the trade subsector (formal and informal) through the implementation of specific programmes (such as the project for the Promotion, Protection and Economic Independence of Women in Rural Areas, 2014), as well as action to increase access to new sources of credit through projects and funds (such as the project for the assistance and social reintegration of women victims of violence in conflict situations in Côte d’Ivoire), which acts to help women’s groups to launch income-generating activities for women displaced by conflict. The Committee notes that the Government has also reinforced the financial strength of the “Women and Development Fund” and its extension to cover the whole of the country; that it has established the “Support Fund for Women in Côte d’Ivoire”, etc., and increased access to traditional microfinance institutions (mutual savings and loan associations and cooperatives). The Committee also notes that the authorities have in parallel emphasized: the elimination of the sexist stereotypes that are prevalent within Ivorian society through initiatives such as the organization of training courses on the rights of women for judicial personnel and court officials, the armed forces, and the municipal and national police; the expansion of the scope of training and education institutions to include community development; the dissemination of national and international instruments on women’s rights; the establishment of gender units in all ministries to institutionalize the issue of equality between men and women; the establishment by the Association of Women Lawyers of Côte d’Ivoire of the project to improve the access of women and vulnerable groups to justice, with the support of UNDP/UNOCI/UNICEF/EU; the translation into national languages of human rights instruments; annual human rights caravans; the development of communication tools in national languages and support tools for illiterate communities, etc. The Committee encourages the Government to continue its efforts with a view to adopting affirmative measures to promote equality of opportunity between men and women regarding access to formal employment, as well as access to land and credit. In this context, it wishes to draw the Government’s attention to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), which can provide pertinent guidance on the subject, and it encourages the Government to continue its awareness-raising activities among the population to combat traditional stereotypes and patriarchal attitudes regarding vocational aspirations, preferences and skills of women and their role and responsibilities in society, and to reinforce the confidence of girls and women in their abilities. Lastly, the Committee invites the Government to evaluate regularly the effectiveness of the measures and policies implemented (particularly by providing statistics disaggregated by sex and establishing a system of indicators of equality between the sexes) with a view to ensuring that they have a real impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation, and to keep it informed of the results of these periodic evaluations and possible amendments in light of the results achieved.

Article 3(a). Collaboration with employers’ and workers’ organizations. In its report, the Government asserts that matters concerning equality in employment and occupation are dealt with in existing tripartite bodies (for example, the Labour Advisory Board and the National Council for Social Dialogue) and bipartite bodies (for example, the Standing Independent Consultation Committee (CIPC)). Following the prohibition of sexual and moral harassment in employment and occupation and any discrimination based on disability or actual or perceived HIV status by the new Labour Code, the Committee requests the Government to indicate whether the social partners are planning to develop guidance tools, such as codes of good practice, codes of conduct or guidelines on any of these matters in order to facilitate the promotion of equality of opportunity and treatment between workers in enterprises.

Enforcement. Noting that the persons responsible for enforcing labour law have benefited from training and awareness-raising sessions on the principle of equality of opportunity, the Committee requests the Government to provide information on any cases of discrimination that labour inspectors have dealt with, either following a complaint or through a planned inspection, and on any judicial decision on the subject.