CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Côte d'Ivoire (RATIFICATION: 1960)

Other comments on C087

Observation

Direct Request

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The Committee notes the Government’s report in which it responds to the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, referring to arbitrary arrests, police violence and violations of the right to strike in various sectors. The Committee notes the Government’s confirmation of the arrests of protesters and trade union members during a sit-in and indicates that the protest prevented public servants from reaching their workplace. It also notes that, in response to the allegations concerning many arrests of workers and trade union members who were on strike, the Government indicates that those on strike were released two days after being arrested for disturbing the public order. The Committee also notes that the Government does not comment on the ITUC’s allegations concerning the violent repression of several strikes and protests organized by the Côte d’Ivoire trade unions. The Committee deplores the serious allegations of violent repression of strikes and protests organized by the Côte d’Ivoire trade unions. Furthermore, the Committee deeply regrets that the Government has not responded to the previous observations of the ITUC, received on 31 August 2016, which also refer to violations in law and in practice of the Convention, particularly concerning allegations of police repression. The Committee recalls that the authorities should resort to calling in the police only in exceptional circumstances, if there is a genuine threat to public order, and that the use of the police should be in proportion to the situation. The Committee requests the Government to provide detailed information on the serious allegations of the ITUC concerning acts of violence during strikes and protestsorganized by the Côte d’Ivoire trade unions.

For several years, the Committee’s comments have also addressed the need to amend sections 51(6) and 51(7) of the Labour Code (2015) to bring them into conformity with the provisions of the Convention.

Article 2. Right to organize of minors. The Committee noted that under section 51(7) of the Labour Code, minors above the age of 16 years may join trade unions unless their parents or guardians object, and it requested the Government to recognize the right to join trade unions of minors who have reached the statutory minimum age for admission to employment, without requiring the permission of their parents or guardians. The Committee notes with regret that the Government, while highlighting that the Côte d’Ivoire Labour Code does not prohibit minors who are working from joining a trade union organization but rather empowers their parents to object, does not report any progress in this regard. In this respect, the Committee recalls the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights without parental authorization (see the 2012 General Survey on the fundamental Conventions, paragraph 78).

Article 3. Right of workers’ and employers’ organizations to elect their representatives in full freedom. The Committee noted that, under section 51(6) of the Labour Code, members responsible for the administration or management of an occupational trade union must be Ivorian nationals or nationals of any other State with which reciprocity agreements have been concluded. The Committee recalled that the recognition of the trade union rights established by the Convention for foreign nationals cannot be subject to any reciprocity requirement and that the national legislation must allow foreign workers access to trade union office, at the very least after a reasonable period of residence in the host country. The Committee therefore requested the Government to amend the legislation to that effect. The Committee notes the Government’s indication that the issue of reciprocity remains central to the social partners’ concerns and that it will ensure that section 51(6) is amended in line with the Committee’s comments during the next general revision of the Labour Code.

The Committee requests the Government to take the necessary measures to amend the Labour Code, without delay, so as to remove the above-mentioned restrictions, and the Committee firmly hopes that the Government will report progress in this regard in its next report.