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

1.  The Committee notes that, since the arrival of the Government’s report, a new Constitution was adopted by referendum on 23 July 2000, thereby bringing an end to the Constitutional Act of 27 December 1999, which had suspended the Constitution of Côte d’Ivoire of 3 November 1960. The Committee notes that the new Constitution includes a Title I, entitled "On freedoms, rights and duties", as well as a Title XI, establishing the function of Mediator of the Republic (articles 115-118). The Committee notes that the general principle of equality before the law is affirmed in article 30, which 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". With regard more specifically to employment and occupation, the Committee notes that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion". The Committee notes that article 17 only refers to three of the seven criteria of discrimination which are formally prohibited in relation to employment and occupation by the Convention and it wishes to recall that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. For this reason, in the absence of any explicit mention of race, colour, national extraction and social origin in article 17 of the new Constitution, the Committee would be grateful to be provided with information on the measures taken to ensure the elimination of any discrimination in employment and occupation on the basis of these four criteria. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "All particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and notes that this provision has not been reproduced in the current Constitution, article 10 of which provides that "Any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited." The Committee notes that while the new provision now covers religious hatred, it no longer punishes discrimination. It therefore requests the Government to provide information on the measures which have been taken or are envisaged to combat racial and ethnic discrimination in general, and particularly in the field of employment, including the penalties which can be imposed in cases of particularist propaganda of a racial or ethnic character. The Committee would also be grateful if the Government would provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

2.  The Committee notes the information contained in the Government’s report, including the statistics on the distribution of women at the various grades in the public service, and particularly in the higher functions of the State. It notes that the number of women occupying functions of responsibility is, in absolute numbers, relatively low (for example, five ambassadors, one prefect, 25 sub-prefects, two heads of ministerial offices, 25 central directors, eight directors of national public establishments, 40 regional directors, three police commissioners). However, as the statistics do not indicate, in relation to these figures, the number of men in identical positions, it is impossible for the Committee to evaluate the real role played by women in the higher levels of the public service. The Committee therefore requests the Government to indicate in its next report the respective numbers (or percentages) of men and women in the above positions so that it can ascertain the real role of women in the higher levels of the public service. In this respect, the Committee recalls that in its previous comment it requested information on the percentage of women occupying positions of responsibility in the private sector. The Committee notes that the Government confines itself in its report to stating merely that "as in the public sector, women occupy positions of responsibility in the private sector". It therefore repeats its initial request, namely for information on the percentage of women occupying such positions in the private sector.

3.  The Committee draws attention to the essential role that organizations of employers and workers have to play in promoting the principle of equality at the workplace and therefore requests the Government to indicate the measures which have been taken to seek the active collaboration of the social partners in the application of the national policy of equality of opportunity and treatment in employment and occupation.

4.  The Committee notes that the Government’s report makes no reference to the question of the practical measures taken for the active promotion of equality of opportunity and treatment in employment and occupation for women in all sectors, including for example micro-projects implemented to reduce the rate of unemployment among women, and it recalls that the mere prohibition of discrimination in the legislation is not sufficient to eliminate it in practice. Indeed, experience shows that discrimination in employment and occupation is rarely due to laws or regulations establishing direct discrimination, but is more frequently a result of practices based on stereotypes which mainly concern women or certain vulnerable or minority groups in society. The Committee therefore wishes to draw attention to the need, under the terms of Articles 2 and 3 of the Convention, to correct inequalities which occur in practice through the adoption of affirmative measures designed to enable women, as well as members of groups which suffer discrimination based on the other criteria prohibited by the Convention, to participate in working life in all sectors of activity and occupations and at all levels of responsibility. The Committee trusts that in its next report the Government will provide detailed information on the measures which have been taken or are envisaged in practice to promote the participation of women in the labour market, as well as the members of all the various ethnic groups, in both quantitative and qualitative terms. The Committee also hopes that this report will contain information on micro-projects intended to promote the access of women to employment, including statistical data on the impact of these micro-projects in practice.