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

The Committee notes that the Government’s report does not contain a reply to its previous comments. It hopes that the next report will contain full particulars on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Protection against discrimination in the public service and for persons without employment contracts. In its previous comments, the Committee requested the Government to specify how section 4 of the Labour Code, which prohibits all forms of discrimination, protects persons on indefinite appointments and employees in the service of the State, in view of the fact that section 2(3) appears to exclude these two categories of workers from the scope of the Code. The Committee notes that no provision of the public service regulations protects these employees from discrimination. The Government indicates, however, that persons on permanent appointments and employees in the service of the State are protected from discrimination based on race, religion and social origin because they are nationals and so enjoy equality of rights and duties. The Committee draws the Government’s attention to the fact that granting equality of rights and duties to nationals is not sufficient to fulfil its obligations under the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set forth in the Convention, for all employees in the public sector, including those on permanent appointments and those employed in the service of the State. The Government is asked to provide information on how, in practice, it ensures equality of access and treatment for those on permanent appointments and employees in the service of the State. Noting also that the Labour Code only applies to persons with an employment contract, the Committee asks the Government to provide information on how it affords protection against discrimination to workers without an employment contract such as self-employed workers and workers in the informal economy. It asks the Government to provide information on the practical application of section 4 of the Labour Code and on any relevant court decisions.

Political opinion and other grounds of discrimination. In view of the situation in the country, the Committee is still concerned at the fact that the political tensions could be conducive to discriminatory treatment in employment, particularly in the public sector. In view of these circumstances, the Government is asked to indicate how it prohibits discrimination and ensures equality of opportunity and treatment in the public sector, particularly with regard to political opinion, religion, race and national extraction.

Article 2. Equality of opportunity between men and women. The Committee notes that, according to the Tenth Progress Report of the Secretary‑General on the United Nations Operation in Côte d’Ivoire (S/2006/821, 17 October 2006), the UNOCI carried out gender-awareness and induction training programmes for 30 police officers. It furthermore helped the Ministry of the Family and Social Affairs in drafting a national gender equality policy and in training the Ministries’ personnel on gender issues. The Committee wishes to stress the importance of a national policy to promote equal access to employment and the participation of women in the institutions of power. It points out that the elimination of discrimination in employment is important to the sustainable maintenance of peace and security, the reconstruction of the social fabric and the country’s economic recovery. The Committee hopes that this policy will include proactive measures for the advancement of women in the labour market and that it will have the support of the Ministry for the Advancement of Women and the social partners. The Committee requests the Government to send a copy of the national policy for gender equality together with information on the measures envisaged to implement it. It again requests full information on the activities conducted by the Ministry for the Advancement of Women to encourage equal opportunities in employment and training. The Committee would be grateful if the Government would likewise include, in its next report, information on the abovementioned Ministries’ activities in rural areas.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government has provided no information on Article 3(a). It again asks the Government to send more detailed information on the recommendations and activities of the tripartite committee on the application of the Convention, and on all other initiatives or other programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.

Parts III and IV of the report form. The Committee notes that no instances of discrimination have been reported by the labour inspectorate. The Committee requests the Government to provide information on the number of inspections carried out in the sectors concerned. It reiterates its request for copies of any decisions handed down by judicial or other bodies concerning the application of the Convention, and particularly information on the number of criminal cases brought under section 200 of the Penal Code. The Committee requests the Government once again to provide a copy of the Basic Law establishing the duties of the Ombudsperson of the Republic.

Part V. Statistics. The Committee notes that the Government provides no statistical information in its report. It notes the Government’s undertaking to set up a data base as soon as possible. The Committee hopes that the Government will be in a position to provide recent statistics in its next report, disaggregated by sex, race and ethnic origin, on the distribution of the population in the various sectors of the economy and in occupations.