Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls that section 4 of the Labour Code provides that “no employer may take into consideration the sex, age, national extraction, race, religion, religious or political opinion, social origin, membership or non-membership of a trade union and trade union activities of workers in making decisions, particularly concerning recruitment and the performance and distribution of work, vocational training, career development, promotion, remuneration, granting of social benefits, disciplinary measures or termination of the employment contract”. The Committee notes the Government’s indication that a preliminary draft of the new labour code is currently before the Labour Advisory Committee. The Committee asks the Government to take the opportunity provided of the review of the Labour Code to include colour in the list of prohibited grounds of discrimination. Please also provide information of the status of the process of adoption of the draft Labour Code.

Article 1(1)(b). Additional grounds of discrimination. The Committee asks the Government to indicate whether it is envisaged, when reviewing the Labour Code, to add to the list of prohibited grounds of discrimination additional grounds, such as real or perceived HIV status, and in this context would like to draw its attention to the HIV and AIDS Recommendation, 2010, especially to Paragraphs 9–14 and 37.

Restrictions on women’s access to employment and to certain occupations. The Committee notes that, according to the Government’s report, no decree has been issued under section 23.1 of the Labour Code on the types of work prohibited for women. Furthermore, the Committee recalls that certain provisions of the Civil Code, particularly section 67 prohibiting a married woman from exercising an occupation separate from that of her husband, if a court finds that it would be contrary to the interests of the family, discriminate against women. The Committee requests the Government to take the necessary steps to amend or repeal the provisions that may constitute an obstacle to the exercise of certain occupations by women, particularly section 67 of the Civil Code, and to provide information on any measure taken in this regard. The Committee also asks the Government to ensure that any limitations on the work women may do is strictly limited to maternity protection, and asks the Government to provide information on any texts issued under section 23.1 of the Labour Code.

Sex discrimination. Sexual harassment. The Committee notes the Government’s indication that sexual harassment has been taken into account in the preliminary draft of the new Labour Code. For all types of behaviour that constitute sexual harassment in employment and occupation to be covered, the Committee recalls that it is important to adopt provisions defining and addressing quid pro quo and hostile working environment harassment. The Committee requests the Government to provide information on the contents of the provisions on sexual harassment in the preliminary draft of the new Labour Code. It once again requests the Government to provide information on the practical measures taken to prevent and combat sexual harassment, including the measures drawn up and implemented in collaboration with the social partners.

Article 2. Equality of opportunity between men and women. The Committee notes that, according to the statistics provided by the Government in its 2010 report, women are poorly represented in the public service (26.88 per cent in total), particularly in the higher categories (18.57 per cent), and the proportion of women in the formal private sector remains very low (11.2 per cent). Women nevertheless represent 45 per cent of informal economy workers, of whom 65 per cent are in trade. The 2009 document on the National Policy on Equality of Opportunity, Equity and Gender also reports that there are more women in the agricultural sector, but that they form a significant part of the unpaid workforce. This document also highlights inequalities against women regarding access to property due to socio-cultural factors, and the barriers faced by girls and women in gaining access to formal and non-formal education (such as marriage and early pregnancy, the belief that it is more important to educate a boy in view of his future role as head of the family, and sexist educational practices). The Committee notes the information provided by the Government concerning the efforts made to promote the access and maintenance of girls in school, including awareness-raising activities for parents in rural areas, the construction of schools and vocational training centres for young girls, the free distribution of school equipment, and study grants for young girls in secondary and higher education. In view of the persistent inequalities between men and women, the Committee encourages the Government to continue its efforts to adopt proactive measures to promote equality of opportunity concerning access to formal employment as well as to land and credit. It firmly encourages the Government to continue awareness-raising activities among the population in order to combat stereotypes regarding women’s aspirations, preferences and capabilities in employment and occupation and their roles and responsibilities within society. Regarding the establishment of vocational training centres for young girls, the Committee requests the Government to ensure that they are not confined to learning certain trades traditionally carried out by women and that they have access in practice to a wide range of skilled occupations leading to remunerated employment. The Committee requests the Government to provide detailed information on the implementation of the National Policy on Equality of Opportunity, Equity and Gender adopted in 2009 in the areas of education, vocational training and employment, including self-employment, and to provide detailed statistics that are available on the distribution of men and women in the different categories of the public and private sectors, and in the formal and informal economy.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s statement that it affords particular importance to tripartitism and that the social partners are adequately informed of the institutions which may be consulted with regard to discrimination issues. It also notes that awareness-raising seminars on the principle of equality have been organized for employers’ and workers’ organizations within the framework of the programme to promote the Declaration (PAMODEC). The Committee requests the Government to provide information on the way in which it cooperates with employers’ and workers’ organizations to promote the application of the principles of non-discrimination and of equality of opportunity and treatment in employment and occupation without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and on the outcome of this cooperation. It also requests the Government to provide information on the role of the social partners in the implementation of the National Policy on Equality of Opportunity, Equity and Gender.

Enforcement. The Committee notes that labour inspectors, judges and lawyers benefited from the awareness-raising seminars on equality of opportunity and treatment in employment and occupation within the framework of PAMODEC. The Committee requests the Government to continue to provide information on any training on equality and discrimination provided to persons responsible for the enforcement and monitoring of the labour legislation. It also requests the Government to provide information on all cases of discrimination that the labour inspectorate has addressed on the basis of a complaint or during an inspection, and on any court decisions in this regard.