Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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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Articles 1 and 2 of the Convention. Protection against discrimination and promotion of equality. Public service. The Committee recalls that section 14(1) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations, the reform of which, it noted, was in progress, prohibits any distinction being made between men and women only during recruitment and, under section 14(2), establishes that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions … to reserve access [to the public service] for candidates of one or other sex”. The Committee notes that, according to the information available on the Government website, the Council of Ministers adopted, on 9 November 2022, a bill issuing general public service regulations. The Committee firmly hopes that the Bill issuing general public service regulations will include provisions that: (i) define and prohibit any direct or indirect discrimination made at least on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, at any stage of employment (including in the conditions of employment); and (ii) limit the cases of access reserved for one or the other sex to the conditions inherent to the position in question. The Committee requests the Government to ensure that equality of opportunity and treatment without any distinction on the basis of the aforementioned grounds is one of the specific objectives of the public service reform, and to implement appropriate mechanisms for the prevention of discrimination and the handling of complaints.The Government is requested to provide a copy of the regulations as soon as they enter into force.

Article 1(1)(a). Private sector. Prohibited grounds of discrimination. Legislation. Further to its previous comments, the Committee welcomes the adoption of Act No. 2019-574 of 26 June 2019 on the Criminal Code, and Act No. 2021-893 of 21 December 2021, which amends, inter alia, sections 226, 227 and 228 of the Criminal Code. Section 226, which also defines racism, xenophobia and tribalism, defines discrimination as “any distinction, exclusion, restriction or preference based on, inter alia, national or ethnic origin, race, colour, descent, sex, marital status, pregnancy, physical appearance, vulnerability resulting from an apparent or known economic situation, surname, place of residence, state of health, disability, morals, age, political, religious or philosophical opinions, or trade union activities, which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”. Section 227 establishes the penalties applicable in cases of discrimination (a prison sentence of one to two years, and a fine of between 500,000 and 2,000,000 CFA francs (XOF)) and, more specifically, aggravated penalties in cases of discrimination such as: (1) “hindering the normal exercise of any economic activity”; (2) “refusing to hire, sanction or dismiss a person”; (3) “making an offer of employment, an application for an internship or a period of work experience in an enterprise subject to a condition based on one of the [discrimination criteria]”; and (4) “refusing to accept a person for one of the internships provided for by the Labour Code”. Lastly, section 228 provides for all possible exceptions (such as measures concerning foreign nationals, positive measures and essential and specific professional requirements).

The Committee observes, however, that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. It notes that the Government has not amended section 4 of the Labour Code, which lists the grounds that an employer may not take into consideration in making decisions, and which omits colour from that list. The Committee requests the Government to, during the next reform of the Labour Code, take measures to incorporate: (i) a reference to colour in section 4; and (ii) an express definition and prohibition of any direct or indirect discrimination at any stage of employment. It also requests the Government to take measures to disseminate the provisions of articles 226, 227 and 228 of the Criminal Code on discrimination to employers, workers and their respective organizations. The Government is requested to provide information on their application in practice in the public and private sector, indicating the conditions of proof applicable, and giving examples of cases of discrimination handled (section 226) and exceptions (section 228) applied by labour inspectors or the courts.

The Committee is raising other matters in a request addressed directly to the Government.