Demande directe (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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Article 1(1) of the Convention. Sexual and moral harassment. The Committee recalls that the Labour Code prohibits sexual and moral harassment. It notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about “the prevalence of violations against women and girls working in the informal sector and in domestic work, particularly with regard to sexual harassment in the workplace” (CEDAW/C/CIV/CO/4, 30 July 2019, paragraph 41(a)). The Committee requests the Government to provide information on any measures taken, in collaboration with the social partners, to:

(i)prevent sexual and moral harassment based on one or more prohibited grounds of discrimination covered in the Labour Code, particularly with regard to women domestic workers;
(ii)put an end to the cases observed in both the public and private sector; and
(iii)enable men and women workers to exercise their rights to a harassment-free work environment.

Articles 1(1)(a) and (5). Discrimination on the basis of sex. Restrictions on women’s access to employment and to certain occupations. The Committee welcome the adoption of Act No. 2019-570 of 26 June 2019 on marriage, section 57 of which provides that: “Both spouses are free to exercise the profession of their choice, unless it is legally determined that the practice of that profession is contrary to the interests of the family”, and amends the provisions of the Civil Code that had a discriminatory impact on women. The Committee also recalls that section 23(1) of the Labour Code still stipulates that “the nature of the work prohibited to women, pregnant women […] shall be determined under the conditions set out by decree”. Consequently, the Committee once again requests the Government to provide information on:

(i)any measures taken or envisaged to ensure that any restrictions to the employment of women are strictly limited to the protection of maternity; and
(ii)any texts issued under section 23(1) of the Labour Code.

Article 1(1)(b). Additional grounds of discrimination. Persons with disabilities. The Committee welcomes the Government’s indication that: (1) Decree No. 2018-456 of 9 May 2018 on the employment of persons with disabilities in the private sector (COTOREP, private sector) specifically establishes that all employers are required to employ persons with disabilities and to make the necessary accommodations to facilitate access for persons with disabilities in the workplace; (2) two decrees on the creation, assignment, organization and functioning of technical committees on occupational guidance and reclassification (COTOREP) for persons with disabilities in the public and private sector, were adopted on 22 September 2021. The Committee notes the Government’s indication that: (1) these Decrees seek to ensure the right to employment and occupational reclassification of workers with disabilities ; and (2) 1,700 workers with disabilities were hired in the public service between 1999 and 2021. The Committee therefore requests the Government to provide information on:

(i)the labour market participation of persons with disabilities in the public and private sector; and
(ii)the specific measures taken, in application of the above-mentioned Decrees or in any other manner, to promote the employment of persons with disabilities and to prevent any discrimination against them.

Actual or perceived HIV status.The Committee recalls that “actual or perceived HIV and AIDS status” had been included on the list of prohibited grounds of discrimination in section 4 of the Labour Code. The Committee requests the Government to provide information on:

(i)any measures taken to combat discrimination in employment on the grounds of HIV status; and
(ii)any cases of discrimination of this type handled by the labour inspectorate and/or by the courts.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes that, according to the National Survey on the Employment Situation of 2019, analysed by ILO STAT, out of a working population of persons aged between 25 and 54, 58 per cent were men and 42 per cent were women, with a high proportion of informal employment (95 per cent women). The Committee notes, according to the information available on the website of the Directorate of Gender Equality and Equity of the Ministry of National Education and Literacy, the adoption of the new National Policy on Equal Opportunity, Equity and Gender, on 9 December 2020. It also notes that CEDAW expressed concern about: (1) the insufficient information on the impact of the plan to implement the National Policy on Equal Opportunity, Equity and Gender; (2) the lack of information on legislative and other measures to increase access of women to new technologies, land and credits; and (3) the disproportionate burden of unpaid work carried by women, limiting their professional opportunities (CEDAW/C/CIV/CO/4, paragraph 45(a)-(c)). The Committee requests the Government to provide information on:

(i)the measures concerning training and employment contained in the new National Policy on Equal Opportunity, Equity and Gender of 2020 and any available evaluation of the previous policy;
(ii)the measures taken or envisaged to promote access for women to training and to a wide variety of jobs, and access to land and credits;
(iii)the awareness-raising actions taken or envisaged for workers, employers and the general population in order to combat gender stereotypes and patriarchal attitudes, and to promote the sharing of family responsibilities; and
(iv)the labour market participation of men and women.

Enforcement. The Committee notes the Government’s indication, in its Beijing+25 Report, that the main challenge faced is the application of legal provisions. The Committee therefore requests the Government to provide information on:

(i)the measures taken to strengthen the labour inspectorate and to train labour inspectors on matters relating to non-discrimination and equality; and
(ii)the number, nature (ground concerned) and outcome (penalties imposed and compensation awarded) of the cases of discrimination handled by the labour inspectorate and/or the courts.