Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Côte d'Ivoire (Ratification: 1960)

Other comments on C087

Observation

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The Committee notes the Government's report and the recommendations of the Committee on Freedom of Association in Cases Nos. 1594 and 1647 (296th report of the Committee approved by the Governing Body at its session of November 1994). The Committee also takes note of the content of the draft Labour Code which is being prepared and which was supplied during the direct contacts that took place in Côte d'Ivoire when Case No. 1594 was being examined.

1. With reference to its previous comments, the Committee notes with interest section 82.11 of the draft Labour Code which limits the powers of the President of the Republic to refer a collective dispute to compulsory arbitration to cases where a strike may be ended or prohibited in accordance with the principles of freedom of association, since it provides for such a possibility only in the following circumstances;

(a) if the strike affects an essential service, the interruption of which would endanger the life, personal safety or health of the whole or part of the population;

(b) in the event of an acute national crisis.

2. The Committee also notes with interest the provisions in the draft Code concerning the representativeness of workers' and employers' organizations (section 56(1), (2) and (3)) which set out objective, precise and predetermined criteria directly linked to election results, in accordance with the principles of freedom of association.

3. Lastly, in order to clear up any ambiguity, the Committee like the Committee on Freedom of Association, requests the Government to amend Act No. 60-315 of 20 September 1960 on Associations, so as to provide that it does not apply to trade unions. The Committee hopes that provisions taking account of its comments will be adopted in the near future, and asks the Government to inform it of any development in this respect in its next report.