Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, reporting violations of the Convention in law and practice, namely concerning allegations of police repression and violations of the right to strike in the education sector. The Committee regrets that the Government has not provided its comments in this regard. The Committee also notes the observations made by the ITUC, received on 1 September 2019, regarding allegations of arbitrary arrests during protests, violent police repression and violation of the right to strike in different sectors. The Committee requests the Government to provide its comments on the observations made by the ITUC in 2016 and 2019. The Committee notes the general observations made by the General Confederation of Enterprises of Côte d’Ivoire (CGECI), received on 2 July 2019.

The Committee also had noted the adoption of Act No. 2015-532 of 20 July 2015 issuing the Labour Code and had raised the following issues in that regard.

Article 2 of the Convention. Right to organize of minors. The Committee noted that, under section 51(7) of the Labour Code, minors above the age of 16 years may join trade unions unless their parents or guardians object and requested the Government to recognize the right to join trade unions of minors who have reached the statutory minimum age for admission to employment, whether as workers or apprentices, without requiring the permission of their parents or guardians.

Article 3. Right of workers’ and employers’ organizations to elect their representatives in full freedom. The Committee noted that the new Labour Code had not lifted the restrictions on access to trade union office as, under section 51(6), members responsible for the administration or management of an occupational trade union must be Ivorian nationals or nationals of any other State with which reciprocity agreements have been concluded. The Committee recalled that the recognition of the trade union rights established by the Convention to foreign nationals cannot be subject to any reciprocity requirement and that the national legislation must allow foreign workers access to trade union office, at the very least after a reasonable period of residence in the host country. The Committee therefore requested the Government to amend the legislation to that effect.

The Committee notes the Government’s indication that it recognizes the right to freedom of association of minors who have reached the statutory minimum age for admission to employment and that it will take into account the observations of the Committee on the application of Articles 2 and 3 of the Convention when the Labour Code is revised. The Committee expects that the Government will amend the legislation with a view to lifting the above-mentioned restrictions and requests it to report any progress to this effect in its next report.