Texts of pending comments

Articles 1(1), 2(2) and 25 of the Convention. Trafficking in persons. The Committee previously noted Act No. 2016-1111 of 8 December 2016 on trafficking in persons, as well as the establishment of a national committee against trafficking in persons (CNLTP). It also noted the development of a national strategy on combating trafficking in persons, accompanied by a national plan of action for the period 2016–2020. The Committee requested the Government to provide information on the application in practice of this Act, the activities of the CNLTP and the implementation of the National Plan of Action.

The Government indicates in its report that between 2018 and 2019, 46 people were prosecuted for offences relating to trafficking in persons. Furthermore, between 2019 and 2020, 58 cases resulted in investigations for forced labour and 23 for sexual exploitation linked to trafficking. The Government refers to several cases of convictions for trafficking in persons, in which the perpetrators were sentenced to up to ten years’ imprisonment. It adds that the CNLTP plans to hold a workshop to review the National Plan of Action (2016–2020), which will contribute to the elaboration and approval of a new strategy for the period 2021–2025. With regard to the protection of victims of trafficking, the Government indicates that the CNLTP, which has been operational since 2019, has carried out activities to: (i) set up a referral mechanism for victims; (ii) facilitate the provision of care to victims in reception centres managed by non-governmental organizations; and (iii) repatriate victims of trafficking in persons. From 2020 to mid-2021, 581 victims of trafficking in persons have been provided with care.

The Committee also observes, according to the information available on the Government’s website, that a capacity-building project to enable the national authorities to provide an integrated response to combat trafficking in persons and the smuggling of migrants (COCOTIP) was launched in December 2019 and will end in November 2022. The Committee requests the Government to continue its efforts to combat trafficking in persons for the purposes of both sexual exploitation and labour exploitation, and to provide information in this respect, including on the review of the National Plan of Action (2016-2020) conducted by the CNLTP; the new National Strategy on Combating Trafficking in Persons; and the results achieved in the context of the COCOTIP project. The Committee requests the Government to continue to provide information on the activities of the CNLTP aimed at identifying and protecting victims of trafficking, including on the implementation of the referral mechanism. Lastly, the Committee requests the Government to continue to provide information on the number of investigations conducted and persons prosecuted, as well as on the number and nature of convictions under Act No. 2016-1111 on trafficking in persons.

Article 2(2)(c). Sentence of community work. The Committee notes that the principal penal sanctions prescribed in the Penal Code of 2019 (Act No. 2019-574 of 26 June 2019) include the penalty of community work (section 36), which can be applied for offences and minor offences (section 38). Under the terms of section 55, as an alternative to a custodial sentence the court may order the convicted person to carry out unpaid work either for a public entity or for a private entity with a public service mandate or for an association authorized to carry out community works. Article 58 provides that the arrangements for carrying out such work shall be determined by decree. The Committee requests the Government to indicate whether the sentence of community work has already been applied in practice and, if so, to provide the list of private entities with a public service mandate and associations authorized to carry out community works and to indicate the nature of the works carried out. It also requests the Government to provide a copy of the decree determining the arrangements for carrying out community work.

Article 2(2)(d). Powers of requisitioning. For many years, the Committee has drawn the Government’s attention to the need to amend or formally repeal Act No. 63-4 of 17 January 1963 on the use of persons for promoting national economic and social development and its implementing Decree No. 63-48 of 9 February 1963. These legal texts, which allow the requisitioning of persons over 18 years of age to perform certain types of work of national interest with a view to national economic and social promotion, define powers of requisitioning too broadly and go beyond the exceptional situations provided for in Article 2(2)(d) of the Convention, concerning any work or service exacted in cases of emergency.

The Government once again indicates that these texts are no longer applied in practice and have fallen into disuse. It states that their removal should not cause difficulties, and that it will inform the Committee of developments in that regard. The Committee takes due note of this information and expects that the Government will take the necessary measures to formally repeal Act No. 63-4 of 17 January 1963 and its implementing decree, in order to bring the national legislation into line with the Convention and avoid any ambiguity in the national legal order.

Impact of compulsory prison labour on the application of Article 1(a), (c) and (d) of the Convention. In its previous comments, the Committee observed that any person sentenced to imprisonment is forced to work, with the exception of persons convicted of military offences. It referred to section 46 of the Penal Code, which provides that sentences involve imprisonment, but persons sentenced to detention are not compelled to work; section 68 of Decree No. 69-189 of 14 May 1969 issuing the prison regulations, which provide that convicted prisoners are required to work; and section 680 of the Code of Criminal Procedure, which establishes the same obligation to work, and specifies that it applies to persons sentenced to imprisonment for crimes or common law offences. In view of the compulsory nature of the labour of persons sentenced to imprisonment, the Committee requested the Government to provide information on the application in practice of certain provisions of the Penal Code, which provide for imprisonment for offences which might fall within the scope of Article 1(a), (c) and (d) of the Convention.

The Government indicates in its report that the reference to compulsory labour in prison contained in section 46 of the former Penal Code has been removed in the new Penal Code of 2019 (Act No. 2019-574 of 26 June 2019), in order to resolve any ambiguity. The Government refers in this respect to sections 42 and 43 of the Penal Code, which provide that a prison sentence shall be served in accordance with the law and that imprisonment shall be served in a prison. The Government also refers to section 68 of the Decree regulating prisons and section 724 of the Code of Criminal Procedure of 2018 (which uses the same wording as section 680 of the former Code of Criminal Procedure), and indicates in this connection that the labour referred to in these provisions is not a sentence as such, but a means of serving the sentence, and that this labour offers benefits to convicted prisoners. The Government further indicates that the provisions providing for the compulsory nature of labour in prison contained in the Code of Criminal Procedure and the Decree regulating prisons have not been applied in the last three years.

The Committee therefore observes that, while the reference to the obligation to work of persons sentenced to imprisonment has been removed from the Penal Code, it remains in the Code of Criminal Procedure of 2018 (section 724: "persons sentenced to imprisonment for crimes or common law offences shall be required to work") and is still in force in the 1969 Decree issuing the prison regulations. The legal basis for imposing labour on a person sentenced to imprisonment thus remains. In this respect, the Committee recalls that Article 1(a), (c) and (d) of the Convention prohibits the imposition of any form of compulsory labour, including compulsory prison labour, as a punishment for expressing political views or views opposed to the established political, social or economic system, as a means of labour discipline or for having participated in strikes.

In this respect, the Committee observes that the provisions of the former Penal Code providing for the imposition of prison sentences (including the obligation to work) in circumstances that could fall within the scope of the Convention have been retained in the 2019 Penal Code. The provisions in question are as follows:

With respect to Article 1(a) of the Convention (work imposed as a punishment for expressing political views or views opposed to the established political, social or economic system):

– section 182: possession, distribution, sale or public display, for propaganda purposes, of tracts or bulletins of foreign origin or inspiration, such as to harm the national interest;
– section 183: publication, dissemination, disclosure or reproduction by whatever means of false information which results in, or could result in, … the undermining of public morals or the discrediting of institutions or their functioning;
– sections 197–199: participation in a prohibited demonstration, participation in the organization of an unauthorized or prohibited demonstration, and organization of an unauthorized or prohibited demonstration;
– sections 264–270: insults directed at the President of the Republic or the Vice-President of the Republic, heads of state and representatives of foreign governments, and insults directed at national emblems and public authorities;
– section 367: insults through an information system.

With respect to Article 1(c) (labour imposed as a means of labour discipline):

– section 295: negligence by a civil servant causing delays, slowdowns or disruption that seriously affects the functioning of the public service in which he/she works.

Lastly, with respect to Article 1(d) (labour imposed as a punishment for having participated in strikes):

– section 342: threats or deception intended to cause or maintain a concerted work stoppage with a view to forcing an increase or decrease in wages or undermining the free exercise of industry or work.

The Committee trusts that the Government will take the necessary measures to continue bringing its legislation into line with the practice indicated, by expressly indicating in the Code of Criminal Procedure and the Decree regulating prisons that labour in prison is voluntary. In the meantime, the Committee requests the Government to ensure that no prison sentence, which involves compulsory labour under national law, may be imposed under the above provisions of the Penal Code on persons for expressing certain political views, or their opposition to the established political, social or economic system, as a means of labour discipline or as a punishment for having participated in strikes. The Committee once again requests the Government to provide information on the effect given in practice to the above provisions of the Penal Code, specifying the number of prosecutions initiated under these provisions, the charges brought and the sentences imposed.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted with concern the high number of children under the minimum age for admission to work of 14 years that were engaged in work, particularly under hazardous conditions (1,424,996 children aged from 5 to 17 years were engaged in types of work that are to be abolished, of which 539,177 were victims of hazardous types of work). While noting the National Plan of Action to Combat the Worst Forms of Child Labour 2015–2017 (PAN-PFTE 2015–2017), the Committee requested the Government to intensify its efforts and to take the necessary measures for the progressive elimination of child labour, particularly in rural areas.

The Committee notes the detailed information provided by the Government in its report concerning the review of the implementation of the PAN-PFTE 2015–2017. The Government indicates that considerable progress has been observed, both in terms of preventing the phenomenon and in the protection of victims, strengthening of the legal framework, prevention and monitoring. For example, grass-roots awareness campaigns, through visits to the rural communities, have made it possible to cover more than 2 million people. These awareness-raising and communication campaigns have informed the populations of the prohibition and abolition by law of child labour. As a result, parents are now able to distinguish between hazardous work prohibited for children and light work authorized for young persons. Moreover, 1,574 labour inspections were conducted by the General Labour Directorate (DGT) to monitor compliance with labour regulations and combat child labour. The Government also indicates that two child labour monitoring mechanisms are now functioning in Côte d’Ivoire, of which the observation and monitoring system for child labour in Côte d’Ivoire (SOSTECI), was launched by the Ministry of Employment and Social Protection. This mechanism makes it possible not only to identify and refer victims or children at risk of child labour, but also establishes a national database on the phenomenon.

The Committee notes with interest that a third National Plan of Action, the PAN-PFTE 2019–2021, was launched on 25 June 2019. It aims at contributing to the vision of a Côte d’Ivoire “free from child labour by 2025” by taking the protection of children aged between 5 and 17 years from types of work that are to be abolished as its strategic result. To that end, action has been structured around three poles: (i) access for children to basic social services; (ii) reduction of the socioeconomic vulnerability of families and communities; and (iii) the institutional, legal and programmatic framework to combat child labour. While noting the measures taken, the Committee requests the Government to pursue its efforts to ensure the progressive elimination of child labour in the country. It also requests the Government to provide information on the measures adopted in this regard, including concrete measures taken under the PAN-PFTE 2019-2021, and on the results obtained. Finally, the Committee requests the Government to continue to provide information on the application of the Convention in practice – in particular the information collected by the SOSTECI – for example, by providing statistical data related to the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when it ratified the Convention, and extracts from the reports of the inspection services.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that education is neither compulsory nor free in Côte d’Ivoire. It also noted that a bill is being drawn up to make schooling compulsory until the age of 16 years. Noting the large number of children of the age to be in primary school or the first cycle of secondary education that do not attend school (nearly 1.7 million), the Committee requested the Government to take immediate measures to ensure that the legislation introducing compulsory schooling for children aged between 6 and 16 years is introduced as soon as possible.

The Committee notes with satisfaction that section 2-1 of Act No. 2015-635 amending the Act of 7 September 1995 concerning education, adopted on 17 September 2015, makes school attendance for children aged between 6 and 16 years compulsory. The Committee notes further that the Government indicates in its report that, for effective application of a law introducing compulsory schooling, the State has committed to the construction of schools, school canteens, and decent housing for teachers every year, throughout the national territory, in order to enable all children, wherever they may be, to have access to free basic education of quality. The Government also announces the adoption of a decree promoting schooling for children, in particular for girls, in both urban and rural areas. This is Decree No. 2020-997 of 30 December 2020, amending Decree No. 2012-488 of 7 June 2012 on the attributions, organization and operation of the management committees of public educational establishments (COGES) which, in its new section 3(9) strengthens the mandate of the COGES, by making them responsible for “contributing to the schooling of children, in particular of girls, in both urban and rural areas”.

Articles 6 and 7. Apprenticeship and light work. In its previous comments, the Committee noted a divergence within the legislation of Côte d’Ivoire. Section 23(8) of the new Labour Code (Act No. 2015-532 of 2015) sets the age of apprenticeship at 14 years, while under section 3 of Decree No 96-204 of 7 March 1996 on night work (Decree No. 96-204 of 1996) children under 14 years of age may be admitted to apprenticeship or pre-vocational training provided they are not engaged in work during the period defined as night work or, more generally, during the period of 15 consecutive hours between 5 p.m. and 8 a.m. In this regard, the Committee noted the Government’s indication that a draft text to revise Decree No. 96-204 of 1996 is under preparation. The Committee expressed the hope that, in the context of this revision, the Government would take the necessary measures to bring the said Decree into conformity with Article 6 of the Convention and set the minimum age for entry into apprenticeship at 14 years throughout all the legislation of Côte d’Ivoire.

The Committee takes note of the Government’s indication that the revision of Decree No. 96-204 of 7 March 1996 on night work is not yet complete and that it will keep the Committee informed of the adoption of the new text. Recalling that under Article 6 of the Convention, the age of admission to work as part of an apprenticeship programme is 14 years, the Committee again hopes that the Government will take the necessary measures to bring Decree No. 96-204 of 1996 into conformity with the Convention and thus fix the age of entry to apprenticeship at 14 years. It requests the Government to provide information in this regard in its next report.

The Committee notes the information supplied by the Government in its first report.

Articles 1(1) and 4 of the Convention. Scope of application. Formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals, in consultation with the social partners. The Committee notes that the National Strategy for the management of chemicals (the Strategy) was adopted in 2014 and covers the 2016–20 period. The Strategy groups together all projects and activities which are planned to enable Côte d’Ivoire to achieve environmentally rational management of chemicals throughout their life cycle. The Committee also notes that this document provides for the establishment of a monitoring system and that the Ministry of the Environment and Sustainable Development is the authority responsible for the evaluation of its implementation. The Committee requests the Government to provide information on the measures taken to apply the National Strategy for the management of chemicals in all branches of economic activity where chemicals are used, and to indicate the results achieved. The Committee also requests the Government to provide information on the mechanism for the periodic review of the Strategy, in consultation with the most representative organizations of employers and workers concerned.

Article 5. Power to prohibit or restrict the use of certain hazardous chemicals. The Committee notes the Government’s indication that the ministries responsible respectively for labour, the environment, public health and agriculture have the power, as part of their specific areas of competence, to prohibit or limit the use of certain hazardous chemicals. The Committee also notes that the Strategy, as part of reinforcing technical capacities in this area, provides for the setting up of an inter-institutional committee on the management of chemicals. The Government also refers in its report to specific legislative provisions which prohibit or restrict the use of certain hazardous chemicals. The Committee requests the Government to indicate the measures taken to ensure coordination of the authorities responsible for prohibiting or restricting the use of certain hazardous chemicals. In this regard, the Committee requests the Government to provide information on progress made as regards setting up an inter-institutional committee on the management of chemicals. The Committee further requests the Government to provide information on the mechanisms for notification or authorization before certain hazardous chemicals are used.

Articles 6 and 7. Classification systems and marking of chemicals. The Committee notes the Government’s indication that it has not yet determined specific systems or criteria for classifying chemicals according to the degree of hazard they represent. The Committee also notes that the Government, with regard to the marking of chemicals, refers to Decree No. 67-321 of 21 July 1967, section IV of which regulates the labelling of containers for benzene hydrocarbons or products for industrial use. Moreover, the Committee notes that the Strategy, as part of the assessment and management of risks linked to chemicals, provides for mapping the production and use of chemicals according to sectors of activity and devising a harmonized general system (SGH) for the classification and labelling of chemicals. The Committee requests the Government to provide detailed information on the measures taken to establish systems and criteria for the classification and marking of all chemicals.

Article 8. Chemical safety data sheets. The Committee notes the Government’s reference in its report to the verification of hazardous chemicals, by the national authorities and accredited agencies, before these products are imported into Côte d’Ivoire. The Committee recalls that, under Article 8 of the Convention, for hazardous chemicals, chemical safety data sheets containing detailed essential information regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures shall be provided to employers. The Committee therefore requests the Government to indicate the measures taken to ensure that employers are provided with chemical safety data sheets, as prescribed in this Article of the Convention.

Article 9. Responsibilities of suppliers. The Committee notes the indication in the Government’s report that suppliers are informed of the need to observe conformity standards for the products concerned and that they are fully responsible for their export and even import activities. The Committee requests the Government to provide further information on standards governing the responsibility of suppliers and on the legal consequences of any violation of their obligations in this regard.

Articles 10, 11 and 12. Responsibilities of employers. Identification, transfer of chemicals and exposure. The Committee notes that the Government’s report refers to the labour inspection system and to the competence that lies with the Ministry of Labour and the Ministry of Public Health for the application of these Articles. The Committee notes that Articles 10, 11 and 12 refer to the responsibility of employers for the use and transfer of chemicals and with regard to the protection of workers in the event of exposure to hazardous chemicals. The Committee therefore requests the Government to provide information on the measures taken to ensure the application of the provisions of these Articles.

Article 13. Operational control. The Committee notes the Government’s indication concerning the general obligation of employers, established in section 41.2 of the Labour Code, to take all appropriate measures in line with the operating conditions of the enterprise to protect the life and health of workers. The Government’s report also refers to Chapter II of Decree No. 67-321 of 21 July 1967, which establishes particular hygiene and safety measures applicable in workplaces where, because of hazardous, unhealthy or dirty work, the materials or products used, or the strength required to handle them, the workers employed there must be specially protected or provided with appropriate conditions of hygiene. However, the Committee notes the lack of information on the existence of obligations for employers to: (i) choose chemicals that eliminate or minimise the risk; (ii) adopt working systems and practices that eliminate or minimise the risk; (iii) provide and properly maintain personal protective equipment and clothing for workers; and (iv) provide first aid and make arrangements to deal with emergencies. The Committee requests the Government to indicate the measures taken to ensure that employers are required to meet the obligations provided for in Article 13(1) and (2).

Articles 15 and 18(3). Information and training. Right to information for workers and their representatives. The Committee notes the Government’s reference in its report to section 41.3 of the Labour Code, which provides that employers are required to conduct training on hygiene and safety for newly recruited employees and those who change jobs or working techniques. This training must be updated for the staff concerned in the event of changes to the legislation or regulations. The Committee requests the Government to provide information on the measures taken to ensure instruction of workers in how to obtain and use the information provided on labels and chemical safety data sheets and to provide ongoing training for workers in the practices and procedures to be followed for safety in the use of chemicals at work, including with regard to the transportation of chemicals.

Article 19. Responsibility of exporting States to provide information on the prohibition of the use of chemicals for reasons of safety and health at work. The Committee notes that Order No. 159/MINAGRI of 21 June 2004, prohibiting the use in agriculture of active inputs in the manufacture of phytopharmaceutical products, contains an appended list of active substances whose use, manufacture and packaging for placing on the national market or use in agriculture is prohibited. The Committee requests the Government to provide further information on the measures taken to ensure that, in cases involving the exportation of chemicals which are subjected to regulation for reasons of health and safety at work, this fact and the reasons for it are communicated to any country to which these chemicals are to be exported.

Articles 3(d) and 7(2)(a) and (b) of the Convention. Hazardous work, preventing children from being engaged in and removing them from the worst forms of child labour. Children in agriculture, in particular the cocoa sector. In its previous comments, the Committee noted the adoption in June 2017 of Order No. 2017-017 determining the list of hazardous types of work prohibited for children under 18 years of age, prohibiting hazardous work in several agricultural branches. The Committee nonetheless noted that the National Plan of Action to Combat the Worst Forms of Child Labour 2015–17 (PAN-PFTE 2015–17), which refers to the 2014 report on the situation of child labour in Côte d’Ivoire, indicates that the number of children subjected to hazardous types of work in the agricultural sector is 189,427, with a total of 105,699 children between the ages of 14 and 17.

The Committee notes the review of the implementation of the PAN-PFTE 2015–2017, according to which the majority of the interventions were registered in the agriculture sector, specifically the cocoa sector, that is 64 per cent of the initiatives carried out in the context of the plan. This involves mainly programmes for supporting cocoa sustainability or productivity, certification, child labour monitoring and remediation systems, improving the living conditions of cocoa-producing communities, and improving children’s access to education. Further, the Committee notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138) that the Child Labour Monitoring and Remediation System (SSRTE), implemented by the cocoa and chocolate industry, is operational in Côte d’Ivoire and enables the identification and referral of children at risk or victims of labour in the cocoa agriculture sector.

The Committee notes the Government’s indication in its report that the implementation of the Third National Plan of Action to Combat the Worst Forms of Child Labour 2019–21 (PAN-PFTE 2019–21) reflects Côte d’Ivoire’s firm commitment to intensify its efforts to combat child labour by tackling the root causes of the phenomenon, including the poverty of cocoa farming households. Specific objectives of the PAN-PFTE 2019–21include strengthening the implementation of international commitments made by Côte d’Ivoire, such as those of the 2001 Harkin-Engel Protocol, which aimed to reduce child labour in cocoa sector in Côte d’Ivoire by 70 per cent by 2020, and target 8.7 of the Sustainable Development Goals, which calls for the elimination of child labour by 2025. The PAN-PFTE 2019–21 also envisages addressing new challenges that hamper the country’s efforts to combat child labour, including the issue of traceability of the cocoa supply chain to track the product’s route from field to market. While noting the efforts made by the Government, the Committee encourages it to intensify its efforts to prevent children under 18 years from engaging in hazardous work, in particular in the cocoa agriculture sector. In this regard, the Committee requests the Government to provide information on the impact of the PAN-PFTE 2019–21, particularly regarding the number of children removed from hazardous work in cocoa agriculture and subsequently rehabilitated and reintegrated into society. Lastly, the Committee requests the Government to provide any data collected by the SSRTE on the number of children engaged in this worst form of child labour, disaggregated as much as possible by age and gender.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child HIV/AIDS orphans. In its previous comments, the Committee noted that the 2016 estimates published by UNAIDS gave the figure of 320,000 orphans and vulnerable children (OVC) due to HIV/AIDS in the country and that the Government, with the support of UNAIDS, had established a National HIV/AIDS Strategic Plan 2016–20 covering care and support for OVC and their families.

The Committee notes the Government’s information regarding the results achieved through the implementation of the National HIV/AIDS Strategic Plan 2016–20, particularly: (i) the revision of the national policy document on care and support for OVC (June 2018); and (ii) the establishment of a comprehensive package of medical, psychosocial, physical, socioeconomic, legal, food and nutrition care and support services for the well-being and survival of persons living with HIV, carers and OVC. The Government also indicates several measures and strategies adopted to combat the HIV/AIDS epidemic in the country, including free antiretroviral treatment since 2008 and all measures offered to persons living with HIV since 2019. The Committee notes, however, that, according to UNAIDS estimates, the number of OVC due to HIV/AIDS stood at 340,000 in 2020. Recalling that children who are orphaned because of HIV/AIDS are at particular risk of being engaged in the worst forms of child labour, the Committee requests the Government to step up its efforts to protect against the worst forms of labour, especially within the framework of the national policy on care and support for OVC, as well as other measures adopted by the Government. It requests it to continue to provide information on the measures taken in this respect and the results achieved.

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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted Act No. 2010-272 of 30 September 2010 prohibiting trafficking and the worst forms of child labour. The Committee requested the Government to provide information on the effect given in practice to Act No. 2010 272 of 30 September 2010.

The Committee notes the information in the Government’s report concerning the results achieved through the implementation of the National Plan of Action to Combat the Worst Forms of Child Labour 2015–17 (PAN-PFTE 2015–17), particularly in relation to Pillar 3 on the prosecution and punishment of traffickers. According to this information, the activities of the subdirectorate of the criminal police department responsible for combating child trafficking and juvenile delinquency have resulted in the conviction of 187 traffickers. In addition, the “AKOMA” police operation, carried out in June 2015 in San Pedro, Tabou and Sassandra, with the support of International Organization for Migration (IOM) and INTERPOL, led to the arrest and conviction of 22 traffickers and the rescue of 103 child victims of trafficking and exploitation. The Committee also notes the detailed information provided by the Government in its report submitted under the Forced Labour Convention, 1930 (No. 29) concerning the application of Act No. 2016-1111 of 8 December 2016 on trafficking in persons. The Committee notes, inter alia, that in 2018–2019, 46 persons were prosecuted for offences in trafficking in persons and that in 2019–2020, 23 cases resulted in investigations into trafficking for the purposes of sexual exploitation. Examples provided by the Government include convictions with firm prison sentences of up to ten years for trafficking in persons for the purpose of sexual exploitation, where the victims were minors.

The Committee also notes that, within the framework of the National Plan of Action to Combat the Worst Forms of Child Labour 2019–21 (PAN-PFTE 2019–21), provision is made to reinforce the technical and operational capacities of the subdirectorate of the criminal police department responsible for combating child trafficking and juvenile delinquency, as well as to organize six police operations to combat child trafficking and child labour. In addition, the Committee notes that, according to the Government’s report submitted under Convention No. 29, the National Committee to Combat Trafficking in Persons (CNLTP) plans to organize a workshop to review the implementation of the National Action Plan to Combat Trafficking in Persons (2016–2020), which will then enable the development and approval of a new strategy for 2021–2025. Within this framework, particular emphasis is placed on the punishment of traffickers by strengthening the operational capacities of the police tasked with combating child labour, notably the subdirectorate of the criminal police department responsible for combating child trafficking and juvenile delinquency, in particular so that it can patrol the borders with a view to intercepting child traffickers and dismantling clandestine child trafficking and exploitation networks.

The Committee notes, however, the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 12 July 2019 (CRC/C/CIV/CO/2), highlighting the limited information on convictions of perpetrators of child labour (para. 48(b)), as well as its request to Côte d’Ivoire to enforce its laws, including Act No. 2010-272, strengthen monitoring and inspection mechanisms, and prosecute perpetrators of violations related to child labour (para. 49(b)). While noting the efforts made by the Government, the Committee encourages it to intensify its efforts to strengthen the capacity of law enforcement bodies to ensure that all persons who commit child trafficking are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, the Committee requests the Government to provide information on the application in practice of Act No. 2010-272 of 30 September 2010 prohibiting trafficking and the worst forms of child labour, and Act No. 2016-1111 of 8 December 2016 on trafficking in persons. It also requests the Government to provide statistics on the number and nature of violations reported, investigations, prosecutions, convictions and criminal penalties imposed in the context of cases involving child trafficking.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the establishment in 2011 of the Inter-Ministerial Committee against the Trafficking and Exploitation of Children and Child Labour (CIM) and the National Monitoring Committee of Action to Combat Child Trafficking, Exploitation and Labour (CNS). It requested the Government to provide information on the activities of the two committees.

The Committee notes that the Government has not provided any information on this subject in its report. It notes, however, the information provided in the Government’s report submitted under Convention No. 29, according to which the CNLTP was operationalized in 2019 and that various activities have since been carried out. The Executive Secretary of the CNLTP, for example, refers victims of trafficking to the NGO, Côte d’Ivoire Prospérité, to ensure their care in a secured shelter. This care consists of medical, psychological and psychosocial assistance, food and non-food items, sanitary kits and help with repatriation. In addition, the CNLTP, in cooperation with the IOM, repatriated 45 victims of trafficking. The Government reports that 581 victims have been provided with care since 2020, 249 of whom were minors of various nationalities (Burkina Faso, Côte d'Ivoire, Gabon, Nigeria and Togo). The Committee requests the Government to continue to provide information on the activities of the CNLTP concerning the manner in which it contributes to enforcing the provisions of the Convention with regard to the sale or trafficking of children for the purposes of commercial or sexual exploitation and the results achieved. It also requests the Government to indicate whether the CIM and the CNS remain operational and, if so, to provide information on their activities and the results achieved.

Article 6. Programmes of action and application of the Convention in practice. PAN-PFTE . The Committee previously noted the strategic objectives of the PAN PFTE 2015–2017. It requested the Government to provide information on the results achieved in relation to the number of children removed from the worst forms of child labour.

The Committee notes the detailed information provided by the Government in its report submitted under the Minimum Age Convention, 1973 (No. 138), according to which the review of the implementation of the PAN-PFTE 2015–2017 helped to identify significant progress in terms of preventing the phenomenon, protecting victims, strengthening the legal framework, as well as law enforcement and follow-up evaluation. Regarding prevention, more than 70,000 stakeholders involved in the remediation system have been trained to better protect children. These persons include prefects, sub-prefects, magistrates, labour inspectors, social workers, police, gendarmes, journalists and media professionals. With regard to assistance and protection of child victims, more than 4,000 children at risk of exploitation and victims of child labour have been rescued and provided with support for family, school or occupational reintegration in specialized structures of the State and NGOs. More than 20,000 local child protection committees have been set up across the country to prevent and ensure emergency care for child victims of trafficking and exploitation at the local level.

The Committee notes that a Third National Plan of Action to Combat the Worst Forms of Child Labour 2019–21 (PAN-PFTE 2019–21) was launched on 25 June 2019. The PAN–PFTE 2019–2021 aims to contribute to the vision of a Côte d’Ivoire “free of child labour by 2025”, with the strategic outcome of protecting children aged 5 to 17 years against work to be abolished, including the worst forms of child labour. The Committee requests the Government to continue to indicate the measures taken to combat the worst forms of child labour including within the framework of the PAN–PFTE 2019–2021. It requests the Government to continue to provide information on the results achieved relating to the number of children removed from the worst forms of labour, particularly child victims of trafficking.

Article 7(2). Effective and time-bound measures. 1. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee previously noted the Sectoral Education/Training Plan 2015–25, showing the rise in the net and gross school enrolment rate at primary level, with the gross rate reaching 101 in 2016. The Committee observed that, according to the Sectoral Plan, this improvement in the school attendance rate has resulted at the practical level in action to increase supply (the construction of classrooms, recruitment of teachers) and a lightening of the cost to be borne by families through the free distribution of school supplies for children enrolled in public primary schools since 2013.

The Committee notes that several measures were taken as part of the implementation PAN–PFTE 2015–2017 which contributed to improving the functioning of the education system in Côte d’Ivoire. The Government indicates, for example, that access for children to basic social infrastructure has been improved by building more than 4,250 preschool and primary classrooms, ensuring civil registration of 700,000 primary school pupils, and establishing more than 258 teaching centres in cacao plantation areas and over 104 school canteens in rural schools. In this regard, the Committee notes that, according to UNICEF, the number of children of primary and lower secondary school age not in school fell by half between 2016 and 2020. The Committee further notes that in June 2021 UNICEF and the Ivorian Government launched a new cooperation cycle for the period 2021–2025 that will guide various interventions for the realization of the rights of children and adolescents in Côte d'Ivoire, including in education. Lastly, the Committee notes that, under the PAN–PFTE 2019–2021, the country intends to pursue and intensify its efforts to accelerate progress towards eliminating the worst forms of child labour through children’s access to education and includes as an indicator of success the fact that child workers or children at risk of labour to be abolished have access to quality basic education and training. Considering that education plays a key role in preventing children from being engaged in the worst forms of child labor, the Committee requests the Government to continue to take all necessary measures to improve the functioning of the education system and to ensure free basic education. It also requests it to provide detailed information on the results achieved through both the implementation of the Sectoral Education/Training Plan 2015–25 and also the new cooperation cycle with UNICEF and the PAN–PFTE 2019–2021, particularly with regard to the rates of enrolment and completion, disaggregated by age and gender.

Articles 1 and 2 of the Convention. Evaluation of pay gap. In its previous comments, the Committee requested the Government to provide information on the breakdown of men and women by sector, both public and private, occupation, and on their respective remunerations. The Committee notes that, in its report, the Government states that information will be provided to the Committee when available. The Committee also notes that, in the National Review on the Implementation of the Beijing Declaration and Platform for Action (Beijing +25), the Government refers to the future adoption of several measures to promote gender-specific data collection, including the development of gender-specific national indicators on equality, the institutionalization and systematization of data collection and periodic evaluations, the elaboration of a set of national indicators to monitor the progress of the United Nations Sustainable Development Goals’ realization. The Committee further notes that, in 2016, the Government carried out the National Survey on Employment Situation and the Informal Sector (ENSESI 2016) and that women’s participation in the labour market is mainly found in the informal economy. The Committee recalls that, while the principle of the Convention should apply to all workers, the application in law and practice of the principle of the Convention in the informal sector remains a challenge, but that understanding the extent of pay differentials in the informal economy and examining its underlying factors are important first steps in realising equal pay for work of equal value for all, including those working in the informal economy. (General Survey on fundamental conventions, para 665). The Committee asks the Government to provide information on measures taken to ensure that, in the establishment of new methods of data collection and disaggregation and in the undertaking of upcoming surveys, information relevant to the implementation of the principle of equal remuneration for work of equal value is collected (such as the numbers of men and women disaggregated by sector and occupation in the private and public sectors and their corresponding levels of remuneration, as well as data on the extent of pay differentials in the informal economy). The Committee also asks the Government to indicate the measures taken to use this information to identify remuneration inequalities in the formal and informal economy, and to determine their nature, scope and causes.

Article 1(b) of the Convention. Equal remuneration for men and women workers. The Committee notes that, in response to its previous request, the Government indicates that, for the moment, no measures have been taken to examine the possibility of modifying the burden of proof to favour workers who allege discrimination, once they have provided prima facie or plausible evidence of the offence. The Committee is therefore bound to reiterate its request that the Government considers examining with the social partners the possibility of providing a shift in the burden of proof.

Articles 2 and 4. Collective agreements and collaboration with the social partners. The Committee notes that, in its report, the Government reiterates its commitment to ensure that, in the review of the Inter-Occupational Collective Agreement, the principle of equal remuneration for work of equal value is formally mentioned. The Committee asks the Government to provide information on the advancement of the revision of the Inter-Occupational Collective Agreement of 1997. The Committee also reiterates its request to the Government to provide information on the application of section 72.2 of the Labour Code in practice, particularly through the provision of extracts of collective agreements that contain clauses relating to the means of implementing the principle of equal remuneration for work of equal value

Article 2(2)(b). Determination of minimum wages. In its previous comments, the Committee had considered that the three criteria adopted for the determination of minimum wages are not in themselves sufficient to ensure that the process is free from gender bias. The Committee takes note of the Government’s clarification that negotiations on minimum wages take place in the Permanent Independent Concertation Commission (CCT), which is a bipartite body, and that its conclusions are afterwards transmitted to the Labour Advisory Commission, a tripartite body, to be endorsed by regulatory action. The Committee recalls that minimum wages are an important means by which the Convention is applied. As women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, and thus has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. It also stresses that it is important for governments, in cooperation with employers’ and workers’ organizations, to examine the functioning of the mechanisms for the setting of minimum wages in the light of the need to promote and ensure that the rates fixed are free from gender bias, and in particular that certain skills considered as inherently possessed by women (such as manual dexterity or care delivery) are not undervalued in comparison with skills considered as inherently possessed by men (such as physical strength) (see 2012 General survey on fundamental Conventions, paras 683 and 685). The Committee is therefore bound to reiterate its request to the Government to indicate the measures taken or envisaged to ensure that those who set minimum wages have a solid grasp of the principle of equal remuneration for men and women for work of equal value as set out by the Convention, and that, in sectors that employ a high proportion of women, wages are effectively determined on the basis of objective criteria free from any gender bias, specifying the assessment method for jobs and the criteria used.

Article 3. Objective job evaluation. The Committee notes that, in response to its previous comments, the Government expresses its commitment to inform the Committee if steps are taken to carry out a job evaluation study in the framework of the review of the Inter-Occupational Collective Agreement of 1997. The Committee refers to its request to the Government in relation to Article 2 and Article 4 of the Convention on the future review of the Inter-Occupational Collective Agreement of 1997. The Committee asks the Government to inform additionally on: (i) steps taken to raise awareness about the principle of equal remuneration for work of equal value among social partners, in particular as regards the use of objective job evaluation and classification criteria; and (ii) measures taken to promote the integration of objective job evaluation criteria in collective agreements.

Enforcement. Labour inspection. The Committee notes that, in reply to its previous request for information on the activities of the labour inspection, the Government indicates that the labour inspection promotes respect for the principle of equal remuneration for work of equal value when undertaking its work, and that it can also be relied upon by workers who feel they have been discriminated against. The Committee notes that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the absence of information on the number of labour inspections, the nature of the violations recorded and the penalties imposed (see CEDAW/C/CIV/CO/4, 30 July 2019, para 41). In this regard, the Committee recalls that the supervision of relevant provisions on non-discrimination, equality and equal remuneration often rests in the first instance with the labour inspection services and therefore highlights the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances (see 2012 General survey on fundamental Conventions, para 872 and 875. In light of the above, the Committee invites again the Government to provide statistical information of the number of cases of violation of equal remuneration detected by labour inspectors. It also asks the Government to provide information on any measures or steps taken to ensure that the labour inspection can identify and treat such cases effectively, including through training.

The Committee notes the Government’s first report.

The Committee notes the comments of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), received in 2019.

Article 6(2)(a) of the Convention. National labour policy. The Committee notes the development of the National Employment Policy, 2016–2020, following the assessment of the National Employment Policy, 2012–2015 carried out with technical support from the Office. According to the Government’s report, the National Policy is in its operational phase. The Committee requests the Government to provide information on the measures taken by the labour administration system to monitor and assess the National Employment Policy 2016 – 2020, and on any new national employment policy subsequently adopted.

Article 8. Contribution to the preparation of national policy concerning international labour affairs and representation of the State in that respect. Regarding the application of this article, the Committee refers the Government to it comments made in 2019 concerning the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), with respect to the tripartite advisory committee on international labour standards, the tripartite consultations undertaken on issues relating to international labour standards covered by the Convention, and the meetings organized by the Ministry of Labour on these matters.

Article 9. Monitoring of relevant local or regional agencies. The Committee notes the Government’s indication that the activities of regional or local agencies are overseen by the General Labour Inspectorate and the General Labour Directorate. The Committee requests the Government to list the regional or local agencies concerned, specifying the activities in the field of labour administration that have been delegated to them, and to identify ways to verify that these agencies are operating in accordance with national law and are adhering to the objectives assigned to them, in conformity with Article 9.

Article 10. Staff of the labour administration system and the material means necessary for the effective performance of their duties. The Committee notes the information concerning recruitment by open competition and training of public servants in the labour administration system, as well as details of their status and duties. The Government also indicates that the staff of the labour administration system have the material means for the performance of their duties, and that every labour administration service has an operational budget. The Committee nevertheless notes the comments of the CGECI, which point to the weakness of the resources available to this administration. The Committee requests the Government to communicate its comments in this respect. The Committee also requests the Government to provide more information on the measures taken to ensure that the staff of the labour administration system have the material and financial resources necessary for the effective performance of their duties.

Articles 1 and 2 of the Convention. Collection, compilation and dissemination of labour statistics. Consideration of the latest standards and guidelines. The Committee welcomes the Government’s first report, which provides information on the production and dissemination of labour statistics on the topics covered under the Convention. It notes the Government’s indication that ILO standards and guidelines are followed and implemented in the course of the collection, compilation and publication of statistics on the economically active population. In addition, the Committee notes that the Government has accepted the obligations of Part II of the Convention (Articles 7–11, 14 and 15). Accordingly, the Committee requests that the Government provide additional updated information on the standards and guidelines being followed with respect to each Article of the Convention for which obligations were accepted.

Article 3. Consultation. The Committee notes that, in designing or revising the concepts, definitions, methodology and collection, compilation and publication of statistics, workshops are organized to consult with the social partners. It further notes that consultations also take place during the sessions of the Commission Consultative du Travail and the Commission Indépendante Permanente de Concertation. The Committee requests the Government to continue to provide information regarding consultations with the representative organizations of employers and workers with respect to the application of the Convention.

Articles 7 through 11. Statistics on the economically active population, employment, unemployment and underemployment. Structure and distribution of the economically active population. Average earnings and hours of work. Wage structure and distribution. Labour cost. The Committee recalls that the ILO Department of Statistics (STAT) sends out an annual questionnaire to national statistical offices, labour ministries and other relevant agencies, to compile data on a range of labour-related topics. It notes that Côte d’Ivoire has not provided responses to these questionnaires since 2011. The Committee also notes the Government’s indication that, due to funding and resource constraints, the National Statistical Institute (Institut national de la statistique) is not currently able to commit to carrying out a regular household survey. The Government indicates that for this reason the Labour Force Survey (LFS) (Enquête nationale sur la situation de l’emploi) was carried out in 2012, 2013 and 2016, but no more recent LFS have been conducted. The Government adds that, instead, a different type of LFS (Enquête intégrée sur l’emploi et le secteur informel) was conducted in 2017. The Committee requests the Government to reply to the annual questionnaire of labour statistics to the best of its ability, providing statistics for all topics for which statistics have been produced.

Articles 14 and 15. Statistics on occupational injuries. Statistics on industrial disputes. The Committee invites the Government to provide updated information on any new developments regarding the production and dissemination of statistics on occupational injuries and diseases, and to communicate relevant statistics to the ILO as well as information regarding the sources, concepts, definitions and methodology used in their collection and compilation. It also invites the Government to provide updated information regarding the production and dissemination of statistics on industrial disputes and to communicate the relevant statistics compiled.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Convention No. 155 (occupational safety and health), Convention No. 161 (occupational health services), and Convention No. 187 (promotional framework for OSH) together. The Committee notes the Government’s first reports on the application of these Conventions.

OSH and its promotional framework (Conventions Nos. 155 and 187)

I. Action at the national level

Articles 1 and 2 of Convention No. 155. Scope. The Committee notes that the Government’s report does not explicitly identify the branch of economic activity excluded, as permitted by Articles 1 and 2 of the Convention. However, the Government refers, under Article 1 of Convention, to various provisions of the national law, including the Labour Code, of which section 2 excludes its application to permanent employment in a public administration and to workers holding special status employed by the State or public authorities. Consequently, the Committee requests the Government to indicate whether the workers excluded under section 2 of the Labour Code are thus excluded from the protection afforded by Convention No. 155. If so, it requests the Government to provide information regarding the consultations held with the social partners in that connection, as well as the measures taken to ensure adequate protection for these workers.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee welcomes ratification by Côte d’Ivoire, in November 2019, of the Chemicals Convention, 1990 (No. 170) and of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

National policy

Articles 4 and 7 of Convention No. 155, and Articles 3 and 4(3)(a) of Convention No. 187. National OSH policy. National tripartite advisory body. The Committee notes the Government’s indication that a technical tripartite group has been established to draw up a national OSH policy. The Government also indicates that once the national policy has been formulated, it will be re-examined by that group after five years, and that elaboration of a national OSH profile is foreseen, to facilitate examination of the OSH situation at appropriate intervals, as provided in in Article 7 of Convention No. 155. Moreover, the Committee notes that the Government refers to Decree No. 98-40 of 28 January 1998 on the technical advisory committee for OSH questions which, according to sections 1 and 2 of the Decree is tripartite in composition and is mandated to “advise, and to formulate proposals and resolutions on all issues related to occupational safety and health”. The Committee requests the Government to provide information on progress made towards the definition and implementation, in consultation with the social partners, of a coherent national OSH policy and towards the elaboration of a national OSH profile. It also requests the Government to provide information on all other measures taken to examine the OSH situation at appropriate intervals. Furthermore, the Committee requests the Government to provide additional information on the activities of the tripartite advisory committee on OSH, including the frequency of its meetings in practice, and the OSH issues discussed at the meetings.

National system

Article 8 of Convention No. 155, and Article 4(1) and (2)(a) of Convention No. 187. Legal and regulatory framework in respect of OSH and periodic review of the national system. The Committee takes note that, according to the Government, the national OSH system includes periodic reviews which involve consultation with the social partners. The Committee also notes that the current legal OSH framework consists of the Labour Code and a number of decrees and decisions. The Government indicates further that the implementing decrees for the Labour Code are in the process of adoption. The Committee requests the Government to supply more information on the periodic review mechanism of the national system, and in particular on OSH laws and regulations. It also requests information on relevant consultations held with the social partners.

Article 11(b) of Convention No. 155. Functions that the competent authorities must progressively carry out. Work processes and exposure to substances and agents. The Committee notes, according to section 41.8 of the Labour Code, that decrees can, inter alia, restrict, regulate or prohibit the manufacture, sale, transfer for whatever reason and use of machines, substances and preparations dangerous to workers. The Committee requests the Government to list all decrees adopted on the basis of section 41.8 of the Labour Code that restrict, regulate or prohibit the manufacture, sale, transfer for whatever reason and use of machines, substances and preparations dangerous to workers, and to provide a copy of any decrees adopted in this respect.

Article 11(c) and (e) of Convention No. 155, and Article 4(3)(f) of Convention no. 187. Collection and analysis of data on occupational injuries and diseases. Production of annual statistics and annual publication of measures taken in pursuance of the OSH policy. The Committee notes the recent ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981. The Committee also notes Decree No. 2013-555 of 5 August 2013 on the creation, attributions, organization and functioning of the Côte d’Ivoire National Observatory of occupational accidents and diseases which, in its section 2, lists the functions of the Observatory. It notes from the Decree that the Observatory is responsible for collecting, synthesising, processing, validating and diffusing existing OSH information. The Committee requests the Government to provide information on how the Observatory discharges in practice all the functions listed in section 2 of Decree No. 2013-555 of 5 August 2013, and to indicate whether the Observatory’s functions include the annual establishment and publication of statistics on occupational accidents and diseases at national level.

Article 11(f) of Convention No. 155. Systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee notes that Decree No. 2013-554 of 5 August 2013 on establishing the list of occupational diseases subject to compensation provides, in its section 4, that the list may be updated once annually. It also notes, under section 2 of Decree No. 2013-555 of 5 August 2013, that the Observatory is responsible for placing information concerning work-related pathologies at the disposal of the structure responsible for revising the list of occupational diseases. The Committee requests the Government to provide more information on the measures taken to develop systems to investigate chemical, physical or biological agents with regard to the danger they entail for workers’ health.

Article 12 of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer for whatever reason machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that a permanent committee has been created to monitor electrical installations, dangerous machinery and its protective equipment, in accordance with decision No. 1716/MFPE/CAB of 20 February 2008 on the monitoring of electrical installations, of dangerous machinery and its protective equipment at the workplace. It also takes note of the effect given, with regard to machinery, to Article 12(a) of the Convention, by prohibiting the sale, rental, transfer for whatever reason, or the display of certain machinery, as provided in article 4 D 69 of Decree No. 67-321 of 21 July 1967, codifying the implementing regulations of Title VI “Health and safety – medical service” of Act No. 64-290 of 1 August 1964 concerning the Labour Code. The Committee requests the Government to provide information on the measures taken to give effect to Article 12(b) and (c) of Convention No. 155. It also requests the Government to indicate measures taken to give effect to Article 12 (a) in respect of equipment and substances for occupational use.

Article 15(1) of Convention No. 155, and Article 4(3)(g) of Convention No. 187. Necessary coordination between various authorities and bodies. Collaboration with insurance or social security schemes. The Committee notes that, according to the Government, the labour administration services, in particular the Department of Occupational Safety and Health, collaborate with the employers’ and workers’ organizations and with the National Social Welfare Fund. According to the Government, the National Social Welfare Fund also has a Department of Prevention and Promotion of Occupational Safety and Health, which monitors OSH in enterprises. In that connection, section 127 of the Social Welfare Code establishes that the National Social Welfare Fund must verify, by means of the labour and social legislation inspectorate, whether employers respect the health and preventive measures provided by the regulations. The Committee requests the Government to provide information on the mechanisms allowing collaboration between the Department of Occupational Safety and Health and the Department of Prevention and Promotion of Occupational Safety and Health within the National Social Welfare Fund. It requests the Government in particular to indicate how the National Social Welfare Fund collaborates with the authorities responsible for labour inspection and OSH when monitoring OSH in enterprises. It also requests the Government to supply further information on the consultations held with employers’ and workers’ organizations in respect of OSH.

Article 4(3)(b) of Convention No. 187. Information and advisory services on occupational safety and health. The Committee requests the Government to indicate whether measures have been taken to establish information and advisory services on OSH, in accordance with Article 4(3)(b) of Convention No. 187.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that one of the outcomes of the Côte d’Ivoire Decent Work Country Programme (DWCP) 2017–2020 was to strengthen workplace conformity with OSH standards in micro-enterprises, small and medium-sized enterprises, in the informal economy and in the rural sector (outcome 3.7). The Committee requests the Government to indicate the measures taken or envisaged, including as part of the DWCP, to establish support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises, and in the informal economy, in conformity with Article 4(3)(h) of Convention No. 187.

National programme

Article 5 of Convention No. 187. National programme on OSH. The Committee notes the Government’s indication that a national programme is being drawn up and that a tripartite technical group has been established for that purpose. The Committee requests the Government to take the steps required to draw up and implement the national OSH programme and to ascertain that the programme, once completed, is in conformity with the requirements of Article 5(2) of Convention No. 187. It also requests the Government to take measures to ensure that the programme will be widely publicized, endorsed and launched by the highest national authorities, as provided in Article 5(3). The Committee requests the Government to provide information on progress made in that connection.

II. Action at the level of the enterprise

Article 16 of Convention No. 155. Employers’ responsibilities. The Committee notes the Government’s indication that employers are under a general obligation, provided by section 41.2 of the Labour Code, to take all useful measures adapted to the operation of the enterprise to protect the lives and health of workers. However, it observes the absence of information on the existence of a general obligation for employers (i) to ensure, so far as is reasonably practicable, that the chemical, physical and biological substances and agents under their control are without risk to health when appropriate measures of protection are taken, in conformity with Article 16(2) of the Convention; and (ii) provide, where necessary, adequate protective clothing and protective equipment to prevent, so far as is reasonably practicable, risk of accidents or of adverse effects on health, in conformity with Article 16(3). The Committee requests the Government to indicate the measures taken to ensure that employers respect the obligations set out in Article 16(2) and (3) of Convention No. 155.

Article 17 of Convention No. 155. Collaboration between two or several enterprises at the same workplace. The Committee requests the Government to indicate the measures taken to ensure, each time that several enterprises undertake activities at one workplace, that they collaborate in applying the provisions of the Convention, in conformity with Article 17.

Article 19(e) of Convention No. 155. Involvement of technical advisers by mutual agreement. The Committee notes that in enterprises of more than 50 workers, an occupational safety and health committee, composed of representatives of the employers and workers, must be constituted (section 1 of Decree No. 96-206 of 7 March 1996 on the occupational safety and health committee). Moreover, section 10 of Decree No. 96-206 of 7 March 1996 provides that the prevention technician from the National Social Welfare Fund, as well as any other qualified person, may attend the meetings of those committees in an advisory capacity. The Committee requests the Government to indicate all measures taken or envisaged to ensure that in enterprises without an OSH committee, technical advisors may, by mutual agreement, be brought in from outside the enterprise, so that the workers or their representatives and, as the case may be, their representative organizations in the enterprise are enabled to enquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work.

Article 21 of Convention No. 155. Expenditure on occupational safety and health measures. The Committee notes that section 16 of Decree No. 96-206 of 7 March 1996 provides that the cost of establishing OSH committees is to be borne by the employer. It also notes that section 4 D 536 of Decree No. 67-321 of 21 July 1967 stipulates that the employer must bear the cost of periodic medical examinations for all workers in the enterprise. The Committee recalls that Article 21 of the Convention provides that occupational safety and health measures shall not involve any expenditure for the workers, and requests the Government to provide more information on the measures taken to give effect to this Article of the Convention with regard, for example, to individual and collective protective equipment.

The Occupational Health Services Convention, 1985 (No. 161)

Article 2 of the Convention. Coherent national policy on occupational health services. The Committee notes that the Government refers in its report to the tripartite technical group established to formulate the OSH policy. The Committee requests the Government to indicate the measures taken to ensure that the OSH policy also includes the elements of a coherent national policy on occupational health services.

Article 5(a), (d), (e), and (i). Functions of occupational health services. The Committee notes that section 4 D 540 of Decree No. 67-321 of 21 July 1967 provides that the physician of the enterprise may advise the director of the establishment on a list of OSH subjects. Section 4 D 539 of the same Decree provides that the enterprise physician’s responsibilities include ensuring that workers receive training in hygiene, prevention of occupational accidents and occupational diseases. The Committee also notes that, in enterprises with over 50 workers the enterprise physician must be on the OSH committee, the functions of which include the requirements of Article 5(a), (d), (e) and (i) of the Convention (sections 2, 3 and 4 of Decree No. 96-206 of 7 March 1996 on the occupational safety and health committee). The Committee requests the Government to indicate whether, in practice, the occupational health services fulfil functions that are adequate and appropriate to the occupational risks of the enterprise, as set out in Article 5(a) (identification and assessment of the risks), (d) (development of programmes and testing and evaluation of new equipment), (e) (advice on OSH, ergonomics and protective equipment), and (i) (providing information, training and education), including in enterprises without OSH committees.

Article 5(h). Functions of the occupational health service. Contribution to measures of vocational rehabilitation. The Committee notes that under section 5 D 536 of Decree No. 67-321 of 21 July 1967, the enterprise physicians are to conduct the medical examination prior to workers resuming work following a suspension of contract due to ill health. The Committee requests the Government to indicate whether other measures have been taken or are envisaged so that the functions of the occupational health services include their contribution to measures of vocational rehabilitation, in conformity with Article 5(h).

Article 5(k). Participation in analysis of occupational accidents and occupational diseases. The Committee requests the Government to indicate whether the functions of the occupational health services include their participation in analysis of occupational accidents and diseases, in conformity with Article 5(k).

Article 9. Composition of the occupational health services personnel and cooperation with the other services in the enterprise. The Committee notes that under sections 4 D 435, 4 D 541 and 4 D 547 of Decree No. 67-321 of 21 July 1967, the health services include physicians and nurses, whose assignments are different. The Government also indicates that there is collaboration, cooperation and coordination between the occupational health services and the health services, through the attending physicians. The Committee requests the Government to provide further information on the measures taken to ensure that occupational health services are multidisciplinary, in conformity with Article 9(1); and on the ways occupational health services and other bodies concerned with the provision of health services cooperate and coordinate together in practice, in conformity with Article 9(3).

Article 14. Information to provide to the occupational health services on factors which may affect the workers’ health. The Committee notes the measures indicated by the Government for keeping the occupational health services informed, including through the minutes of meetings and inspection reports issued by the OSH committees, by inspection reports drawn up by national monitoring structures, and by reports of visits by the occupational physician and the enterprise physician. It notes in that connection that section 4 D 535 of Decree No. 67-321 of 21 July 1967 prescribes daily visits by the enterprise physician only to see workers in ill health, and that section 4 D 536 of the same Decree only provides for periodic examinations for workers once a year. The Committee requests the Government to clarify whether enterprise physicians visit enterprises for reasons other than those cited above and to specify the frequency of those visits in practice.

Article 15. Information on occurrences of ill health amongst workers, and absence from work for health reasons. The Committee notes, according to the Government, that the medical staff is bound to professional secrecy by the Code of Medical Ethics. It notes however that under section 10 of Decree No. 96-198 of 7 March 1996 on conditions of suspension of the worker’s contract due to ill health, the worker must provide justification of his or her health condition throughout the entire period of suspension, and the employer may, during that period, order a second medical opinion regarding the worker’s state of health. That provision could potentially make difficult the application of Article 15, if members of the occupational health service personnel were required by the employer to verify the reasons for absence from work. The Committee therefore requests the Government to take the necessary measures to ensure that members of the personnel providing occupational health services are not required by the employers to examine the reasons for absence from work. The Committee also requests the Government to provide more information on how the occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons, in conformity with Article 15 of the Convention.

The Committee notes the Government’s first report and the national measures giving effect to the Convention, particularly the Labour Code and its implementing decree No. 96-204 of 7 March 1996 regarding night work.

Article 7 of the Convention. Maternity protection. The Committee notes that sections 23.6 to 23.8 of the Labour Code propose the following alternatives for women workers within the general framework of maternity protection: possible suspension of the employment contract for a given period around childbirth, with pay to be provided by the social security institution (sections 23.6 and 23.11), temporary transfer to another job or position without a reduction in pay (section 23.7) and, if a temporary transfer is not possible, suspension of the employment contract with pay provided by the employer until the start of the legal maternity leave (section 23.8). It notes that the Government indicates that these provisions give effect to Article 7 of the Convention. On the other hand, the Committee notes that section 22.2 of the Labour Code prohibits night work for pregnant women, subject to other medical advice. This section also provides that derogations may be granted, under conditions set out by decree, in view of the specific nature of the occupational activity. In this regard, the Committee recalls that Article 7 does not prohibit night work during pregnancy and immediately after confinement, but recognizes the need for special maternity protection for women night workers due to the nature of night work (2018 General Survey on working-time instruments, paragraph 467). Given that sections 23.6 to 23.8 of the Labour Code appear to offer alternatives to women night work within the general framework of maternity protection, thereby giving effect to Article 7, the Committee considers that the prohibition of night work for pregnant women in section 22.2 of the same Code may be called into question. It invites the Government to examine this question in light of the principle of equality of opportunity and treatment in respect of employment and occupation, in consultation with the social partners, and requests it to provide information in this regard, as well as on the application in practice of sections 22.2 and 23.6 to 23.8 of the Labour Code.

In addition, the Committee notes that section 23.4 of the Labour Code provides protection against dismissal during pregnancy and for a given period after childbirth. However, it also notes that under the last paragraph of section 23.7, in the event of disagreement between the parties on a possible temporary transfer, the employment contract may be terminated. The Committee notes that although the employer is considered responsible for the termination in this case, the fact remains that the worker loses her job. It recalls that Article 7(3)(a) is based on the principle that women should not lose their jobs or income as a result of benefiting from the protection afforded by the Convention (2018 General Survey, paragraph 471). The Committee therefore requests the Government to review the last paragraph of section 23.7 in the light of this principle.

Comments adopted by the CEACR: Côte d'Ivoire

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C170 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C150 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C160 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C161 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

OSH and its promotional framework (Conventions Nos. 155 and 187)

I. Action at the national level

National policy

National system

National programme

II. Action at the level of the enterprise

The Occupational Health Services Convention, 1985 (No. 161)

C171 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Côte d'Ivoire

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Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C170 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C150 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C160 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C161 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

OSH and its promotional framework (Conventions Nos. 155 and 187)

I. Action at the national level

National policy

National system

National programme

II. Action at the level of the enterprise

The Occupational Health Services Convention, 1985 (No. 161)

C171 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)