Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. Sex. Further to its request for information on any texts issued under section 23(1) of the Labour Code, the Committee notes that the Government refers to Decree No. 2021-919 of 22 December 2021 on the protection of pregnant women at work. The Government also indicates that night work for women is regulated. Please provide information on the regulations in this regard.

Sexual harassment. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken to combat harassment, including sexual harassment, and on the legal assistance and complaint mechanisms available to victims. It also notes the Government’s indication that initiatives are being taken in collaboration with the social partners with a view to the forthcoming ratification of the Violence and Harassment Convention, 2019 (No. 190), and its implementation in national legislation.

Persons with disabilities. The Committee takes note of the information provided by the Government in response to its previous comments on the measures taken to implement the decrees relating to the employment of persons with disabilities.

Actual or perceived HIV status. Further to its previous comments, the Committee takes note of the information provided by the Government on the protection afforded by sections 18 and 30 of Act No. 2014-430 of 14 July 2014 on prevention, protection and enforcement measures to combat HIV and AIDS.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Article 2. Wage-setting systems. Further to its previous comments, the Committee notes the information provided by the Government on the criteria used to set the minimum wage and on the increase in the guaranteed interoccupational minimum wage (SMIG) in 2023. Given the size of the informal economy, particularly for women’s work, the Committee requests the Government to indicate how the SMIG applies in this sector.

Collective agreements. Further to its previous comments, the Committee notes the information provided by the Government on the process of revising the Interoccupational Collective Agreement, in consultation with the social partners.

Enforcement. Further to its previous comments, the Committee notes the Government’s commitment to raising awareness among employers and strengthening the capacity of labour inspectors on equal remuneration.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Articles 1(1)(a), (2) and (3)(b) of the Convention. Prohibited grounds for discrimination. Legislation. Further to its previous comments, the Committee notes with satisfaction that section 17 of the newly adopted General Public Service Regulations (Act No. 2023-892 of 23 November 2023) prohibits any form of discrimination in access to the public service, career management and retirement, based on the grounds listed in Article 1(1)(a) of the Convention. It also notes that, in its report, the Government has taken note of its previous comments on the possibility of expressly adding the ground of colour to section 4 of the Labour Code, as well as a definition of direct and indirect discrimination, and that it has committed to examining these issues with the social partners. The Committee requests the Government to provide information on the measures taken in this regard.

Articles 1 to 3. National policy on equality of opportunity and treatment. Occupational segregation on the basis of sex. Further to its previous comments on the need to combat gender stereotypes and occupational segregation, the Committee notes the statistics provided by the Government that show a low participation of women in the labour market (23.5 per cent compared to 76.5 per cent for men) and their over-representation in lower-skilled categories. In this regard, the Government refers to the structural and cultural causes of these inequalities, particularly women’s limited access to technical and vocational training and the disproportionate burden of domestic and family work on them. In its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+30 national report), the Government refers to the policies and measures adopted to combat gender inequalities, including: (1) those aimed at strengthening equal access to education and vocational training, such as the reform of Women’s Education and Training Institutions (IFEF) in September 2023, with training extended to innovative occupations; (2) financial support initiatives for women’s entrepreneurship; and (3) the establishment of a Women and Media observatory in 2020 to increase the visibility of women in the media and media content. The Committee requests the Government to continue its efforts to promote equality of opportunity and treatment for men and women in employment and occupation (access to diverse training, combating gender stereotypes, etc.). It requests the Government to provide information on the measures taken in this regard and on the national strategy for gender equality and equity mentioned in its report.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender wage gap. Further to its previous comments, the Committee notes the Government’s indication, that studies conducted by the technical services of the Ministry of Employment and Social Protection show that the gender wage gap is narrowing and will have fallen from 29 per cent in 2020 to 24 per cent in 2024. While welcoming this positive development, the Committee notes that the wage gap remains quite large and that it is therefore necessary for the Government to continue and strengthen its efforts to reduce gender inequalities. The Committee notes with interest the Government’s commitment to incorporating a wage transparency clause into public employment policies and incentives for enterprises. It also notes that the Government acknowledges the lack of institutional mechanisms for monitoring wage gaps in enterprises, particularly in the absence of gender-based wage audits. It requests the Government to provide information on the measures taken to remedy this shortcoming.

Articles 1 to 3. Application of the principle of equal remuneration. Further to its previous comments, the Committee notes that, the Government acknowledges the need to update the methods and criteria used to evaluate jobs in order to determine objective classifications based on the nature of the work, and that it refers in this regard to an ongoing project with ILO support. The Committee hopes that, with the technical support of the ILO, an objective job-evaluation method can be adopted and used in determining wages and thus contribute to the implementation of the principle of equal remuneration for work of equal value in practice. The Committee requests the Government to provide information on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 4 of the Convention. Evaluation of pay gap and its causes. The Committee notes the Government’s indication that a reform of the system for the production and analysis of employment statistics has been initiated, which should make it possible to identify remuneration inequalities in the formal and informal economy, and to determine their nature, scope and causes. The Committee hopes that the above-mentioned reform will be completed in the near future, and that the Government will soon be able to provide statistical information that would allow for the application of the Convention to be evaluated. The Committee reiterates its previous request and requests the Government to provide:

• (i)data on the numbers of men and women, disaggregated by sector and occupation in the private and public sectors, their corresponding levels of remuneration, and on the extent of pay differentials in the formal and informal economy; and
• (ii)any available information on the causes of remuneration inequalities in the formal and informal economy.

Article 2(2)(b). Minimum wage. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee requests the Government to provide information on:

• (i)the method and the evaluation criteria used to set the minimum wage;
• (ii)the number of workers, disaggregated by sex and also if possible sector, covered by the minimum wage; and
• (iii)any new minimum wage adopted and its impact on reducing the gender wage gap.

Articles 2(2)(c) and (4). Collective agreements and cooperation with the social partners. Concerning the Government’s commitment to incorporating the principle of equal remuneration between men and women for work of equal value in the Inter-Occupational Collective Agreement during its revision, the Committee notes the Government’s indication that: (1) remuneration in the private sector is based on professional category rather than gender; (2) section 31.3 of the Labour Code clearly indicates that remuneration is based on employment; and (3) during the revision of the Inter-Occupational Collective Agreement, the social partners will assess the need to reaffirm this provision of the Code. The Committee observes, however, that section 44 of the Inter-Occupational Collective Agreement of 19 July 1977 limits the payment of equal wages to “equal conditions of work, professional qualification and performance”, and that it does not reflect the principle of equal remuneration between men and women for work of equal value as provided for by the Convention and national legislation. The Committee therefore requests the Government to take the necessary steps, in collaboration with the social partners, to ensure that the principle of the Convention is incorporated into the future Inter-Occupational Collective Agreement.

Article 3. Objective job evaluation and determination of job classification. The Committee notes that the Government does not reply to its request for information on objective job evaluation. However, it observes that section 31.3 of the Labour Code establishes that ”job evaluation methods should be informed by objective considerations based primarily on the nature of the work involved in those jobs”. The Committee therefore reiterates its request for information on the methods and criteria used to evaluate jobs and establish professional classifications. It also requests the Government to provide information on the training activities undertaken with the social partners on the matter.

Supervision of application. Courts. Labour inspection. The Committee recalls that the Labour Code (section 31.2) reflects the principle of the Convention. It notes that, in response to its previous request, the Government indicates that the matter of shifting the burden of proof to favour workers who allege discrimination, once they have provided prima facie or plausible evidence of the offence, will be discussed with the social partners at future sessions of the Tripartite Advisory Committee on International Labour Standards (CCTNIT). The Committee furthermore notes the Government’s indication that the variables taken into account by the statistical data do not, to date, make it possible to determine whether there are any infringements of the principle of the Convention, but that the future operationalization of the new statistical data collection forms will allow for the collection of this data. Regarding the capacity of labour inspectors to identify and remedy infringements, the Committee notes the Government’s indication that labour inspectors receive comprehensive initial training, followed by continuous training, in order to be able to carry out the tasks assigned to them under section 91.1 onwards of the Labour Code. The Committee requests the Government to provide information on:

• (i)any development concerning the burden of proof, and to send copies of any amended legislative text once it has been adopted;
• (ii)the measures taken to collect and analyse data on remuneration inequalities (number of infringements, penalties imposed and compensation granted) ; and
• (iii)any training activities specifically organized to enable labour inspectors to identify and remedy remuneration inequalities.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

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

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

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

The Committee notes the adoption, on 20 July 2015, of Act No. 2015-532 issuing the Labour Code.

Article 1(b) of the Convention. Equal remuneration for men and women workers. The Committee notes that the new Labour Code has supplemented the text of the former section 31.2, which simply indicated that “all employers are bound to ensure equality of remuneration between workers, regardless of their sex, for the same work or work of equal value …”. Specifically, new section 31.2 of the 2015, Labour Code adds a paragraph worded as follows: “Work shall be considered to be of equal value when it requires from workers a comparable body of professional knowledge as demonstrated by a qualification, diploma, vocational experience, skills resulting from acquired experience, responsibilities, and physical or mental effort”. The latter, therefore, provides criteria for assessing the equal value of work. As most of the information required for legal proceedings initiated on grounds of unequal or discriminatory treatment is in the hands of the employer, particularly with regard to remuneration, the Committee requests the Government to indicate whether it plans to examine with the social partners the possibility of modifying the burden of proof to favour workers who consider that they have suffered discrimination, once the plaintiff has provided prima facie or plausible evidence of an offence.

Articles 2 and 4. Collective agreements and collaboration with the social partners. With regard to clause 44 of the Inter-Occupational Collective Agreement of 19 July 1977, the Committee has commented on many occasions that it does not fully reflect the principle of equal remuneration for men and women for work of equal value (“all workers, regardless of their origin, age, sex and status, shall receive equal pay for work under equal conditions, occupational skills and output ...”). In this regard, the Government recalls that it had already indicated in its previous reports that it would not commence on this ambitious project until it had adopted the new Labour Code, which it did on 20 July 2015. The Committee notes that section 72.2(7) of the 1995 Labour Code, which specified clauses that must feature in collective agreements (in this case, “the procedures for applying the principle of equal remuneration for women and young persons for work of equal value”) has been amended; the new section 72.2 simply stipulates that “the collective agreement may contain clauses more favourable to workers than the laws and regulations in force. It may not contravene the public order provisions set out in these laws and regulations.” The Committee requests the Government to indicate whether the process of revising the Inter-Occupational Collective Agreement has been initiated and invites it to take the necessary measures, in collaboration with the social partners, to ensure that the new collective agreement fully reflects the principle set out in the Convention. It reiterates its desire to obtain information on the application of section 72.2 of the Labour Code in practice, particularly through the provision of extracts of collective agreements which 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. The Committee notes that, according to the Government, the criteria taken into consideration for the determination and revision of minimum wages in the private sector by the Labour Advisory Commission and the joint committees are: the cost of living; sector of activity; and occupational category; and not the gender of workers. However, the Committee recalls that women are generally predominant in low-wage employment and that there is a tendency to set lower wages for sectors in which women are in a majority. In order to combat this occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and that certain skills considered to be “female” (manual dexterity) are not undervalued in comparison with the work carried out in male-dominated professions (physical strength) (see 2012 General Survey on the fundamental Conventions, 2012, paragraph 683). Considering that the three criteria adopted by the authorities of Côte d’Ivoire for the determination of minimum wages are not in themselves sufficient to ensure that the process is free from gender bias, the Committee requests 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 they critically review the application in practice of the criteria for determining minimum wages in sectors that employ a high proportion of women.

Article 3. Objective job evaluation. In its previous comments, the Committee welcomed the agreement between the Government and employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977, concerning occupational classification, which had been reached based on the recommendations of the 2007 social pre-forum. It also noted that the social pre-forum had advocated carrying out a job evaluation study. The Government’s report provides no information in this respect, but the Committee notes that the authorities are preparing to launch the process of revising the Inter-Occupational Collective Agreement of 1977, now that the adoption of the new Labour Code has been completed. The Committee, therefore, once again requests the Government to take the necessary measures to encourage the social partners to use objective criteria for evaluating and classifying jobs that are free from gender bias, and asks it to provide information on the methods applied and the criteria used. Furthermore, the Committee is bound to reiterate the hope that the Government will soon be in a position to conduct the job evaluation study, by gathering and compiling data on remuneration, disaggregated by sex and by job category, within the same economic sector and in different sectors. It also requests the Government to provide information on the measures taken in this respect.

Application in practice. Labour inspection. The Committee invites the Government to provide information on the activities of the labour inspectorate that are specifically related to equal remuneration for men and women, with regard to both preventing unequal remuneration and punishing violations in this area, and to provide statistics on violations of equal remuneration detected by labour inspectors.

Evaluation of pay gaps. In its previous comments, the Committee noted the sectoral wage scale applicable to both men and women without distinction. The Committee observed, however, that these data were not sufficient in themselves to identify any possible pay gaps between men and women and to assess the application of the Convention. As the Government’s report contains no information on this matter, the Committee once again requests it to provide the information available on the breakdown of men and women by sector and by occupation, in the public and private sectors, and on their respective remuneration levels, and to indicate the measures taken or envisaged to determine the nature, scope and causes of the unequal remuneration identified.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the adoption, on 20 July 2015, of Act No. 2015-532 issuing the Labour Code.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls that it previously requested the Government to take the opportunity of the revision of the Labour Code to include “colour” in the list of prohibited grounds of discrimination. It notes with regret that the Government has not taken the opportunity of the revision of the Labour Code to include the ground of “colour” in the list of formally prohibited grounds of discrimination. It wishes to recall that the grounds of colour and race should not be considered as identical, as colour differences may exist between people of the same race (2012 General Survey on the fundamental Conventions, paragraph 762). In addition, the Committee notes that, in its concluding observations regarding the first report of Côte d’Ivoire on the application of the International Covenant on Civil and Political Rights, the United Nations Human Rights Committee noted that one of the main areas of concern was persons with albinism (a hereditary genetic irregularity which affects pigmentation and is characterized by a deficit of melanin, the substance that gives colour to skin, hair and eyes), who continue to be subject to discrimination and negative stereotypes, and the inadequate nature of the measures taken to protect them against all forms of discrimination (CCPR/C/CIV/1, 28 April 2015, paragraph 9). Recalling that the seven grounds listed in Article 1(1)(a) of the Convention represent a minimum standard agreed during the adoption of the Convention in 1958, the Committee once again requests the Government to envisage adding the ground of “colour” to the list of prohibited grounds of discrimination during the next legislative revision.

Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest that section 5 of the new Labour Code prohibits sexual and moral harassment. It notes that the Labour Code establishes the distinction between quid pro quo “sexual harassment” and hostile work environment “moral harassment”. The Committee requests the Government to provide information on the practical measures taken to prevent and combat sexual and moral harassment, and particularly the measures that have been developed and implemented in collaboration with the social partners in this regard.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest that the new Labour Code adopted in 2015 adds to the prohibited grounds of discrimination two additional grounds, namely “actual or perceived HIV and AIDS status” and “disability” (section 4). In this regard, the Committee recalls that the HIV and AIDS Recommendation, 2010 (No. 200), offers ample guidance on the manner with which to combat in practice discrimination based on HIV and AIDS in employment and occupation. With regard to disability, the Committee recalls that the country ratified the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and the United Nations Convention on the Rights of Persons with Disabilities (2006) in 2014. The Committee emphasizes that, to promote equality of opportunity and treatment between persons with disabilities and other workers, once this principle has been established it must be accompanied by affirmative measures aimed at combating the structural discrimination faced by persons with disabilities due to the exclusion and stigmatization that they suffer from very early on in their lives. The Committee therefore requests the Government to provide information on the specific measures taken or envisaged (equality plans, affirmative measures, awareness raising and public information, development of educational tools in consultation with the social partners, capacity building for labour inspectors and magistrates, etc.) to ensure that workers who are victims of direct or indirect discrimination based on their real or presumed HIV status, or their disability (including persons with albinism) benefit effectively from the protection afforded by the new Labour Code.

Article 1(3). Restrictions on women’s access to employment and to certain occupations. The Committee notes the Government’s indication in previous reports that no Decree has been issued under section 23(1) of the Labour Code of 1995 on the types of work prohibited for women. However, the Committee notes that because the new Labour Code reproduces section 23(1) of the Labour Code of 1995 exactly, the issue of an implementing decree remains open. The Committee also notes that the Government’s report is silent on the fact that certain provisions of the Civil Code, and particularly section 67, which prohibits a married woman from exercising an occupation distinct from that of her husband, if a court finds that it would be “contrary to the interests of the family”, have a discriminatory effect against women. The Committee therefore requests the Government to take the necessary measures to amend or repeal the provisions that may constitute an obstacle to the exercise of certain occupations by women, and particularly section 67 of the Civil Code, and to provide information on any measures taken in this regard. The Committee also asks the Government to ensure that any limitations on the employment of women are strictly limited to the protection of maternity, and asks the Government to provide information on any texts issued under section 23(1) of the Labour Code.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s indication in its report that analysis has shown that the disadvantageous position of women in the labour market has less to do with the legislative framework than with the attitudes and customs, which have the effect of delaying the access of girls and women to formal education. For this reason, the Government has set the target of universal schooling, with particular emphasis on the education and training of women and girls. According to the statistics referred to in the report, in 2012 women continued to be under-represented in the public service, particularly in the higher category or category A, even though there has been a slight improvement since 2010 (28 per cent compared with 26.88 per cent). Although the report does not provide new statistics on the proportion of women in the formal private (non-agricultural) sector, it confirms that it still remains very low. In general terms, the rate of informal employment in Côte d’Ivoire is 91.2 per cent (men and women combined) and the proportion of salaried employees is 18.1 per cent. However, the Government emphasizes that women are organized and that numerous groups exist, for example the Federation of Women Entrepreneurs, the Ivorian Network of Women Entrepreneurs, the Coalition of Women Leaders of Côte d’Ivoire, the Federation of Women Heads of Enterprise, the Global Women Heads of Enterprise (FCEM)–Côte d’Ivoire, the Federation of Women Entrepreneurs and Businesswomen of West Africa, the Association of Women Inventors and Entrepreneurs of Côte d’Ivoire, etc. The report indicates that the major problem confronting women entrepreneurs is a lack of access to credit to meet their funding requirements and the insufficient amounts of credit granted.

The Committee also notes the detailed information provided by the Government on the progress made in the implementation of the National Policy on Equality of Opportunity, Equity and Gender, 2009. It especially notes the efforts made in: (i) education, particularly for girls (for example, the increased supply of education and robust measures to combat illiteracy among girls); (ii) vocational training (access to all vocational courses without distinction on the basis of sex, gender training for all actors and partners in education, development of non-discriminatory training and education systems, awareness raising in communities about the need to support girls in their choice of occupation, the increase in the number of study grants for girls to facilitate their access to technical and vocational training, placements for women trainees in sectors dominated by men and monitoring of their career development to ensure their integration in these sectors, promotion of further training for women and girls, etc.); and (iii) employment. With regard to employment in particular, the Committee notes that the Emploi-2012 survey highlights that, although unemployment fell in the period between 2010 and 2012, more women than men remain unemployed (11.9 per cent compared with 7.4 per cent) and that, in view of the disappointing results of the National Employment Policy, the Government adopted an employment recovery strategy in 2013 aimed at strengthening existing initiatives through measures to stimulate job creation, particularly for women and young people.

With regard to socio-cultural expectations which result in the fact that, despite the existence of regulatory texts, Ivorian women rarely have access in practice to property, especially in rural areas (less than 10 per cent of total land in the country) or to the main factors of production (land, inputs, water, credit, capital, suitable techniques, etc.), the Committee notes that the Government has initiated action for women primarily in the agricultural sector and the trade subsector (formal and informal) through the implementation of specific programmes (such as the project for the Promotion, Protection and Economic Independence of Women in Rural Areas, 2014), as well as action to increase access to new sources of credit through projects and funds (such as the project for the assistance and social reintegration of women victims of violence in conflict situations in Côte d’Ivoire), which acts to help women’s groups to launch income-generating activities for women displaced by conflict. The Committee notes that the Government has also reinforced the financial strength of the “Women and Development Fund” and its extension to cover the whole of the country; that it has established the “Support Fund for Women in Côte d’Ivoire”, etc., and increased access to traditional microfinance institutions (mutual savings and loan associations and cooperatives). The Committee also notes that the authorities have in parallel emphasized: the elimination of the sexist stereotypes that are prevalent within Ivorian society through initiatives such as the organization of training courses on the rights of women for judicial personnel and court officials, the armed forces, and the municipal and national police; the expansion of the scope of training and education institutions to include community development; the dissemination of national and international instruments on women’s rights; the establishment of gender units in all ministries to institutionalize the issue of equality between men and women; the establishment by the Association of Women Lawyers of Côte d’Ivoire of the project to improve the access of women and vulnerable groups to justice, with the support of UNDP/UNOCI/UNICEF/EU; the translation into national languages of human rights instruments; annual human rights caravans; the development of communication tools in national languages and support tools for illiterate communities, etc. The Committee encourages the Government to continue its efforts with a view to adopting affirmative measures to promote equality of opportunity between men and women regarding access to formal employment, as well as access to land and credit. In this context, it wishes to draw the Government’s attention to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), which can provide pertinent guidance on the subject, and it encourages the Government to continue its awareness-raising activities among the population to combat traditional stereotypes and patriarchal attitudes regarding vocational aspirations, preferences and skills of women and their role and responsibilities in society, and to reinforce the confidence of girls and women in their abilities. Lastly, the Committee invites the Government to evaluate regularly the effectiveness of the measures and policies implemented (particularly by providing statistics disaggregated by sex and establishing a system of indicators of equality between the sexes) with a view to ensuring that they have a real impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation, and to keep it informed of the results of these periodic evaluations and possible amendments in light of the results achieved.

Article 3(a). Collaboration with employers’ and workers’ organizations. In its report, the Government asserts that matters concerning equality in employment and occupation are dealt with in existing tripartite bodies (for example, the Labour Advisory Board and the National Council for Social Dialogue) and bipartite bodies (for example, the Standing Independent Consultation Committee (CIPC)). Following the prohibition of sexual and moral harassment in employment and occupation and any discrimination based on disability or actual or perceived HIV status by the new Labour Code, the Committee requests the Government to indicate whether the social partners are planning to develop guidance tools, such as codes of good practice, codes of conduct or guidelines on any of these matters in order to facilitate the promotion of equality of opportunity and treatment between workers in enterprises.

Enforcement. Noting that the persons responsible for enforcing labour law have benefited from training and awareness-raising sessions on the principle of equality of opportunity, the Committee requests the Government to provide information on any cases of discrimination that labour inspectors have dealt with, either following a complaint or through a planned inspection, and on any judicial decision on the subject.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the adoption, on 20 July 2015, of Act No. 2015-532 issuing the Labour Code.

Article 1(b) of the Convention. Equal remuneration for men and women workers. The Committee notes that the new Labour Code has supplemented the text of the former section 31.2, which simply indicated that “all employers are bound to ensure equality of remuneration between workers, regardless of their sex, for the same work or work of equal value …”. Specifically, new section 31.2 of the 2015, Labour Code adds a paragraph worded as follows: “Work shall be considered to be of equal value when it requires from workers a comparable body of professional knowledge as demonstrated by a qualification, diploma, vocational experience, skills resulting from acquired experience, responsibilities, and physical or mental effort”. The latter, therefore, provides criteria for assessing the equal value of work. As most of the information required for legal proceedings initiated on grounds of unequal or discriminatory treatment is in the hands of the employer, particularly with regard to remuneration, the Committee requests the Government to indicate whether it plans to examine with the social partners the possibility of modifying the burden of proof to favour workers who consider that they have suffered discrimination, once the plaintiff has provided prima facie or plausible evidence of an offence.

Articles 2 and 4. Collective agreements and collaboration with the social partners. With regard to clause 44 of the Inter-Occupational Collective Agreement of 19 July 1977, the Committee has commented on many occasions that it does not fully reflect the principle of equal remuneration for men and women for work of equal value (“all workers, regardless of their origin, age, sex and status, shall receive equal pay for work under equal conditions, occupational skills and output ...”). In this regard, the Government recalls that it had already indicated in its previous reports that it would not commence on this ambitious project until it had adopted the new Labour Code, which it did on 20 July 2015. The Committee notes that section 72.2(7) of the 1995 Labour Code, which specified clauses that must feature in collective agreements (in this case, “the procedures for applying the principle of equal remuneration for women and young persons for work of equal value”) has been amended; the new section 72.2 simply stipulates that “the collective agreement may contain clauses more favourable to workers than the laws and regulations in force. It may not contravene the public order provisions set out in these laws and regulations.” The Committee requests the Government to indicate whether the process of revising the Inter-Occupational Collective Agreement has been initiated and invites it to take the necessary measures, in collaboration with the social partners, to ensure that the new collective agreement fully reflects the principle set out in the Convention. It reiterates its desire to obtain information on the application of section 72.2 of the Labour Code in practice, particularly through the provision of extracts of collective agreements which 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. The Committee notes that, according to the Government, the criteria taken into consideration for the determination and revision of minimum wages in the private sector by the Labour Advisory Commission and the joint committees are: the cost of living; sector of activity; and occupational category; and not the gender of workers. However, the Committee recalls that women are generally predominant in low-wage employment and that there is a tendency to set lower wages for sectors in which women are in a majority. In order to combat this occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and that certain skills considered to be “female” (manual dexterity) are not undervalued in comparison with the work carried out in male-dominated professions (physical strength) (see 2012 General Survey on the fundamental Conventions, 2012, paragraph 683). Considering that the three criteria adopted by the authorities of Côte d’Ivoire for the determination of minimum wages are not in themselves sufficient to ensure that the process is free from gender bias, the Committee requests 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 they critically review the application in practice of the criteria for determining minimum wages in sectors that employ a high proportion of women.

Article 3. Objective job evaluation. In its previous comments, the Committee welcomed the agreement between the Government and employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977, concerning occupational classification, which had been reached based on the recommendations of the 2007 social pre-forum. It also noted that the social pre-forum had advocated carrying out a job evaluation study. The Government’s report provides no information in this respect, but the Committee notes that the authorities are preparing to launch the process of revising the Inter-Occupational Collective Agreement of 1977, now that the adoption of the new Labour Code has been completed. The Committee, therefore, once again requests the Government to take the necessary measures to encourage the social partners to use objective criteria for evaluating and classifying jobs that are free from gender bias, and asks it to provide information on the methods applied and the criteria used. Furthermore, the Committee is bound to reiterate the hope that the Government will soon be in a position to conduct the job evaluation study, by gathering and compiling data on remuneration, disaggregated by sex and by job category, within the same economic sector and in different sectors. It also requests the Government to provide information on the measures taken in this respect.

Application in practice. Labour inspection. The Committee invites the Government to provide information on the activities of the labour inspectorate that are specifically related to equal remuneration for men and women, with regard to both preventing unequal remuneration and punishing violations in this area, and to provide statistics on violations of equal remuneration detected by labour inspectors.

Evaluation of pay gaps. In its previous comments, the Committee noted the sectoral wage scale applicable to both men and women without distinction. The Committee observed, however, that these data were not sufficient in themselves to identify any possible pay gaps between men and women and to assess the application of the Convention. As the Government’s report contains no information on this matter, the Committee once again requests it to provide the information available on the breakdown of men and women by sector and by occupation, in the public and private sectors, and on their respective remuneration levels, and to indicate the measures taken or envisaged to determine the nature, scope and causes of the unequal remuneration identified.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Protection against discrimination and promotion of equality in the public service. The Committee recalls that for many years it has been requesting the Government to take the necessary measures to bring into conformity with the Convention section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations, which provides that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions ... to reserve access [to the public service] for candidates of one or other sex”. The Committee also recalls that section 14(1) of the Act only prohibits any distinction being made between men and women during recruitment. In its previous comments, the Committee noted the Government’s undertaking to repeal section 14(2) during the review of the Regulations and the holding of a workshop specifically to review the Act issuing the General Public Service Regulations with a view to identifying “the shortcomings, discrepancies and injustices contained in the current Regulations” and “to propose corrective measures”. The Committee notes the Government’s indication that the reform of the General Public Service Regulations of 1992 is still in progress. The Committee once again requests the Government to take the necessary measures to repeal section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations and trusts that it will take the opportunity provided by the ongoing review of the Regulations to consider the possibility of including provisions defining and prohibiting any direct or indirect discrimination made at least on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment (access to employment and to particular occupations, as well as working conditions and terms and conditions of employment). The Committee asks the Government to ensure that equality of opportunity and treatment without any distinction on these grounds is one of the specific objectives of the public service reform. The Government is requested to provide information on the progress made in the work of revising the General Public Service Regulations and to supply a copy of the new Regulations once they are adopted.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(2)(a) of the Convention. Legislation. The Committee notes that, according to the Government’s report, the preliminary draft of the new Labour Code is currently being validated by the Labour Advisory Council (CCT). Recalling its previous comments in which it noted that the principle of equal remuneration for work of equal value was included in the draft of the new Labour Code, the Committee trusts that the Government will soon be able to provide information on the progress in adopting this new Labour Code and to send a copy once it has been adopted.

Articles 2 and 4. Collective agreements and cooperation with the social partners. Regarding section 44 of the Inter-Occupational Collective Agreement of 19 July 1977, which provides that “all workers, regardless of their origin, age, sex and status, shall receive equal pay for equal conditions of work, qualifications and output ...”, the Government states that once the new Labour Code has been adopted, it will envisage revising this collective agreement to bring it into compliance with the Labour Code. It adds that it is continuing its awareness-raising activities to promote better understanding and application of the Convention. While noting this information, the Committee nevertheless recalls that, under section 72.2(7) of the Labour Code in force, collective agreements are required to contain clauses concerning the means of applying the principle “equal pay for work of equal value” for women. The Committee asks the Government to take the necessary measures, in cooperation with the social partners, to revise the Inter-Occupational Collective Agreement of 19 July 1977 so that it fully reflects the principle of equal remuneration between men and women for work of equal value. It also asks the Government to provide information on the application of section 72.2(7) of the Labour Code in practice and to send extracts of collective agreements containing clauses concerning the means of applying the principle of equal remuneration for work of equal value.

Article 2(2)(b). Minimum wage fixing. The Government specifies that, when fixing and revising minimum wages in the private sector, the CCT and joint committees take account of the principle of equal remuneration for work of equal value. While noting this information, the Committee asks the Government to specify the methods and especially the criteria used when determining or reviewing minimum wages in the context of the CCT and the joint committees to ensure that men and women workers receive equal remuneration for work of equal value.

Article 3. Objective job evaluation. In its previous comments, the Committee welcomed the agreement between the Government and employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977 concerning occupational classification, which had been reached as a result of the recommendations of the 2007 social pre forum. It also noted that the social pre-forum had advocated carrying out a job evaluation study. In this respect, the Government states that it takes note of the Committee’s recommendations on the use of objective criteria free from any gender bias and adds that it will provide more detailed information in due course. As regards the drafting of the annexes to the Inter-Occupational Collective Agreement of 1977 concerning occupational classification, the Committee requests the Government to take the necessary measures to encourage the social partners to use objective criteria for evaluating and classifying jobs that are free from gender bias, and asks it to provide information on the method applied and criteria used. Furthermore, the Committee reiterates the hope that the Government will soon be in a position to conduct the job evaluation study and encourages it to establish the conditions necessary for carrying it out, by gathering and compiling data on remuneration, disaggregated by sex and by job category, within the same economic sector and in different sectors. The Government is asked to provide information on the steps taken in this respect.

Labour inspection. The Committee notes that, according to the statistical data submitted by the Government on labour inspections, no violations of equal remuneration have been recorded by the labour inspectors. The Committee also notes that labour inspectors have received training on wage discrimination in the context of the Programme to Support the Implementation of the ILO Declaration (PAMODEC). The Committee encourages the Government to continue training labour inspectors and providing them with adequate means to enable them to monitor the application of the principle of equal remuneration for men and women for work of equal value in enterprises. It also asks the Government to provide information on the labour inspectorate’s activities specifically concerning equal remuneration between men and women, both as regards the prevention of unequal remuneration and the punishment of violations in this area.

Practical application. Evaluation of gender pay gaps. The Committee notes the sectoral wage scale submitted by the Government and notes that it applies to both men and women, without any distinction. The Committee observes, however, that these data are inadequate to be able to identify any possible pay gaps between men and women and to assess the application of the Convention. The Committee asks the Government to take measures to determine the nature, extent and causes of inequalities in pay that exist in practice. It also asks the Government to provide available information on the breakdown of men and women by sector of activity and by occupation, in both the public and private sectors, and on their respective remuneration levels.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls that section 4 of the Labour Code provides that “no employer may take into consideration the sex, age, national extraction, race, religion, religious or political opinion, social origin, membership or non-membership of a trade union and trade union activities of workers in making decisions, particularly concerning recruitment and the performance and distribution of work, vocational training, career development, promotion, remuneration, granting of social benefits, disciplinary measures or termination of the employment contract”. The Committee notes the Government’s indication that a preliminary draft of the new labour code is currently before the Labour Advisory Committee. The Committee asks the Government to take the opportunity provided of the review of the Labour Code to include colour in the list of prohibited grounds of discrimination. Please also provide information of the status of the process of adoption of the draft Labour Code.

Article 1(1)(b). Additional grounds of discrimination. The Committee asks the Government to indicate whether it is envisaged, when reviewing the Labour Code, to add to the list of prohibited grounds of discrimination additional grounds, such as real or perceived HIV status, and in this context would like to draw its attention to the HIV and AIDS Recommendation, 2010, especially to Paragraphs 9–14 and 37.

Restrictions on women’s access to employment and to certain occupations. The Committee notes that, according to the Government’s report, no decree has been issued under section 23.1 of the Labour Code on the types of work prohibited for women. Furthermore, the Committee recalls that certain provisions of the Civil Code, particularly section 67 prohibiting a married woman from exercising an occupation separate from that of her husband, if a court finds that it would be contrary to the interests of the family, discriminate against women. The Committee requests the Government to take the necessary steps to amend or repeal the provisions that may constitute an obstacle to the exercise of certain occupations by women, particularly section 67 of the Civil Code, and to provide information on any measure taken in this regard. The Committee also asks the Government to ensure that any limitations on the work women may do is strictly limited to maternity protection, and asks the Government to provide information on any texts issued under section 23.1 of the Labour Code.

Sex discrimination. Sexual harassment. The Committee notes the Government’s indication that sexual harassment has been taken into account in the preliminary draft of the new Labour Code. For all types of behaviour that constitute sexual harassment in employment and occupation to be covered, the Committee recalls that it is important to adopt provisions defining and addressing quid pro quo and hostile working environment harassment. The Committee requests the Government to provide information on the contents of the provisions on sexual harassment in the preliminary draft of the new Labour Code. It once again requests the Government to provide information on the practical measures taken to prevent and combat sexual harassment, including the measures drawn up and implemented in collaboration with the social partners.

Article 2. Equality of opportunity between men and women. The Committee notes that, according to the statistics provided by the Government in its 2010 report, women are poorly represented in the public service (26.88 per cent in total), particularly in the higher categories (18.57 per cent), and the proportion of women in the formal private sector remains very low (11.2 per cent). Women nevertheless represent 45 per cent of informal economy workers, of whom 65 per cent are in trade. The 2009 document on the National Policy on Equality of Opportunity, Equity and Gender also reports that there are more women in the agricultural sector, but that they form a significant part of the unpaid workforce. This document also highlights inequalities against women regarding access to property due to socio-cultural factors, and the barriers faced by girls and women in gaining access to formal and non-formal education (such as marriage and early pregnancy, the belief that it is more important to educate a boy in view of his future role as head of the family, and sexist educational practices). The Committee notes the information provided by the Government concerning the efforts made to promote the access and maintenance of girls in school, including awareness-raising activities for parents in rural areas, the construction of schools and vocational training centres for young girls, the free distribution of school equipment, and study grants for young girls in secondary and higher education. In view of the persistent inequalities between men and women, the Committee encourages the Government to continue its efforts to adopt proactive measures to promote equality of opportunity concerning access to formal employment as well as to land and credit. It firmly encourages the Government to continue awareness-raising activities among the population in order to combat stereotypes regarding women’s aspirations, preferences and capabilities in employment and occupation and their roles and responsibilities within society. Regarding the establishment of vocational training centres for young girls, the Committee requests the Government to ensure that they are not confined to learning certain trades traditionally carried out by women and that they have access in practice to a wide range of skilled occupations leading to remunerated employment. The Committee requests the Government to provide detailed information on the implementation of the National Policy on Equality of Opportunity, Equity and Gender adopted in 2009 in the areas of education, vocational training and employment, including self-employment, and to provide detailed statistics that are available on the distribution of men and women in the different categories of the public and private sectors, and in the formal and informal economy.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s statement that it affords particular importance to tripartitism and that the social partners are adequately informed of the institutions which may be consulted with regard to discrimination issues. It also notes that awareness-raising seminars on the principle of equality have been organized for employers’ and workers’ organizations within the framework of the programme to promote the Declaration (PAMODEC). The Committee requests the Government to provide information on the way in which it cooperates with employers’ and workers’ organizations to promote the application of the principles of non-discrimination and of equality of opportunity and treatment in employment and occupation without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and on the outcome of this cooperation. It also requests the Government to provide information on the role of the social partners in the implementation of the National Policy on Equality of Opportunity, Equity and Gender.

Enforcement. The Committee notes that labour inspectors, judges and lawyers benefited from the awareness-raising seminars on equality of opportunity and treatment in employment and occupation within the framework of PAMODEC. The Committee requests the Government to continue to provide information on any training on equality and discrimination provided to persons responsible for the enforcement and monitoring of the labour legislation. It also requests the Government to provide information on all cases of discrimination that the labour inspectorate has addressed on the basis of a complaint or during an inspection, and on any court decisions in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of opportunity and treatment. Legislation. For many years the Committee has been asking the Government to take the necessary steps to bring into conformity with the Convention section 14(2) of Act No. 92-570 of 11 September 1992 issuing the general public service regulations, which provide that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions ... to reserve access [to the public service] for candidates of one or other sex”. The Committee also recalls that section 14(1) of the Act only prohibits any distinction being made between men and women during recruitment. In its previous comments, the Committee noted the Government’s undertaking to repeal section 14(2) during the review of the general public service regulations. The Committee notes the Government’s indication that a general reform of the public service is under way and that a review of the general regulations is planned in this framework. The Committee also notes the information published on the website of the Ministry of the Public Service and Administrative Reform according to which a workshop was held in October 2012 specifically to review the Act issuing the general public service regulations with a view to identifying “the shortcomings, discrepancies and injustices contained in the current regulations” and “to propose corrective measures”. The Committee urges the Government to take the necessary steps to repeal section 14(2) of Act No. 92-570 of 11 September 1992 issuing the general public service regulations and trusts that it will take the opportunity provided by the review of the regulations to consider the possibility of including provisions defining and prohibiting any direct or indirect discrimination made on the basis of at least race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment. The Committee asks the Government to ensure that equality of opportunity and treatment without any distinction on the basis of the aforementioned reasons is one of the specific objectives of the public service reform. The Government is requested to provide information on the progress of the work on the review of the general public service regulations and to forward a copy of the new regulations as soon as they have been adopted.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration by legislative means. The Committee notes that according to the provisions of the draft Labour Code sent by the Government, the principle of equal remuneration for men and women for work of equal value will be included in the new Labour Code. The Committee asks the Government to provide information on the state of progress of work on the revision of the Labour Code and to send a copy of the Labour Code once it has been adopted.

Articles 2(2)(c) and (4). Application of the principle by means of collective agreement. Cooperation with the social partners. In its previous comments, the Committee noted that section 44 of the Inter-Occupational Collective Agreement of 19 July 1977, which provides that, “all workers, regardless of their origin, age, sex and status, shall receive equal pay for equal conditions of work, qualifications and output ...”, is more restrictive than the principle contained in the Convention. It had recalled in this connection that it was essential to compare the value of work performed in different occupations, which may require different qualifications and involve different responsibilities or working conditions but which is nevertheless of equal value. The Committee notes that, according to the Government, the only way of implementing the provisions of Convention No. 100 for the moment is the organization of seminars and workshops on the concept of “work of equal value”, as well as labour inspection visits. The most recent workshop on this issue, which was attended by labour administration officials, labour inspectors and employers’ and workers’ representatives, took place in October 2010. While noting this information, the Committee draws the Government’s attention once again to the discrepancies existing between the provisions on equal remuneration in the Labour Code (section 31.2) and the Convention, on the one hand, and those of the Inter-Occupational Collective Agreement, on the other hand. The Committee therefore asks the Government to take all necessary steps to encourage the social partners to revise section 44 of the Inter-Occupational Collective Agreement of 19 July 1977 in order to incorporate the principle of equal remuneration between men and women for work of equal value. The Government is also asked to continue providing information on the awareness-raising activities carried out to promote a better understanding and improved application of the principle of equal remuneration within the meaning of the Convention and, in particular, the concept of “work of equal value” by employers, workers and their organizations.

Article 2(2)(b). Minimum wage fixing. With regard to minimum wage fixing in the private sector, the Committee notes that the Government has sent information in its reports on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99). However, as regards the application of the principle of equal remuneration for men and women for work of equal value through minimum wage fixing, the Committee recalls that it examines whether this principle is sufficiently taken into account when establishing minimum wages and whether the method and criteria used in this process ensure that these wages are free from gender bias, which might exist because skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government once again to provide information on the methods and criteria used when determining or reviewing minimum wages in the context of the Labour Advisory Committee and the joint committees to ensure that men and women are paid equal remuneration for work of equal value. It also asks the Government to indicate any measure taken or envisaged to promote the application of the principle of equal remuneration for work of equal value during the process of minimum wage fixing.

Article 3. Objective job evaluation. The Committee welcomes the agreement between the Government, employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977 concerning occupational classification. Referring to its general observation of 2006, the Committee recalls in this respect that when examining tasks involved in jobs for the purpose of occupational classification, it is important to ensure that methods of evaluation using objective criteria free from any gender bias are applied (usually the skills required, the effort, and responsibilities or working conditions) in order to guarantee, inter alia, that the type of efforts, skills and responsibilities required for work primarily carried out by women is not undervalued. The Government recalls that one of the recommendations of the 2007 social pre-forum was to carry out a job evaluation study and that it was intending to request the ILO for technical assistance in this respect. The Committee notes the Government’s statement that it is not in a position at the present time to carry out this study. In the light of the preceding comments concerning the revision of the annexes of the collective agreement of 1977, the Committee asks the Government to take the necessary measures to encourage the social partners to take into account the principle of equal remuneration between men and women for work of equal value when establishing occupational classifications and to provide information on this matter. Furthermore, the Committee hopes that the Government will soon be in a position to carry out the job evaluation study and asks it once again to indicate the steps taken to establish the conditions necessary for the carrying out of this study and to gather data on remuneration, disaggregated by sex and by job category, within the same sector and in different sectors.

Parts III and V of the report form. Application of the principle of equality of remuneration in practice. Statistics and labour inspection. The Committee notes that the Government’s report does not contain any information in reply to its request. In order to be in a position to assess the application of the Convention in practice, the Committee asks the Government once again:

• (i) to provide the data available on the wage levels of men and women by sector of activity and by occupation, in both the public and private sectors;
• (ii) to indicate the steps taken or envisaged, in particular through specific training, to enable labour inspectors to be in a better position to detect pay discrimination and to deal with it effectively; and
• (iii) to provide the information available on the results of the inspections carried out, particularly statistics on the number of establishments inspected and the number of men and women workers covered, the violations reported with regard to the principle of equal remuneration and any penalties imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Protection against discrimination of workers excluded from the scope of the Labour Code. Public service. With regard to public servants, the Committee notes the Government’s reference to section 14(1) of the General Public Service Regulations and also to articles 7, 17 and 18 of the Constitution. However, it observes that these Regulations only prohibit any gender distinctions being made at the time of recruitment. In addition, the abovementioned provisions of the Constitution state that all citizens must have equal access to vocational training and employment but they only explicitly prohibit discrimination in access to or performance of jobs on the basis of sex and political, religious or philosophical opinions. The Committee recalls that, according to the Convention, all workers must enjoy protection against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, in employment and occupation, i.e. with regard not only to access to vocational training, employment and various occupations but also to terms and conditions of employment. The Committee therefore requests the Government, with a view to extending the protection against discrimination and giving full effect to the Convention, to consider adding provisions to the General Public Service Regulations which explicitly define and prohibit any direct or indirect discrimination, at all stages of employment and covering at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Committee requests the Government to specify to what extent public servants are able to invoke the provisions of the Constitution in order to assert their rights in the event of discrimination, including in the course of employment, and requests it to indicate whether use has already been made of this possibility.

Restrictions on women’s access to employment and certain occupations. The Committee notes that section 23.1 of the Labour Code provides that the types of work prohibited for women are regulated by decree. It also wishes to draw the Government’s attention to the fact that access to certain occupations implies access to the various kinds of property and resources enabling the exercise of such occupations, including credit and land. Furthermore, in order to ensure gender equality in this respect, there is a need to eliminate any discriminatory legal provisions, including in civil law, such as section 67 of the Civil Code, which prohibits a married woman to undertake an occupation separate from that of her husband if a court finds that it would be contrary to the interests of the family. The Committee requests the Government to provide information on the following: (i) the types of work prohibited for women pursuant to section 23.1 of the Labour Code, stating the reasons why these types of work are prohibited; (ii) the measures taken to promote gender equality in access to certain occupations, including increasing access of women to credit and land in rural areas.

The Committee requests the Government to undertake a review of the national legislation in order to identify provisions that may constitute an obstacle to the exercise of certain occupations by women and take the necessary steps to amend or repeal them.

Sex discrimination. Sexual harassment. Noting that the Labour Code does not contain any provision defining or prohibiting sexual harassment at work, the Committee requests the Government to provide information on the specific measures taken to prevent and combat sexual harassment, including those which have been formulated and implemented in cooperation with the social partners.

Article 2. Equal opportunities between men and women. The Committee notes the adoption in April 2009 of the National Policy on Equal Opportunities, Equity and Gender (the National Policy). It also notes the detailed information, including statistics, supplied by the Government on the action taken to promote equality of opportunity between men and women, including gender mainstreaming in the planning and formulation of public budgets, training and awareness raising of decision-makers and public officials in gender issues, the establishment of specialized structures and development projects in rural areas taking account of the specific needs of women in terms of resources and training. While welcoming the efforts made by the Government to promote equal opportunities between men and women, the Committee encourages the Government to step up its action to increase employment opportunities for women, and requests it to provide information on the measures taken as part of the implementation of the National Policy, particularly with regard to the following: (i) access of girls to all levels of education and their possibility to continue to go to school, and women’s access to vocational training, including with regard to occupations traditionally performed by men; (ii) women’s access to employment, including self-employment; (iii) awareness-raising measures regarding the principle of equal opportunities and treatment in employment aimed at employers’ and workers’ organizations, those responsible for enforcing legislation relating to equality (labour inspectors, judges, lawyers), and the general public; (iv) the impact on the situations of women and men in employment and of the measures taken.

The Government is also requested to provide information on the recommendations made in the gender study mentioned in its report which was conducted by the Ministry of the Family, Women and Social Affairs on the employment situation in law and in practice, and also to send a copy of this study.

Article 3(a). Cooperation with employers’ and workers’ organizations. Awareness-raising measures. According to the Government, neither the Labour Advisory Committee nor the Tripartite Committee on ILO Issues, within which cooperation takes place between the Government and the social partners, has taken any initiative for the promotion of equality in employment and occupation since no cases of discrimination have been brought to their attention. The Committee has repeatedly emphasized that the lack of any complaints regarding discrimination does not necessarily mean that there is no discrimination in practice: workers may be unaware of the avenues of redress that exist for this purpose, may hesitate to lodge a complaint or may even face practical difficulties in asserting their rights vis-à-vis the labour inspectorate, courts or any other competent institution. Recalling the importance of the role of workers’ and employers’ organizations in preventing and combating discrimination in employment and occupation, the Committee encourages the Government to take the necessary steps to involve them in the formulation and implementation of measures aimed at promoting equality and non-discrimination. It also requests the Government to provide information on any developments in this respect, particularly as regards the role of the social partners in the implementation of the National Policy on Equal Opportunities, Equity and Gender.

Labour inspection. The Committee notes that 1,578 inspections were conducted in 2008 and 2009 in enterprises in the secondary and tertiary sectors and that, owing to a lack of transport facilities, inspectors were unable to carry out inspections in agriculture. It is the Committee’s understanding from the Government’s report that no cases of discrimination were reported by the labour inspectorate. The Government indicates that no evidence of discrimination was brought to the attention of the courts. Referring to the previous paragraph concerning the lack of complaints, the Committee underlines the importance of providing labour inspectors with the necessary resources for performing their duties of enforcing the legislation, including with regard to equality, and of reinforcing their training so that they are in a position to identify and address effectively cases of discrimination in employment and occupation. The Committee requests the Government to indicate the measures taken to reinforce the training of labour inspectors with regard to issues of equality and non-discrimination in employment and occupation and to provide them with the necessary resources.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Access to the public service. Legislation. For many years the Committee has been asking the Government to take the necessary steps to revise section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations in order to bring it into conformity with the Convention. The provision in question states that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions ... to reserve access [to the public service] for candidates of one or other sex”. The Committee notes in this connection the observations made by the General Confederation of Enterprises of Côte d’Ivoire, received on 15 December 2010, to the effect that the Government should take account of the Committee’s comments and section 14(2) should simply be repealed, insofar as entry to the public service is by competition which is open to candidates of both sexes. The Committee notes that, in its report, the Government acknowledges that this provision is discriminatory and expresses its commitment to repealing it as soon as the Act issuing the General Public Service Regulations is revised. The Government also states that, according to the texts in force, there are no longer any public sector jobs which are prohibited for women and the fact that women are under-represented in the public service is due not to legal obstacles but to social and cultural factors which the Government is addressing actively. While noting the Government’s undertaking to repeal section 14(2) of the Act issuing the General Public Service Regulations, the Committee observes that the Government again refers to a possible revision of the Public Service Regulations but gives no indication as to when such a process is to begin. It asks the Government to take the necessary steps to repeal, in the near future, section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations, and to specify the timetable set for the revision process.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Protection against discrimination of workers excluded from the scope of the Labour Code. Public service. With regard to public servants, the Committee notes the Government’s reference to section 14(1) of the General Public Service Regulations and also to articles 7, 17 and 18 of the Constitution. However, it observes that these Regulations only prohibit any gender distinctions being made at the time of recruitment. In addition, the abovementioned provisions of the Constitution state that all citizens must have equal access to vocational training and employment but they only explicitly prohibit discrimination in access to or performance of jobs on the basis of sex and political, religious or philosophical opinions. The Committee recalls that, according to the Convention, all workers must enjoy protection against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, in employment and occupation, i.e. with regard not only to access to vocational training, employment and various occupations but also to terms and conditions of employment. The Committee therefore requests the Government, with a view to extending the protection against descrimination and giving full effect to the Convention, to consider adding provisions to the General Public Service Regulations which explicitly define and prohibit any direct or indirect discrimination, at all stages of employment and covering at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Committee requests the Government to specify to what extent public servants are able to invoke the provisions of the Constitution in order to assert their rights in the event of discrimination, including in the course of employment, and requests it to indicate whether use has already been made of this possibility.

Restrictions on women’s access to employment and certain occupations. The Committee notes that section 23.1 of the Labour Code provides that the types of work prohibited for women are regulated by decree. It also wishes to draw the Government’s attention to the fact that access to certain occupations implies access to the various kinds of property and resources enabling the exercise of such occupations, including credit and land. Furthermore, in order to ensure gender equality in this respect, there is a need to eliminate any discriminatory legal provisions, including in civil law, such as section 67 of the Civil Code, which prohibits a married woman to undertake an occupation separate from that of her husband if a court finds that it would be contrary to the interests of the family. The Committee requests the Government to provide information on the following:

(i)    the types of work prohibited for women pursuant to section 23.1 of the Labour Code, stating the reasons why these types of work are prohibited;

(ii)   the measures taken to promote gender equality in access to certain occupations, including increasing access of women to credit and land in rural areas.

The Committee requests the Government to undertake a review of the national legislation in order to identify provisions that may constitute an obstacle to the exercise of certain occupations by women and take the necessary steps to amend or repeal them.

Sex discrimination. Sexual harassment. Noting that the Labour Code does not contain any provision defining or prohibiting sexual harassment at work, the Committee requests the Government to provide information on the specific measures taken to prevent and combat sexual harassment, including those which have been formulated and implemented in cooperation with the social partners.

Article 2. Equal opportunities between men and women. The Committee notes the adoption in April 2009 of the National Policy on Equal Opportunities, Equity and Gender (the National Policy). It also notes the detailed information, including statistics, supplied by the Government on the action taken to promote equality of opportunity between men and women, including gender mainstreaming in the planning and formulation of public budgets, training and awareness raising of decision-makers and public officials in gender issues, the establishment of specialized structures and development projects in rural areas taking account of the specific needs of women in terms of resources and training. While welcoming the efforts made by the Government to promote equal opportunities between men and women, the Committee encourages the Government to step up its action to increase employment opportunities for women, and requests it to provide information on the measures taken as part of the implementation of the National Policy, particularly with regard to the following:

(i)    access of girls to all levels of education and their possibility to continue to go to school, and women’s access to vocational training, including with regard to occupations traditionally performed by men;

(ii)   women’s access to employment, including self-employment;

(iii)  awareness-raising measures regarding the principle of equal opportunities and treatment in employment aimed at employers’ and workers’ organizations, those responsible for enforcing legislation relating to equality (labour inspectors, judges, lawyers), and the general public;

(iv)  the impact on the situations of women and men in employment and of the measures taken.

The Government is also requested to provide information on the recommendations made in the gender study mentioned in its report which was conducted by the Ministry of the Family, Women and Social Affairs on the employment situation in law and in practice, and also to send a copy of this study.

Article 3(a). Cooperation with employers’ and workers’ organizations. Awareness-raising measures. According to the Government, neither the Labour Advisory Committee nor the Tripartite Committee on ILO Issues, within which cooperation takes place between the Government and the social partners, has taken any initiative for the promotion of equality in employment and occupation since no cases of discrimination have been brought to their attention. The Committee has repeatedly emphasized that the lack of any complaints regarding discrimination does not necessarily mean that there is no discrimination in practice: workers may be unaware of the avenues of redress that exist for this purpose, may hesitate to lodge a complaint or may even face practical difficulties in asserting their rights vis-à-vis the labour inspectorate, courts or any other competent institution. Recalling the importance of the role of workers’ and employers’ organizations in preventing and combating discrimination in employment and occupation, the Committee encourages the Government to take the necessary steps to involve them in the formulation and implementation of measures aimed at promoting equality and non-discrimination. It also requests the Government to provide information on any developments in this respect, particularly as regards the role of the social partners in the implementation of the National Policy on Equal Opportunities, Equity and Gender.

Labour inspection. The Committee notes that 1,578 inspections were conducted in 2008 and 2009 in enterprises in the secondary and tertiary sectors and that, owing to a lack of transport facilities, inspectors were unable to carry out inspections in agriculture. It is the Committee’s understanding from the Government’s report that no cases of discrimination were reported by the labour inspectorate. The Government indicates that no evidence of discrimination was brought to the attention of the courts. Referring to the previous paragraph concerning the lack of complaints, the Committee underlines the importance of providing labour inspectors with the necessary resources for performing their duties of enforcing the legislation, including with regard to equality, and of reinforcing their training so that they are in a position to identify and address effectively cases of discrimination in employment and occupation. The Committee requests the Government to indicate the measures taken to reinforce the training of labour inspectors with regard to issues of equality and non‑discrimination in employment and occupation and to provide them with the necessary resources.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Access to the public service. Legislation. For a number of years the Committee has been asking the Government to take the necessary steps to revise section 14(2) of Act No 92-570 of 11 September 1992 issuing the General Public Service Regulations in order to bring it into conformity with the Convention. This section states that specific arrangements may be made, on account of physical fitness or constraints inherent in certain functions, to reserve access to the public service for candidates of either sex. While noting that it was not the Government’s intention at the outset to create gender discrimination, the Committee considers that this provision, which constitutes an exemption from section 14(1) of the Regulations prohibiting any distinction between the sexes, enables access to certain posts to be reserved for either men or women. It also considers that the criterion of “physical fitness” expressed in general terms runs the risk of limiting access to the public service for women, who account for only 27 per cent of staff numbers, according to the data supplied by the Government. The Committee recalls that, in order to be non-discriminatory within the meaning of Article 1(2) of the Convention, exceptions must be strictly limited to certain particular jobs and based on the inherent requirements thereof. Noting the Government’s indication that the removal of section 14(2) of the General Public Service Regulations might form part of a possible overall revision of those Regulations, the Committee again requests the Government to take the necessary steps to amend this provision in order to bring it into conformity with the Convention. Pending such a revision, it requests the Government to provide information on the application of section 14(2) in practice, stating the posts and duties concerned and also its impact on the employment of women in the public service.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report does not contain a reply to its previous comments. It hopes that the next report will contain full particulars on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Protection against discrimination in the public service and for persons without employment contracts. In its previous comments, the Committee requested the Government to specify how section 4 of the Labour Code, which prohibits all forms of discrimination, protects persons on indefinite appointments and employees in the service of the State, in view of the fact that section 2(3) appears to exclude these two categories of workers from the scope of the Code. The Committee notes that no provision of the public service regulations protects these employees from discrimination. The Government indicates, however, that persons on permanent appointments and employees in the service of the State are protected from discrimination based on race, religion and social origin because they are nationals and so enjoy equality of rights and duties. The Committee draws the Government’s attention to the fact that granting equality of rights and duties to nationals is not sufficient to fulfil its obligations under the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set forth in the Convention, for all employees in the public sector, including those on permanent appointments and those employed in the service of the State. The Government is asked to provide information on how, in practice, it ensures equality of access and treatment for those on permanent appointments and employees in the service of the State. Noting also that the Labour Code only applies to persons with an employment contract, the Committee asks the Government to provide information on how it affords protection against discrimination to workers without an employment contract such as self-employed workers and workers in the informal economy. It asks the Government to provide information on the practical application of section 4 of the Labour Code and on any relevant court decisions.

Political opinion and other grounds of discrimination. In view of the situation in the country, the Committee is still concerned at the fact that the political tensions could be conducive to discriminatory treatment in employment, particularly in the public sector. In view of these circumstances, the Government is asked to indicate how it prohibits discrimination and ensures equality of opportunity and treatment in the public sector, particularly with regard to political opinion, religion, race and national extraction.

Article 2. Equality of opportunity between men and women. The Committee notes that, according to the Tenth Progress Report of the Secretary‑General on the United Nations Operation in Côte d’Ivoire (S/2006/821, 17 October 2006), the UNOCI carried out gender-awareness and induction training programmes for 30 police officers. It furthermore helped the Ministry of the Family and Social Affairs in drafting a national gender equality policy and in training the Ministries’ personnel on gender issues. The Committee wishes to stress the importance of a national policy to promote equal access to employment and the participation of women in the institutions of power. It points out that the elimination of discrimination in employment is important to the sustainable maintenance of peace and security, the reconstruction of the social fabric and the country’s economic recovery. The Committee hopes that this policy will include proactive measures for the advancement of women in the labour market and that it will have the support of the Ministry for the Advancement of Women and the social partners. The Committee requests the Government to send a copy of the national policy for gender equality together with information on the measures envisaged to implement it. It again requests full information on the activities conducted by the Ministry for the Advancement of Women to encourage equal opportunities in employment and training. The Committee would be grateful if the Government would likewise include, in its next report, information on the abovementioned Ministries’ activities in rural areas.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government has provided no information on Article 3(a). It again asks the Government to send more detailed information on the recommendations and activities of the tripartite committee on the application of the Convention, and on all other initiatives or other programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.

Parts III and IV of the report form. The Committee notes that no instances of discrimination have been reported by the labour inspectorate. The Committee requests the Government to provide information on the number of inspections carried out in the sectors concerned. It reiterates its request for copies of any decisions handed down by judicial or other bodies concerning the application of the Convention, and particularly information on the number of criminal cases brought under section 200 of the Penal Code. The Committee requests the Government once again to provide a copy of the Basic Law establishing the duties of the Ombudsperson of the Republic.

Part V. Statistics. The Committee notes that the Government provides no statistical information in its report. It notes the Government’s undertaking to set up a data base as soon as possible. The Committee hopes that the Government will be in a position to provide recent statistics in its next report, disaggregated by sex, race and ethnic origin, on the distribution of the population in the various sectors of the economy and in occupations.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(a), of the Convention. Application of the principle of equal remuneration by legislative means. The Committee notes the Government’s indication that the new Labour Code, which is still in the process of being revised, will not put at risk the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the content of the draft Labour Code with regard to wages and, in particular, on any recommendation adopted on this matter by the social forum mentioned by the Government in its previous report received in 2007. It trusts that the new Labour Code, like the current Labour Code, will contain provisions providing for equal remuneration between men and women for work of equal value, and asks the Government to keep it informed of any developments in this regard.

Articles 2, paragraph 2(c), and 4. Application of the principle by means of collective agreements. Cooperation with the social partners. The Committee notes that, according to the Government, awareness of the social partners of the application of the provisions of the present Convention is raised through seminars and workshops and during inspections by labour inspectors. It also notes that section 44 of the Inter-Occupational Collective Agreement of 19 July 1977, provides that “all workers, regardless of their origin, age, sex and status, shall receive equal pay for equal conditions of work, occupational skill and output …”. The Committee would like to draw the Government’s attention to paragraph 54 of its General Survey of 1986 on equal remuneration, in which it emphasizes that “insistence on ‘equal conditions as regards work, skill and output’ can be taken as a pretext for paying women lower wages than men”. The emphasis should instead be placed on the “nature of the work”, which requires a comparison of tasks on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Referring to its 2006 general observation in which it clarifies the meaning of the concept of “work of equal value”, the Committee recalls that it is essential to compare the value of work performed in different occupations, which may require different qualifications and skills and involve different responsibilities or working conditions, but which is nevertheless of equal value. The Committee asks the Government to provide specific information on the awareness-raising activities carried out or envisaged to promote a better understanding and better application of the principle of the Convention and, in particular, of the concept of “work of equal value” by employers, workers and their organizations. It also asks it to indicate any steps taken to encourage the social partners to include in the Inter-Occupational Collective Agreement of 1977 a clause incorporating the principle of equal remuneration between men and women for work of equal value when this collective agreement is renegotiated.

Article 2, paragraph 2(b). Minimum wage fixing. With regard to minimum wage fixing in the private sector, which the Committee recalls is an important means of giving effect to the Convention, the Government indicates that the Labour Advisory Committee issues opinions on these matters and that the joint committees play their role in this regard to the full. Noting this general information, the Committee observes that the Government does not provide any information on the method and criteria used to determine minimum wages and to ensure that they are determined in a manner that is free from any gender bias. In this regard, it recalls the importance of using criteria that are free from gender bias and ensuring, inter alia, that the types of effort, qualifications and responsibilities required for work performed predominantly by women are not undervalued. The Committee asks the Government to provide information on the methods and criteria used when determining or reviewing minimum wages in the context of the Labour Advisory Committee and the joint committees. It also asks the Government to indicate any steps taken or envisaged to promote the application of the principle of equal remuneration for work of equal value in this process.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that it is committed to carrying out, with technical assistance from the ILO, a job evaluation study as soon as possible. It would like to draw the Government’s attention to its general observation of 2006 in which it emphasized that, while the Convention does not prescribe any specific method for determining whether different jobs are of equal value, it does presuppose the use of appropriate techniques for objective job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. These methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort and responsibilities or working conditions (see paragraph 141 onwards of the General Survey of 1986). The Committee asks the Government to indicate the steps taken to establish the conditions necessary for the carrying out of a study on objective job evaluation and to gather data on remuneration, disaggregated by sex and by job category within the same sector and in different sectors.

Parts III and V of the report form. Application of the principle of equality in practice. Statistics and labour inspection. The Committee notes that the Government indicates that equal remuneration between men and women for work of equal value is well observed in both the private and public sectors and that inspections carried out by labour inspectors have not brought to light any violations with regard to the application of the Convention. The Committee recalls that the absence of violations reported or of complaints lodged is not sufficient to conclude that the Convention is being applied in practice. In order to be in a position to assess the application of the Convention in practice, the Committee asks the Government as follows:

(i)    to provide the data available on the wage levels of men and women by sector of activity and by occupation, in both the public and private sectors;

(ii)   to indicate the steps taken or envisaged, in particular through specific training, to enable labour inspectors to be in a better position to detect pay discrimination and to deal with it effectively; and

(iii) to provide the information available on the results of the inspections carried out, in particular, statistics on the number of establishments inspected and the number of men and women workers covered, the violations reported with regard to the principle of equal remuneration and any penalties imposed.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report does not contain a reply to its previous comments. It is therefore bound to reiterate its previous observation, which read as follows:

The Committee notes that for some years section 14(2) of Act No. 92-570 of 1992 issuing general regulations for the public service has allowed access to certain positions to be reserved for persons of one or the other sex on the basis of physical aptitude. The Committee observes that the Government has previously expressed its intention to repeal this provision, and notes with regret that, according to its report, section 14 was not revised when the general public service regulations were reviewed. It notes, however, that the Government has renewed its resolve to take into account the concern that section 14 has caused as regards observance of equality between the sexes in treatment and access to the public service. The Committee requests the Government to amend section 14 so as to ensure its conformity with the Convention. It requests the Government to provide information on the measures taken or envisaged in the context of the Social Forum to revise this provision, and to send additional information on progress made in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2(a) of the Convention. In its previous comments, the Committee asked the Government to provide information on the revision of the Labour Code with regard to wages. The Committee notes that, within the framework of the revision of the Labour Code currently under way, the Private Sector Commission has approved the conventional amendment of basic wages together with other provisions that are to be adopted by a social forum in the coming months. The Committee notes that the Government has not provided any information on the content of these recommendations or on any other provision relating to the revision of wages. The Committee hopes that the principle of equal remuneration for men and women for work of equal value will be given full expression in the recommendations to be adopted by the social forum. The Committee asks the Government to provide information on the content of the revised Labour Code with regard to wages and hopes that any future amendments will further the application of the Convention.

2. Article 3. Appraisal of jobs. The Committee notes that the Government reaffirms its commitment to carrying out a study on job appraisal. It notes that the Government intends to request technical assistance from the ILO in order to undertake this study. The Committee asks the Government to take the necessary measures to carry out this study on job appraisal and hopes that it may benefit from ILO technical assistance in the very near future. The Committee encourages the Government to collect, in so far as is possible, information, disaggregated by sex, on wages in job categories within the same sector and within different sectors.

3. Article 4. Cooperation with the social partners. The Committee asks the Government, once again, to provide information in its next report on the wage‑setting activities of both the Consultative Labour Commission and the joint committees within the context of the application of the Convention, and, in particular, on the job appraisal methods used by these bodies to determine wages.

4. Labour inspection. The Committee reiterates its previous requests to the Government for more detailed information on the labour inspectorate’s awareness-raising activities for the social partners, in particular with regard to the number of events held, the participants in attendance and the materials and methods used to make workers and employers more aware of the practical application of the principle of equal remuneration for men and women for work of equal value. With respect to workplace inspections, the Committee requests information on the number and nature of equal remuneration violations reported by the labour inspectors, and on how the inspectors deal with such violations.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Protection against discrimination in the public service and for persons without employment contracts. In its previous comments, the Committee requested the Government to specify how section 4 of the Labour Code protects persons on indefinite appointments and employees in the service of the State, in view of the fact that section 2(3) appears to exclude these two categories of workers from the Code’s scope. The Committee notes that no provision of the public service regulations protects these employees from discrimination. The Government indicates, however, that persons on permanent appointments and employees in the service of the State are protected from discrimination based on race, religion and social origin because they are nationals and so enjoy equality of rights and duties. The Committee draws the Government’s attention to the fact that granting equality of rights and duties to nationals is not sufficient to fulfil its obligations under the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set forth in the Convention, for all employees in the public sector including those on permanent appointments and those employed in the service of the State. The Government is asked to provide information on how, in practice, it ensures equality of access and treatment for those on permanent appointments and employees in the service of the State. Noting also that the Labour Code only applies to persons with an employment contract, the Committee asks the Government to provide information on how it affords protection against discrimination to workers without an employment contract such as self-employed workers and workers in the informal economy. It asks the Government to provide information on the practical application of section 4 of the Labour Code and on any relevant court decisions.

2. Political opinion and other grounds of discrimination. In view of the situation in the country, the Committee is still concerned that the fact that the political tensions could be conducive to discriminatory treatment in employment, particularly in the public sector. In view of these circumstances, the Government is asked to indicate how it prohibits discrimination and ensures equality of opportunity and treatment in the public sector, particularly with regard to political opinion, religion, race and national extraction.

3. Article 2. Equality of opportunity between men and women. The Committee notes that according to the Tenth progress report of the Secretary-General on the United Nations Operation in Côte d’Ivoire (S/2006/821 17 October 2006), the UNOCI carried out gender-awareness and induction training programmes for 30 police officers. It furthermore helped the Ministry of the Family and Social Affairs in drafting a national gender equality policy and in training the Ministries’ personnel on gender issues. The Committee wishes to stress the importance of a national policy to promote equal access to employment and the participation of women in the institutions of power. It points out that the elimination of discrimination in employment is important to the sustainable maintenance of peace and security, the reconstruction of the social fabric and the country’s economic recovery. The Committee hopes that this policy will include proactive measures for the advancement of women in the labour market and that it will have the support of the Ministry for the Advancement of Women and the social partners. The Committee requests the Government to send a copy of the national policy for gender equality together with information on the measures envisaged to implement it. It again requests full information on the activities conducted by the Ministry for the Advancement of Women to encourage equal opportunities in employment and training. The Committee would be grateful if the Government would likewise include, in its next report, information on the abovementioned Ministries’ activities in rural areas.

4. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government has provided no information on Article 3(a). It again asks the Government to send more detailed information on the recommendations and activities of the tripartite committee on the application of the Convention, and on all other initiatives or other programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.

5. Parts III and IV of the report form. The Committee notes that no instances of discrimination have been reported by the Labour Inspectorate. The Committee requests the Government to provide information on the number of inspections carried out in the sectors concerned. It reiterates its request for copies of any decisions handed down by judicial or other bodies concerning the application of the Convention, and particularly information on the number of criminal cases brought under section 200 of the Penal Code. The Committee requests the Government once again to provide a copy of the Basic Law establishing the duties of the Ombudsperson of the Republic.

6. Part V of the report form. Statistics. The Committee notes that the Government provides no statistical information in its report. It notes the Government’s undertaking to set up a data base as soon as possible. The Committee hopes that the Government will be in a position to provide recent statistics in its next report, disaggregated by sex, race and ethnic origin, on the distribution of the population in the various sectors of the economy and in occupations.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that for some years, section 14(2) of Act No. 92-570 of 1992 issuing general regulations for the public service allows access to certain positions to be reserved for persons of one or the other sex on the basis of physical aptitude. The Committee observes that the Government has previously expressed its intention to repeal this provision, and notes with regret that according to its report, section 14 was not revised when the general public service regulations were reviewed. It notes, however, that the Government has renewed its resolve to take into account the concern that section 14 has caused as regards observance of equality between the sexes in treatment and access to the public service. The Committee requests the Government to amend section 14 so as to ensure its conformity with the Convention. It requests the Government to provide information on the measures taken or envisaged in the context of the Social Forum to revise this provision, and to send additional information on progress made in this respect.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2(a) of the Convention. The Committee recalls its comments concerning the draft decree on wages intended to replace the Decree of 9 February 1973 and notes that the draft decree was not adopted because the Government had, in the meantime, decided to revise the Labour Code itself. The Committee notes, however, the Government’s indication that the revision of the Labour Code is not yet complete. It therefore asks the Government to provide further information in its next report on the revision of the Labour Code with regard to wages and hopes that any amendments made will promote the application of the Convention.

2. Article 3. Job evaluation. The Committee has been encouraging the Government to undertake an analytical study of the position and pay of men and women in all job categories, within and between the various sectors, with a view to addressing the problem of the continuing wage gap between women and men and exploring possibilities for the use of objective job evaluation methodologies. Noting that no such measures have been taken to date, but that the Government has expressed interest in undertaking such a study with the assistance of the ILO, the Committee again hopes that this assistance will be made available and asks the Government to provide information on any measures taken in this regard.

3. Article 4. Cooperation with the social partners. The Committee asks the Government to provide information in its next report on the wage-setting activities of the Consultative Labour Commission and the joint committees relating to the application of the Convention such as information on the job evaluation methods applied by these bodies in the determination of wages.

4. Labour inspection. The Government reports that, in order to ensure payment of equal remuneration for men and women, labour inspectors undertake awareness‑raising activities with the social partners through seminars and workshops in addition to carrying out workplace inspections to guarantee compliance with the relevant legislation. The Committee asks the Government to provide more detailed information on the labour inspectorate’s awareness‑raising activities for the social partners including the number of events held, the participants in attendance and the materials and methods used to sensitize workers and employers about the practical application of equal remuneration for men and women for work of equal value. With respect to workplace inspections, the Committee requests information on the number and nature of equal remuneration violations reported by the labour inspectors, and on how the inspectors deal with such violations.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. The Committee recalls that article 17 of the Constitution, adopted in 2000 regarding equal access to public and private employment, does not cover the grounds of race, colour, national extraction and social origin, which are included under Article 1(1)(a) of the Convention. It further recalls, however, that while the Government acknowledged the insufficient protection afforded by article 17, it has taken the view that section 4 of the Labour Code is adequate to prohibit any discrimination. Having noted that the Labour Code only applies to work performed under an employment contract and that it also does not apply to the public service, the Committee notes the Government’s response that section 4 does indeed apply to the public service by virtue of the fact that public employees have employment contracts with the State. In this respect, the Committee asks the Government to clarify how the Labour Code protects public employees from discrimination given that article 2, paragraph 3, appears to exclude individuals appointed to permanent employment in the public administration, as well as workers employed in the service of the State, from the application of the Code. It further asks the Government to indicate how individuals who perform work without an employment contract are protected from discrimination.

2. Equal opportunity between men and women. The Government indicates that the Ministry for the Promotion of Women is committed to gender equality and to ensuring a greater representation of women in all sectors of activity and positions of responsibility, and states that NGOs are equally active towards achieving a greater representation of women in the public and private sectors. The Government reaffirms that the law does not prevent access to employment based on gender, but in fact forbids such exclusions. The Committee wishes to remind the Government that, while the absence of discriminatory laws is an important element towards attaining equal opportunity, promoting equality in employment and occupation in the sense of Articles 2 and 3 of the Convention necessarily includes the adoption and implementation of more proactive measures. The Committee also reminds the Government of the importance of collecting and analysing statistical information to be able to assess the progress made towards equal opportunity and to better understand the challenges that still remain. It notes in this respect the Government’s indication that it is unable to provide reliable statistics on the participation of men and women in education and vocational training. The Committee asks the Government to include information in its next report on the activities in place or under consideration by the Ministry for the Promotion of Women to promote equal opportunities for women in employment and occupation, along with details on the work of other institutions in this regard. The Committee hopes that the Government will soon be in a position to provide full information on the participation of men and women in vocational education and training and in public and private employment, including information on the number of men and women engaged in the various occupations, fields of activity and levels of responsibility.

3. The Committee recalls its comments under Equal Remuneration Convention, 1951 (No. 100) concerning section 14(2) of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. While the Government previously indicated that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries, it stated that the provisions in question have never been applied in respect of the recruitment of officials and that they will soon be abrogated. Noting that the Government does not report any developments in this regard, the Committee asks the Government to provide information on the progress made in amending section 14 of Act
No. 92-570 of 1992.

4. Political opinion and other grounds of discrimination. In view of the security situation in the country, the Committee is concerned that the existing political tensions may contribute to the discriminatory treatment of individuals in employment, particularly in the public sector. The Government is therefore asked, in the light of these difficult circumstances, to indicate how it prohibits discrimination and ensures equal access and treatment in the public sector, particularly with respect to political opinion, religion, race and national extraction.

5. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite committee established to deal with ILO matters is consulted regularly on all legal and regulatory matters concerning non-discrimination and the promotion of equality in employment. It asks the Government for more detailed information on the recommendations and activities of the tripartite committee with respect to the application of Convention No. 111, along with any other initiatives or programmes undertaken in cooperation with the social partners to promote equality and non-discrimination in employment and occupation.

6. Parts III and IV of the report form. Noting that the labour inspectorate closely follows the practical application of section 4 of the Labour Code, the Committee requests information from the Government on the findings of the inspectorate with regard to discrimination in employment and occupation including data on the number of inspections conducted, the violations identified and the action taken as a result. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention including information on the number of prosecutions under section 200 of the Criminal Code and the outcome of these cases. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Recalling its comments concerning the draft Decree on wages intended to replace the Decree of 9 February 1973, the Committee notes that that draft decree was not adopted because the Government had in the meantime decided to revise the Labour Code itself. It therefore asks the Government to provide further information on the revision of the Labour Code with regard to wages and hopes that any amendments made will promote the application of the Convention.

2. The Committee recalls its comments concerning section 14(2) of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. While the Government previously indicated that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries, it states in its most recent report that the provisions in question have never been applied in respect of the recruitment of officials and that they will soon be abrogated. Noting the linkage of this subject to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to provide information on the progress made in amending section 14 of Act No. 92-570 of 1992 in its next report under Convention No. 111 as well.

3. In its previous comments, the Committee encouraged the Government to undertake an analytical study of the position and pay of men and women in all job categories within and between the various sectors with a view to addressing the problem of the continuing wage gap between women and men based on sex and exploring possibilities for the use of objective job evaluation methodologies. Noting the Government’s expressed interest to undertake such a study with the assistance of the ILO, the Committee hopes that such assistance will be made available and asks the Government to provide information on any measures taken in this regard.

4. As the Government’s report does not fully reply to point 4 of its previous direct request, the Committee once again asks the Government to provide information on the measures taken by the labour inspectors to ensure equal remuneration, the number and nature of violations of the principle of equal remuneration for men and women for work of equal value reported by the labour inspectors, and the methods applied by the inspectors when dealing with violations.

5. Please indicate whether any promotional activities, including in cooperation with workers’ and employers’ organizations, are undertaken with regard to the promotion of equal pay between men and women.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee recalls that article 30 of the Constitution adopted in 2000 provides that the Republic of Côte d’Ivoire guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion. Article 17 states that access to private and public employment is equal for all and that any discrimination is prohibited in access to or exercise of employment on the grounds of sex, political, religious or philosophical opinion. In its previous comments, the Committee pointed out that article 17 does not cover the grounds of race, colour, national extraction and social origin, which are prohibited under the Convention, and requested the Government to provide information on the measures taken to ensure the elimination of discrimination in employment and occupation in the basis of the grounds not covered by the Constitution. In this regard, the Committee notes the Government’s statement that the provisions of article 17 of the Constitution were indeed insufficient. However, the Government takes the view that section 4 of the Labour Code was adequate to exclude any discrimination. While the Committee recalls that section 4 of the Labour Code prohibits employment discrimination in accordance with the Convention, including on the grounds of race, national extraction and social origin, it also notes that the Labour Code applies only to work performed under an employment contract and that it also does not apply to the public service. The Government is requested to provide information on the application of section 4 of the Labour Code in practice, as well as on the measures taken to ensure the elimination of discrimination on the grounds of race, colour, national extraction and social origin with regard to public employment and to work performed without an employment contract.

2. With reference to its previous comments concerning the fact that the 2000 Constitution did not maintain the former Constitution’s clause declaring that any manifestation of racial discrimination is punishable by law (article 6(2) of the former Constitution), the Government referred to section 200 of the Criminal Code which makes refusing anybody access to employment only on the grounds of race, ethnicity or religion a punishable offence. The Committee takes note of the Government’s indication, while regretting that the constitutional protection from racial discrimination has been weakened by the Constitution of 2000. The Government is requested to provide information on the application of section 200 of the Criminal Code in practice, including the number of incidences prosecuted and the results of these cases. Please also provide information on the enforcement of section 4 of the Labour Code.

3. With regard to equality of opportunity and treatment of women and men, the Committee notes that the Government has not provided any information on the situation of men and women in the labour market, as requested. The Committee therefore hopes that the Government will make every effort to provide, in its next report, full information on the participation of men and women in occupational education and training and in public and private employment, including information on the percentage of men and women engaged in the various occupations, fields of activity and levels of responsibility. The Government is also requested to indicate any proactive measures taken or envisaged to promote gender equality in the labour market.

4. The Committee notes the adoption of Act No. 2002-43 of 21 January 2002 on regulating the employment of prefects and that section 9 of the Act specifically provides that, regarding access to the positions covered by the Act, no distinction between men and women shall be made. The Committee also notes section 4 of the Act No. 2001-479 of 9 August 2001 on the personnel of the national police, which provides that candidates of both sexes can apply for employment with the national police if they fulfil certain conditions, including the physical and intellectual requirements to exercise the functions of a police officer. The Government is asked to provide information on the gender composition of the corps of prefects and the personnel of the national police in its next report.

5. The Committee notes that the Government did not provide any information concerning point 4 of its previous direct request. It therefore requests the Government once again to supply in its next report data on the number of inspections conducted, the violations related to discrimination identified and the action taken. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

6. With respect to cooperation with workers’ and employers’ organizations, the Committee notes that a tripartite committee to deal with ILO matters has been established by Decree No. TFP/DTR of 9 January 2003. The Government is asked to bring issues concerning the application of the Convention to the attention of this Committee and to respect any relevant activities it undertakes with regard to the application of the Convention. Please also indicate any other initiative or programme undertaken with the social partners to promote equality and non-discrimination in employment and occupation.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report on the application of the Convention. The Government is asked to provide information on the following points:

1. Recalling its comments concerning the draft Decree on wages intended to replace the Decree of 9 February 1973, the Committee notes that that draft decree was not adopted because the Government had in the meantime decided to revise the Labour Code itself. It therefore asks the Government to provide further information on the revision of the Labour Code with regard to wages and hopes that any amendments made will promote the application of the Convention.

2. The Committee recalls its comments concerning section 14(2) of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. While the Government previously indicated that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries, it states in its most recent report that the provisions in question have never been applied in respect of the recruitment of officials and that they will soon be abrogated. Noting the linkage of this subject to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to provide information on the progress made in amending section 14 of Act No. 92-570 of 1992 in its next report under Convention No. 111 as well.

3. In its previous comments, the Committee encouraged the Government to undertake an analytical study of the position and pay of men and women in all job categories within and between the various sectors with a view to addressing the problem of the continuing wage gap between women and men based on sex and exploring possibilities for the use of objective job evaluation methodologies. Noting the Government’s expressed interest to undertake such a study with the assistance of the ILO, the Committee hopes that such assistance will be made available and asks the Government to provide information on any measures taken in this regard.

4. As the Government’s report does not fully reply to point 4 of its previous direct request, the Committee once again asks the Government to provide information on the measures taken by the labour inspectors to ensure equal remuneration, the number and nature of violations of the principle of equal remuneration for men and women for work of equal value reported by the labour inspectors, and the methods applied by the inspectors when dealing with violations.

5. Please indicate whether any promotional activities, including in cooperation with workers’ and employers’ organizations, are undertaken with regard to the promotion of equal pay between men and women.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and requests the Government to provide information on the following points.

1. The Committee recalls that article 30 of the Constitution adopted in 2000 provides that the Republic of Côte d’Ivoire guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion. Article 17 states that access to private and public employment is equal for all and that any discrimination is prohibited in access to or exercise of employment on the grounds of sex, political, religious or philosophical opinion. In its previous comments, the Committee pointed out that article 17 does not cover the grounds of race, colour, national extraction and social origin, which are prohibited under the Convention, and requested the Government to provide information on the measures taken to ensure the elimination of discrimination in employment and occupation in the basis of the grounds not covered by the Constitution. In this regard, the Committee notes the Government’s statement that the provisions of article 17 of the Constitution were indeed insufficient. However, the Government takes the view that section 4 of the Labour Code was adequate to exclude any discrimination. While the Committee recalls that section 4 of the Labour Code prohibits employment discrimination in accordance with the Convention, including on the grounds of race, national extraction and social origin, it also notes that the Labour Code applies only to work performed under an employment contract and that it also does not apply to the public service. The Government is requested to provide information on the application of section 4 of the Labour Code in practice, as well as on the measures taken to ensure the elimination of discrimination on the grounds of race, colour, national extraction and social origin with regard to public employment and to work performed without an employment contract.

2. With reference to its previous comments concerning the fact that the 2000 Constitution did not maintain the former Constitution’s clause declaring that any manifestation of racial discrimination is punishable by law (article 6(2) of the former Constitution), the Government referred to section 200 of the Criminal Code which makes refusing anybody access to employment only on the grounds of race, ethnicity or religion a punishable offence. The Committee takes note of the Government’s indication, while regretting that the constitutional protection from racial discrimination has been weakened by the Constitution of 2000. The Government is requested to provide information on the application of section 200 of the Criminal Code in practice, including the number of incidences prosecuted and the results of these cases. Please also provide information on the enforcement of section 4 of the Labour Code.

3. With regard to equality of opportunity and treatment of women and men, the Committee notes that the Government has not provided any information on the situation of men and women in the labour market, as requested. The Committee therefore hopes that the Government will make every effort to provide, in its next report, full information on the participation of men and women in occupational education and training and in public and private employment, including information on the percentage of men and women engaged in the various occupations, fields of activity and levels of responsibility. The Government is also requested to indicate any proactive measures taken or envisaged to promote gender equality in the labour market.

4. The Committee notes the adoption of Act No. 2002-43 of 21 January 2002 on regulating the employment of prefects and that section 9 of the Act specifically provides that, regarding access to the positions covered by the Act, no distinction between men and women shall be made. The Committee also notes section 4 of the Act No. 2001-479 of 9 August 2001 on the personnel of the national police, which provides that candidates of both sexes can apply for employment with the national police if they fulfil certain conditions, including the physical and intellectual requirements to exercise the functions of a police officer. The Government is asked to provide information on the gender composition of the corps of prefects and the personnel of the national police in its next report.

5. The Committee notes that the Government did not provide any information concerning point 4 of its previous direct request. It therefore requests the Government once again to supply in its next report data on the number of inspections conducted, the violations related to discrimination identified and the action taken. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

6. With respect to cooperation with workers’ and employers’ organizations, the Committee notes that a tripartite committee to deal with ILO matters has been established by Decree No. TFP/DTR of 9 January 2003. The Government is asked to bring issues concerning the application of the Convention to the attention of this Committee and to respect any relevant activities it undertakes with regard to the application of the Convention. Please also indicate any other initiative or programme undertaken with the social partners to promote equality and non-discrimination in employment and occupation.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee noted in its previous comments that a new Constitution was adopted by referendum on 23 July 2000. It noted that the general principle of equality before the law is affirmed in article 30, which provides that the Republic of Côte d’Ivoire "guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion". With regard to employment and occupation, the Committee noted that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion." The Committee recalled that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1(1)(a) of the Convention. Noting that the Government did not reply to its previous comments, the Committee must ask again for information on the measures taken to ensure the elimination of any discrimination in employment and occupation in practice, on the basis of race, colour, national extraction and social origin, which are not mentioned in the prohibited grounds of discrimination in employment in the new Constitution.

2. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "all particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and noted that this provision has been replaced in the current Constitution by article 10, which provides that "any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited". The Committee noted that, while the new provision now covers religious hatred, it no longer punishes discrimination. The Committee notes that the Government did not reply to the previous comments; therefore it must again ask for information on the measures taken or envisaged to combat racial and ethnic discrimination, in particular in the field of employment, including the penalties which can be imposed in cases of propaganda of a racial or ethnic character. Finally, the Committee once again asks the Government for a copy of the Organic Act determining the functions of the Mediator of the Republic.

3. The Committee notes that the Government did not supply any statistical data on women’s and men’s participation in employment, occupation and training. It also notes the list of Acts adopted to ensure equality of opportunity and treatment both in the public and private sector. However, the Committee must recall that the legal prohibition of discrimination, while essential, is not sufficient to eliminate discrimination or achieve equality in actual practice. In this regard, the Committee notes the Government’s statement that in practice, given the same level of education, employers prefer male workers over female ones, and that this may be explained by the protection that women benefit from under the national labour law. Noting that this preference also may reflect negative attitudes or stereotypes of women’s participation in the labour market, the Committee urges the Government to consider undertaking positive measures in order to enhance women’s participation in employment, occupations and training and to correct de facto inequalities. Moreover, the Committee would appreciate receiving information on the educational and awareness-raising programmes established to secure the acceptance and observance of the principle set forth in the Convention. Further to the issue of protection of women in labour law, the Government may wish to undertake a review of all existing legislation, in consultation with representatives of employers’ and workers’ organizations and women workers to assess any special provisions for women to determine their necessity and appropriateness in view of the objective of equal opportunity and treatment, and in light of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and treatment. Please also supply statistical data on men’s and women’s participation in the labour market, both in private and public sectors.

4. The Committee notes the Government’s statement that no particular difficulties have been encountered in the application of the Convention. However, it also notes that the Government did not supply any information on labour inspection, or on any decisions by courts of law concerning the application of the Convention. The Committee is concerned by these statements given that no difficulties usually means a lack of awareness and/or insufficient complaint or inspection mechanism. Therefore, the Committee requests the Government to supply in its next report data on the number of inspections conducted, the violations identified and the action taken. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention.

5. Regarding the cooperation with workers’ and employers’ organizations, the Committee notes the information in the Government’s report on the tripartite structure of the Technical Committee on Hygiene and Safety and on the Consultative Commission of Labour. The Committee would appreciate receiving information on the form this collaboration assumes in practice, recalling that workers’ and employers’ cooperation is aimed to prepare and monitor the application of measures adopted within the framework of the national policy referred to in Article 2 of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that, since the arrival of the Government’s report, a new Constitution was adopted by referendum on 23 July 2000, thereby bringing an end to the Constitutional Act of 27 December 1999, which had suspended the Constitution of Côte d’Ivoire of 3 November 1960. The Committee notes that the new Constitution includes a Title I, entitled "On freedoms, rights and duties", as well as a Title XI, establishing the function of Mediator of the Republic (articles 115-118). The Committee notes that the general principle of equality before the law is affirmed in article 30, which provides that the Republic of Côte d’Ivoire "guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion". With regard more specifically to employment and occupation, the Committee notes that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion". The Committee notes that article 17 only refers to three of the seven criteria of discrimination which are formally prohibited in relation to employment and occupation by the Convention and it wishes to recall that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. For this reason, in the absence of any explicit mention of race, colour, national extraction and social origin in article 17 of the new Constitution, the Committee would be grateful to be provided with information on the measures taken to ensure the elimination of any discrimination in employment and occupation on the basis of these four criteria. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "All particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and notes that this provision has not been reproduced in the current Constitution, article 10 of which provides that "Any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited." The Committee notes that while the new provision now covers religious hatred, it no longer punishes discrimination. It therefore requests the Government to provide information on the measures which have been taken or are envisaged to combat racial and ethnic discrimination in general, and particularly in the field of employment, including the penalties which can be imposed in cases of particularist propaganda of a racial or ethnic character. The Committee would also be grateful if the Government would provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

2. The Committee notes the information contained in the Government’s report, including the statistics on the distribution of women at the various grades in the public service, and particularly in the higher functions of the State. It notes that the number of women occupying functions of responsibility is, in absolute numbers, relatively low (for example, five ambassadors, one prefect, 25 sub-prefects, two heads of ministerial offices, 25 central directors, eight directors of national public establishments, 40 regional directors, three police commissioners). However, as the statistics do not indicate, in relation to these figures, the number of men in identical positions, it is impossible for the Committee to evaluate the real role played by women in the higher levels of the public service. The Committee therefore requests the Government to indicate in its next report the respective numbers (or percentages) of men and women in the above positions so that it can ascertain the real role of women in the higher levels of the public service. In this respect, the Committee recalls that in its previous comment it requested information on the percentage of women occupying positions of responsibility in the private sector. The Committee notes that the Government confines itself in its report to stating merely that "as in the public sector, women occupy positions of responsibility in the private sector". It therefore repeats its initial request, namely for information on the percentage of women occupying such positions in the private sector.

3. The Committee draws attention to the essential role that organizations of employers and workers have to play in promoting the principle of equality at the workplace and therefore requests the Government to indicate the measures which have been taken to seek the active collaboration of the social partners in the application of the national policy of equality of opportunity and treatment in employment and occupation.

4. The Committee notes that the Government’s report makes no reference to the question of the practical measures taken for the active promotion of equality of opportunity and treatment in employment and occupation for women in all sectors, including for example micro-projects implemented to reduce the rate of unemployment among women, and it recalls that the mere prohibition of discrimination in the legislation is not sufficient to eliminate it in practice. Indeed, experience shows that discrimination in employment and occupation is rarely due to laws or regulations establishing direct discrimination, but is more frequently a result of practices based on stereotypes which mainly concern women or certain vulnerable or minority groups in society. The Committee therefore wishes to draw attention to the need, under the terms of Articles 2 and 3 of the Convention, to correct inequalities which occur in practice through the adoption of affirmative measures designed to enable women, as well as members of groups which suffer discrimination based on the other criteria prohibited by the Convention, to participate in working life in all sectors of activity and occupations and at all levels of responsibility. The Committee trusts that in its next report the Government will provide detailed information on the measures which have been taken or are envisaged in practice to promote the participation of women in the labour market, as well as the members of all the various ethnic groups, in both quantitative and qualitative terms. The Committee also hopes that this report will contain information on micro-projects intended to promote the access of women to employment, including statistical data on the impact of these micro-projects in practice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report on the application of the Convention.

1.  The Committee notes the Government’s statement to the effect that the draft decree on wages intended to replace the Decree of 9 February 1973, which has been under discussion since 1996, has been approved by the social partners in the Advisory Labour Commission. It asks the Government to keep it informed as to the adoption of the text, and hopes to receive a copy when it has been adopted.

2.  The Committee notes the Government’s reply to its question concerning section 14 of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. The Government states that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries. The Committee would be grateful if the Government would provide a list of these positions.

3.  The Committee refers to its previous comments concerning a study on the evaluation and classification of jobs, which the Government had envisaged undertaking earlier, but which it had not been able to undertake in the end due to financial constraints (see the report of 1993 and the Committee’s subsequent comments). The Committee has since noted the Government’s statement to the effect that the evaluation of jobs must be based on objective considerations founded essentially on criteria such as the nature of jobs and the hazards that they involve. In its general observation of 1998 on this Convention, the Committee emphasized that, in order to apply the Convention fully, efforts must be made by governments which go beyond the mere removal of male and female wage classifications. It emphasized the need for an analysis of the position and pay of men and women in all job categories within and between the various sectors with a view to addressing the problem of the continuing remuneration gap between men and women based on sex. The Committee once again encourages the Government to endeavour to undertake this study, if necessary requesting assistance from the ILO, and including if possible statistics on the wage rates and average earnings of men and women in the public and private sectors, if possible by occupation, branch of activity, seniority and skills level, and the participation rates of women in the various occupations.

4.  The Committee notes the areas of responsibility of the Ministry of Employment, Public Service and Social Welfare Service in the application and supervision of labour legislation. This function is carried out with the assistance of the labour inspection services, which are decentralized and distributed throughout the national territory. The Committee would be grateful if the Government would provide information on equal remuneration, the number and nature of the violations reported, the methods of dealing with violations and the means of recourse available to persons who consider that they have suffered wage discrimination.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes that, since the arrival of the Government’s report, a new Constitution was adopted by referendum on 23 July 2000, thereby bringing an end to the Constitutional Act of 27 December 1999, which had suspended the Constitution of Côte d’Ivoire of 3 November 1960. The Committee notes that the new Constitution includes a Title I, entitled "On freedoms, rights and duties", as well as a Title XI, establishing the function of Mediator of the Republic (articles 115-118). The Committee notes that the general principle of equality before the law is affirmed in article 30, which provides that the Republic of Côte d’Ivoire "guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion". With regard more specifically to employment and occupation, the Committee notes that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion". The Committee notes that article 17 only refers to three of the seven criteria of discrimination which are formally prohibited in relation to employment and occupation by the Convention and it wishes to recall that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. For this reason, in the absence of any explicit mention of race, colour, national extraction and social origin in article 17 of the new Constitution, the Committee would be grateful to be provided with information on the measures taken to ensure the elimination of any discrimination in employment and occupation on the basis of these four criteria. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "All particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and notes that this provision has not been reproduced in the current Constitution, article 10 of which provides that "Any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited." The Committee notes that while the new provision now covers religious hatred, it no longer punishes discrimination. It therefore requests the Government to provide information on the measures which have been taken or are envisaged to combat racial and ethnic discrimination in general, and particularly in the field of employment, including the penalties which can be imposed in cases of particularist propaganda of a racial or ethnic character. The Committee would also be grateful if the Government would provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

2.  The Committee notes the information contained in the Government’s report, including the statistics on the distribution of women at the various grades in the public service, and particularly in the higher functions of the State. It notes that the number of women occupying functions of responsibility is, in absolute numbers, relatively low (for example, five ambassadors, one prefect, 25 sub-prefects, two heads of ministerial offices, 25 central directors, eight directors of national public establishments, 40 regional directors, three police commissioners). However, as the statistics do not indicate, in relation to these figures, the number of men in identical positions, it is impossible for the Committee to evaluate the real role played by women in the higher levels of the public service. The Committee therefore requests the Government to indicate in its next report the respective numbers (or percentages) of men and women in the above positions so that it can ascertain the real role of women in the higher levels of the public service. In this respect, the Committee recalls that in its previous comment it requested information on the percentage of women occupying positions of responsibility in the private sector. The Committee notes that the Government confines itself in its report to stating merely that "as in the public sector, women occupy positions of responsibility in the private sector". It therefore repeats its initial request, namely for information on the percentage of women occupying such positions in the private sector.

3.  The Committee draws attention to the essential role that organizations of employers and workers have to play in promoting the principle of equality at the workplace and therefore requests the Government to indicate the measures which have been taken to seek the active collaboration of the social partners in the application of the national policy of equality of opportunity and treatment in employment and occupation.

4.  The Committee notes that the Government’s report makes no reference to the question of the practical measures taken for the active promotion of equality of opportunity and treatment in employment and occupation for women in all sectors, including for example micro-projects implemented to reduce the rate of unemployment among women, and it recalls that the mere prohibition of discrimination in the legislation is not sufficient to eliminate it in practice. Indeed, experience shows that discrimination in employment and occupation is rarely due to laws or regulations establishing direct discrimination, but is more frequently a result of practices based on stereotypes which mainly concern women or certain vulnerable or minority groups in society. The Committee therefore wishes to draw attention to the need, under the terms of Articles 2 and 3 of the Convention, to correct inequalities which occur in practice through the adoption of affirmative measures designed to enable women, as well as members of groups which suffer discrimination based on the other criteria prohibited by the Convention, to participate in working life in all sectors of activity and occupations and at all levels of responsibility. The Committee trusts that in its next report the Government will provide detailed information on the measures which have been taken or are envisaged in practice to promote the participation of women in the labour market, as well as the members of all the various ethnic groups, in both quantitative and qualitative terms. The Committee also hopes that this report will contain information on micro-projects intended to promote the access of women to employment, including statistical data on the impact of these micro-projects in practice.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information contained in the Government's report. The Committee also notes that the Bill respecting remuneration to amend the Decree of 9 February 1973 in this regard has not been adopted since it is still in the drafting phase and that the Bill should shortly be submitted to the social partners of the Consultative Labour Committee. The Committee requests the Government to inform it in its next report of any progress achieved in this respect and to provide a copy of the text as soon as it has been adopted.

2. The Committee notes that the Government's report does not respond to point 3 of the Committee's previous direct request concerning the draft study on the evaluation and classification of jobs referred to in the Government's previous reports. The Committee notes, however, the information contained in the Government's report to the effect that the methods for evaluating jobs must take into consideration objective factors essentially based on the description, the difficulty and the element of danger of the work involved as well as the general occupational risks faced by workers (section 31.3(3) of the Labour Code). The Committee also notes the provisions of sections 31.2 and 31.4 of the Labour Code. The Committee requests the Government to provide information on the practical application of all of the provisions used to determine wage rates over and above the minimum statutory wage, taking into account the principle of equal remuneration for work of equal value. The Committee refers the Government to paragraphs 141 and 142 of the General Survey on equal remuneration.

3. The Committee notes that the Labour Code does not include persons appointed to a permanent position of public official in the public administration, to public servants exercising a function in the name of the State or to public legal entities (section 2 of the Labour Code) who are governed by Act No. 92-570 of 11 September 1992 respecting the general statute of public servants. This provides, under section 14 of the Act, in particular, that no distinction should be made between men and women in respect of recruitment to the public service, but that the specific criteria may, in respect of the physical or particular constraints of certain functions, preclude the recruitment of one or other sex. The Committee requests the Government to indicate all the possible consequences of this provision in determining the categories, grades and remuneration of these public servants.

4. The Committee notes that the provisions of section 4 of the Labour Code stipulating that an employer may not take into consideration the sex, age, national extraction, race, religion, political and religious opinion, social origin, membership or non-membership to a trade union and trade union activities of workers to determine, in particular, the advancement, promotion, remuneration and the granting of social advantages, do not apply to workers in the agricultural sector and the economic role of women in the world of work and requests the Government to provide any relevant information concerning the measures adopted to apply the Convention in this sector.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information provided by the Government and, in particular, the statistical data furnished. The Committee notes the Government's statement to the effect that the percentage of women employed in the private and semi-private sectors as well as in the public administration has increased compared with the percentage registered in 1992. The Committee notes the percentage of women occupying positions of responsibility in the public administration and requests the Government to provide statistical data in respect of women occupying positions of responsibility in the private sector. The Committee notes, however, that there has not been any significant progress with regard to promoting the participation of women in the labour market between 1980 and 1996. The Committee also requests the Government to indicate the measures adopted to encourage equality of opportunity and treatment for women in the private, semi-private and public sectors.

2. The Committee notes that, according to the Government's report, the micro-projects implemented by the Ministry for the Situation of the Family and the Promotion of Women has enabled a large number of women to secure employment in the industrial and commercial sectors, thereby reducing the level of female unemployment. The Committee requests the Government to furnish statistical data in respect of the number of micro-projects which have been implemented and information with regard to other projects and activities designed to promote the principle of equality of opportunity and treatment and access to employment by women.

3. Moreover, the Committee notes with interest the adoption of the Military Code which provides for the admission to military service of young persons of both sexes (section 81 and subsequent sections of Act No. 95-695 of 7 September 1995), referred to in the Government's last report.

4. The Committee refers to the provisions of section 4 of the Labour Code which cites the criteria for discrimination as established under Article 1, paragraph 1(a), of the Convention and requests the Government to provide detailed information in respect of the measures taken or envisaged to promote the equality of opportunity and treatment of women in employment and occupation. The Committee requests the Government to indicate, in particular, the practical application of the regulations relative to vocational training and apprenticeship (Decrees Nos. 96-285 and 286 of 3 April 1996).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest that, in the context of the measures taken under the new Labour Code, a draft Decree respecting wages, intended to replace the Decree of 9 February 1973 on the same subject, is currently being examined by the Government. The Committee requests the Government to indicate in its next report the progress achieved in the adoption of the above Decree and to transmit a copy of it when it is adopted.

2. Noting that the report does not contain a reply to the third point of its previous direct request, the Committee once again requests the Government to provide information in its next report on the measures that have been taken or are envisaged, with or without the technical assistance offered by the ILO, to follow up the draft study on the evaluation and classification of jobs referred to in its previous reports. It refers the Government in this respect to paragraphs 138 to 150 of its 1986 General Survey on equal remuneration, in which it explains the various methods of evaluating jobs and their use for the application of the principles set out in the Convention. While awaiting the completion of the draft text and the implementation of its results, the Committee requests the Government to provide information on the criteria used in practice to determine wage rates above the minimum legal wage, taking into account the principle of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read, in part, as follows:

(...)

2. The Committee notes from the report that the Government is making a substantial effort to promote the access of women to training and employment, and particularly to open up to women in a definitive manner the trades and occupations that are traditionally reserved for men. From the statistical data provided, the Committee notes that, despite these efforts, the percentage of women employed in the private and parapublic sectors (8 per cent in 1992) and in the public administration (22 per cent in 1992) remains relatively low, particularly in certain ministries, functions and posts, and especially at the level of managers and directors. For example, in the Ministry of Justice, the judicial staff included 10 per cent of women in 1994, of which 1.5 per cent were secretaries of clerks and the courts: the percentage was 18.11 per cent in the Ministry of the Interior, including two women in positions of responsibility: in the Ministry of Equipment, Transport and Telecommunications, 8 per cent of the staff were women, including 5 per cent of public servants, 25 per cent of temporary officials and 15 per cent of officials employed on a daily basis. The Committee requests the Government to continue supplying detailed information on the specific measures taken and the results achieved (including statistical data) in attaining a substantial increase in the participation of women in employment in the public and private sectors, and particularly in trades and occupations where men are still predominant.

3. The Committee notes with interest that the draft Military Code submitted to the National Assembly provides for the admission to military service of young persons of both sexes. It requests the Government to keep it informed of the adoption of this Code and to supply a copy of it.

4. The Committee notes that the Government has established social funds for the implementation of micro-projects by the Ministry for the Situation of the Family and the Promotion of Women. It would be grateful if the Government would provide information on the impact of these micro-projects and other activities carried out by this Ministry to promote the access of women to employment and training.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes with interest that, in the context of the measures taken under the new Labour Code, a draft Decree respecting wages, intended to replace the Decree of 9 February 1973 on the same subject, is currently being examined by the Government. The Committee requests the Government to indicate in its next report the progress achieved in the adoption of the above Decree and to transmit a copy of it when it is adopted.

2. Noting that the report does not contain a reply to the third point of its previous direct request, the Committee once again requests the Government to provide information in its next report on the measures that have been taken or are envisaged, with or without the technical assistance offered by the ILO, to follow up the draft study on the evaluation and classification of jobs referred to in its previous reports. It refers the Government in this respect to paragraphs 138 to 150 of its 1986 General Survey on equal remuneration, in which it explains the various methods of evaluating jobs and their use for the application of the principles set out in the Convention. While awaiting the completion of the draft text and the implementation of its results, the Committee requests the Government to provide information on the criteria used in practice to determine wage rates above the minimum legal wage, taking into account the principle of equal remuneration for work of equal value.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with satisfaction that a new Labour Code has been adopted and enacted by Act No. 95-15 of 12 January 1995 and that the lLO's comments concerning, among other matters, the amendment of section L-80 of the former Code and the inclusion in the new Code of a provision to guarantee equal remuneration for work of equal value for workers of both sexes, have been fully taken into consideration. The Committee is addressing a request directly to the Government concerning other points.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the adoption, with the technical assistance of the Office, of Act No. 95-15 of 12 January 1995 to issue the Labour Code, of which the provisions of section 4 are in conformity with Article 1, paragraph 1(a), of the Convention.

2. The Committee notes from the report that the Government is making a substantial effort to promote the access of women to training and employment, and particularly to open up to women in a definitive manner the trades and occupations that are traditionally reserved for men. From the statistical data provided, the Committee notes that, despite these efforts, the percentage of women employed in the private and parapublic sectors (8 per cent in 1992) and in the public administration (22 per cent in 1992) remains relatively low, particularly in certain ministries, functions and posts, and especially at the level of managers and directors. For example, in the Ministry of Justice, the judicial staff included 10 per cent of women in 1994, of which 1.5 per cent were secretaries of clerks and the courts: the percentage was 18.11 per cent in the Ministry of the Interior, including two women in positions of responsibility: in the Ministry of Equipment, Transport and Telecommunications, 8 per cent of the staff were women, including 5 per cent of public servants, 25 per cent of temporary officials and 15 per cent of officials employed on a daily basis. The Committee requests the Government to continue supplying detailed information on the specific measures taken and the results achieved (including statistical data) in attaining a substantial increase in the participation of women in employment in the public and private sectors, and particularly in trades and occupations where men are still predominant.

3. The Committee notes with interest that the draft Military Code submitted to the National Assembly provides for the admission to military service of young persons of both sexes. It requests the Government to keep it informed of the adoption of this Code and to supply a copy of it.

4. The Committee notes that the Government has established social funds for the implementation of micro-projects by the Ministry for the Situation of the Family and the Promotion of Women. It would be grateful if the Government would provide information on the impact of these micro-projects and other activities carried out by this Ministry to promote the access of women to employment and training.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report in reply to its previous direct request.

1. The Committee notes the Government indication that there have not as yet been any major amendments to the national legislation affecting the Convention. It nevertheless notes with interest that the Labour Code is being revised and that the draft new Code, which was sent to the ILO for comments in 1993, guarantees, in section 31.2, equal remuneration for work of equal value for all workers, regardless, inter alia, of their sex. It hopes that the draft new Labour Code will be adopted shortly and that the Government will send a copy of the amended text as soon as possible.

2. Pending the adoption of the new Code, the Committee notes that the Government refers in its report to section L-80 of the Labour Code currently in force which provides that all workers, regardless of their origin, sex, age and status, shall receive equal pay for equal conditions of work, occupational skill and output. The Committee recalls that although evaluation criteria such as a worker's skill or output allow an objective assessment of the performance of different people engaged in work of a similar nature, they are not a sound enough basis for the application of the principle laid down in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. Furthermore, the output criterion could lead to the creation of different wage groups on the basis of the average output of each sex. The Committee therefore asks the Government to indicate any measures taken or contemplated to give practical effect to the principle of equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value.

3. The Committee notes the Government's statement that it has not been possible to implement the project to conduct studies on the evaluation and classification of jobs referred to in its previous reports owing to lack of funds. It adds that it hopes to relaunch the project with ILO assistance. The Committee asks the Government in its next report to provide information on the steps taken to conduct these studies, possibly in cooperation with the ILO, and on the results obtained.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

As regards access to training and employment, the Committee notes with interest on the one hand that, according to the Government's report, the police and military health sectors, in which jobs were traditionally considered to be reserved for men, have just been opened up to women (30 of whom are now in office and 29 undergoing training in the police, while two women have become military doctors). The Committee notes on the other hand the tables for the distribution of staff who are in office or undergoing training in the various ministries and public bodies and the distribution of employees of both sexes by occupational category and sector, which were supplied by the Government. The Committee requests the Government to continue supplying information on this subject and particularly on the measures that have been taken to promote the training and access to employment of women, in view of the wide gap that still exists between the sexes in these fields.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information supplied by the Government in its report.

1. The Committee notes the Government's statement that, in certain cases, wages are paid partly in kind where the worker is a permanent employee and is not a native of the place where the job is located and is unable to obtain adequate accommodation for himself and his family by his own means. The Committee asks the Government to indicate whether employers must also make accommodation available for married women who are heads of family in the same circumstances.

2. The Committee notes with regret that the Government has not provided the information requested in its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request which are reproduced below:

(a) The Committee hopes that the Government will indicate in its next report whether the classification of workers in the various occupational categories set forth in the national regulations is established on the basis of an objective appraisal of jobs based on the work to be performed and, if so, the methods employed in this classification and the manner in which the principle of equal remuneration in the sense of the Convention is ensured in practice in cases where wages are higher than the minimum legal rates, particularly in branches of activity employing a high proportion of women workers.

(b) The Committee noted with interest in this connection that a project to train technicians in the evaluation and classification of jobs is under way with the participation of experts from the ILO. It hopes that the Government will not fail to indicate the action taken following this project and the criteria used in practice to determine the rates of wages that are higher than the minimum legal levels in the various enterprises (whether or not they are covered by the Inter-Occupational Collective Agreement), taking into account the principle of equal remuneration for work of equal value. The Committee again asks the Government to refer in this connection to paragraphs 138 to 150 of its General Survey of 1986 on equal remuneration.

(c) The Committee examined the various decrees respecting the remuneration scales of public officials, including teachers, copies of which were supplied by the Government. It again requests the Government to provide information on the way in which the principle of equal remuneration is applied to employees in the public industrial and commercial establishments covered by Decree No. 75-150 of 11 March 1975.

(d) The Committee also examined the decisions taken by the Classification Committee regarding the applications for reclassification to higher occupational categories made by two male workers. The Committee again requests the Government to indicate whether such applications have been made by women workers and, if so, to supply copies of the decisions reached in their cases.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

As regards access to training and employment, the Committee notes with interest on the one hand that, according to the Government's report, the police and military health sectors, in which jobs were traditionally considered to be reserved for men, have just been opened up to women (30 of whom are now in office and 29 undergoing training in the police, while two women have become military doctors). The Committee notes on the other hand the tables for the distribution of staff who are in office or undergoing training in the various ministries and public bodies and the distribution of employees of both sexes by occupational category and sector, which were supplied by the Government. The Committee requests the Government to continue supplying information on this subject and particularly on the measures that have been taken to promote the training and access to employment of women, in view of the wide gap that still exists between the sexes in these fields.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report and the documentation attached to the report.

1. In these comments, the Committee referred to section 80 of the Labour Code and section 44 of the Inter-Occupational Collective Agreement of 1977 (which is still in force, according to the Government) which require equal working conditions, occupational skills and output for the application of the principle of equal remuneration without distinction on grounds, inter alia, of sex. However, under the terms of the Convention, equal remuneration for men and women workers should be understood as being for work of equal value, which may not be of the same nature nor performed in the same conditions. The Committee therefore requested the Government to indicate how the application is ensured of the principle set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value.

The Government refers in its reply to section 44(2) of the Inter-Occupational Collective Agreement, which sets out that the wages of each worker are determined on the basis of his or her job. The Committee had already examined this agreement and noted that under its sections 47 and 48, and under Decree No. 67-73 of 9 February 1967, which is applicable to workers not covered by the above collective agreement, workers are classified by occupational category according to their jobs. It noted that the wages corresponding to each category of workers covered by the collective agreement are fixed and modified by a joint committee presided over by the Minister of Labour and composed of equal numbers of employers and workers from the trade union organisations concerned. For other workers, the minimum wages applicable to the various occupational categories are established by orders issued by the Minister of Labour after consultation with the Advisory Labour Committee.

The Committee therefore requested the Government to indicate: (a) whether the classification of workers in the various occupational categories referred to by the above texts is established on the basis of an objective appraisal of jobs on the basis of the work to be performed and, if so, the methods employed in this classification; and (b) how the application of the principle of equal remuneration in the sense of the Convention is ensured in practice in cases where wages are higher than the minimum legal rates, and particularly in branches of activity employing a high proportion of women workers.

The Government's report does not contain any reply on this subject, but it does indicate that a project to train technicians in the evaluation and classification of jobs is under way with the participation of experts from the ILO. The Committee notes this information with interest and hopes that the Government will not fail to indicate the action taken following this project and the criteria used in practice to determine the rates of wages that are higher than the minimum legal level in the various enterprises (whether or not they are covered by the Inter-Occupational Collective Agreement), taking into account the principle of equal remuneration for work of equal value. The Committee also requests the Government to refer in this connection to paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration.

2. The Committee notes the Government's statement that the various emoluments (such as seniority bonuses, year-end bonuses, the so-called "shopping basket" bonuses and other allowances) which are not included in the definition of the term "wage", as set out in national regulations and the Inter-Occupational Collective Agreement, are awarded to those concerned without distinction on grounds of sex and that the employers' and workers' organisations consulted state that they have not received any complaint on this subject from women workers.

3. The Committee has also examined the various decrees respecting the remuneration scales of public officials, including teachers, copies of which were supplied by the Government, and it requests the Government also to supply information on the way in which the principle of equal remuneration is applied to employees in the public industrial and commercial establishments covered by Decree No. 75-150 of 11 March 1975.

4. The Committee has also examined the decisions taken by the classification committee regarding the applications for reclassification to higher occupational categories made by two male workers. The Committee requests the Government to indicate whether such applications have been made by women workers and, if so, to supply copies of the decisions reached in their cases.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the detailed information provided by the Government in reply to its previous comments.

1. The Committee notes that information and guidance for young people are the responsibility of the Ministry of Technical Educational and Vocational Training, through two main bodies: the National Education Directorate for Guidance and Scholarships, and the Services of the OSDI (guidance, selection, documentation, information). The purpose of these bodies is to inform the public on all matters related to training and employment and to enable students to obtain adequate guidance for careers that are geared to the needs of the economy. The Committee requests the Government to provide information in its future reports on all progress made as a result of the efforts of the above-mentioned bodies.

2. The Committee notes the Government's statement that there is no discrimination with regard to access to training and employment and that free access to technical and vocational training establishments is standard practice. The Government none the less reports that there are certain disparities in this connection between the various regions of the country, between men and women and between rural and urban areas, which, it considers, are the result of disparities in income or the reflection of socio-cultural behaviour. The Government adds that it is striving to overcome these disparities in a number of ways such as standardising the opening of schools in all regions, establishing vocational training centres and technical schools, combating illiteracy in both rural and urban areas, etc.

3. Regarding, in particular, disparities between the sexes, the Committee notes that the 1981-85 Development Plan is the first of its kind to devote a special chapter to the promotion of women in order to ensure that girls have equal access to education and to provide them with training that is in keeping with the employment requirements of the country's economic development. It also notes that the inclusion of the women's training issue in the 1981-85 Plan coincides with the establishment of the Ministry for the Condition of Women, and that a committee and two subcommittees for the promotion of women have been in operation since 1977. It its report, the Government provides detailed information on the activities of these bodies, including statistical data on the participation of girls at the various levels of school education and vocational training.

The Committee notes this information with interest, but observes that although the participation of girls in the various stages of the education system has risen since independence, it has now reached ceilings of approximately 40 per cent, 30 per cent and 20 per cent in primary, secondary and higher education respectively. It also notes that girls form the majority only in private commercial training institutes and in training for low-skill trades, where results are poor and prospects uncertain, and where they accounted for 63.4 per cent of enrolled students in 1983-84. Finally, the Committee notes that the percentage of girls in public technical and vocational training establishments remains very low, their participation rate having risen from 16.5 per cent to approximately 24.6 per cent in 1983-84, except in schools for paramedical training where the rate reached 44.7 per cent at the same date. The rate is even lower in agricultural schools (8.1 per cent) and in industrial training schools (1.4 per cent).

The Committee hopes that the Government will pursue its efforts to eliminate the disparities and overcome the difficulties mentioned in its report, and to encourage the access of women to education and vocational training, particularly in trades which are not considered as being traditionally for women. The Committee also hopes that the next report will contain information (including statistical data) on any progress made to this end.

4. With regard to the access of women to employment, the Committee notes from the report that the percentage of women in the modern sector is very low - only 10 per cent of the total number of public and private sector employees. However, women are better represented in the public service where they account for 19 per cent of employees, whereas the rate is a mere 6 per cent in the private sector. The Government also indicates that women rarely hold top management posts and that they tend to be concentrated in middle-management and skilled administrative and commercial jobs. Only rarely do women obtain direct access to non-skilled jobs and learn their skill on the job. Vocational training is therefore a prerequisite for access to employment, but not all jobs are accessible to women, particularly in the industrial sector.

The Committee takes note of this information and of the measures planned by the Government to raise awareness among girls, their parents and those responsible for training, about the different branches of training, and the employment opportunities to which they provide access. It hopes that measures will also be taken to create awareness among employers when they are recruiting, and to ensure that the public placement services do not discriminate on grounds of sex in the posts offered to job-seekers. The Committee asks the Government to continue to provide information, including statistics, on any progress made in promoting equality of opportunity between men and women in access to employment.

5. With regard to post and telecommunication staff, the Government states that there is no discrimination between men and women in the jobs offered in this area. However, in order to protect women and in accordance with section 7 of Decree No. 68-24 of 9 January 1968 to establish special rules for post and telecommunication personnel, women are given priority with regard to assignment to jobs other than those involving the handling or transport of mail and home delivery. The Committee notes this information and would like to be kept informed on any future changes in this respect.