Plantations Convention, 1958 (No. 110) - Côte d'Ivoire (RATIFICATION: 1961)

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Part II of the Convention. Engagement and recruitment of migrant workers. Articles 5 to 19. Part XI. Labour inspection. Articles 71 to 84. The Committee notes the information provided by the Government in reply to its 2014 direct request. It notes the Government’s indication that labour inspectors ensure compliance with the Convention with respect to the recruitment and employment of migrant workers. The Government reiterates that the lack of transport facilities prevents the labour inspection services from conducting inspections in the agricultural sector, including on plantations. However, the Government emphasizes that it is committed to increasing the operational resources of labour inspectors to ensure compliance with the provisions of the Convention with regard to migrant workers employed on plantations. The Committee requests the Government to include in its next report precise and detailed information on the measures adopted to increase the operational resources made available to the labour inspectorate and on their specific impact on the work of the labour inspection services on plantations. In addition, the Committee expresses concern at the absence of information on developments regarding the normalization of the situation in the country after the post-electoral crisis, and particularly the conditions of the recruitment and employment of migrant workers on plantations. In its 2013 report, the Government indicated that a register and a map of agricultural undertakings was in the process of being established. Similarly, it indicated that it intended to document the number of workers employed on those undertakings. The Committee requests the Government to provide updated information on the implementation status of the above projects, and to make every effort to ensure that the plantation sector can be regularly inspected by the labour inspection services. In this regard, the Committee once again refers to its comments under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Part XIII (Medical care), Articles 89 to 91. The Government indicates in its report that it is committed to increasing the operational resources of labour inspectors, particularly in order to ensure the safety, health and improvement of the living and working conditions of workers. Regarding the health of plantation workers, the Committee requests the Government to provide information on the results achieved by labour inspectors in enforcing the application of Articles 89 to 91 of the Convention in terms of the preventive action undertaken and the care provided to agricultural workers and their families.

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Part II of the Convention. Engagement and recruitment of migrant workers. Articles 5–19 and Part XI. Labour inspection. Articles 71–84. Further to its previous comment, the Committee notes the Government’s indications that labour inspectors ensure compliance with the Convention with respect to recruitment and employment of migrant workers. The Government states, however, that labour inspection services are still unable to carry out regular controls in plantations for lack of transportation means. In addition, the Committee notes the Government’s explanations about the political, social and economic measures aimed at facilitating the return of migrant agricultural workers as well as internally displaced persons after the resolution of the post-electoral crisis. The Government indicates, for instance, that new schools and dispensaries are being constructed in zones of heavy agricultural activity while a new Ministry for African integration was established with a view to promoting activities for the reinsertion of migrant workers. The Committee requests the Government to keep the Office informed of any further developments concerning the normalization of the situation, particularly as regards the recruitment and employment conditions of migrant plantation workers. The Committee also requests the Government to make every effort to bring the plantation sector within the reach of the labour inspection services and refers in this regard to the comments made under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

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Part II of the Convention (Engagement and recruitment of migrant workers), Articles 5 to 19. The Committee notes the Government’s indications that migrant workers employed in plantations are freely recruited. It requests the Government to indicate the manner in which it ensures that employment offices and employers in plantations comply with the provisions of the Convention in respect of these populations. The Committee also notes that, according to the Government’s report, measures intended to facilitate the return of migrant workers and their families, including a project for the rehabilitation of schools attended by their children, have been adopted following the reunification of the country and the resolution of the post-electoral crisis. The Committee requests the Government to provide further information on all of the measures intended to promote the return of migrant workers and their families, as well as the results that were expected and have been achieved. It would also be interested in receiving numerical data on trends in the recruitment of migrant agricultural workers following the pacification of the internal conflicts.

Part IV (Wages), Articles 24 to 35. The Committee requests the Government to refer to its direct requests made at its session in 2011 under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), and the Protection of Wages Convention, 1949 (No. 95).

Part V (Annual holidays with pay), Articles 36 to 42. The Committee requests the Government to refer to its direct request made at its session in 2011 under the Holidays with Pay Convention, 1936 (No. 52).

Part VI (Weekly rest), Articles 43 to 45. The Committee requests the Government to refer to its direct request made at its session in 2011 under the Weekly Rest (Industry) Convention, 1921 (No. 14).

Part VII (Maternity protection), Articles 46 to 50. The Committee requests the Government to refer to the direct request that it made in 2010 under the Maternity Protection Convention, 1919 (No. 3).

Parts IX and X (Right to organize and collective bargaining; Freedom of association), Articles 54 to 70. The Committee requests the Government to refer to the comments made at its session in 2011 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71 to 84. In its report, the Government expresses its regret that it is difficult to undertake inspections in plantations in view of the lack of resources and means of transport. It adds that it hopes to remedy these shortcomings as rapidly as possible when State resources so permit. Furthermore, from the Government’s report provided under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the project to establish a map of agricultural undertakings and to establish a register of such undertakings. It also notes that, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government undertakes to reinforce the capacities of the actors involved in combating the trafficking of children and carrying through judicial procedures until the conviction of those found guilty. Nevertheless, the Committee raises the question of how the Government envisages proceeding in the total absence of inspections, which are nevertheless an essential prerequisite for the achievement of these objectives. It therefore hopes that the Government will soon be in a position to take all the necessary measures to reinforce the means made available to the labour inspection services responsible for supervising plantations. It also requests the Government to keep the Office informed of any developments relating to the project to establish a register and a map of agricultural undertakings. The Committee also requests the Government to refer to its observations made in 2011 under the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Worst Forms of Child Labour Convention, 1999 (No. 182).

Part XIII (Medical care), Articles 89 to 91. The Committee notes the Government’s indications that combating HIV/AIDS, particularly in agricultural areas, is one of its major concerns. It also notes the action taken by the Government and numerous NGOs to prevent and combat HIV/AIDS with a view to making laboratory and care services available to agricultural workers. Finally, it notes the obligation placed on enterprises in the agro-industrial sector to establish medical services with a doctor responsible, among other action, for raising the awareness of workers and providing care. The Committee requests the Government to provide further information on the operation of these medical services and the results obtained in terms of the prevention activities undertaken and the care provided to agricultural workers and their families. It also requests the Government to provide any available information, including statistical data, on the endemic diseases affecting agricultural workers and their families, with an indication of the measures adopted or envisaged with a view to the elimination or control of these endemic diseases.

Part V of the report form. Application in practice. The Committee requests the Government to provide information in its next report on the application of the Convention in practice, and particularly studies on the number of agricultural workers, agricultural migrant workers and agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantations sector and statistical data showing the relative weight of the plantations sector in the national economy in terms of employment and income.

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Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the Government’s indication that the procedure whereby the employment contracts of foreign workers need to be visaed by the Agency for the Promotion of Employment (AGEPE) does not apply to migrant agricultural workers who are therefore recruited in exactly the same manner as nationals. It also notes the Government’s statement that the climate of hostility and violence against foreign workers has now almost completely disappeared as the constitutional crisis is in the process of being settled. While noting the Government’s efforts to restore stability and put an end to the climate of xenophobia that accompanied the civil war, the Committee would appreciate receiving up to date information on the number of plantation migrant workers and any specific measures taken or envisaged with a view to facilitating their reception in the current context of reconciliation. The Committee also requests the Government to refer to the observation addressed in 2007 concerning the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96).

Part IV (Wages), Articles 24–35. The Committee notes that the Government’s report does not reply to earlier comments concerning the need to readjust minimum wage rates that remain unchanged since 1994. Recalling that the Convention requires the fixing of minimum wages either through freely negotiated collective agreements or by means of national laws or regulations in consultation with representative employers’ and workers’ organizations, the Committee requests the Government to provide additional explanations in this respect.

Part V (Annual holidays with pay), Articles 36–42. The Committee requests the Government to refer to the direct request addressed in 2009 concerning the Holidays with Pay Convention, 1936 (No. 52).

Part VI (Weekly rest), Articles 43–45. The Committee requests the Government to refer to its comments made under the Weekly Rest (Industry) Convention, 1921 (No. 14).

Part VII (Maternity protection), Articles 46–50. The Committee requests the Government to refer to the direct request addressed in 2009 concerning the Maternity Protection Convention, 1919 (No. 3).

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. Further to its previous comment, the Committee notes the Government’s indication that no labour inspection visits are carried out in plantations due to lack of resources and transport facilities. As regards the problem of child trafficking in plantations, the Government states the situation is closely monitored and that a national action plan has been adopted to this effect. Recalling that the Convention requires plantations to be inspected as often and as thoroughly as is necessary to ensure the effective implementation of its provisions, the Committee requests the Government to take all appropriate measures in order to enable the labour inspection services to exercise full control over the plantation sector. In addition, the Committee requests the Government to refer to the comments addressed in 2009 concerning the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Worst Forms of Child Labour Convention, 1999 (No. 182).

Part XIII (Medical care), Articles 89–91. The Committee notes the Government’s indication that even though there has not yet been established a policy to eradicate or control prevalent endemic diseases, including HIV/AIDS, in plantation areas, numerous NGOs are actively engaged in the sensitization of workers, the promotion of voluntary HIV testing and the provision of laboratory facilities and treatment services. The Committee requests the Government to continue to provide all relevant information concerning the reinforcement of medical services for plantation workers, especially in the face of such infectious diseases as HIV/AIDS.

Part V of the report form. Application in practice. The Committee notes with surprise the Government’s statement that it does not possess any information or statistics concerning the size and structure of the plantation sector and its importance for the national economy. The Committee understands, however, that according to recent World Bank figures, agriculture contributes 31 per cent of Côte d’Ivoire’s GDP, employs over 60 per cent of the population and accounts for three-quarters of total export earnings (coffee and cocoa plantations together account for half). The Committee accordingly requests the Government to make an effort to collect and transmit up to date information on the practical application of the Convention, including for instance data on the number of workers and agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector, statistical information showing the relative weight of the plantation sector for the national economy in terms of employment or revenues, etc.

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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:

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19. The Committee would appreciate receiving statistical information, if available, concerning the number of migrant workers employed in plantations and additional explanations as to the exact conditions under which these migrant workers are recruited and transferred to the place of employment. In the light of persistent reports about a generalized climate of intimidation, hostility and violence against foreign workers, the Committee trusts that the Government will take appropriate action to provide adequate protection to migrant plantation workers, particularly affected by the ongoing political and economic crisis. It accordingly asks the Government to keep the Offfice informed of any developments in this regard.

Part IV (Wages), Articles 24 to 35. The Committee refers to the points raised in the observation and the direct requests addressed to the Government in 2007 concerning the application of Conventions Nos 26, 95 and 99.

Part IX (Right to organize and collective bargaining), Articles 54 to 61. The Committee refers to the observation addressed to the Government in 2008 concerning Convention No. 98.

Part XI (Labour inspection),  Articles 71 to 84. While noting the Government’s reference to the legislative provisions concerning the status, functions and powers of labour inspectors, the Committee asks the Government to supply up to date information on the manner in which labour inspection operates in practice, including for instance reports from inspection services showing the number of inspection visits, the nature of infringements observed (with particular emphasis on wages and the employment of children and young persons) and the sanctions imposed. The Committee notes in this connection that recent reports make reference to widespread child trafficking in West African countries including Côte d’Ivoire and that in an effort to eliminate child labour in plantations, agriculture representatives from Côte d’Ivoire, Cameroon, Guinea and Nigeria launched in July 2003 the West Africa Cocoa Agriculture Project (WACAP). The Committee hopes therefore that the Government will intensify its inspection activities in plantations, in accordance with Article 81 of the Convention, and that it will make every effort to prepare and communicate annual reports on the results of such activities as required under Article 84, paragraph 2, of the Convention.

Part XIII (Medical care), Articles 89 to 91. The Committee requests the Government to provide specific information on any measures, projects or initiatives taken in consultation with the social partners in order to eradicate or control prevalent endemic diseases in plantation areas. Incidentally, the Committee notes with concern that plantation workers are particularly exposed to HIV/AIDS infection risks due to the highly mobile migrant communities employed in plantations and that the country has by far the highest seroprevalence rate in the West African region. The Committee would therefore welcome any information the Government might provide on programmes and policies designed to contain the spread of HIV/AIDS in rural areas.

Part IV of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention, including data on the number of workers and agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector, and any other particulars which would enable the Committee to better evaluate the Government’s efforts for the amelioration of the working and living conditions of plantation workers. The Committee would also be interested in receiving statistical information showing the relative weight of the plantation sector for the national economy, for instance, the percentage of the total workforce employed in plantation agriculture, the foreign trade volume and revenue represented by exports of plantation products, etc.

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The Committee takes note of the Government’s report and wishes to draw attention to the following points.

Part II (Engagement and recruitment of migrant workers). Articles 5 to 19. The Committee would appreciate receiving statistical information, if available, concerning the number of migrant workers employed in plantations and additional explanations as to the exact conditions under which these migrant workers are recruited and transferred to the place of employment. In the light of persistent reports about a generalized climate of intimidation, hostility and violence against foreign workers, the Committee trusts that the Government will take appropriate action to provide adequate protection to migrant plantation workers, particularly affected by the ongoing political and economic crisis. It accordingly asks the Government to keep it informed of any developments in this regard.

Part IV (Wages). Articles 24 to 35. The Committee refers to the points raised in the observation and the direct requests addressed to the Government in 2003 concerning the application of Conventions Nos. 26, 95 and 99.

Part IX (Right to organize and collective bargaining). Articles 54 to 61. The Committee refers to the observation addressed to the Government in 2003 concerning Convention No. 98.

Part XI (Labour inspection). Articles 71 to 84. While noting the Government’s reference to the legislative provisions concerning the status, functions and powers of labour inspectors, the Committee asks the Government to supply up-to-date information on the manner in which labour inspection operates in practice, including for instance reports from inspection services showing the number of inspection visits, the nature of infringements observed (with particular emphasis on wages and the employment of children and young persons) and the sanctions imposed. The Committee notes in this connection that recent reports make reference to widespread child trafficking in West African countries including Côte d’Ivoire and that in an effort to eliminate child labour in plantations, agriculture representatives from Côte d’Ivoire, Cameroon, Guinea and Nigeria launched in July 2003 the West Africa Cocoa Agriculture Project (WACAP). The Committee hopes therefore that the Government will intensify its inspection activities in plantations, in accordance with Article 81 of the Convention, and that it will make every effort to prepare and communicate annual reports on the results of such activities as required under Article 84, paragraph 2, of the Convention.

Part XIII (Medical care). Articles 89 to 91. The Committee requests the Government to provide specific information on any measures, projects or initiatives taken in consultation with the social partners in order to eradicate or control prevalent endemic diseases in plantation areas. Incidentally, the Committee notes with concern that plantation workers are particularly exposed to HIV/AIDS infection risks due to the highly mobile migrant communities employed in plantations and that the country has by far the highest seroprevalence rate in the West African region. The Committee would therefore welcome any information the Government might provide on programmes and policies designed to contain the spread of HIV/AIDS in rural areas.

Part IV of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention, including data on the number of workers and agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector, and any other particulars which would enable the Committee to better evaluate the Government’s efforts for the amelioration of the working and living conditions of plantation workers. The Committee would also be interested in receiving statistical information showing the relative weight of the plantation sector for the national economy, for instance, the percentage of the total workforce employed in plantation agriculture, the foreign trade volume and revenue represented by exports of plantation products, etc.

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The Committee notes the information supplied by the Government in its report. It notes in particular the Government's statement that the legislation respecting conditions of employment in plantations has not changed, despite the adoption of Act No. 95-15 of 12 January 1995 issuing the Labour Code.

The Committee notes the Government's reference to section 19 of Decree No. 96-203 of 7 March 1996 respecting hours of work, which provides that the recuperation of hours of work which have been collectively lost may be secured by the extension of daily working hours. The Committee requests the Government to provide a copy of the above Decree, to indicate the elements and/or circumstances which give grounds for considering that "hours of work have been collectively lost" and to provide, as appropriate, a copy of the related case law. It also requests the Government to supply information on the application of the Convention in practice, in accordance with point V of the report form.