Forced Labour Convention, 1930 (No. 29) - Côte d'Ivoire (Ratification: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Côte d'Ivoire (Ratification: 2019)

Individual Case (CAS) - Discussion: 2002, Publication: 90th ILC session (2002)

A Government representative indicated that in response to the request of the Committee of Experts to furnish information on the application of Convention No. 29 on forced labour, he would address, on the one hand, the question concerning the hiring out of prison labour to individuals and on the other, the question of trafficking and exploitation of children.

On the first question, the Government representative indicated that articles 24, 77, 81 and 82 of Decree No. 69-189 of 14 May 1969 regulating prisons and stipulating the conditions in which penalties are served actually provided for the hiring out of prison labour to individuals but that the texts were not applied in practice. However, he recognized the pressing need to modify the texts with a view to bring them into conformity with Convention No. 29, ratified by Côte d'Ivoire since its independence in 1960. His Government was also very committed to bringing legislation into conformity with the constitutional provisions prohibiting forced labour. The speaker assured the Committee of the Government's intention to proceed shortly on the required modifications. Since the previous session of the Conference, several working sessions between specialists of the Ministry of Justice and Civil Liberties and those of the Ministry of Labour have contributed to progress in the issue. A draft amendment was being formulated which provided that all hiring of prison labour was to be subject to the consent of the prisoners and to the signing of a labour contract between the concessionary and the prisoner concerned. Problems of coordination have made it impossible for the experts to finalize the draft for its adoption by the Council of Ministers before the present session of the Conference, but it will be communicated to the Commission of Experts as soon as possible.

On the second question (trafficking and exploitation of children), the Government of Côte d'Ivoire had been invited to take the appropriate measures to penalize those responsible for the trafficking of persons for purposes of exploitation, to communicate information on the number of court proceedings brought against those responsible and the sentences imposed, to supply a copy of the Code on the Rights of the Child, to report on the application of the agreement between Mali and Côte d'Ivoire and to supply copies of Act No. 88-686, the new Criminal Code and the Code on Criminal Proceedings. The Government undertook to communicate very shortly this information - which had not been previously available - to the Committee of Experts, and to explain the measures taken by the Government with a view to penalizing those responsible for the trafficking in persons. The allegations concerning migrant workers and in particular those concerning children forced to work on plantations against their will and sometimes even sold to plantations owners were exaggerated. As soon as such allegations were brought against the Government of Côte d'Ivoire, it authorized various bodies of the international media to visit every place in the country in order to carry out their investigations, in a free manner, and to collect reliable and objective data on the exploitation of children in cocoa plantations. At the end of these investigations, no evidence was submitted that children had been in a situation of slavery or had been sold in these plantations.

On the question of trafficking and the exploitation of children, no quantitative survey carried out or supervised by an international organization was currently available. The Government of Côte d'Ivoire is a member of the IPEC programme and is awaiting the assistance of the Office to carry out this survey because it cannot effectively combat this curse without knowing its magnitude. Meanwhile, Côte d'Ivoire, in collaboration with the United States Agency for International Development (USAID) and the International Institute for Tropical Agricultural Development (IITA), based in Ibadan in Nigeria, and the American Chocolate Manufacturers Association, commissioned a study of 2,000 agricultural enterprises in order to have a precise idea of the exploitation of children and child victims of trafficking. This study, of which the results were expected by the end of June 2002, constituted today the only serious and reliable study on the issue.

In its search for solutions to the problem of trafficking and the exploitation of children, the Government, by a decree of 25 July 2001, created a National Committee to Combat the Trafficking and Exploitation of Children. This Committee chaired by the Ministry of Family, Women and Children included representatives of public administration and civil society and was presently developing, with the assistance of UNICEF, a national plan of action to combat trafficking and the exploitation of children. Trafficking of children was a new phenomenon and the Criminal Code did not specifically deal with its repression. However, the courts had sentenced traffickers on the basis of articles 370 and 371 of the Criminal Code under which one of the modalities of trafficking in children, namely the kidnapping of minors, is punishable with imprisonment of five to ten years. The Government developed a specific bill on the trafficking and exploitation of children, which was currently submitted for approval to Parliament. The bill define a child as being any person below 18 years of age; it would oblige the State and the local authorities to ensure the protection of all children against trafficking and against all forms of exploitation without distinction based on sex, religion, nationality, ethnicity, opinion, social status or any other situation of the child. It provided, in the case of child trafficking, for imprisonment of five to ten years and a fine of 100,000 to 10,000,000 CFA. The penalty would be ten to 20 years of imprisonment if the victim was less than 15 years of age. The bill also provided that care shall be provided by the State to child victims of trafficking with respect to their board and lodging, their health care, psychological assistance, rehabilitation and social reintegration and, where appropriate, their repatriation; it had an undeniable social component. The repatriation of child victims of trafficking was not systematic. The State had the responsibility to ensure the moral, physical and psychological re-adaptation of the children before proceeding with repatriation, if necessary.

Within the context of its national and international fight against trafficking and the exploitation of children, the Government of Côte d'Ivoire ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182). It has not remained inactive in the face of the phenomenon of trafficking and the exploitation of children. For the last two years, it had been undertaking a high-level awareness campaign at the national and subregional levels. For this purpose, various national and international seminars and forums had been organized with the support and the collaboration of international organizations such as the ILO, UNDP, the Friedrich Ebert Foundation and INTERPOL.

The political will, expressed several times by the Government, was that children belonged in school and not at work. It considered the trafficking and exploitation of children to be an act detrimental to human dignity and an odious crime against the most vulnerable persons of society and, therefore, against the future of the country. Côte d'Ivoire suffered from the continuous scrutiny of an issue that touched its credibility and on which it had proven on several occasions its political good will. Moreover, the farmers from Côte d'Ivoire suffered from this denigrating campaign that aimed at labelling the cocoa from Côte d'Ivoire as being the result of slave labour of children. In effect, this negative campaign undertaken with the intention to boycott the principal export product, which was cocoa, damaged an economy already fragile due to the uncertainty of the global market and it contributed to the deprivation of all means of subsistence causing the dangerous impoverishment of millions of agricultural workers, notably these farmers (both Ivoirian and foreigners) wrongly labelled as slave drivers.

The bill on the suppression of child trafficking and a proposed national plan of action to combat the trafficking of children illustrated the good will of the Government. The trafficking of children for labour purposes was a very complex social phenomenon and a long-term multisector battle. However, all the evoked measures would be insufficient if there was not at the same time an effective fight against poverty, not only in Côte d'Ivoire but also in other countries in the subregion. It was this other fight against poverty which needed the support of the international community and which was being undertaken by the Government of Côte d'Ivoire.

The Worker members recalled that the Committee of Experts had been concluding for the past 30 years that the legislation enacted in 1969 which provides for the hiring out to private persons of prison labour is incompatible with Convention No. 29 and must be amended. They stressed again that they fully concurred with the detailed observations of the Committee of Experts. The Worker members noted that the Government had still not completed even draft amendments to the decree in question. If the Government wished to demonstrate its good faith in this matter, it should proceed with the necessary amendments to the legislation as a matter of urgency and seek technical assistance from the Office, if needed.

The Worker members expressed deep concern about the slow rate of progress being made concerning the trafficking and enslavement of children brought particularly from Mali and Burkina Faso, to perform forced labour in the agricultural and mining sectors, and as domestic servants. But they appreciated the Government's willingness to accept both the existence of the problem and international assistance to address it, and urged the Conference Committee to acknowledge this first step. Nonetheless, the Government tended to blame the citizens of neighbouring states for the problem of trafficking in children. There was no doubt that all states in the region share a common responsibility, and to this end, the Worker members welcomed the bilateral agreement of September 2001 between the Governments of Mali and Cote d'Ivoire to combat cross-border child trafficking. But the Government was responsible for the law and practice within its own borders, not just for combating and punishing trafficking in children, but also for combating the exaction of forced labour by its citizens.

There was no doubt that the nature of the employment relationship in which these children found themselves was to be defined as forced labour under the terms of the Convention. Moreover, the nature of the work and the circumstances in which it was carried out were clearly incompatible with the requirements of the Worst Forms of Child Labour Convention, 1999 (No. 182) and, in several respects, with the Minimum Age Convention, 1973 (No. 138), and with national law itself. They welcomed the Government's ratification of these two Conventions, but referred to the disturbing conditions of the 1,150 children working in the Issia gold mine and Tortiya diamond mine and urged the Government to address this suffering as a matter of urgency.

The Worker members recalled the particular risks of physical and emotional deprivation and exposure to sexual abuse that female child labourers faced in performing hidden work such as domestic service, child prostitution and commercial sexual exploitation. Conventions Nos. 29 and 182 both required that such practices be identified as a high priority.

Concerning trafficking of children for cocoa production, the Worker members noted that the 500,000 small farmsteads in Cote d'Ivoire produced most of the world's cocoa. This was not a new problem, but deregulation of the cocoa market, under pressure from the IMF, had likely aggravated it. The International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) had been actively engaging industry, in particular the American Chocolate Manufacturers Association and the Biscuit, Chocolate, Cake Confectionary Alliance of the United Kingdom, in a process which will culminate in July 2002 in the establishment of a joint foundation to eliminate the worst forms of child labour in the cocoa industry. The Worker members invited the Government to participate in the joint foundation project.

The Worker members stressed that there was still a need for a clear picture of the extent of the problem. A survey had been commissioned, but the methodology of the report was flawed, despite the efforts of IPEC to train personnel in inspection and survey methods to ensure reliable results. For example, the organization that had carried out the survey interviewed employers in each of the 1,500 farms surveyed, but only spoke with a total of 47 adult and 17 child workers, all of whom were paid and not forced labourers. They pointed out that open responses were more likely to be elicited when the inspection teams included local trade union officials, including women, who could communicate more directly with the workers. Furthermore, they noted that such flawed methodology was not surprising given that commercial social auditors generally lack the specialized skills and training of labour inspectors. The Worker members, with the support of several governments, again called for an integrated approach to corporate social responsibility, including the development of internationally agreed benchmarks for social auditors in order to ensure quality monitoring.

In conclusion, the Worker members welcomed the fact that the Government recognized the problem and agreed to an investigation, and welcomed the commitment of the social partners to deal effectively with the problem. They also welcomed the participation of IPEC in providing survey methodology, and regretted that the ILO's possible contribution had not been given more consideration in the survey already carried out. A follow-up survey was needed. It should be carried out during the harvest when forced labour abuse is most prevalent, should avoid the methodological flaws of the first survey, and should include trade unions in the inspection teams. Furthermore, the Government should demonstrate its commitment by cooperating fully with the follow-up survey, and by acting to protect both in law and practice all those within its borders, in conformity with the Convention. Citing the final part of the Committee of Experts' observation, the Worker members stressed that it was not enough "to take the necessary action to sanction those responsible for people trafficking for exploitation," but there also was a need to punish those who exact forced labour, whether trafficked or not. Recalling that the new Constitution of 2000 prohibited forced labour as an offence punishable in law, the Worker members urged the Government to ensure that practice complied with the Convention. In closing, the Worker members took due note of the commitments made by the Government and awaited their implementation.

The Employer members stated that this case contained two issues. The first referred to Decree No. 69-189 of 1969 that had been criticized by the Committee of Experts since 1972 for providing that prisoners could be hired out to private individuals. The Employer members noted that the Government's draft amendment did not yet fulfil its legal obligations. However, in light of the Constitution adopted in 2000, the Government was undertaking a review of many laws to see if they were consistent with the Government's human rights obligations. The Government thus appeared to be complying with the request of the Committee of Experts in this respect.

In its report for 2002, the Committee of Experts included a six-page general observation for Convention No. 29 which arbitrarily included comments made by the Employer members last year during the Conference Committee but ignored their core point: in order for a prisoner to complete his or her sentence with dignity, meaningful work was needed, in particular, for those serving long sentences. States were increasingly unable to provide meaningful work due to increased privatization of production, so only cooperative arrangements between the state and the private sector would provide such meaningful work. The Committee of Experts demanded that such an arrangement be voluntary, and that it approximate the working conditions found in more general private sector working relationships. However, the state had the right to demand that prisoners work. Furthermore, employing prisoners under conditions of work generally prevailing in the private sector was not feasible because enterprises were not free to select workers, which posed a risk to their investment and resulted in lower productivity than that in free employment relationships. Therefore, wages must be lower than in the general labour market. Consequently, two alternatives existed: either prisoners are given access only to less meaningful employment, with catastrophic consequences for those detained long-term; or states are allowed to work with private enterprises without requiring that the work be done voluntarily and under general labour market conditions. The Government had to provide minimum standards governing the conditions of prison labour. The Employer members urged the Committee of Experts to review its interpretation of the Convention since at the time of its adoption this question had no relevance at all. But even if the existing interpretation were accepted, it would be more reasonable to limit it. The Committee of Experts' existing theoretical interpretation had a negative impact on prisoners, whose performance of meaningful work constituted an important element for their later reintegration into society.

Coming back to the case of Côte d'Ivoire, the Employer members stated that this was a very serious case, because the issue concerned a big part of the population and in particular children who suffered from forced labour practices in the country. They noted the Government's indication that in Côte d'Ivoire, undertakings were small and used family labour and sometimes immigrants from neighbouring countries. These workers had ultimately established their own undertakings and had brought from their countries relatives and children whom they declared to be family, which had aggravated the practice of using child labour in the country, as well as the free circulation of goods and persons in the framework of ECOWAS. Moreover, Côte d'Ivoire was a country of high immigration. The Employer members further noted the bilateral cooperation agreement the country had signed with Mali to combat these scandalous and inhuman practices. The Employer members welcomed the Government's attitude vis-à-vis this problem, which it did not understate at all. However, the Government was apparently unable to resolve the problem on its own. Therefore, the Employer members considered the statement of the Government representative as an urgent appeal to the international community. Child labour was always linked to poverty in the country. In this light, they associated themselves with the Worker members who referred in their statement to the possible options to provide help and assistance to Côte d'Ivoire. Nevertheless some doubts remained whether the Government had taken sufficient measures in this regard. Therefore, the Government should be requested to do its utmost to remedy the deplorable situation of child labour in its country.

The Worker member of Côte d'Ivoire drew attention to the practice of hiring out of prison labour, which unfortunately had not changed during 30 years. In effect, Decree No. 69-189 of 14 May 1969, made under sections 680 and 683 of the Criminal Procedure Code, was still in force. This situation constituted a flagrant violation of Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of Convention No. 29. The hiring out of prison labour outside a legal framework was common in poor countries where a prison guard had work done on his own account by prisoners and retained part of the remuneration. This practice, which betrayed a profund contempt for the individual, also excluded any prospect for reinsertion of prisoners into society through work. Concerning the situation of forced labour in which children of migrants are found, it should again be noted that these practices concerned small-scale family exploitations which frequently involved the children's own parents who had come from Burkino Faso and Mali, and it could not be said that concrete measures had really been taken in the sense suggested by the Committee of Experts to put an end to these practices. It is true that the long and permeable borders rendered controls uncertain. Furthermore, these controls, which had proven to be extremely random, were not sufficient in themselves but needed to be combined with a harmonization of the legislation of Mali, Burkina Faso and Cote d'Ivoire against trafficking in human beings, given that the repatriation of victims did not solve the problem in the long term due to the complicity of parents and the indifference of employers to a particularly intensive awareness-raising campaign. It was true that Cote d'Ivoire had ratified Conventions Nos. 138 and 182, but there remained much more to do in this country before these instruments were really reflected in reality.

The Worker member of Senegal stated that the statutory provisions to which the Committee of Experts referred in its observation (Decree No. 69-189 of 14 May 1969, made under sections 680 and 683 of the Criminal Procedure Code) constituted a flagrant violation of Convention No. 29. These provisions, still in force despite the observations made by the Committee of Experts in the past 30 years, provided for the hiring out of prison labour to private individuals and should therefore be repealed. It was to be hoped that at its next session the Committee would note much more significant progress than simple declarations of intent. With regard to child labour, the problem was all the more difficult since the responsibility for the matter was spread out. The problem moreover touched on Conventions Nos. 29, 138 and 182 and pointed not only to the responsibility of Côte d'Ivoire, but also to that of the majority of neighbouring countries, notably Mali and Burkina Faso. The problem also touched on immigration and, consequently, on the lowering of barriers to cross-border movements with the creation of the Economic and Monetary Union of Western Africa (UEMOA). The recognition of the facts by the Government of Côte d'Ivoire and the painful matter of the sexual exploitation of children for commercial purposes equally revealed that economic exploitation had taken on a new dimension. With regard to Article 25 of Convention No. 29, the Government, despite its announced intentions, still had to assume its responsibility to ensure the effectiveness and efficiency of sanctions. The report of the Committee of Experts indicated that some 1,150 children worked in the gold mines of Issia and the diamond mines of Tortiya. In this regard, the IPEC project would allow a clear understanding of the situation by revealing the precise conditions in which traffickers operated. Finally, the Conference Committee should urge Côte d'Ivoire to go much further in the application of Convention No. 29, even if the Government demonstrated the good will to do so.

The Worker member of Romania stated that the situation in Côte d'Ivoire was a typical violation of Convention No. 29, in particular of Article 1, paragraph 1, and Article 2. Decree No. 69-189 of 14 May 1969 as well as sections 680 and 683 of the Criminal Procedure Code, which provided for the hiring out of prison labour to private individuals, contravened the provisions of Convention No. 29 since only work which was voluntarily accepted by prisoners and carried out in conditions similar to those of free employment relations could be considered as compatible with Convention No. 29. Among other practices which were in violation of Convention No. 29, the speaker noted the forced labour of migrant workers, including children, in plantations. This practice could also be viewed as the phenomenon of the exploitation of children in Côte d'Ivoire. According to a 2001 report of ILO/IPEC, children worked most frequently in plantations or as domestics. Nonetheless, the economic exploitation of children also occurred in the production of both goods and services (catering, crafts, street trading, domestic work, engineering and mines). This work was carried out during long hours throughout the day and night in violation of the Covenant on the Rights of the Child and the national legislation of Côte d'Ivoire. The situation of girl children was all the more dramatic since they were exposed to sexual exploitation in addition to economic exploitation. Finally, 15,000 children were the victims of trafficking, notably from Mali to Côte d'Ivoire. For this reason, the speaker asked that the Government take measures to put an end to the abovementioned practices so as to be in conformity with Convention No. 29.

The Worker member of France stated that family plantations in Côte d'Ivoire apparently were the principal destination of trafficked children, and that this trafficking originated in countries such as Burkina Faso and Mali, and in other countries as well. The problem had wide ramifications and the solution would not be found inside the borders of one single country. The recognition by the Government of Côte d'Ivoire of this reality should not serve as a pretext for the governments of the region to mutually reject their responsibilities or as an excuse to fail to take necessary measures. The emergence of subregional economic entities such as ECOWAS could, in the context of free movement, certainly facilitate trafficking, but these structures could also be an advantage and a framework for the governments concerned to take appropriate steps. Last year, the OECD showed that the respect of fundamental labour standards did not in any way impede the economic development of a country. The OECD, like other multilateral organizations, placed good governance at the top of the list of the attractive features a developing country could have, along with the respect for the rule of law, which began with the respect of national instruments adopted in application of ratified international Conventions.

The meeting of the heads of State of the G8 which was to take place in several days would be the occasion for the ratification of the New Partnership for Africa's Development (NEPAD), a major development project in Africa from which Côte d'Ivoire and its neighbouring countries could benefit. NEPAD, which was largely based on facilitating private investments, should above all not perpetuate, or, even worse, aggravate practices of forced labour, since this would be tantamount to furthering the economic development of Africa through the maintenance of its social underdevelopment, with the implicit consent among African governments and private, often Western, investors.

The Government member of the United States indicated that her Government had been closely following developments in Côte d'Ivoire as a consequence of the country's eligibility for trade benefits under the African Growth and Opportunity Act. The United States was also providing technical assistance to Côte d'Ivoire through IPEC and bilaterally. She stated that her Government was saddened by the trafficking and forced labour of children in Côte d'Ivoire, as had been described by the Committee of Experts and the present debate. She welcomed measures taken and planned by the Government of Côte d'Ivoire to curb the trafficking of children into the country. However, as noted by the Committee of Experts, further action needed to be taken to ensure that persons responsible were adequately sanctioned. She also wished to acknowledge the active participation of the international cocoa industry, including the American Chocolate Manufacturers Association, in eliminating forced labour of children in Côte d'Ivoire. Her Government was encouraged by their efforts and was pleased to be working with them on technical assistance to Côte d'Ivoire.

The Government representative of Côte d'Ivoire took note of the observations and constructive criticisms. He stated that the Government would endeavour to find, within a participatory framework, the most favourable solution to the situation.

The Worker members expressed their thanks for the good will demonstrated by the social partners to address the matter of forced labour of children in Côte d'Ivoire, and they underlined the goodwill of the Worker members towards the Government, industry and people of the country. They indicated their appreciation to the Employer members for their statements that touched on the issue of trafficking and forced labour of children in the cocoa plantations, but questioned why their intervention had not focused on this subject but rather on repeating their position on the hiring out of prisoners. They refrained from again addressing the question of prison labour point by point and indicated that their position on this matter was on record in the discussion of the Conference Committee last year, and that they concurred with the views of the Committee of Experts. With regard to prison labour in Côte d'Ivoire, they urged the Government to address the concerns raised by the Committee of Experts through amendments in law and practice, and through technical assistance from the ILO, if desired. As regards child labour, they welcomed the cooperation of all parties and the ILO input with the survey of cocoa plantations, but regretted that the recommendations had not been followed. Since another survey was to be carried out again during the harvest season, with the paricipation of the international community, trade unions, and the Government, it was to be ensured that previous methodological mistakes should not be repeated. Penal sanctions should not only be applied to traffickers of children, but also to those who extracted forced labour from children. They urged the Government to fulfil its obigations under Convention No 29 in law and in practice. With this in view, the Government should accept the recommendations of the Regional High-Level Tripartite Meeting of Experts on the Role of Labour Inspection in Combating Child Labour, held in Harare in September 2001, which they believed might be useful in this case.

The Employer members indicated that with regard to the issue of prison labour, the Committee of Experts had once again raised the matter in its general observation. The Employer members had refrained from addressing the issue in the general discussion and had indicated that they would do so at a later appropriate moment. The present case, they felt, was the appropriate moment to express their views on the subject of prison labour. With regard to the forced labour of children, the Employer members agreed with the points made by the Worker members and by the Government member of the United States. Comprehensive solutions to this problem needed to be developed. One solution might be to make the issue of forced child labour a priority for labour inspection. This would allow for a determination of facts, which then could be used to make recommendations for action. Creative means needed to be found to address this scandalous situation. They indicated their support for any truly effective measures to combat the forced labour of children.

The Committee took note of the statement of the Government representative and the subsequent discussions. The Committee noted that the information contained in the report of the Committee of Experts, and drawn from various sources including United Nations bodies such as the Committee on the Rights of the Child as well as the ILO's International Programme on the Elimination of Child Labour (IPEC), contributed to establishing the existence of child trafficking from Mali, Burkina Faso and Ghana to Côte d'Ivoire for the purposes of exploiting their labour in plantations, in mines, in the domestic service and more seriously for the purpose of sexual exploitation. The Committee took note of the information provided by the Government representative, in particular concerning the Government's will to cooperate in a quantitative analysis of the situation and to take the appropriate measures against the trafficking and exploitation of children, in particular by means of a national plan of action, a draft bill and cross-border agreements. The Committee noted the political will expressed by the Government of Côte d'Ivoire to fight against forced labour and child trafficking. The Committee also noted that, in their interventions, various members of the Committee emphasized the seriousness of such violations of Convention No. 29, which also constituted a violation of Conventions Nos. 138 and 182, and recalled that it would be appropriate to undertake an in-depth survey and strengthen supervision, notably by the labour inspectorate, possibly with the methodological support of the Office. The Committee urged the Government to make all necessary efforts to guarantee that children would no longer continue to be victims of trafficking for purposes of exploitation, that those responsible would be punished and that the Convention would thus be applied in this respect. It wished to be kept informed about the follow-up given to the draft bill communicated by the Government. It recommended the Government to collaborate closely with the social partners and to take into account the conclusions of the meeting on child labour and the labour inspectorate held in Harare in September 2001. The Committee also noted the assurances of the Government representative concerning the amendment of the legal provisions that provided for the hiring out of prison labour to private individuals.

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

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

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

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

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

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

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

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

Articles 1(2), 2(2) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that in 2014 the Council of Ministers envisaged the adoption of a set of urgent measures to combat trafficking in persons, including: the establishment of a national committee on action to combat trafficking, exploitation and the worst forms of labour; the implementation of a far-reaching awareness-raising campaign; and the prosecution of persons responsible for trafficking and labour exploitation. It also noted that the Council of Ministers also referred to longer term measures, such as the adoption of a framework act to combat trafficking in persons, and of a national plan. The Committee asked the Government to indicate the measures taken to raise the awareness of the competent authorities and the general public regarding the trafficking of adults and to provide information on legal proceedings instituted in this area.

The Committee notes with interest the adoption of Act No. 2016-1111 of 8 December 2016 on trafficking in persons. It notes in particularly that section 4 of this Act defines in detail the elements which constitute the crime of trafficking in persons for sexual and labour exploitation and forced labour, and that it establishes the penalty of imprisonment of five to ten years. The Committee also notes the Government’s indication in its report that a National Committee against Trafficking in Persons was established on 13 April 2017. Moreover, on 27 July 2016, Decree No. 99-313 of 1999 establishing the National Solidarity Fund and its powers, structure and functioning was amended to extend its scope of application to the victims of human trafficking.

The Government also indicates that a “National strategy on combating trafficking in persons” and a “National plan of action 2016–20” were drawn up in November 2015. The strategy comprises four areas: (i) prevention through awareness raising; (ii) protection and care for victims; (iii) repression and prosecution of perpetrators of trafficking; and (iv) coordination and promotion of cooperation with regard to combating trafficking in persons. The Committee also notes that in 2015 and 2016 the Government repatriated 895 citizens from Saudi Arabia, Burkina Faso, Ghana, Libya, Gabon and Angola. During the same period, 204 persons between 12 and 30 years of age who were victims of trafficking and various forms of abuse were repatriated to Burkina Faso, Mali, Ghana, Togo, Benin, Nigeria, Niger, Sierra Leone and Guinea.

Furthermore, the Committee notes the statistical information sent by the Government, referring, inter alia, to 243 persons (victims, witnesses and suspects) identified in the course of investigations, 42 persons brought before the courts and 95 court proceedings were initiated. The Committee also notes that awareness-raising activities on trafficking in persons were conducted through: (i) the organization of a public conference on progress in the area of combating trafficking in persons (July 2017); and (ii) the organization by the National Surveillance Committee of actions to combat the trafficking, exploitation and labour of children, and of a training seminar for labour inspectors (August 2017). Lastly, the Government refers to the setting up of the Inter-Ministerial Committee on the Trafficking, Exploitation and Labour of Children by Decree No. 2011-365 of 3 November 2011. The Committee requests the Government to provide information on the application in practice of Act No. 2016-1111 of 8 December 2016 on trafficking in persons, indicating the judicial proceedings instituted, the number of convictions and the nature of the penalties imposed. The Committee also requests the Government to provide information on the activities of the National Committee against Trafficking in Persons and the results achieved, including with regard to protection for trafficking victims. Lastly, the Committee requests the Government to provide information on the implementation of the “National plan of action 2016–20” and the results achieved in this respect.

Article 2(2)(d). Powers of requisitioning. On many occasions, the Committee has drawn the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for promoting national economic and social development and its implementing Decree No. 63-48 of 9 February 1963. The Act allows the requisitioning of persons over 18 years of age to perform certain types of work of national interest with a view to national economic and social promotion. Decree No. 63-48 defines powers of requisitioning too broadly in a manner which goes beyond the emergency situations envisaged in Article 2(2)(d) of the Convention.

The Committee notes the Government’s indication that the provisions on requisitioning, which are contrary to the Convention, are not applied in practice and that it will inform the Committee of the measures taken as part of the revision of these provisions. In order to avoid any ambiguity with regard to the application of Act No. 63-4 of 17 January 1963 and its implementing Decree No. 63-48, the Committee requests the Government to take the necessary steps to amend or formally repeal these texts. The Committee hopes that the Government will be in a position to indicate in its next report that progress has been made in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments made in 2015.

Repetition

Articles 1(2), 2(2) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to indicate the measures taken to raise the awareness of the competent authorities and the general public on the problem of the trafficking of adults and to provide information on the court proceedings instituted in this field. In its report, the Government indicates that, without dismissing the possibility of adopting a specific law on trafficking in persons, the provisions of sections 335 (procurement), 373 (abduction), 376 (deprivation of the liberty of a third person) and 378 (exaction of labour against the will of another person) of the Penal Code enable the authorities to prosecute and punish this scourge.

The Committee also notes that, according to the communiqué of the Council of Ministers of 5 November 2014, available on the Internet site of the Office of the President of the Republic, the Council of Ministers adopted a communication on measures to combat trafficking, exploitation and the worst forms of work, particularly for young girls. Emphasizing the gravity and scope of the phenomenon of trafficking, exploitation and the worst forms of work, which are taking on worrying proportions, the Council of Ministers ordered a series of urgent measures, including: the establishment of a national committee on action to combat trafficking, exploitation and the worst forms of work; the implementation of a far-reaching awareness-raising campaign; the launching of criminal prosecutions against those responsible for trafficking and the exploitation of labour. The Council of Ministers also referred to longer-term measures, such as the adoption of a framework act to combat trafficking in persons, and of a national plan. The Committee observes that, if they are adopted, these measures will reinforce the legislative framework to combat trafficking in persons and will constitute an indispensable strategic and institutional framework for combating this complex phenomenon. The Committee therefore hopes that the Government will take all the necessary measures without delay to implement the measures envisaged in the communication of the Council of Ministers of 5 November 2014 and that it will provide detailed information on this subject in its next report. The Committee also requests the Government to provide more specific information on the court proceedings instituted and the rulings issued in cases of trafficking in persons, based either on the provisions of the Penal Code referred to above or the new provisions that the Government intends to adopt. In this regard, the Committee requests the Government to indicate the measures taken to raise awareness, train and reinforce the capacities of the competent authorities in this respect (labour inspection, police, the prosecution and judicial authorities) and to ensure the protection of victims.

Article 2(2)(d). Powers of requisitioning. On many occasions, the Committee has drawn the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting national economic and social development and its implementing Decree No. 63-48 of 9 February 1963. The Act allows the requisitioning of persons over 18 years of age to perform certain types of work of national interest with a view to national economic and social promotion. Decree No. 63-48 defines powers of requisitioning too broadly in a manner which goes beyond the emergency situations envisaged in Article 2(2)(d) of the Convention.

In its latest report, the Government indicates that these texts have still not been revised, but that reflection is being undertaken in a commission to refine legislative texts. The Government adds that, as the Convention is supranational in scope, it prevails and any contrary national provisions are not applied. The Committee notes this information and observes that the Government has been referring for many years to the possibility of revising the texts referred to above, in recognition that they are outdated and contrary to the Convention. The Committee therefore expresses the firm hope that the Government will be in a position to indicate in its next report the revision of the texts referred to above so that powers of requisitioning are strictly limited to circumstances which endanger or are likely to endanger the existence or well-being of the whole or part of the population.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1(2), 2(2) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to indicate the measures taken to raise the awareness of the competent authorities and the general public on the problem of the trafficking of adults and to provide information on the court proceedings instituted in this field. In its report, the Government indicates that, without dismissing the possibility of adopting a specific law on trafficking in persons, the provisions of sections 335 (procurement), 373 (abduction), 376 (deprivation of the liberty of a third person) and 378 (exaction of labour against the will of another person) of the Penal Code enable the authorities to prosecute and punish this scourge.

The Committee also notes that, according to the communiqué of the Council of Ministers of 5 November 2014, available on the Internet site of the Office of the President of the Republic, the Council of Ministers adopted a communication on measures to combat trafficking, exploitation and the worst forms of work, particularly for young girls. Emphasizing the gravity and scope of the phenomenon of trafficking, exploitation and the worst forms of work, which are taking on worrying proportions, the Council of Ministers ordered a series of urgent measures, including: the establishment of a national committee on action to combat trafficking, exploitation and the worst forms of work; the implementation of a far-reaching awareness-raising campaign; the launching of criminal prosecutions against those responsible for trafficking and the exploitation of labour. The Council of Ministers also referred to longer-term measures, such as the adoption of a framework act to combat trafficking in persons, and of a national plan. The Committee observes that, if they are adopted, these measures will reinforce the legislative framework to combat trafficking in persons and will constitute an indispensable strategic and institutional framework for combating this complex phenomenon. The Committee therefore hopes that the Government will take all the necessary measures without delay to implement the measures envisaged in the communication of the Council of Ministers of 5 November 2014 and that it will provide detailed information on this subject in its next report. The Committee also requests the Government to provide more specific information on the court proceedings instituted and the rulings issued in cases of trafficking in persons, based either on the provisions of the Penal Code referred to above or the new provisions that the Government intends to adopt. In this regard, the Committee requests the Government to indicate the measures taken to raise awareness, train and reinforce the capacities of the competent authorities in this respect (labour inspection, police, the prosecution and judicial authorities) and to ensure the protection of victims.

Article 2(2)(d). Powers of requisitioning. On many occasions, the Committee has drawn the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting national economic and social development and its implementing Decree No. 63-48 of 9 February 1963. The Act allows the requisitioning of persons over 18 years of age to perform certain types of work of national interest with a view to national economic and social promotion. Decree No. 63-48 defines powers of requisitioning too broadly in a manner which goes beyond the emergency situations envisaged in Article 2(2)(d) of the Convention.

In its latest report, the Government indicates that these texts have still not been revised, but that reflection is being undertaken in a commission to refine legislative texts. The Government adds that, as the Convention is supranational in scope, it prevails and any contrary national provisions are not applied. The Committee notes this information and observes that the Government has been referring for many years to the possibility of revising the texts referred to above, in recognition that they are outdated and contrary to the Convention. The Committee therefore expresses the firm hope that the Government will be in a position to indicate in its next report the revision of the texts referred to above so that powers of requisitioning are strictly limited to circumstances which endanger or are likely to endanger the existence or well-being of the whole or part of the population.

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

Article 2(2)(d) of the Convention. Powers of requisitioning. For a number of years the Committee has been drawing the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963, concerning the use of persons for the purpose of promoting the country’s economic and social development, and also Decree No. 63-48 of 9 February 1963, implementing the Act. A reading of the provisions of both laws in conjunction with each other shows that powers of requisitioning are defined too broadly and go beyond the exceptional situations provided for in Article 2(2)(d) of the Convention. The Government indicates in its latest report that discussions are in progress with regard to the formulation of new provisions regulating powers of requisitioning, that conform more closely to the spirit and letter of the Convention. The Government reiterates that these provisions are outdated and are no longer applied. It adds that the Convention is observed in practice, as was the case in December 2009 when doctors were requisitioned during a strike where no minimum service was organized. In view of the fact that the Government recognizes that the aforementioned provisions are outdated and contrary to the Convention and also that it indicates that the requisitioning of persons took place recently, the Committee again stresses the need for the adoption of legislation which conforms to the Convention in this area. It trusts that the Government will be able to provide information in its next report on the revision of the abovementioned laws in such a way as to ensure that powers of requisitioning are strictly limited to circumstances which endanger or are likely to endanger the lives or the normal living conditions of the whole or part of the population.

Trafficking in persons. In its previous comments the Committee referred to the Global Report on Trafficking in Persons published in February 2009 by the United Nations Office on Drugs and Crime (UNODC), which indicates that the specific offence of trafficking in persons does not exist in the country’s legislation but that laws criminalizing related forms are used to prosecute some types of trafficking. The report also refers to draft legislation criminalizing all forms of trafficking, which was submitted to the competent authorities in 2007. The Committee previously requested the Government to indicate the progress made on this draft legislation and to provide detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of sexual or labour exploitation.

The Government indicates in its report that the trafficking in persons is a criminal offence according to the Constitution and the Penal Code and that, on this basis, a total of 19 persons were arrested and two were facing prosecution. The Government acknowledges that the trafficking of children exists in Côte d’Ivoire and refers to the information which it submits on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee notes this information. It notes that the information on the court proceedings in progress appears to deal with cases involving the trafficking of children and that the Government appears to play down the problem of the trafficking in adults. The Committee hopes that the Government will be able to supply more detailed information in its next report on the court proceedings instituted, indicating the provisions of national legislation which form the basis for opening investigations and launching prosecutions, and on the more general measures taken by the Government to raise the awareness of the competent authorities and general public as regards the problem of trafficking of adults, whether for sexual or labour exploitation. The Committee also requests the Government to indicate the difficulties faced by the authorities in their efforts to combat trafficking.

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

Article 2, paragraph 2, subparagraph (d), of the Convention. Powers of requisitioning. In its earlier comments, the Committee drew the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting the country’s economic and social development, and also Decree No. 63-48 of 9 February 1963 implementing the Act. The Act makes possible the requisitioning of persons over 18 years of age for the performance of certain tasks of national interest, with a view to promoting the country’s economic and social development. The requisitions are made under conditions fixed by decree, either by individual order, or by means of a collective order concerning a specific activity. The requisition cannot exceed two years, but it can be renewed. It can also be inferred from sections 1 and 2 of Decree No. 63-48, read in conjunction, that the powers of requisitioning are defined too broadly and go beyond the exceptional circumstances covered by Article 2(2)(d) of the Convention. In its latest report, received in June 2009, the Government indicates that these texts will be revised so as to limit the State’s powers of requisitioning to circumstances that would endanger the existence or the well-being of the whole or part of the population. The Government adds that in practice it ceased to have recourse to requisitioning a long time ago. In these circumstances, the Committee trusts that the Government will be in a position to indicate, in its next report that the above texts have been revised so that powers of requisitioning are strictly confined to circumstances endangering or liable to endanger the existence or the well-being of the whole or part of the population, thereby ensuring that they are in conformity with the Convention.

Trafficking in persons. In its previous direct request, the Committee asked the Government to supply detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of sexual and labour exploitation. In particular, it asked the Government to indicate, where applicable, whether legal proceedings had already been initiated against the perpetrators of such practices, indicating the legal provisions on the basis of which these persons had been prosecuted and the sentences handed down. Finally, the Committee requested the Government to indicate the difficulties encountered by the public authorities in this field.

In its last report, the Government limits itself to referring to the information provided in its reports on the application of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), with the indication that trafficking in children is a new phenomenon and that trafficking in persons, except for cases in which children are victims, does not exist in Côte d’Ivoire. However, the Committee notes that the Global Report on Trafficking in Persons published in February 2009 by the United Nations Office on Drugs and Crime (UNODC) indicates that the specific offence of trafficking in persons does not exist in the legislation of Côte d’Ivoire, but that laws criminalizing related forms are used to prosecute some types of trafficking. It also refers to investigations concerning the exaction of forced labour conducted between 2005 and 2007, which gave rise to prosecutions in 2005 and 2006, resulting in two convictions in 2006. The report also informs that specific laws criminalizing all forms of trafficking was pending with the competent authorities in 2007. The Committee requests the Government to indicate the progress relating to the bill criminalizing all forms of trafficking and to provide a copy when it has been adopted. In view of the information contained in the above UNODC report, the Committee once again requests the Government to provide detailed information on the measures adopted to prevent, suppress and punish trafficking in persons for the purpose of sexual and labour exploitation. Noting that prosecutions appear to have been brought against forced labour exploiters, the Committee once again requests the Government to indicate whether certain of these cases are related to trafficking, and to indicate the provisions of the legislation under which the perpetrators have been prosecuted and the sentences handed down. The Committee trusts that the Government will also be in a position to indicate the difficulties encountered by the public authorities in combating trafficking in persons.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 following matters raised in its previous direct request:

Article 2(2)(d) of the Convention. Powers of requisitioning. In its previous comments, the Committee drew the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting the country’s economic and social development, and also Decree No. 63‑48 of 9 February 1963 implementing the Act. The Act makes it possible to requisition persons over 18 years of age for the performance of certain tasks of national interest, with a view to promoting the country’s economic and social development. The requisitions are made under conditions fixed by decree or by individual order, or by means of a collective order concerning a specific activity. The requisition may not be for more than two years, but it can be renewed. It can be inferred from sections 1 and 2 of Decree No. 63-48, read in conjunction, that the powers of requisitioning are defined too broadly and go beyond the exceptional circumstances covered by Article 2(2)(d) of the Convention. In its last report, the Government indicates that it notes the need to amend Act No. 63-4 in order to bring it into conformity with the Convention and that measures will be taken to this effect in the very near future.

The Committee notes the Government’s commitment in this respect and trusts that it will be in a position in its next report to announce that Act No. 63-4 on the use of persons for the purpose of promoting the country’s economic and social development and the Decree implementing the Act have been repealed or amended so that the powers of requisitioning are limited to circumstances endangering or likely to endanger the lives or normal living conditions of the whole or part of the population.

Trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of sexual and labour exploitation. In particular, the Committee asks the Government to indicate, if applicable, whether legal proceedings have already been initiated against the perpetrators of such practices, stating the legal provisions on the basis of which these persons are prosecuted and sentences are handed down. Please also indicate the difficulties encountered by the public authorities in this field.

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

Freedom of public servants to leave their employment. Referring to its previous comments concerning the ten-yearly commitment signed by police officers, the Committee notes the Government’s information that the latter may resign before the end of this commitment, with the consent of the appointing authority.

Article 2(2)(d) of the Convention. Powers of requisitioning. In its previous comments, the Committee drew the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting the country’s economic and social development, and also Decree No. 63-48 of 9 February 1963 implementing the Act. The Act makes it possible to requisition persons over 18 years of age for the performance of certain tasks of national interest, with a view to promoting the country’s economic and social development. The requisitions are made under conditions fixed by decree or by individual order, or by means of a collective order concerning a specific activity. The requisition may not be for more than two years, but it can be renewed. It can be inferred from sections 1 and 2 of Decree No. 63-48, read in conjunction, that the powers of requisitioning are defined too broadly and go beyond the exceptional circumstances covered by Article 2(2)(d) of the Convention. In its last report, the Government indicates that it notes the need to amend Act No. 63-4 in order to bring it into conformity with the Convention and that measures will be taken to this effect in the very near future.

The Committee notes the Government’s commitment in this respect and trusts that it will be in a position in its next report to announce that Act No. 63-4 on the use of persons for the purpose of promoting the country’s economic and social development and the Decree implementing the Act have been repealed or amended so that the powers of requisitioning are limited to circumstances endangering or likely to endanger the lives or normal living conditions of the whole or part of the population.

Trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of sexual and labour exploitation. In particular, the Committee asks the Government to indicate, if applicable, whether legal proceedings have already been initiated against the perpetrators of such practices, stating the legal provisions on the basis of which these persons are prosecuted and sentences are handed down. Please also indicate the difficulties encountered by the public authorities in this field.

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

1. Article 2, paragraph 2(d), of the Convention. Powers of requisitioning. In its previous comments, the Committee pointed out the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting the country’s economic and social development. The Committee noted that sections 1 and 2 of the Act read together defined the powers of requisitioning too broadly and went beyond the circumstances covered by Article 2, paragraph 2(d), of the Convention. The Committee observes that the Government has provided no information on this matter in its latest report. It again asks the Government to indicate the measures taken or envisaged to bring the legislation into line with the requirements of the Convention on this point, so that the powers of requisitioning are limited to circumstances endangering or which are likely to endanger the lives or normal living conditions of the whole or part of the population.

2. Freedom of public employees to leave their employment. In its previous comments, the Committee noted that, according to section 38 of Ordinance No. 2000-418 of 3 May 2000 issuing the Police Code, a member of the police force may resign only with the consent of the appointing authority and at the date set by the latter. The Committee pointed out that persons in the service of the State should be entitled to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required in order to ensure the continuity of the service. In its latest report, the Government indicates that the police force is governed by the Military Code and that members of the police sign a ten-yearly commitment and so may resign only after ten years of service. In view of the length of the commitment, the Committee requests the Government to indicate whether, in practice, members of the police who have signed ten-yearly commitments may have recourse to the provisions of section 38 of Ordinance No. 2000-418. If so, please indicate the criteria applied by the competent authorities in accepting or rejecting applications to resign, the nature of disciplinary sanctions applied and the means of redress available against rejections of such applications.

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

1. Article 2, paragraph 2(c), of the Convention. Hiring out of prison labour to private individuals. The Committee notes the adoption of Decree No. 2002-523 of 11 December 2002 amending sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969 regulating prisons and establishing arrangements for the execution of custodial sentences. The Committee notes with satisfaction that prisoners may no longer be hired out without their consent and that, in all cases, there must be individual work contracts between detainees and the employers or private individuals, in addition to the contract between the Ministry of Justice and hirers of prison labour.

2. Trafficking of children for the purpose of exploiting their labour. In its previous comments, the Committee referred to the situation of children, particularly from Mali and Burkina Faso, who are victims of trafficking and who are forced to work, inter alia, in mines and plantations, or as domestic servants. The Committee noted that the Government was aware of the situation and that a number of measures had been taken to combat the trafficking of children to Côte d’Ivoire.

The Committee notes that in 2003, the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and in September 2005, submitted its first report on the application of that Convention. In Article 3, paragraph (a), Convention No. 182 establishes that the worst forms of child labour include all forms of slavery or similar practices, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour. Since Convention No. 182 strengthens the protection of children by requiring ratifying States to take immediate and effective measures for the prohibition and elimination of the worst forms of child labour as a matter of urgency, the Committee will examine the matter of trafficking in children under Convention No. 182, taking due account of the information supplied by the Government in its report on Convention No. 29, including the copies of judicial decisions.

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

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. The Committee noted in its previous comments that Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting the country’s economic and social development allows the requisitioning of individuals or of groups for the performance of certain tasks which are in the national interest, in accordance with conditions set by decree. The period of conscription may not be longer than two years but may be renewed (sections 2, 4 and 6).

The Committee notes that the Government emphasizes that the above Act applies only in exceptional circumstances. The Government refers expressly to section 1 of implementing Decree No. 63-48 of 9 February 1963 under which "recourse may be had to requisitioning only where recruitment of the necessary personnel through normal channels has proved insufficient, or in the event of exceptional circumstances, in particular when the running of a service essential to the life of the nation is placed in jeopardy". The Committee notes that the circumstances covered by the Decree (section 2) do not amount to cases of force majeure, disaster or, in general, circumstances endangering the whole or part of the population.

Consequently, the Committee considers that this form of labour does not fall within the exceptions provided for in Article 2 of the Convention. The Committee refers to its General Survey of 1979 on the abolition of forced labour, paragraphs 63-66, and asks the Government to indicate the measures it plans to take to harmonize the legislation with the requirements of the Convention, for example by repealing or amending the texts in question or by establishing in the law the principle that people may be requisitioned only in circumstances which endanger or are liable to endanger the lives, existence or well-being of the whole or part of the population.

2. Freedom of workers to leave their employment. The Committee notes that section 38 of Ordinance No. 2000-418 of 3 May 2000 establishing the Police Code stipulates that a member of the police force may resign only with the consent of the appointing authority and at the date set by the latter. Referring to paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, the Committee reminds the Government that persons in the service of the State should be entitled to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee asks the Government to state whether members of the police force can leave the service within a reasonable period with previous notice, and to indicate the criteria for rejecting or accepting an application to resign.

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention

1. Since 1972, the Committee has been drawing the Government’s attention to sections 24, 77, 81 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Criminal Procedure Code) which provide that prison labour may be hired to private individuals. The Committee has already recalled in numerous comments on this legislation that it is only when work is voluntarily accepted by prisoners and carried out in conditions similar to those of free employment relations (e.g. as to wages) that prison work for a private enterprise or person may be regarded as compatible with the Convention.

The Committee noted the Government’s statement that draft amendments to bring the abovementioned Decree into conformity with the provisions of the Convention had not yet been completed. The Committee requested the Government to provide information on any developments and any progress achieved in this regard.

In its latest report, the Government indicates that the new Constitution which devotes a section to human rights cannot maintain outdated provisions in the legislation. The Government has therefore decided to review all the texts containing provisions contrary to the spirit of the new Constitution. The Committee notes this statement and, since it has been making comments on the matter for a number of years, it hopes that the necessary measures will be adopted shortly and that the Government will be able to report on progress made in this matter.

2. In its last observation, the Committee referred to certain allegations concerning a widespread practice of migrant labourers, including children particularly from Mali and Burkina Faso, being forced to work on plantations against their will. The Committee requested the Government to supply information on this point.

The Committee notes the Government’s indications in its report that in Côte d’Ivoire undertakings are small and use family labour and sometimes migrants from neighbouring countries. These workers have ultimately established their own undertakings and, to develop them, they bring from their countries relatives and children whom they declare to be their families. This is how the recent practice of using child labour in Côte d’Ivoire has arisen, it has been aggravated by the principle of free circulation of goods and persons in the framework of ECOWAS and the hospitality of the Côte d’Ivoire which is a country of high immigration. The Government adds that Côte d’Ivoire is suffering this development but the real recruiters are not Ivorians. It indicates that in order to combat this scandalous and inhuman practice the Government has adopted specific, vigorous measures and actions such as: strengthening border controls; establishing a legal and institutional framework to combat trafficking of children; carrying out arrests, legal processes and criminal convictions for child traffickers in the courts; identifying children victims of trafficking and repatriating to their families and countries of origin; and carrying out public awareness measures. In addition, Côte d’Ivoire signed a bilateral cooperation agreement with Mali on 1 September 2000 to combat cross-border child trafficking.

The Committee notes the consolidated subregional project report of the International Programme on the Elimination of Child Labour (ILO/IPEC, 2001) entitled "Combating Trafficking in Children for Labour Exploitation in West and Central Africa". According to this report, the children work in mines and plantations or as domestic servants. Most of those working in plantations come from Mali and Burkina Faso. The study reports on organization of trafficking, recruitment of children by intermediaries acting individually or in organized groups (the report states that in Côte d’Ivoire two employment agencies are involved in trafficking of children). According to the report, the intermediaries specialized in the domestic employment sector are Ivorian or Ghanaian while those in the mining sector are Burkinabé and Malian.

According to the report, employers in Ivorian plantations pay 50,000 FCFA (70 dollars) per child (half for transport costs and half for the child) while a mine owner pays 75,000 FCFA (105 dollars) per child (25,000 FCFA for transport costs and 50,000 for the child).

The Committee notes the information presented by Côte d’Ivoire to the Committee on the Rights of the Child (CRC/C/8/Add. 41 of 27 April 2000) which states that the exploitation of child labour takes place also in the production of both goods and services: carpentry, catering, crafts, street trading, domestic work, engineering, mining, etc. The Government cites a study by a non-governmental organization, Defence for Children International (DCI), entitled "Child Labour in the Mines of Côte d’Ivoire, illustrated by the Tortiya and Issia mines", which reveals that 1,150 children are working in the Issia gold mine and Tortiya diamond mine. This child labour involves long hours and night work in violation of both the Convention on the rights of the child and domestic legislation, in particular the Labour Code which restricts the child’s working hours to eight hours a day and expressly prohibits night work (section 22.2). The situation is still worse in the case of girls, who are exploited sexually as well as economically (paragraphs 87 and 88). The report mentions the existence of child prostitution organized by networks and the fact that there are no specific legal provisions covering the sexual exploitation of children for commercial purposes.

The Committee notes the information in the December 2000 national report on monitoring the objectives of the World Summit for Children according to which 750 children work in the mines and around 15,000 children are victims of international trafficking, particularly from Mali towards Côte d’Ivoire.

The Committee notes from the various sources of information mentioned above that the Government is aware of the situation and that certain activities have been undertaken to combat child trafficking towards Côte d’Ivoire. The Committee notes that the new Constitution of 2000 lays down that forced labour is prohibited and punished by the law.

Article 25. Under Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee requests the Government to take the necessary action to sanction persons responsible for people trafficking for the purpose of labour exploitation and to communicate information on the number of legal procedures brought against those responsible and the sentences imposed.

The Committee requests the Government to supply a copy of the Code on the rights of the child, the report on the application of the agreement between Mali and Côte d’Ivoire, Act No. 88-686, the new Penal Code and the Penal Procedure Code.

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

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

1. The Committee noted in its previous comments that Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting the country’s economic and social development allows the requisitioning of individuals or of groups for the performance of certain tasks which are in the national interest, in accordance with conditions set by decree. The period of conscription may not be longer than two years but may be renewed (sections 2, 4 and 6).

The Committee notes that the Government emphasizes that the above Act applies only in exceptional circumstances. The Government refers expressly to section 1 of implementing Decree No. 63-48 of 9 February 1963 under which "recourse may be had to requisitioning only where recruitment of the necessary personnel through normal channels has proved insufficient, or in the event of exceptional circumstances, in particular when the running of a service essential to the life of the nation is placed in jeopardy". The Committee notes that the circumstances covered by the Decree (section 2) do not amount to cases of force majeure, disaster or, in general, circumstances endangering the whole or part of the population.

Consequently, the Committee considers that this form of labour does not fall within the exceptions provided for in Article 2 of the Convention. The Committee refers to its General Survey of 1979 on the abolition of forced labour, paragraphs 63-66, and asks the Government to indicate the measures it plans to take to harmonize the legislation with the requirements of the Convention, for example by repealing or amending the texts in question or by establishing in the law the principle that people may be requisitioned only in circumstances which endanger or are liable to endanger the lives, existence or well-being of the whole or part of the population.

2. Freedom of workers to leave their employment. The Committee notes that section 38 of Ordinance No. 2000-418 of 3 May 2000 establishing the Police Code stipulates that a member of the police force may resign only with the consent of the appointing authority and at the date set by the latter. Referring to paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, the Committee reminds the Government that persons in the service of the State should be entitled to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee asks the Government to state whether members of the police force can leave the service within a reasonable period with previous notice, and to indicate the criteria for rejecting or accepting an application to resign.

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

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention.

1. Since 1972, the Committee has been drawing the Government’s attention to sections 24, 77, 81 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Criminal Procedure Code) which provide that prison labour may be hired to private individuals. The Committee has already recalled in numerous comments on this legislation that it is only when work is voluntarily accepted by prisoners and carried out in conditions similar to those of free employment relations (e.g. as to wages) that prison work for a private enterprise or person may be regarded as compatible with the Convention.

The Committee noted the Government’s statement that draft amendments to bring the abovementioned Decree into conformity with the provisions of the Convention had not yet been completed. The Committee requested the Government to provide information on any developments and any progress achieved in this regard.

In its latest report, the Government indicates that the new Constitution which devotes a section to human rights cannot maintain outdated provisions in the legislation. The Government has therefore decided to review all the texts containing provisions contrary to the spirit of the new Constitution. The Committee notes this statement and, since it has been making comments on the matter for a number of years, it hopes that the necessary measures will be adopted shortly and that the Government will be able to report on progress made in this matter.

2. In its last observation, the Committee referred to certain allegations concerning a widespread practice of migrant labourers, including children particularly from Mali and Burkina Faso, being forced to work on plantations against their will. The Committee requested the Government to supply information on this point.

The Committee notes the Government’s indications in its report that in Côte d’Ivoire undertakings are small and use family labour and sometimes migrants from neighboring countries. These workers have ultimately established their own undertakings and, to develop them, they bring from their countries relatives and children whom they declare to be their families. This is how the recent practice of using child labour in Côte d’Ivoire has arisen, it has been aggravated by the principle of free circulation of goods and persons in the framework of ECOWAS and the hospitality of the Côte d’Ivoire which is a country of high immigration. The Government adds that Côte d’Ivoire is suffering this development but the real recruiters are not Ivorians. It indicates that in order to combat this scandalous and inhuman practice the Government has adopted specific, vigorous measures and actions such as: strengthening border controls; establishing a legal and institutional framework to combat trafficking of children; carrying out arrests, legal processes and criminal convictions for child traffickers in the courts; identifying children victims of trafficking and repatriating to their families and countries of origin; and carrying out public awareness measures. In addition, Côte d’Ivoire signed a bilateral cooperation agreement with Mali on 1 September 2000 to combat cross-border child trafficking.

The Committee notes the consolidated subregional project report of the International Programme on the Elimination of Child Labour (IPEC/OIT, 2001) entitled "Combating Trafficking in Children for Exploitation of their Labour in West and Central Africa". According to this report, the children work in mines and plantations or as domestic servants. Most of those working in plantations come from Mali and Burkina Faso. The study reports on organization of trafficking, recruitment of children by intermediaries acting individually or in organized groups (the report states that in Côte d’Ivoire two employment agencies are involved in trafficking of children). According to the report, the intermediaries specialized in the domestic employment sector are Ivorian or Ghanaian while those in the mining sector are Burkinabé and Malian.

According to the report, employers in Ivorian plantations pay 50,000 FCFA (70 dollars) per child (half for transport costs and half for the child while a mine owner pays 75,000 FCFA (105 dollars) per child (25,000 FCFA for transport costs and 50,000 for the child).

The Committee notes the information presented by Côte d’Ivoire to the Committee on the Rights of the Child (CRC/C/8/Add. 41 of 27 April 2000) which states that the exploitation of child labour takes place also in the production of both goods and services: carpentry, catering, crafts, street trading, domestic work, engineering, mining, etc. The Government cites a study by a non-governmental organization, Defence for Children International, entitled "Child Labour in the Mines of Côte d’Ivoire", illustrated by the Tortiya and Issia mines which reveals that 1,150 children are working in the Issia gold mine and Tortiya diamond mine. This child labour involves long hours and night work in violation of both the Convention on the rights of the child and domestic legislation, in particular the Labour Code which restricts the child’s working hours to eight hours a day and expressly prohibits night work (section 22.2). The situation is still worse in the case of girls, who are exploited sexually as well as economically (paragraphs 87 and 88). The report mentions the existence of child prostitution organized by networks and the fact that there are no specific legal provisions covering the sexual exploitation of children for commercial purposes.

The Committee notes the information in the December 2000 national report on monitoring the objectives of the World Summit for Children according to which 750 children work in the mines and around 15,000 children are victims of international trafficking, particularly from Mali towards Côte d’Ivoire.

The Committee notes from the various sources of information mentioned above that the Government is aware of the situation and that certain activities have been undertaken to combat child trafficking towards Côte d’Ivoire. The Committee notes that the new Constitution of 2000 lays down that forced labour is prohibited and punished by the law.

Article 25. Under Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee requests the Government to take the necessary action to sanction persons responsible for people trafficking for the purpose of labour exploitation and to communicate information on the number of legal procedures brought against those responsible and the sentences imposed.

The Committee requests the Government to supply a copy of the Code on the rights of the child, the report on the application of the agreement between Mali and Côte d’Ivoire, Act No. 88-686, the new Penal Code and the Penal Procedure Code.

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

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 following matters raised in its previous direct request.

Articles 1 and 2 of the Convention.  1.  In its earlier comments, the Committee noted that Act No. 63-4 of 17 January 1963 respecting the use of people to ensure the economic and social promotion of the country provides for citizens to be conscripted to accomplish certain tasks in the interest of the nation in conditions which are established by decree, either by individual or collective decision. This period of compulsory service may not exceed two years, but may be renewed, (sections 2, 4 and 6).

The Committee has noted that the Government insists on reaffirming that the text in question refers to extraordinary circumstances. The Government draws the Committee’s attention to section 1 of the Implementing Decree No. 63-48 of 9 February 1963, which provides that conscription is only possible in the event that the recruitment of the necessary personnel by ordinary means proves inadequate or to respond to an extraordinary situation, particularly one which may jeopardize the functioning of a service essential to the nation. The Committee has noted that the situations covered by the Decree (section 2) are not in conformity with the nature of force majeure, disaster or generally with the circumstances which threaten the whole or part of the population.

Under the circumstances, the Committee considers that this form of labour is not covered by any of the exceptions provided for under Article 2 of the Convention. The Committee refers to the General Survey of 1979 on the abolition of forced labour, paragraphs 63 to 66, and again requests the Government to indicate the measures envisaged to bring its legislation into conformity with the Convention, for example, by repealing or amending the texts in question or by establishing in legislation the principle that conscription may only take place in circumstances which endanger or may endanger the lives, the existence or the well-being of the whole or part of the population.

2.  The Committee has noted Act No. 95-695 of 7 September 1995 respecting the Military Service Code. It notes that service is ended in particular by resignation (section 69). The Committee has taken into consideration the previous information provided by the Government relative to the resignation of career service personnel, in particular those who have completed specialized or advanced training, and has no further comments to make on this point.

3.  With regard to the suspension of civic service provided for under Order No. 8193/MD/CAB1 of 31 December 1983, the Committee has noted that the Government re-emphasizes that the shortage in the number of copies of the Official Journal published does not prevent the application of the measure adopted, since the measure adopted has been the object of a public awareness campaign and published in the national press. The Committee has taken due note of this.

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

  Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention.  The Committee has since 1962 drawn the Government’s attention to sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Criminal Procedure Code) which provides that prison labour may be hired to private individuals. The Committee has already recalled in numerous comments on this legislation that it is only when work is voluntarily accepted by prisoners and carried out in conditions similar to those of free employment relations (e.g. as to wages) that prison work for a private enterprise or person may be regarded as compatible with the Convention. The Committee refers to paragraphs 97 to 101 of the General Survey of 1979 on the abolition of forced labour and the more recent comments in its General Report of 1998, paragraph 125.

The Committee has noted the Government’s statement that the draft amendments to bring the above-mentioned Decree into conformity with the provisions of the Convention have not been completed. The Committee requests the Government to provide information on any developments and any progress achieved in this regard. The Committee also reminds the Government that it may call upon the technical assistance of the International Labour Office to help with any difficulties encountered in bringing its legislation and practice into conformity with the Convention.

In addition, the Committee has become aware of information according to which there is a widespread practice of migrant labourers, including children particularly from Mali and Burkina Faso, being forced to work on plantations against their will. The Committee would be grateful if the Government would include information on this point in its next report.

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

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

Articles 1 and 2 of the Convention. 1. In its previous comments, the Committee noted that Act No. 63-4 of 17 January 1963 respecting the use of people to ensure the economic and social promotion of the country provides for citizens to be conscripted to accomplish certain tasks in the interest of the nation in conditions which are established by decree, either by individual or collective decision. This period of compulsory service may not exceed two years, but may be renewed, (sections 2, 4 and 6).

The Committee notes that the Government insists on reaffirming that the text in question refers to extraordinary circumstances. The Government draws the Committee's attention to section 1 of the Implementing Decree No. 63-48 of 9 February 1963, which provides that conscription is only possible in the event that the recruitment of the necessary personnel by ordinary means proves inadequate or to respond to an extraordinary situation, particularly one which may jeopardize the functioning of a service essential to the nation. The Committee notes that the situations covered by the Decree (section 2) are not in conformity with the nature of force majeure, disaster or generally with the circumstances which threaten the whole or part of the population.

Under the circumstances, the Committee considers that this form of labour is not covered by any of the exceptions provided for under Article 2 of the Convention. The Committee refers to the General Survey of 1979 on the abolition of forced labour, paragraphs 63 to 66, and again requests the Government to indicate the measures envisaged to bring its legislation into conformity with the Convention, for example, by repealing or amending the texts in question or by establishing in legislation the principle that conscription may only take place in circumstances which endanger or may endanger the lives, the existence or the well-being of the whole or part of the population.

2. The Committee notes Act No. 95-695 of 7 September 1995 respecting the Military Service Code. It notes that service is ended in particular by resignation (section 69). The Committee takes into consideration the previous information provided by the Government relative to the resignation of career service personnel, in particular those who have completed specialized or advanced training, and has no further comments to make on this point.

3. With regard to the suspension of civic service provided for under Order No. 8193/MD/CAB1 of 31 December 1983, the Committee notes that the Government re-emphasizes that the shortage in the number of copies of the Official Journal published does not prevent the application of the measure adopted, since the measure adopted has been the object of a public awareness campaign and published in the national press. The Committee takes due note of this.

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

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. The Committee has since 1962 drawn the Government's attention to sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Criminal Procedure Code) which provides that prison labour may be hired to private individuals. The Committee has already recalled in numerous comments on this legislation that it is only when work is voluntarily accepted by prisoners and carried out in conditions similar to those of free employment relations (e.g. as to wages) that prison work for a private enterprise or person may be regarded as compatible with the Convention. The Committee refers to paragraphs 97 to 101 of the General Survey of 1979 on the abolition of forced labour and the more recent comments in its General Report of 1998, paragraph 125.

The Committee notes the Government's statement that the draft amendments to bring the above-mentioned Decree into conformity with the provisions of the Convention have not been completed. The Committee requests the Government to provide information on any developments and any progress achieved in this regard. The Committee also reminds the Government that it may call upon the technical assistance of the International Labour Office to help with any difficulties encountered in bringing its legislation and practice into conformity with the Convention.

In addition, the Committee has become aware of information according to which there is a widespread practice of migrant labourers, including children particularly from Mali and Burkina Faso, being forced to work on plantations against their will. The Committee would be grateful if the Government would include information on this point in its next report.

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

The Committee notes with regret that the Government's report has not been received. Referring to its observation under the Convention, the Committee 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 following matters raised in its previous direct request:

1. In its previous comments, the Committee noted that under section 78 of Act No. 92-570 of 11 September 1992, issuing the General Conditions of Service of the Public Service, definitive termination of the employment relationship is contingent upon, inter alia, the formal acceptance of the application to resign and is consequently irrevocable. The Committee asked the Government to supply information on the time-limit within which the competent authority must hand down its decision, the criteria for acceptance or rejection and available means of redress.

The Committee noted from the Government's report received in 1993 that under section 84 of Decree No. 93-607 of 2 July 1993 issuing common procedures for the application of the General Conditions of Service of the Public Service, the competent authority must hand down its decision within two months and that, if it fails to do so, the application is deemed to have been accepted. The Committee also notes the Government's indication that rejections may be resisted under Act No. 78-663 of 5 August 1978.

The Government also indicated that in view of the measures that have been applied since 1991 to reduce the number of public servants, it would be difficult for the competent authority to refuse applications to resign. In this connection the Committee notes the provisions of Act No. 92-574 of 11 July 1992 under which public servants who are allowed to take early retirement under the voluntary departure programme are granted a pension proportionate to the length of their service.

The Committee also noted the indication by the Government in its report received in 1993 that certain public servants can be denied resignation on own request because of their competencies considered as indispensable to the administration, under Act No. 63-4 of 17 January 1963 respecting the use of people to ensure the economic and social promotion of the country. The Government indicates that the criteria of economic and social promotion might motivate the refusal of the competent authority, when it considers that the public servant who wants to resign can still be useful to the administration, either by the nature of the post or by his specific technical competencies. A contrario, the public servant whose resignation does not harm the functioning of the service is in a position to see his resignation accepted by the competent authority.

The Committee has taken due note of these indications. The Committee notes that under the provisions of Act No. 63-4 all citizens can be required to accomplish certain tasks of national interest, and that persons called up or used in the interest of the nation according to their occupations, competencies or skills, either individually or in the administration, public and private enterprises. Conditions of calling up are governed by decree, either by an individual decision or a collective one. Calling up cannot go beyond two years, but can be renewed (sections 2, 4 and 6).

Referring to Article 2, paragraph 2(d), of the Convention and to paragraphs 63 to 66 of its 1979 General Survey on the abolition of forced labour, the Committee requests the Government to indicate measures taken or envisaged to insert in the legislation the principle that labour may be called up only in circumstances endangering, or likely to endanger, the existence or well-being of the whole or part of the population.

The Committee has noted the information supplied by the Government concerning the length of the compulsory service that career servicemen who have received training must perform before they may resign. It hopes that the Government will provide a copy of the Military Service Code as soon as it has been adopted.

In its previous comments the Committee noted Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to suspend civic service and asked the Government to provide a copy of the Official Gazette in which the above text was published. The Committee noted the Government's statement in its report received in 1993 that it is unable to provide the necessary references. The Committee asks the Government to indicate how the public was informed of the disbanding of the civic service and to provide copies of any relevant documents.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee referred to sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Code of Criminal Procedure) under which prison labour may be hired out to private persons. In response to the Government's reference to the system of "semi-freedom", this Committee noted that this system is governed by sections 25, 83 and 87 of Decree No. 69-189 and allows prisoners to work for private enterprises under the terms of employment contracts which have been freely concluded by them with their employer and under the normal conditions of work as regards, for example, occupational accidents. This is not the case of prisoners governed by sections 24, 77 and 82 of the Decree. The Committee noted that the Convention, in Article 2, paragraph 2(c), expressly prohibits persons, from whom work is exacted as a consequence of a conviction in a court of law, from being placed at the disposal of private individuals, companies or associations. Only work performed under the conditions of a free employment relationship can be held to be compatible with this prohibition; this necessarily requires the formal consent of the person concerned and, in the light of the circumstances in which this consent is given, guarantees and safeguards in respect to wages and social security which make it possible to consider that it is a real free employment relationship. The Committee noted from the information in the Government's report received in 1993 that the Minister of Justice plans to submit to the Council of Ministers draft amendments to the provisions of the above-mentioned Decree respecting prison labour which will bring them into closer conformity with the Convention. It hopes that the Government will provide information on the provisions adopted to bring the legislation into conformity with the Convention.

END OF REPETITION

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

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

Referring to its observation under the Convention, the Committee 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 following matters raised in its previous direct request:

1. In its previous comments, the Committee noted that under section 78 of Act No. 92-570 of 11 September 1992, issuing the General Conditions of Service of the Public Service, definitive termination of the employment relationship is contingent upon, inter alia, the formal acceptance of the application to resign and is consequently irrevocable. The Committee asked the Government to supply information on the time-limit within which the competent authority must hand down its decision, the criteria for acceptance or rejection and available means of redress.

The Committee noted from the Government's report received in 1993 that under section 84 of Decree No. 93-607 of 2 July 1993 issuing common procedures for the application of the General Conditions of Service of the Public Service, the competent authority must hand down its decision within two months and that, if it fails to do so, the application is deemed to have been accepted. The Committee also notes the Government's indication that rejections may be resisted under Act No. 78-663 of 5 August 1978.

The Government also indicated that in view of the measures that have been applied since 1991 to reduce the number of public servants, it would be difficult for the competent authority to refuse applications to resign. In this connection the Committee notes the provisions of Act No. 92-574 of 11 July 1992 under which public servants who are allowed to take early retirement under the voluntary departure programme are granted a pension proportionate to the length of their service.

The Committee also noted the indication by the Government in its report received in 1993 that certain public servants can be denied resignation on own request because of their competencies considered as indispensable to the administration, under Act No. 63-4 of 17 January 1963 respecting the use of people to ensure the economic and social promotion of the country. The Government indicates that the criteria of economic and social promotion might motivate the refusal of the competent authority, when it considers that the public servant who wants to resign can still be useful to the administration, either by the nature of the post or by his specific technical competencies. A contrario, the public servant whose resignation does not harm the functioning of the service is in a position to see his resignation accepted by the competent authority.

The Committee has taken due note of these indications. The Committee notes that under the provisions of Act No. 63-4 all citizens can be required to accomplish certain tasks of national interest, and that persons called up or used in the interest of the nation according to their occupations, competencies or skills, either individually or in the administration, public and private enterprises. Conditions of calling up are governed by decree, either by an individual decision or a collective one. Calling up cannot go beyond two years, but can be renewed (sections 2, 4 and 6).

Referring to Article 2, paragraph 2(d), of the Convention and to paragraphs 63 to 66 of its 1979 General Survey on the abolition of forced labour, the Committee requests the Government to indicate measures taken or envisaged to insert in the legislation the principle that labour may be called up only in circumstances endangering, or likely to endanger, the existence or well-being of the whole or part of the population.

The Committee has noted the information supplied by the Government concerning the length of the compulsory service that career servicemen who have received training must perform before they may resign. It hopes that the Government will provide a copy of the Military Service Code as soon as it has been adopted.

In its previous comments the Committee noted Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to suspend civic service and asked the Government to provide a copy of the Official Gazette in which the above text was published. The Committee noted the Government's statement in its report received in 1993 that it is unable to provide the necessary references. The Committee asks the Government to indicate how the public was informed of the disbanding of the civic service and to provide copies of any relevant documents.

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation as follows:

In its previous comments, the Committe referred to sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Code of Criminal Procedure) under which prison labour may be hired out to private persons. In response to the Government's reference to the system of "semi-freedom", this Committee noted that this system is governed by sections 25, 83 and 87 of Decree No. 69-189 and allows prisoners to work for private enterprises under the terms of employment contracts which have been freely concluded by them with their employer and under the normal conditions of work as regards, for example, occupational accidents. This is not the case of prisoners governed by sections 24, 77 and 82 of the Decree. The Committee noted that the Convention, in Article 2, paragraph 2(c), expressly prohibits persons, from whom work is exacted as a consequence of a conviction in a court of law, from being placed at the disposal of private individuals, companies or associations. Only work performed under the conditions of a free employment relationship can be held to be compatible with this prohibition; this necessarily requires the formal consent of the person concerned and, in the light of the circumstances in which this consent is given, guarantees and safeguards in respect to wages and social security which make it possible to consider that it is a real free employment relationship. The Committee noted from the information in the Government's report received in 1993 that the Minister of Justice plans to submit to the Council of Ministers draft amendments to the provisions of the above-mentioned Decree respecting prison labour which will bring them into closer conformity with the Convention. It hopes that the Government will provide information on the provisions adopted to bring the legislation into conformity with the Convention.

END OF REPETITION

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

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

The Committee notes the information provided by the Government in its reports of March and October 1993.

1. In its previous comments, the Committee noted that under section 78 of Act No. 92-570 of 11 September 1992, issuing the General Conditions of Service of the Public Service, definitive termination of the employment relationship is contingent upon, inter alia, the formal acceptance of the application to resign and is consequently irrevocable. The Committee asked the Government to supply information on the time-limit within which the competent authority must hand down its decision, the criteria for acceptance or rejection and available means of redress.

The Committee notes from the Government's report that under section 84 of Decree No. 93-607 of 2 July 1993 issuing common procedures for the application of the General Conditions of Service of the Public Service, the competent authority must hand down its decision within two months and that, if it fails to do so, the application is deemed to have been accepted. The Committee also notes the Government's indication that rejections may be resisted under Act No. 78-663 of 5 August 1978.

The Government also indicates that in view of the measures that have been applied since 1991 to reduce the number of public servants, it would be difficult for the competent authority to refuse applications to resign. In this connection the Committee notes the provisions of Act No. 92-574 of 11 July 1992 under which public servants who are allowed to take early retirement under the voluntary departure programme are granted a pension proportionate to the length of their service.

The Committee also notes the indication by the Government in its report that certain public servants can be denied resignation on own request because of their competences considered as indispensable to the administration, under Act No. 63-4 of 17 January 1963 respecting the use of people to ensure the economic and social promotion of the country. The Government indicates that the criteria of economic and social promotion might motivate the refusal of the competent authority, when it considers that the public servant who wants to resign can still be useful to the administration, either by the nature of the post or by his specific technical competences. A contrario, the public servant whose resignation does not harm the functioning of the service is in a position to see his resignation accepted by the competent authority.

The Committee takes due note of these indications. The Committee notes that under the provisions of Act No. 63-4 all citizens can be required to accomplish certain tasks of national interest, and that persons called up or used in the interest of the nation according to their occupations, competences or skills, either individually or in the administration, public and private enterprises. Conditions of calling-up are governed by Decree, either by an individual decision or a collective one. Calling-up cannot go beyond two years, but can be renewed (sections 2, 4 and 6).

Referring to Article 2, paragraph 2(d), of the Convention and to paragraphs 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requests the Government to indicate measures taken or envisaged to insert in the legislation the principle that labour may be called up only in circumstances endangering, or likely to endanger, the existence or well-being of the whole or part of the population.

The Committee notes the information supplied by the Government concerning the length of the compulsory service that career servicemen who have received training must perform before they may resign. It hopes that the Government will provide a copy of the Military Service Code as soon as it has been adopted.

In its previous comments the Committee noted Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to suspend civic service and asked the Government to provide a copy of the Official Gazette in which the above text was published. The Committee notes the Government's statement in its last report that it is unable to provide the necessary references. The Committee asks the Government to indicate how the public was informed of the disbanding of the civic service and to provide copies of any relevant documents.

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

In its previous comments, the Committe referred to section 24, 77 and 82 of Decree No. 69-189 of 14 May 1969 (issued under sections 680 and 683 of the Code of Criminal procedure) under which prison labour may be hired out to private persons.

In response to the Government's reference to the system of "semi-freedom", this Committee noted that this system is governed by sections 25, 83 and 87 of Decree No. 69-189 and allows prisoners to work for private enterprises under the terms of employment contracts which have been freely concluded by them with their employer and under the normal conditions of work as regards, for example, occupational accidents. This is not the case of prisoners governed by sections 24, 77 and 82 of the Decree.

The Committee noted that the Convention, in Article 2, paragraph 2(c), expressly prohibits persons, from whom work is exacted as a consequence of a conviction in a court of law, from being placed at the disposal of private individuals, companies or associations. Only work performed under the conditions of a free employment relationship can be held to be compatible with this prohibition; this necessarily requires the formal consent of the person concerned and, in the light of the circumstances in which this consent is given, guarantees and safeguards in respect to wages and social security which make it possible to consider that it is a real free employment relationship.

The Committee notes from the information in the Government's report that the Minister of Justice plans to submit to the Council of Ministers draft amendments to the provisions of the above-mentioned Decree respecting prison labour which will bring them into closer conformity with the Convention. It hopes that the Government will provide information on the provisions adopted to bring the legislation into conformity with the Convention.

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

1. In its previous comments, the Committee referred to the provisions respecting the resignation of public servants contained in section 35 of Act No. 64-488 of 21 December 1964 to issue the general conditions of service of the public service, as well as to sections 52 and 54 of Decree No. 65-15 of 14 January 1965. The Committee requested the Government to provide information on the criteria that determine the acceptance or rejection of applications to resign and on the possibilities of appeal in the event of rejection.

The Committee notes Act No. 92/570 of 11 September 1992 to issue the general conditions of service of the public service, section 88 of which repeals all previous conflicting provisions. The Committee notes that by virtue of section 78, which in substance retains the provisions contained in section 35 of the above Act of 1964, the definitive termination of the employment relationship is consequent, among other matters, on the resignation application being accepted and, as such, irrevocable.

The Committee requests the Government to supply information on the time-limit within which the authority must hand down its decision to accept the application for resignation and to specify the criteria that determine the acceptance or rejection of applications to resign, and the possibilities of appeal which are available. It also requests the Government to indicate whether Decree No. 65-15 of 1965 remains applicable or, if not, to supply the text of any Decree issued under Act No. 92-570 of 1992.

2. The Committee notes with interest Act No. 92-572 of 11 September 1992, to repeal Act No. 77-526 of 30 July 1977, which specified the minimum length of service to be completed by physicians, pharmacists and dentists in the administration.

3. In its previous comments, the Committee requested the Government to supply information on the length of service required of a career serviceman who has undertaken to service for a specific period following further training, instruction or special training, and to provide a copy of the relevant texts. The Committee notes that the Government's report does not contain information on this point and hopes that the Government will supply information on this point in its next report.

4. The Committee previously noted Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to disband the civic service. The Committee once again hopes that the Government will supply a copy of the Official Gazette in which the above text was published.

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

In its previous comments, the Committee referred to sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969, issued under sections 680 and 683 of the Code of Criminal Procedure, which provide for the hiring-out of prison labour to private persons.

With regard to the Government's reference to semi-freedom, the Committee notes that this is governed by sections 25, 83 and 87 of Decree No. 69-189 and allows prisoners to work for private enterprises under the terms of employment contracts which have been freely concluded by them with their employer and under the normal conditions of work as regards, for example, occupational accidents. Such is not the case of prisoners governed by sections 24, 77 and 82 of the Decree.

The Committee notes that the Convention, in Article 2, paragraph 2(c), explicitly prohibits persons, from whom work is exacted as a consequence of a conviction in a court of law, from being placed at the disposal of private individuals, companies or associations. Only work performed under the conditions of a free employment relationship can be considered to lie outside the scope of this prohibition, which necessarily requires the formal consent of the person concerned and, in view of the circumstances in which this consent is given, guarantees and safeguards with regard to wages and social security which make it possible to consider that it is a real free employment relationship.

The Committee requested the Government to indicate the measures that have been taken or are under consideration in this respect. The Committee notes that the Government's report does not contain information in this regard and hopes that the Government will soon supply the required information.

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

The Committee notes that the Government's report contains no information in reply to its previous direct request. The Committee hopes that the Government will provide information on the following points in its next report:

1. The Committee takes note of the information supplied by the Government in its reports concerning the resignation of public servants. The Committee notes that, under sections 52 and 54 of Decree No. 65-15 of 14 January 1965, a public servant may resign only if his application to do so is accepted by the authority empowered to make appointments, and a public servant who terminates his duties before the date fixed by the competent authority may be subject to disciplinary sanction; his pension, if he is entitled to one, may be reduced by 25 per cent for the first six months. Referring to paragraphs 67-73 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee requests the Government to provide information on the criteria that determine the authority's acceptance or rejection of applications to resign, and on the possibilities of appeal in the event of rejection.

The Committee also takes note of the information supplied by the Government concerning the procedure for the resignation of career servicemen. The Committee asks the Government to provide additional information on the length of service required when the person concerned has undertaken to serve for a specific period, following further training, instruction or special training, and to provide a copy of the relevant texts and of the provisions of the common regime for resignations which, according to the Government, governs the situation of career servicemen.

2. The Committee takes note of Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to disband the civic service. The Committee requests the Government to supply a copy of the Official Gazette in which the above text was published with its next report.

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

The Committee notes that the Government's report contains no information in reply to its previous comments. The Committee is therefore bound to repeat its previous observation concerning the following points:

In previous comments, the Committee has referred to the provisions of sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969, issued under sections 680 and 683 of the Code of Criminal Procedure, which provide for the hiring-out of prison labour to private persons. The Committee requested the Government to indicate the measures taken or under consideration to bring the law into conformity with the Convention and with the practice whereby, according to the Government's indications, prisoners are no longer hired out or placed at the disposal of private persons, companies or associations. The Committee took note of the information provided by the Government, to the effect that the hiring-out of prison labour followed a specific procedure designed to protect prisoners and involving a contract between the Minister of Justice and the user. The Government added that prisoners like working outside the prison, in semi-liberty, and that it enabled them to make savings as the work is remunerated. The Committee noted previously that sections 25, 83 and 87 of Decree No. 69-189 provide for a system of semi-liberty whereby prisoners may work for private enterprises by virtue of a contract of employment freely concluded by them with the employer and under normal conditions relating to such matters as workmen's compensation; sections 24, 77 and 82, on the other hand, provide that prisoners may be placed at the disposal of private enterprises by virtue of a contract between the Minister of Justice and the enterprise. In view of the provisions of the Convention which explicitly prohibit prisoners from being hired out or placed at the disposal of private individuals, companies or associations, and of the explanations contained in paragraphs 97 and 98 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee expressed the hope that the Government would shortly take the necessary measures to ensure that the work of all prisoners in the service of private persons or entities, whether in or outside the penal establishment, was carried out in conditions of a free work relationship, i.e. that it was subject to the consent of the persons concerned and the necessary safeguards, particularly with regard to wages and social security.

The Committee asks the Government to indicate the measures that have been taken or are under consideration in this respect.

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

1. The Committee takes note of the information supplied by the Government in its reports, concerning the resignation of public servants. The Committee notes that, under sections 52 and 54 of Decree No. 65-15 of 14 January 1965, a public servant may resign only if his application to do so is accepted by the authority empowered to make appointments, and a public servant who terminates his duties before the date fixed by the competent authority may be subject to disciplinary sanction; his pension, if he is entitled to one, may be reduced by 25 per cent for the first six months. Referring to paragraphs 67-73 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee requests the Government to provide information on the criteria that determine the authority's acceptance or rejection of applications to resign, and on the possibilities of appeal in the event of rejection.

The Committee also takes note of the information supplied by the Government concerning the procedure for the resignation of career servicemen. The Committee asks the Government to provide additional information on the length of service required when the person concerned has undertaken to serve for a specific period, following further training, instruction or special training, and to provide a copy of the relevant texts and of the provisions of the common regime for resignations which, according to the Government, governs the situation of career servicemen.

2. The Committee takes note of Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to disband the civic service. The Committee requests the Government to supply a copy of the Official Gazette in which the above text was published with its next report.

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

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

In previous comments, the Committee has referred to the provisions of sections 24, 77 and 82 of Decree No. 69-189 of 14 May 1969, issued under sections 680 and 683 of the Code of Criminal Procedure, which provide for the hiring-out of prison labour to private persons. The Committee requested the Government to indicate the measures taken or under consideration to bring the law into conformity with the Convention and with the practice whereby, according to the Government's indications, prisoners are no longer hired out or placed at the disposal of private persons, companies or associations.

The Committee takes note of the information provided by the Government, to the effect that the hiring-out of prison labour follows a specific procedure designed to protect prisoners and involving a contract between the Minister of Justice and the user. The Government adds that prisoners like working outside the prison, in semi-liberty, and that it enables them to make savings as the work is remunerated.

The Committee noted previously that sections 25, 83 and 87 of Decree No. 69-189 provide for a system of semi-liberty whereby prisoners may work for private enterprises by virtue of a contract of employment freely concluded by them with the employer and under normal conditions relating to such matters as workmen's compensation; sections 24, 77 and 82, on the other hand, provide that prisoners may be placed at the disposal of private enterprises by virtue of a contract between the Minister of Justice and the enterprise.

In view of the provisions of the Convention which explicitly prohibit prisoners from being hired out or placed at the disposal of private individuals, companies or associations, and of the explanations contained in paragraphs 97 and 98 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee expresses the hope that the Government will shortly take the necessary measures to ensure that the work of all prisoners in the service of private persons or entities, whether in or outside the penal establishment, is carried out in conditions of a free work relationship, i.e. that it is subject to the consent of the persons concerned and the necessary safeguards, particularly with regard to wages and social security. The Committee requests the Government to indicate the measures taken or contemplated in this regard.