Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Côte d'Ivoire (Ratification: 1960)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Côte d'Ivoire (Ratification: 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.