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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Côte d'Ivoire (Ratification: 1961)

Application of the Convention in practice. In its previous comments, further to the comments received from trade union organizations, including the International Trade Union Confederation (ITUC), the Committee requested the Government to provide information on the court decisions handed down in relation to the dismissals of the leaders of the National Union of Employees of SODEFOR (SYNACOS) and the conflict in the National Union of Secondary School Teachers (SYNESCI), in which the Government is alleged to have interfered in their affairs by challenging the legitimacy of their leader and occupying their premises, and it requested the Government to provide its observations in reply to the allegations of acts of intimidation by the authorities against the National Union of High-level Health Managers of Côte d’Ivoire (SYNACASS-CI), and particularly the fact that the Secretary-General of the union was removed from office without reasons being given in December 2008. The Committee notes the Government’s replies to the issues raised. With regard to the case of SYNACOS (SODEFOR), the Government indicates that the Secretary-General of SYNACOS was reinstated, as well as all the trade unionists who had been dismissed, and that this reinstatement came into force following an agreement bringing an end to the dispute on a definitive basis. The Committee welcomes this information. With regard to the case of the SYNACASS-CI, the Government indicates that there is no anti-union practice involved, as the Secretary-General of the union left of his own accord and the Government was not in any way involved in his departure. With reference to the case of the SYNESCI, the Government has not provided any additional information. The Committee once again requests the Government to provide information on the court decisions handed down concerning the dispute in the SYNESCI.

Article 4. Promotion of collective bargaining. The Committee notes the comments of the ITUC, dated 4 August 2011, reporting that the political crisis has prevented the proper exercise of trade union freedoms. The Committee also notes that, according to the ITUC, in view of the lack of objective criteria set out in the Labour Code, recognition of the representative status of trade unions is not ensured and that this uncertainty has allowed public and private employers to reject any negotiation and to discredit trade unions or repress their activities. In this respect, the Committee notes that, although sections 56.1 to 56.3 of the Labour Code establish criteria that are applicable to establishing the representative status of trade unions, no independent body appears to be responsible for determining whether or not an organization fulfils the required conditions and whether or not an organization can engage in negotiation. The Committee recalls that, in order to encourage the harmonious development of collective bargaining and avoid disputes, it would be desirable to draw up and apply objective procedures which make it possible to determine the most representative trade unions for the purpose of collective bargaining when it is not clear which trade unions the workers would like to represent them (see the 1994 General Survey on freedom of association and collective bargaining, paragraph 242). The Committee requests the Government to provide its observations in reply to the comments of the ITUC and requests it to ensure that the determination of the most representative trade unions is based on objective criteria and is carried out by an independent body.