Côte d’Ivoire - 2011

Population: 21,100,000
Capital: Yamoussoukro
The political crisis has prevented the full exercise of trade union rights. The absence of criteria governing representativeness and growing divisions continue to undermine the trade union movement. While there are limitations, fundamental trade union rights are guaranteed by law.

reported violations - 2011

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Background

At the end of the year, the country was again thrown into institutional chaos and violence. The independent electoral commission announced that Alassane Ouattara was the winner of the second round of presidential elections on 28 November, but the Constitutional Council, run by supporters of outgoing President Laurent Gbagbo declared the results invalid. All attempts at mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation
were in vain. By year’s end, political violence had already caused the death of over 200 people.

Trade union rights in law

The Constitution of 23 July 2000 guarantees freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
and the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in both the private and the public sector, but the guarantees are frustrated by a number of restrictions. Foreigners may not hold union office until they have been residents for at least three years, unless there is a reciprocal trade union and worker protection agreement with the foreigners’ home country.

Workers are vulnerable to anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

, as the Labour Code does not provide for sufficiently dissuasive sanctions. Also, all labour disputes must go through a complicated conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation
and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation
procedure. The President of the Republic may submit strikes in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
to arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
, but the Labour Code does not contain a list of services considered to be essential.

In practice

Union divisions encouraged, representativeness undermined : With no objective criteria set down in the labour code, there are no guarantees for the recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of representative trade unions. This lack of precision has enabled both public and private employers to refuse to negotiate, while discrediting trade unions or repressing their activities. The socio-political chaos has weakened the trade union movement, and dissent has been encouraged in several public sector unions.

Violations

Still no reinstatement for the 39 SICOGI strikers: The Côte d’Ivoire General Workers Union (UGTCI) continued in vain to demand the reinstatement of 39 workers at the Côte d’Ivoire Construction and Real Estate Company (SICOGI), dismissed following a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in December 2007. In 2009, the National Labour Council, a new tripartite institution set up to prevent and manage industrial disputes, had concluded that the dismissals were unjustified and that the employer had exercised a blatant abuse of authority.
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