Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Côte d'Ivoire (Ratification: 1961)

Impact of compulsory prison labour on the application of Article 1(a), (c) and (d) of the Convention. The Committee recalls that although the reference to the obligation to work of persons serving a prison sentence was removed from the Penal Code of 2019, this obligation has been retained in the Code of Criminal Procedure of 2018 (section 724) and is still in force in the Decree of 1969 regulating prisons (section 68). Noting the Government’s indication that the provisions establishing compulsory prison labour contained in the Code of Criminal Procedure and the Decree of 1969 did not apply in practice, the Committee encouraged the Government to bring its legislation into line with the practice indicated, by formally repealing the provisions of the Code of Criminal Procedure and the Decree of 1969 regulating prisons, which establish the obligation to work.

The Committee notes the Government’s reference in its report to the sentence of community work and Decree No. 2021-241 of 26 May 2021 determining procedures for serving this sentence. This sentence can be imposed by the judge as an alternative to a prison sentence not exceeding three years, for misdemeanours or minor offences. The Committee recalls that criminal penalties involving compulsory labour, whether in the form of a prison sentence or a community work sentence, come within the scope of application of the Convention when they are imposed as a punishment for expressing political views or views opposed to the established political, social or economic system or for taking part in a strike.

In view of the obligation to work which applies to persons serving a prison sentence or a community work sentence, the Committee once again refers to the provisions of the Penal Code set out below, which may have an impact on the application of Article 1(a), (c) and (d) of the Convention, and regarding which the Government has not provided any information.

With respect to Article 1(a) of the Convention (work imposed as a punishment for expressing political views or views opposed to the established political, social or economic system):

• section 182: possession, distribution, sale or public display, for propaganda purposes, of tracts or bulletins of foreign origin or inspiration, such as to harm the national interest;
• section 183: publication, dissemination, disclosure or reproduction by whatever means of false information which results in or could result in […] the undermining of public morals or the discrediting of institutions or their functioning;
• sections 197–199: participation in a prohibited demonstration, participation in the organization of an unauthorized or prohibited demonstration, and organization of an unauthorized or prohibited demonstration;
• sections 264–270: insults directed at the President of the Republic or the Vice-President of the Republic, heads of State and representatives of foreign governments, and insults directed at national emblems and public authorities;
• section 367: insults through an information system.

With respect to Article 1(c) (labour imposed as a means of labour discipline):

• section 295: negligence by a civil servant causing delays, slowdowns or disruption that seriously affects the functioning of the public service in which he/she works.

Lastly, with respect to Article 1(d) (labour imposed as a punishment for having participated in strikes):

• section 342: threats or deception intended to cause or maintain a concerted work stoppage with a view to forcing an increase or decrease in wages or undermining the free exercise of industry or work.

The Committee once again requests the Government to provide information on the application in practice of the above-mentioned provisions, including examples of relevant court decisions, facts having given rise to prosecutions, and penalties imposed. The Committee requests the Government to ensure that no sentence which involves compulsory labour, imprisonment or community work may be imposed under the above-mentioned provisions of the Penal Code in the circumstances covered by Article 1(a), (c) and (d) of the Convention.