Terms of reference for the analysis of the law and practice of Côte d'Ivoire with regard to ILO Convention No. 189 on decent work for domestic workers
I- Context and justifications
The domestic work sector is one of those in which workers suffer the most. Much remains to be done to make decent work a reality there. In 2010, around the world, around 45% of all domestic workers were not entitled to even one day of rest per week[1]. Some 36% of domestic workers were not entitled to maternity leave.
This situation is largely attributable to the informal framework in which this activity is carried out, i.e. the family framework: the confusion between the employment relationship and the family relationship that results from it has the consequence of recognizing less legal protection to domestic workers compared to workers of the same degree belonging to other sectors.
Thus, domestic workers are among the most vulnerable categories of labour, those who are already marginalized and the least equipped to cope with the consequences of economic crises, the most affected being women and girls who, in to a large extent, moonlight[2]. This is particularly the case with the Covid19 health crisis which has had a serious impact on domestic workers: dismissals without payment of benefits, various forms of violence, lack of protection of their health, etc.
The African context in general and Ivorian in particular is characterized by a high rate of illiteracy, a high rate of impoverishment, significant social disparities as well as a low rate of access to rights; the rights of domestic workers suffer greatly.
Admittedly, the Ivorian constitution in its article 15 recognizes that “ Every citizen has the right to decent working conditions and fair remuneration. and the 2015 Labor Code with its general provisions takes this sector into account, but it is not subject to specific regulations[3].
Furthermore, the informal nature of the framework in which this working relationship takes place, the employer's home, is not without - negative - effects on respect for the rights of workers in this sector. Thus, domestic workers are victims of numerous violations of the Fundamental Principles and Rights at Work.
Moreover, this deficit in terms of rights, the extreme dependence on their employer and the isolated and unprotected nature of domestic work are likely to make domestic workers more vulnerable to exploitation and abuse. [4].
The Ivorian trade union organizations act, within the framework of their mandate, for the defense and protection of domestic workers. It is thus that the Inter-union Committee for the Transition to the Formal Economy - CITEF (composed of the five most representative unions: UGTCI, CISL/Dignité, FESACI, CSH, UNATRCI) carries out awareness-raising actions for workers, employers and authorities. on the rights of women workers in general, the benefit of social protection rights (CMU) and the ratification of Convention 189 (see https://www.ilo.org/africa/media-centre/news/WCMS_816942/ lang--fr/index.htm ).
The Decent Work for Domestic Workers Convention (No. 189) and its accompanying Recommendation (No. 201), both adopted in 2011, offer a historic opportunity to make decent work a reality for domestic workers and domestic workers around the world. Their aim is to guarantee them working conditions and decent pay. Its ratification and implementation by the State of Côte d'Ivoire would fill a significant void and would constitute a major step towards respect for human rights in general.
This study aims to study the shortcomings in the ratification of ILO Convention 189 by Côte d'Ivoire. Indeed, even if there is no regulatory text specifically devoted to domestic work in Côte d'Ivoire, this sector is nonetheless taken into account, explicitly or implicitly, by legislative and regulatory texts and policies. public. Therefore, analyzing the discrepancies between these texts and Convention 189 before its ratification is a necessary exercise.
It is to this end that the Government of Côte d'Ivoire has requested the support of the International Labor Office in order to carry out, through the Trade for Decent Work Project financed by Finland, an analysis aimed at identifying the gaps national law and national practice with regard to the principles of Convention No. 189.
II- Objectives
Carry out a study on the state of domestic work and the existing legal framework in general, and in particular, the existing gaps, taking into account the requirements of ILO Convention No. 189, in order to identify any measures that must be taken with a view to the ratification of Convention No. 189, 2011.
More specifically, the consultation aims to:
Identify relevant provisions of national laws, regulations, policies, etc. in relation to domestic work, and determine if and how the provisions of Convention No. 189/Recommendation No. 201 are reflected in these national provisions and practices in Côte d'Ivoire;
Identify the provisions of laws, regulations, policies, administrative measures, etc. Côte d'Ivoire which would need to be amended to comply with the convention;
Recommend necessary changes in law and practice to ensure compliance with Convention No. 189.
III- Description of tasks
The consultant will be responsible for establishing an exhaustive list of legislation and all relevant regulatory acts on domestic work applicable and applied in Côte d'Ivoire.
The analysis should also address issues of compatibility, or even conformity, between, on the one hand, the national legal framework and practice relating to domestic work and, on the other hand, Convention No. 189. This analysis will be summarized in a matrix in the appendix.
A conclusion under each of the provisions of the convention should determine the degree of conformity of national law and practice with the convention and specify the extent to which the necessary information is available, listing the points on which deficiencies seem to exist.
The texts of laws and regulations analyzed as well as the information must be included in the appendix with an indication of the sources from which they come.
The consultant will have to make restitutions of the study during the restitution and validation workshop.
IV- Expected products and schedule
Ø Product 1: the draft report which should include:
An analysis of the extent to which the national legislative, regulatory and policy framework meets the requirements of C. 189;
In the event of gaps or inconsistencies with Convention No. 189:
The extent to which national law or practice can be adapted;
If national law or practice is considered relevant, mention the provisions of the convention for which such an adjustment would be difficult;
A list of relevant legal and policy provisions, including web links to the legal texts reviewed;
A summary table of relevant legal information under each provision (existing legislative, regulatory and policy frameworks implementing the provision, identification of gaps or inconsistencies and recommendations for changes based on C. 189, and where relevant, R201 ). This table will serve as a basis for discussion during the tripartite validation workshop.
Ø Output 2: Participation in a tripartite consultation or validation workshop to present the findings of the report and obtain feedback from key stakeholders.
Ø Product 3: the Final Report . Based on the comments and contributions provided during the validation / consultation workshop and the technical comments provided by the ILO Dakar Standards Specialist, the consultant will finalize the report which must be available no later than 2 weeks after the consultations . tripartite
V- Method
The consultant will develop and apply a rigorous research methodology for this comparative analysis to assess the national regulatory framework and practice on domestic work, in line with Convention No. 189. He/she will also determine in which measure laws and regulations, policies, mechanisms and other measures should be adjusted or supplemented to meet the requirements of Convention No. 189. the recommendation) which will be communicated to him. The consultant's attention is drawn to the fact that Recommendation No. 201 contains provisions specifying or developing the provisions of the convention and sometimes gives useful examples for understanding the concepts,
The consultant will review official reports on Côte d'Ivoire (such as UNDP Country Office, UN Treaty Bodies, Regional Human Rights Bodies). He/she will also compile a list of national laws, regulations or other measures that implement the provisions of the convention and will compile relevant links, which can be downloaded and referenced accordingly.
The consultant will also research whether there are other relevant means for the future implementation of the convention, such as collective agreements, arbitration awards or court decisions (providing links to examples agreements or court decisions). He/she will also need to obtain information from a wide range of ministries, departments, social partners and civil society organisations, selected to ensure that all possibilities of obtaining the most up-to-date information have been explored.
The analysis should be carried out in the form of a matrix. A conclusion under each of the provisions of the convention should determine the degree of conformity of national law and practice with the convention (see table in appendix); and specify the extent to which the necessary information is available, listing the points where deficiencies seem to exist. Even if the product requested is a comparative analysis between Convention No. 189 and national provisions, the consultant may refer to the paragraphs of Recommendation No. 201 in the analysis, particularly in the proposal part.
VI- Supervision
The mission will be entrusted to a consultant selected according to the criteria contained in these terms of reference. The work of the consultant will be supervised by the standards specialist from the Dakar Office.
VII- Report format
1. For the draft report
The report and its annexes must be submitted electronically in French and in MS Word format, including all graphs and tables made available.
2. For the tripartite consultation or validation workshop
Powerpoint presentation (PPT) presenting the main conclusions and recommendations.
3. For the final report
The final report and its annexes will be shared with the main stakeholders concerned for comments and approval of the recommendations put forward.
VIII- Duration of the consultation
The work of this consultation should be carried out and finalized within 25 working days, starting April 10, 2022.
Number of working days
Production of the draft report: 15 days
Collection of contributions and integration of contributions 05 days
Preparation and presentation to the tripartite workshop: 02 days
Integration of comments and submission of the final report: 03 days
Total: 25 days
IX- Profile of the resource person
▪ University education in law
§ Mastery of national labor law and International Labor Standards;
▪ Professional experience of at least five years
▪ Dynamism, strength of proposal and knowledge of the local context;
▪ Good capacity for analysis, synthesis and writing
▪ Good computer skills.
X. payment of the consultant's fees
The consultant will receive:
At the start of the study, after the scoping meeting, 30% of the fees for his travel expenses.
The remaining 70% of the fees will be paid upon receipt of the final report and to the satisfaction of the ILO.
[1] https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_200953/lang--en/index.htm
[3] It should be noted that Law N 2021 – 894 of 21/12/2021 relating to measures for the protection of domestic violence, rape and sexual violence other than domestic, should in principle protect domestic workers. Similarly, the guaranteed inter-professional minimum wage, which is 60,000, should also apply to domestic workers, although very often they are paid between 22,000 and 40,000 CFA francs for endless days: a situation of virtual slavery.
[4] Sandra Polanski, former Deputy Director of the ILO in a press release. Link: http://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_200953/lang--fr/index.htm
How to apply:
X. Application file
One (1) resume;
One (1) technical offer;
One (1) financial offer
To be sent to nahounou@ilo.org with a copy of dubbert@ilo.org and guiguetb@ilo.org with the subject “ C189 compliance study ” before March 31, 2022 at 6 p.m. GMT.