Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Benin (Ratification: 1961)

1. The Committee notes the information provided by the Government in reply to its previous comments. It notes from this information that the national aptitude test which was compulsory for all job applicants is no longer organised by the Ministry of Labour and Social Affairs and that a new, simplified recruitment system has been set up by the Employment Directorate, whereby applicants are now listed by occupational category and chronological order of application. The Committee also notes that the Government plans to liberalise recruitment as part of the structural adjustment measures currently being implemented and that, consequently, Act No. 83-002 of 17 May 1983 making compulsory a periodical report on the status of the workforce and laying down procedures to regulate recruitment and termination of work contracts, is now being revised. The Committee asks the Government to keep it informed of any developments in this area and to provide a copy of the revised Act once it has been adopted. The Committee also hopes that the Government will do its utmost to encourage the access of women to employment as part of the structural adjustment and that it will raise awareness in enterprises in this regard.

2. In its previous comments, the Committee noted that section 12 of Act No. 86-013 of 26 February 1986 issuing the general rules of employment of permanent state employees provides that no distinction shall be made between the two sexes in the application of these rules of employment, but provides that the specific rules of employment of certain sections may, on the grounds of the inherent requirements of certain jobs, reserve access to them to applicants of one sex or the other. It therefore requested the Government to indicate the jobs for which access was reserved to applicants of one sex or the other and to provide a copy of any conditions of employment establishing such restrictions. In its latest report, the Government indicates that the occupation of telecommunication technician is open only to men. The Committee notes this information and again asks the Government to provide a copy of some of the specific rules of employment containing such restrictions (the conditions of employment of telecommunication technicians referred to by the Government in its report have not been received).

3. In its previous comments, the Committee also referred to section 52 of Act No. 86-013, which provides that every permanent state employee in service or on secondment is subject to a yearly appraisal - followed by a written note of the results - of his performance in his job and his aptitude for a job one grade higher. This section also lays down that the general conditions for marking and the factors to be taken into account for the performance appraisal are to be determined by Decree. In the past, the Committee pointed out that the corresponding section of the legislation previously in force to establish the general conditions of service of permanent state employees (Ordinance No. 79-31 of 1979 repealed by the Act of 1986) contained a list of these factors and that political conviction was at the head of the list; it requested the Government to provide a copy of the Decree issued under section 52 of Act No. 86-013 of 1986 so that it could ascertain that the equality of opportunity and treatment of state employees was not affected by any discrimination on grounds of political opinion, in accordance with the principle laid down by the Convention. In its report, the Government states that no Decree has yet been adopted on this subject. The Committee notes this information and again expresses the hope that the next report will contain particulars of the factors taken into account in the preparation of the performance appraisal provided for by section 52 of the Act, and of the manner in which state employees enjoy equal opportunity and treatment in employment, irrespective of their political opinions.

4. Lastly, the Committee requests the Government - as it did in its previous comments - to supply information on any positive practical measures taken to encourage the effective promotion of equal opportunities and treatment, irrespective of sex, religion, race, political opinion, national extraction or social origin, with regard to: (a) access to vocational training; (b) access to employment and to the various occupations; and (c) conditions of employment. The Committee would also like to receive information (including statistics and extracts from inspection reports and legal rulings) on the results of such measures, and on the steps taken to ensure the co-operation of employers' and workers' organisations in preparing and implementing such measures.