Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

1. The Committee notes the Government’s statement that at present there is no legal text that defines sexual harassment in employment and occupation on the part of the employer, but section 360 of the draft Penal Code, which has been transmitted to Parliament provides that "a person who harasses someone by giving orders, using threats, imposing constraints and exercising serious pressure to obtain favours of a sexual nature by abusing the authority given by his or her functions, shall be punished with imprisonment of two months to one year and with a fine of 50,000 to 500,000 CFA". The Government further indicates that the draft Labour Code of OHADA will include provisions on sexual harassment, which will fill the gap which currently exists in the national labour legislation. The Committee asks the Government to provide information on any progress made in the adoption of the draft Penal Code and of the draft Labour Code of OHADA as well as on any action taken or envisaged at the national level to define and prohibit sexual harassment in employment and occupation in the national legislation in line with the Committee’s 2002 general observation on this issue.

2. For a number of years, the Committee has brought the Government’s attention to its obligation under Article 2 of the Convention to declare and pursue a national policy for the promotion of equality of opportunity and treatment in respect of employment and occupation. In its previous comments, the Committee hoped that the Government would make every effort to seek and acquire the assistance of the Office in this regard and that it would initiate action to develop a policy and other programmes to address direct and indirect discrimination and to promote equality on all grounds listed in the Convention. It also hoped that these initiatives would be undertaken in consultation with the representatives of workers’ and employers’ organizations. The Committee regrets to note that the Government’s report once more indicates that no progress has been made and that no policy or measures have been developed or adopted. It urges the Government to provide detailed information with its next report on the action taken to adopt a policy within the meaning of Article 2 of the Convention. It recalls that such a policy should be clearly stated, and programmes to support the policy should be set up and implemented. At a minimum the measures outlined in Article 3 of the Convention must be undertaken. Measures outlined in Recommendation No. 111 may also provide useful guidance in the promotion of an equality policy and programme of activities.

3. The Committee notes the Government’s statement that no text yet exists concerning the special conditions of service of permanent state employees, under section 12, which reserves access to certain posts to one or other sex on the basis of their particular constraints. The Committee requests the Government to indicate in its next report on the manner in which this provision is applied in practice and to provide a copy of said text once adopted.

4. With regard to the Order adopted in July 1999 under section 168 of the Labour Code, the Committee notes that Chapter II of the Order sets limitations on the weight to be carried by women and that Chapter III (sections 6 and 7) prohibits the employment of women in certain jobs and categories of enterprises that may be hazardous to their health. In this regard, the Committee recalls that both men and women must be protected against risks inherent to their employment and occupation and that, as regards the types of work which have been shown to be particularly harmful to the reproductive function, measures should be taken to ensure special protection for men and women. The Committee refers the Government to the ILO resolution of 1985 on equality of opportunity and treatment for men and women workers in respect of employment, in particular its paragraph 5, and asks the Government to consider the possibility of organizing consultations with the social partners and in particular with men and women workers on this issue, and to supply information on progress achieved.

5. Further to the above, the Committee notes that, despite several requests for detailed information on the measures taken in practice to encourage the effective promotion of equality of opportunity and treatment in respect of employment and occupation in the private and public sectors, the Government’s report again does not provide any details in this regard. The Government merely states that there are no up-to-date statistics on the employment of women in the private sector, and confirms the low representation of women in the public sector (26.2 per cent as of 31 December 2002). The Committee nevertheless notes from the Government’s report on Convention No. 100 that the Government has taken some measures to improve women’s employment in the private sector such as including a statement in certain job announcements that preference will be given to female candidatures, and the creation of a legal framework in favour of self-employed women and women entrepreneurs and to assist women in the informal economy. It requests the Government to provide, in its next report, information on the specific impact of these measures on the employment of women, as well as to provide full information on the situation of men and women in the various occupations and grades in the public sector and on the measures taken to improve the participation of women in training and skills development activities, jobs and entry into occupations and branches of activities in the public and private sectors where their numbers are low. The Committee recalls that the Office remains available to provide appropriate technical assistance with regard to the collection of statistical data on the employment of men and women in the private sector.

6. The Government is requested to provide full information on the practical measures taken to address racial and ethnic discrimination in employment and occupation and to promote equal opportunity and treatment on the other grounds covered in Article 1 of the Convention, in particular race, colour and national extraction.

7. With reference to its previous request, the Committee notes that the Human Rights Committee and the Human Rights Department at the Ministry of Justice and Legislation have not taken any initiatives to promote the principle of equal treatment in employment and occupation and their actions are more directed towards the protection of human rights in general. The Committee wishes to emphasize the value of these types of institutions in promoting a national policy on equality of opportunity and treatment and tackling discrimination in employment and occupation, and asks the Government to keep it informed on any future initiatives taken by the abovementioned institutions in this regard.