Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(1)(a) of the Convention. Prohibited grounds for discrimination. Legislation. The Committee notes the Government’s indication that it will take the necessary measures to ensure that the grounds of colour and national extraction, the definition of direct and indirect discrimination and the explicit prohibition thereof are included in the amendments to be adopted to the Labour Code of 1998. Noting the Government’s commitment, the Committee asks it to take the necessary measures to ensure the protection of workers against direct or indirect discrimination on the basis of at least all the prohibited grounds enumerated in Article 1(1)(a) of the Convention. The Committee hopes that the Government will be in a position to announce progress in this regard in the near future and requests it to supply information on the specific measures taken.

Article 1. Discrimination on the basis of sex. Sexual harassment. In its previous comments the Committee noted that Act No. 2006-19 of 5 September 2006 concerning the elimination of sexual harassment did not contain any provisions on hostile environment sexual harassment. The Committee notes the Government’s indications that section 546 of the draft Penal Code of 2008 contains a more comprehensive definition of sexual harassment. Regarding the prevention and elimination of sexual harassment, the Government indicates that awareness-raising activities for employers are undertaken by the labour inspectors during inspections and conciliation meetings, and that penalties up to 1 million CFA francs and two years’ imprisonment can be imposed (section 548 of the Penal Code). The Committee requests the Government to supply a copy of the sections of the draft Penal Code of 2008 concerning sexual harassment, including section 546 thereof, and to provide information on the planned schedule for the examination and adoption of the draft Penal Code. The Committee also requests the Government to provide information on any cases of sexual harassment which have been reported to or detected by labour inspectors and any follow-up action taken, and also on any court decisions on this subject.

Article 2. National equality policy. The Committee recalls that the Government previously stated that the formulation of a national equality policy would form part of the plan of work of the Ministry of Labour and the Public Service for 2010. The Government indicates in its most recent report that the formulation of a national equality policy will form part of the plan of work of the Ministry of Labour and Public Service for 2012, and that the national plan to combat discrimination is being drawn up under the auspices of the ILO. The Committee recalls that the equality policy should not only promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice but also redress de facto inequalities suffered by certain categories of the population, and that it should cover all the prohibited grounds of discrimination that are listed in the Convention as well as all stages of employment and occupation, including as regards access to land, to credit and to various goods and services necessary for the exercise of a given occupation. Specific action must also be taken at national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (General Survey of 1996 on equality in employment and occupation, paragraph 279). In addition, the Committee again draws the Government’s attention to paragraphs 2–9 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), regarding the principles that the national equality policy should take into account. Observing that no progress has been made in this regard for a number of years, the Committee requests the Government to take the necessary measures, in collaboration with the workers’ and employers’ organizations, to ensure that a genuine national equality policy with the aim of eliminating discrimination in employment and occupation is formulated and implemented, and that the plan for combating discrimination is adopted and applied. The Government is requested to provide information on the measures taken in this regard and on the results achieved.

Article 3(a). Measures to promote the principle of equality between men and women. The Committee notes the Government’s indication that in 2011 the Department for the Promotion of Fundamental Rights at Work conducted awareness-raising activities among workers and employers in enterprises in Cotonou regarding the concept of equality of opportunity and treatment in employment and occupation. The Government also indicates that it intends to provide recent statistics on the implementation of these measures. The Committee requests the Government to continue to supply information on the measures taken to raise awareness among workers and employers and their organizations of equality between men and women. The Committee also requests the Government to provide information on the measures taken and the results achieved in the context of the five-year plan “Gender issues in private employment” (2006–11), including measures aimed at combating sexist stereotypes concerning the skills and abilities of women and the role of women and men in society, and also the measures aimed at promoting access for women to formal employment and better-paid jobs.

Article 3(d). Public service. The Committee notes that, according to the statistics supplied by the Government in 2008, women account for only 30 per cent of staff in the public service. The statistics also show that women are largely concentrated in category C and represent only 21 per cent of officials in category A. With particular reference to equality between men and women in the public service, the Committee requests the Government to take the necessary measures to promote the employment of women, particularly in the higher categories (A and B) and in posts with career prospects. The Government is also requested to provide information on the measures taken in this regard and the results achieved, and to continue to communicate statistics disaggregated by sex on employment in the public service according to grade and level of responsibility. The Committee also recalls that, with regard to jobs subject to the direct supervision of a national authority, the Government has the obligation to ensure equality of opportunity and treatment without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, and urges the Government to take the necessary measures to ensure that the national recruitment policy takes account of this obligation.

Article 3(e). Access to education and vocational training. The Committee notes the measures taken by the Government relating to free pre-school and primary education, and to raising parents’ awareness in order to promote school enrolment by girls and to encourage them to opt for training leading to trades traditionally selected by men. The Committee also notes the Government’s indications that statistics on school enrolment and access to vocational training for girls will be provided as soon as possible. While welcoming the Government’s efforts in this regard, the Committee hopes that the Government will be in a position to report on progress made with regard to equal access to education and vocational training for boys and girls, men and women and requests the Government to provide information on the results achieved.

Article 5. Special protective measures. The Committee recalls that it has been asking the Government for a number of years to take the necessary measures, in collaboration with the social partners, in order to limit protective measures for women strictly to those aimed at protecting maternity, to revise the provisions of section 10(d), Part II, of the Decree of 1998 issuing special regulations for staff engaged in public work on behalf of the State, and also sections 5–7 of Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2000 concerning occupations and activities prohibited for women. The Committee notes that Ministerial Order No. 132 was not examined by the National Labour Council (CNT) in 2010, contrary to what was stated in the previous report, and that, according to the Government, this matter will be placed on the agenda of forthcoming sessions of the CNT. As regards the Decree of 1998, the Committee notes that the Ministry of Labour and the Public Service received the formal approval of the representatives of the Ministry of Public Works to proceed with the revision of the provisions concerned. In order to eliminate the obstacles to the employment of women and to strictly limit protective measures for women to those measures protecting maternity, the Committee requests the Government to take the necessary measures to revise sections 5 and 7 of Ministerial Order No. 132 and to provide information on the progress made on the revision of section 10(d), Part II, of the Decree of 1998.

Enforcement. The Committee notes the Government’s indication that training and awareness raising for labour inspectors and judges in matters relating to discrimination at the workplace and equality of opportunity and treatment in employment and occupation are ongoing. As regards the enforcement of the labour legislation with regard to equality issues, the Committee hopes that the labour inspectorate has adequate resources to discharge its duties, and it requests the Government once again to provide information on cases of discrimination reported by labour inspectors during inspections or brought to their attention, and also on any court decisions handed down on this matter.