Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Benin (Ratification: 1980)

Articles 2 to 7 of the Convention. Trafficking in persons. Further to its previous comments on measures to combat trafficking in persons, the Committee notes the Government’s reference to the conclusion of bilateral agreements with France and Switzerland which contain provisions relating to the management of migratory movements and the Common Approach on Migration (2008) of the Economic Community of West African States (ECOWAS). This Approach envisages many types of action to combat irregular migration and human trafficking, such as awareness-raising and information campaigns, the strengthening of cooperation between countries of origin and host countries, action for the reintegration of irregular migrant workers returning to their countries, cooperation measures on judicial matters and assistance to victims of trafficking, and bringing national legislation into conformity with international standards respecting measures to combat trafficking in persons. The Committee requests the Government to provide specific information on the measures that it has adopted in practice and implemented with a view to: (i) determining whether there are illegally employed migrants and migration for employment in abusive conditions in the territory; (ii) suppressing clandestine movements of migrants and the illegal employment of migrants and action against organizers of illicit or clandestine movements of migrants for employment; (iii) establishing systematic contact and exchange of information with States in the region; (iv) prosecuting and imposing sanctions on the authors of labour trafficking; and (v) consulting representative organizations of employers and workers with regard to the laws and regulations and other measures intended to combat migration for employment in abusive conditions, and particularly trafficking in persons.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the Government’s indication that the formulation of a national policy on equality of opportunity and treatment is planned for 2013 and that the implementation of the third phase of the ILO programme to support the implementation of the Declaration (PAMODEC) will allow the process of formulating this policy to begin. The Committee requests the Government to provide information on any measures adopted, including in the context of PAMODEC, in collaboration with workers’ and employers’ organizations, to declare and pursue a national policy on equality of opportunity and treatment explicitly including equality of opportunity and treatment between migrant workers and nationals, including the elements indicated in Article 12 of the Convention.

Article 14(b). Recognition of vocational qualifications. The Committee notes the information provided by the Government concerning the type and number of foreign diplomas recognized by the National Commission for the Equivalence of Diplomas (CNEED) (213 in 2008, 521 in 2009 and 214 in 2010). The Committee requests the Government to continue providing information on the number and type of foreign diplomas recognized each year by the CNEED, with an indication, in so far as possible, of the proportion of diplomas obtained by foreign nationals resident in the territory of Benin.

Article 14(c). Restrictions with regard to certain functions necessary in the interests of the State. In its previous comments, the Committee recalled that, under the terms of section 12 of Act No. 86-013 of 26 February 1986 issuing the general statute of permanent state officials, only citizens of Benin could be appointed to state employment. Emphasizing the very general nature of this restriction, the Committee requested the Government to re-examine it in the light of Article 14(c) of the Convention. In the absence of a reply from the Government on this point, the Committee recalls once again that Article 14(c) allows the restriction of the access of foreign nationals to employment when two conditions are met: (a) exceptions are restricted to “limited categories of employment or functions”; and (b) they must be necessary “in the interests of the State”. In light of the conditions established by Article 14(c), the Committee requests the Government to examine the reasons for which the restriction on access to state employment is applicable to all state jobs, and not to “limited categories of employment or functions”, and the extent to which such a general restriction is necessary “in the interests of the State”. The Government is requested to provide information on the outcome of this examination and on any follow-up measures taken in this respect.