Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, in response to its previous comments on the absence of provisions prohibiting sexual harassment as a result of intimidating, hostile or humiliating working environments in Act No. 2006-19 of 5 September 2006 on the suppression of sexual harassment, and the draft Penal Code, the Government indicates in its report that the legislation is still being revised. The Committee notes, however, that Act No. 2011-26 of 9 January 2012 on the prevention and punishment of violence against women provides that the head of the enterprise must take all necessary measures to prevent, remedy or sanction not only quid pro quo sexual harassment, but also that which results from a hostile working environment, by raising the awareness of women employees and establishing investigative procedures or preventive measures (section 23). It also notes that in its concluding observations, the United Nations Human Rights Committee expressed concern about the persistence of violence against women, including sexual harassment (CCPR/C/BEN/CO/2, 23 November 2015, paragraph 16). Furthermore, it notes the Government’s indication that the few complaints made to labour inspectors were not successful due to the difficulties of providing sufficient proof. The Committee once again requests the Government to take the necessary measures to amend the definition of sexual harassment contained in section 546 of the draft Penal Code and section 1 of Act No. 2006-19 in order to expressly prohibit hostile work environment sexual harassment, and invites it to examine the possibility of changing the system of proof for harassment to allow victims to assert their rights effectively. The Committee also requests the Government to provide information on all progress made in this regard and on the measures taken to raise awareness among workers and employers about sexual harassment and the types of redress available.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes that section 6 of the draft new Labour Code no longer expressly prohibits discrimination based on age, family relations or origin, although these grounds are included in the Labour Code of 1998 (sections 4 and 5), which is currently in force. The Committee requests the Government, in consultation with workers’ and employers’ organizations, to examine the possibility of reintroducing into the new draft Labour Code the grounds of discrimination which are currently expressly prohibited in order to avoid the risk of diminishing the protection of workers against discrimination.

Real or perceived HIV status. The Committee welcomes the inclusion in section 6 of the draft new Labour Code of provisions which prohibit “any discrimination against a worker affected by a disability or a chronic or infectious disease, particularly HIV/AIDS, tuberculosis or hepatitis, but who demonstrates the aptitude for a job”. The Committee notes with interest that, in the context of the implementation of Act No. 2005-31 of 10 April 2006 on the prevention, care and control of HIV/AIDS, the Government states that it has provided training for 31 legal professionals, 41 labour administrators and inspectors and staff members of the National HIV/AIDS Control Commission, 30 occupational risk prevention technicians at the National Social Security Fund, 153 heads of enterprises and 28 trade union leaders. In addition, 169 workplaces have adopted an HIV/AIDS policy, covering a total of 9,624 men and women workers. The Government adds that the workshop to review Act No. 2005-31 recommended, in the light of the HIV and AIDS Recommendation, 2010 (No. 200), the adoption of a new national policy on HIV/AIDS in the world of work. The Committee requests the Government to provide information on any developments in national policies or programmes on HIV/AIDS, as well as on the measures taken to raise the awareness of victims of discrimination based on real or supposed HIV status concerning the provisions of the national legislation and the available means of redress.

Article 2. Measures to promote equality between men and women. With reference to its previous comments, the Committee notes the Government’s indication that the actions set out in the strategy and five-year action plan “Gender issues in private employment” (2006–11) in the field of employment, including self-employment, could not be implemented due to a lack of funding. The Committee also notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed serious concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, which perpetuate discrimination against women (CEDAW/C/BEN/CO/4, 28 October 2013, paragraph 16). Recalling the importance of awareness raising in promoting real equality between men and women, the Committee requests the Government to indicate whether it has been possible to take measures, in collaboration with employers’ and workers’ organizations, to combat sexist stereotypes and prejudices concerning the vocational aptitudes and abilities of women and the role of women and men in employment and in society at large, especially in rural settings. It also asks the Government to provide information on the activities carried out by the various existing structures at the national and local levels to promote equality between men and women in employment and occupation.

Equality between men and women in the public service. The Committee notes the Government’s indication that the same opportunities for access to the public service are open to women and men and that a national policy document and an action plan on public service recruitment are currently being drafted. The Committee further notes that, in their concluding observations, the United Nations Human Rights Committee and CEDAW nevertheless express concern about the low representation of women in the public service and the judiciary, especially in positions of responsibility (CCPR/C/BEN/CO/2, 23 November 2015, paragraph 10, and CEDAW/C/BEN/CO/4, 28 October 2013, paragraphs 22 and 29). The Committee trusts that the Government will take the necessary measures in relation to posts under its direct responsibility, in the context of the national policy and action plan or in any other manner, to ensure that genuine equality between men and women is one of the objectives of the recruitment policy in the public service, particularly for positions of responsibility, and requests it to provide statistics, disaggregated by sex, on employment in the public service by level of responsibility.

Article 3(e). Access to education and vocational training. The Committee notes the Government’s indication that it has pursued its efforts in relation to the education and vocational training of girls and boys. It welcomes the adoption of Act No. 2015-08 of 8 December 2015 issuing the Children’s Code, which guarantees the principle of non-discrimination and free pre-school and primary education, and prohibits sexual harassment at school and early or forced marriages and pregnancies, and establishes the applicable penal sanctions. However, the Committee notes that several United Nations bodies have expressed concern in their concluding observations about the absence of effective implementation of the relevant national legislation, the high rate of school dropout and the low percentage of girls going on to secondary education, especially in rural areas, particularly because of gender stereotypes and the large numbers of teenage pregnancies and early or forced marriages. It notes that CEDAW recommends the Government to take measures to remedy occupational segregation and step up technical and vocational training activities for women in sectors traditionally reserved for men (CRC/C/BEN/CO/3-5, 25 February 2016, paragraphs 44, 56 and 60; CCPR/C/BEN/CO/2, 23 November 2015, paragraph 34; A/HRC/25/48/Add.3, 5 March 2014, paragraphs 11, 28 and 93; and CEDAW/C/BEN/CO/4, 28 October 2013, paragraphs 16, 26 and 29). The Committee requests the Government to provide information on any measures taken to give effect to the principle of non-discrimination set out in the Children’s Code, and on the measures taken to improve the access to and continued attendance of girls and women in general and vocational education in order to enable them to gain access to a wider range of jobs, particularly in sectors traditionally reserved for men, and to combat the obstacles, such as stereotypes, prejudices and practices, that they face in relation to their education and vocational opportunities.

Article 5. Special protective measures. In the absence of a reply from the Government on this point that it has been raising for many years the Committee urges the Government to take the necessary measures, in collaboration with employers’ and workers’ organizations, to limit protective measures for women strictly to maternity protection, and to revise section 10(d) of Part II of the Decree of 1998, as well as sections 5 and 7 of Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2000 on the occupations and activities that are prohibited for women. It requests the Government to provide information on all specific measures taken in this regard.