Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 1(1)(a) and (3) of the Convention. Prohibited grounds of discrimination and scope of application. Legislation. The Committee notes the Government’s indication in its report that the Supreme Court is examining proposals to repeal the draft Labour Code in order to update it, following the adoption of Act No. 2017-05 of 29 August 2017, setting out the conditions and procedure for recruitment, placement and termination of an employment contract. It also notes that this revision will provide an opportunity to consider the Committee’s observations regarding the preliminary draft Labour Code. The Committee further notes the Government’s indication that recruitment (access to employment) is covered by the term “employment”, which is mentioned in the draft Labour Code. The Committee recalls that it drew the Government’s attention to the fact that social origin no longer seems to be one of the prohibited grounds of discrimination, although this ground is included in the Labour Code currently in force and in the Convention. The Committee once again recalls that when legal provisions are adopted to give effect to the principle of the Convention, they must include, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore expresses its firm hope that the Government will take the opportunity provided by the revision of the draft Labour Code to ensure that all forms of direct and indirect discrimination based, as a minimum, on all the grounds listed in the Convention, including colour, national extraction and social origin, and any other grounds it deems should be prohibited, are expressly prohibited in the new Labour Code. The Government is requested to provide information on the status of the Labour Code reform, including the content of the new draft.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes with interest the adoption, on 13 April 2017, of Act No. 2017-06 providing for protection and promotion of the rights of persons with disabilities, which contains provisions on, notably, education, training and employment of persons with disabilities. It notes in particular that the Act provides that “all discrimination and systematic rejection of applicants based on disability shall be prohibited” and that “persons with disabilities shall have the right to employment … based on the principle of equality” (section 37). The Committee also notes that the Act provides for the promotion of employment on the labour market of persons with disabilities (section 39), particularly through the adoption and implementation of policies and programmes setting out incentives to encourage the employment of these persons in the private sector (section 40), and the provision of assistance for entrepreneurship for these persons (section 43). The Act also provides that civil servants or employees who “acquire a disability” must be kept in their initial job or transferred to another post that is compatible with their new situation (section 42). The Committee notes that legal penalties are provided for in the case of violation of these provisions, particularly when an application is rejected from a person with disabilities for a job (in the public or private sector) to which he or she is suited (section 70) or when a discriminatory job offer is published (section 71). Welcoming these legislative advances, the Committee requests the Government to take the necessary measures to implement Act No. 2017-06 and promote employment of persons with disabilities on an equal footing with other workers in practice, and to provide information on the provisions setting out incentives to this end. The Government is also requested to take specific measures to raise awareness of the provisions among workers, employers and their respective organizations, as well as administrations, labour inspectors and magistrates. The Committee requests the Government to provide information on the measures adopted in this regard and on any other complaints concerning the application of the above Act and, where possible, any other judicial and administrative decisions.

Article 2. National equality policy. The Committee recalls that the Government has still not adopted a national equality policy covering all workers and all the grounds of discrimination set out in the Convention. It also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (see 2012 General Survey, paragraph 848). In this regard, the Committee notes the Government’s indication in its report that no progress has been made on this matter. The Committee requests the Government to take the necessary measures to formulate, in collaboration with employers’ and workers’ organizations, and adopt a national equality policy applicable to all workers aimed at eliminating discrimination in employment and occupation on all the grounds covered by the Convention. The Committee requests the Government to communicate the information on the content of this policy and its implementation.

The Committee is raising other matters in a request addressed directly to the Government.