Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted a number of measures taken by the Government to combat trafficking in persons, including the establishment of an ad-hoc inter-ministerial committee to coordinate anti-trafficking efforts and the adoption of the Children’s Code (Act No. 2015-08 of 8 December 2015) that contains provisions relating to the sale and trafficking of children. The Committee requested the Government to intensify its efforts in this regard and to take the necessary steps to adopt appropriate legislative provisions criminalizing the trafficking of adults and to strengthen its institutional framework to provide adequate protection to victims.

The Committee notes the Government’s indication in its report that the bill to combat trafficking in persons is currently under review by the Supreme Court, after which it can be sent to the National Assembly for adoption. The Committee also notes that the new Criminal Code (Act No. 2018-16 of December 28, 2018) contains provisions covering all forms of trafficking. In particular, sections 499-501 of the Criminal Code prohibit trafficking in persons for the purpose of labour and commercial sexual exploitation and provide for a penalty of ten to twenty years’ imprisonment. The Government further indicates that a number of measures have been adopted to strengthen the institutional framework for combating trafficking in persons, which include the elaboration of a 2021-2025 Action Plan to Combat Trafficking in Persons in Benin; the establishment of special police units in risk areas; trainings for law enforcement bodies; strengthening airport controls for the identification of adult victims of trafficking travelling abroad as well as the cooperation with neighboring countries against transnational trafficking in persons. The Government further indicates that the statistical information on the court proceedings initiated with respect to the trafficking in persons cases and penalties imposed is currently being collected. The Committee welcomes the measures taken by the Government to strengthen the legislative and institutional framework to combat trafficking in persons, both for labour and sexual exploitation, and encourages the Government to continue its efforts in this regard. The Committee hopes that the bill to combat trafficking in persons will be adopted in the near future and that it will provide the adequate framework for planning, coordinating and strengthening the measures needed to prevent trafficking in persons, protect the victims and punish the perpetrators. The Committee further requests the Government to provide information on the adoption and the implementation of the 2021-2025 Action Plan to Combat Trafficking in Persons in Benin, including the specific measures taken and results achieved to prevent and combat trafficking in persons and to provide protection and assistance to victims. Lastly, it requests the Government to supply data on the application of sections 499-501 of the Criminal Code in practice, particularly information on the investigations carried out in relation of suspected cases of trafficking in persons, both for labour and sexual exploitation, the prosecutions initiated as well as the convictions and penalties imposed.

Article 2(2)(a). Work of a purely military character performed in virtue of compulsory military service laws. For many years, the Committee has been drawing the Government’s attention to the need to amend the legal texts regulating compulsory military service with a view to restricting the scope of work exacted from conscripts to work or service of a purely military nature, in accordance with Article 2(2)(a) of the Convention. The Committee particularly noted that conscripts to military service in the national interest may be assigned to socio-economic work under the following provisions of the Act No. 63-5 of 26 June 1963 concerning recruitment in the Republic of Benin; the Act No. 2007-27 of 23 October 2007 establishing military service in the national interest; and the Decree No. 2007-486 of 31 October 2007 establishing general conditions for the organization and performance of military service in the national interest:

– according to section 35 of Act No. 63-5, the purpose of active military service is also to further the training of conscripts and employ them, inter alia, in specialized land army units to participate in the work of national construction;
– according to sections 2 and 5 of Act No. 2007-27, the purpose of military service in the national interest is the mobilization of citizens so that they might participate in work for the development of the country; conscripts may then be assigned to administrative units, production units, institutions and bodies with a view to participating in the performance of relevant work in the national interest which is of a social or economic nature;
– according to section 18 of Decree No. 2007-486, conscripts are engaged in socio-economic development work for nine months, after completing two months of military, civic and moral training.

While noting that it was no longer applied in practice, the Committee also requested the Government to formally repeal Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service which is contrary to Article 2(2)(a) of the Convention since it provides that persons subject to this civic and military service may be assigned to a production unit in accordance with their occupational skills and may be compelled to perform work which is not of a purely military nature.

In its reply, the Government indicates that it has taken note of the Committee’s comments concerning the need to amend the above-mentioned legislative provisions and that this issue will be considered by the Ministry of National Defence. Recalling that the Government previously indicated that military service in the national interest had been suspended since 2010, the Committee firmly hopes that the Government will take the necessary measures to amend the aforementioned provisions of Act No. 63-5, Act No. 2007-27 and Decree No. 2007-486 so that any activity that could be imposed in the context of military service is restricted to work of a purely military nature. The Committee requests the Government to provide information on any progress made in this respect as well as on the measures taken to formally abrogate Act No. 83-007 governing civic, patriotic ideological and military service.

Article 2(2)(c). Sentences of community work. The Committee observes that sections 36, and 44 to46 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of community work which consists in an obligation to perform work during a period up to eighteen months. The Committee further observes that, according to section 58 of the Criminal Code, the nature and the modalities for the performance of community work shall be determined by a ministerial decree. The Committee requests the Government to indicate whether the ministerial decree has been adopted pursuant to section 58 of the Criminal Code and to submit a copy of it. Please also indicate if the courts have handed down sentences of community work.

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Legislation concerning the dissemination of false information. In its previous comments, the Committee requested the Government to provide information on the application of section 266 of the Act No. 2015-07 concerning the Code of Information and Communication in the Republic of Benin of 22 January 2015, which provides for a penalty of six months to three years’ imprisonment and/or a fine for the publication, distribution and reproduction by any means of false news, fabricated, falsified or deceptive materials attributed to a third person, which is done in bad faith and disturbs the public peace. The Committee further noted that persons convicted to imprisonment may be under the obligation to perform social rehabilitation work, pursuant to section 67 of Decree No. 73 293 of 15 September 1973 issuing prison regulations.

In its report, the Government indicates that, although by law convicted persons under section 266 of the Code of Information and Communication may be required to work, in practice, they work on a voluntary basis. In relation to judicial decisions, the Government refers to the case of an investigative journalist condemned to 12 months’ imprisonment for “harassment of a person through electronic communications” under section 550 of the Act No. 2017-20 of April 20, 2018 on the Digital Code of the Republic of Benin. In this respect, the Committee notes that section 550(3) of the Digital Code punishes with one to six months’ imprisonment (involving compulsory labour) and a fine the dissemination of false information about a person on social networks or through any other electronic medium. The Committee further notes that, in its Opinion No. 46/2020, the United Nations Working Group on Arbitrary Detention found that this journalist had been arbitrarily detained as a result of the peaceful exercise of his right to freedom of expression. The Working Group also considered that the provisions of section 550 of the Digital Code of 2018 seem to lack clarity and may be used to punish the peaceful exercise of human rights (A/HRC/WGAD/2020/46, paragraphs 53–54). The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee has observed in this connection that the protection afforded by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence (paragraphs 302-303 of the 2012 General Survey on the fundamental Conventions). The Committee therefore requests the Government to take the necessary measures to ensure that section 550 of the Digital Code, and, in particular, its subsection 3, is not used to prosecute or condemn persons who peacefully express political views or views opposed to the established political, social or economic system, for example, by removing the penalty of imprisonment involving compulsory labour. The Committee further requests the Government to continue to provide information on the application of section 550 of the Digital Code and section 266 of the Code of Information and Communication in practice, including the facts pursuant to which any prosecution or court decision was handed down based on these provisions, and the penalties imposed.

2. Legislation on public gatherings. The Committee observes that section 237 of the new Criminal Code (Act No. 2018-16 of 28 December 2018), in conjunction with its section 240, provides for a penalty of two months to one year’s imprisonment (involving compulsory labour) for delivering public speeches or preparation and distribution of written materials during unarmed gatherings, which can disturb the public peace. In this regard, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2020, expressed concern about the recent legislative amendments, including the provisions on gatherings in the Criminal Code, which may deter human rights defenders from carrying out their work and restrict their freedom to act (E/C.12/BEN/CO/3, paragraph 9). The Committee requests the Government to provide detailed information on the manner in which the prosecution authorities and courts apply section 237 of the Criminal Code, in conjunction with its section 240, to enable the Committee to assess the scope of these provisions. The Committee requests, in particular, information on the facts pursuant to which any prosecution was initiated or court decision was handed down based on these provisions, as well as the nature of the penalties imposed.

Article 2(1) and (3) of the Convention. Minimum age for admission to employment or work and age of completion of compulsory schooling. Further to its previous request to indicate clearly the age of completion of compulsory schooling, the Committee notes the Government’s indication in its report that, according to section 13 of the Act No. 90-32 establishing the Constitution of the Republic of Benin of 11 December 1990, primary education shall be compulsory. The Government further indicates that, pursuant to section 113 of the Act No. 2015-08 issuing the Children’s Code in Benin of 2015, schooling is compulsory from nursery level to the end of primary school. The Government points out that the duration of education at primary school lasts until the age of 14 years, which is the minimum age for admission to employment, according to section 166 of the Labour Code of 1998.

The Committee, however, observes that, pursuant to section 24 of the Act on the Orientation of National Education No. 2003-17 of 2003, the usual duration of primary education is six years and it begins for children approximately at the age of four and a half years. Furthermore, the Committee also previously referred to the 2014 Multiple Indicator Cluster Survey (MICS) indicating that, in principle, children attend secondary school from the age of 12 years. The Committee therefore observes that in Benin, the age of completion of compulsory education is lower than the minimum age for admission to employment or work. In this respect, in its 2012 General Survey on fundamental conventions, paragraph 371, the Committee observed that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children. The Committee further notes that, according to the data of the United Nations Children’s Fund (UNICEF), in Benin, completion rates for children of primary school age was 48 per cent in 2018. The Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 2020, expressed concern that many pupils drop out before having completed their primary schooling and about the high level of inequality in primary school completion between boys and girls (63.51 per cent and 56.85 per cent) (E/C.12/BEN/CO/3, paragraph 45). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment, attendance and completion rates for children under 14 years, paying special attention to girls. The Committee also strongly encourages the Government to consider raising the age of completion of compulsory education to coincide with that of the minimum age for admission to employment or work.

Articles 6 and 9(1). Apprenticeships and penalties. In its previous comments, the Committee noted the cases recorded by the Departmental Service for Further Training and Apprenticeships of non-compliance with the minimum age required for apprenticeships. The Committee also noted the reluctance of artisanal employers to provide the information requested by the inspection teams and that these teams rarely managed to meet the employers in order to raise their awareness. In this respect, the Government indicated that it was taking action to ensure that effective penalties constituting an adequate deterrent were imposed in practice on artisanal employers who admitted children under 14 years of age to apprenticeship centres.

The Committee notes the Government’s indication that labour inspectors have identified cases of non-compliance with the minimum age for admission of children to an apprenticeship, non-endorsement of apprenticeship contracts by labour inspectors, use of apprentices in tasks that do not fall within their training, and use of corporal punishment by artisanal employers. The Committee also observes that, according to the 2020 report on labour statistics of the Ministry of Labour and Public Service, in 2020, most of the children (87.44 per cent) identified in child labour by labour inspectors were apprentices. The Government further indicates that penalties established for the violation of the national legislation on employment of children are not dissuasive enough and that it will be taken into account during the review of the Labour Code of 1998. The Government, however, indicates that the situation with a high proportion of children under 14 years of age in apprenticeship has changed due to the active involvement of the Ministry of Labour and Public Service and the UNICEF. In particular, the Committee welcomes the measures undertaken in 2019-2020 to eliminate child labour in the apprenticeship sector, such as the creation and operationalization of departmental services to combat child labour as well as the undertaking of various awareness-raising campaigns and trainings on child protection at work for artisanal employers. The Government points out that as a result of the undertaken measures, the number of children under 14 years of age in apprenticeships has decreased. The Committee requests the Government to continue its efforts to ensure that children under 14 years of age are not admitted to an apprenticeship in practice. It further requests the Government to ensure that effective penalties constituting an adequate deterrent are applied for violations of the provisions regarding the minimum age of 14 years for admission to an apprenticeship. Lastly, the Committee requests the Government to continue to provide information on the number and nature of violations reported and penalties imposed in this respect.

Article 7(1), (3) and (4). Admission to light work and determination of such work. In its previous comments, the Committee noted that the Order No. 371 of 26 August 1987, issuing exceptions to the minimum age for admission to employment for children, authorizes as an exception the employment of children between 12 and 14 years of age in domestic work and light work of a temporary or seasonal nature. The Committee observed that the terms of Article 7 of the Convention – namely, that the work: (i) is not likely to be harmful to children’s health or development; (ii) is not such as to prejudice their attendance at school or their participation in vocational guidance or training programmes; and (iii) shall be determined by the competent authority, which shall prescribe the number of hours and the conditions of employment – were not fulfilled. The Government further indicated that the National Labour Council had approved a draft order amending Order No. 371, with a view to raising the minimum age for the admission of children to light work and that it was planned to determine the types of light work.

The Committee notes the Government’s indication that the amendment of Order No. 371 and the adoption of the list of light work are scheduled for 2021. The Committee once again firmly hopes that the amendment of Order No. 371 and adoption of the list of types of light work will be undertaken as soon as possible, with provisions that are in line with Article 7 of the Convention. It requests the Government to continue to provide information on progress made in this respect.

Labour inspection and application of the Convention in practice. In its previous comments, the Committee noted with concern the high number of child labour in Benin, including under hazardous conditions and in the informal sector. In particular, according to the 2014 MICS, 53 per cent of children between 5 and 17 years of age were involved in child labour and 40 per cent of them were working under hazardous conditions. The Committee also noted that the database on the child labour monitoring system (SSTEB) installed in five departmental directorates was not operational.

The Committee notes the Government’s indication that, according to the Demographic and Health Survey carried out by the National Institute of Statistics and Economic Analysis, in 2018, 33 per cent of surveyed children between 5 and 17 years of age were engaged in child labour. Most of these children were children between 12 and 14 years (40 per cent), were from rural areas (40 per cent), and from poor families (47 per cent). The Government further indicates that the SSTEB has been integrated into a database “Integrated System for the Collection and Publication of Labour Statistics” (SIRP-STAT). The Committee notes with interest that, since 2017, the Ministry of Labour and Public Service produces annual reports on labour statistics, which contain a chapter on child labour. In particular, the 2020 report on labour statistics indicates that the number of children identified by labour inspectors as engaged in child labour doubled between 2019 and 2020, from 1,328 to 2,836. The 2020 report also indicates that more than half of the identified children were girls (56 per cent). The Government indicates that most of the cases of child labour have been identified in the informal economy, particularly in markets, craft trades, and construction sector. The 2020 report indicates that 963 awareness-raising sessions on the fight against child labour were carried out, which included 2,825 participants. Given that the number of children under 14 years of age engaged in child labour remains high, the Committee strongly encourages the Government to pursue its efforts to prevent and progressively eliminate child labour in the country, including in construction sector. It also requests the Government to continue to provide statistical information on the number and nature of violations recorded by labour inspectors in the course of their work involving children below the minimum age for admission to employment, including those who are working in the informal economy. To the extent possible, this information should be disaggregated by gender and age.

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

Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of such types of work. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Decree No. 2011-029 issuing the list of hazardous types of work prohibited for young persons under 18 years of age, including statistics on the number and nature of violations reported and penalties imposed.

The Committee notes the Government’s indication in its report that statistical data on the number and nature of violations reported and penalties imposed will be available in the database “Integrated System for the Collection and Publication of Labour Statistics”. The Government further indicates one case of imprisonment of three months for the economic exploitation of a child in 2017. The Committee also observes from the 2018 Demographic and Health Survey of the National Institute of Statistics and Economic Analysis that 23 per cent of surveyed children aged 5-17 years were engaged in hazardous work. The Committee further notes that the Committee on the Rights of the Child , in its concluding observations of 2018 on the Optional Protocol on the sale of children, child prostitution and child pornography, expressed concern about the exploitation of children in situations of hazardous labour, especially in the domestic service and agricultural sectors, and recommended to enforce the prohibition of the types of work considered to be hazardous for children under Decree No. 2011-029 (CRC/C/OPSC/BEN/CO/1, paragraphs 20, d) and 21, d)). The Committee strongly requests the Government to ensure the effective implementation of the Decree No. 2011-029 issuing the list of hazardous types of work prohibited for young persons under 18 years of age. The Committee reiterates its requests to the Government to provide information on the application in practice of Decree No. 2011-029, particularly statistics on the number and nature of violations reported and penalties imposed for the engagement of children under 18 years of age to hazardous work.

Article 3 of the Convention. Clause (a). Worst forms of child labour. Forced labour. Vidomégon children. In its previous comments, the Committee noted with concern that vidomégon children, namely children who are placed in the home of a third party by their parents or by an intermediary in order to provide them with education and work, face various forms of exploitation in host families. The Committee further noted that section 219 of the Children’s Code (Act No. 2015-08 of 8 December 2015) establishes the obligation for the child placed in the family to attend school and prohibits the use of such children as domestic workers. The Committee, however, noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 2016, expressed concern at the distortion of the traditional practice of vidomégon into forced labour and that children placed outside their families, particularly vidomégon children, face sexual exploitation. The United Nations Human Rights Committee, in its concluding observations of 2015, also expressed concern at the persistent misuses of the placement of vidomégon children, who had become a source of financial and sometimes sexual exploitation.

The Committee notes the Government’s indication in its report that the identification of cases of labour exploitation of vidomégon children is hampered by the fact that labour inspectors cannot access households. The Government, however, points out that in case of identified abuse or violence against vidomégon children, perpetrators of such actions are prosecuted and convicted. The Government further indicates the launch of a helpline for child victims of violence and abuse, including vidomégon children, with a view to combat mistreatment and physical violence against children. It further points out that the phenomenon of vidomégon children has declined since more parents are aware of the exploitation of children in host families. The Committee, however, notes that the CRC, in its concluding observations of 2018, expressed concern about the persistence of harmful practices in Benin, such as vidomégon, and recommended to investigate and prosecute persons responsible for such harmful practices (CRC/C/OPSC/BEN/CO/1, paragraphs 20(e), 21(e)). The Committee further notes the indication in the 2017 Report of the Office of the United Nations High Commissioner for Human Rights that 90 per cent of vidomégon children do not go to school and that they are employed at markets and in the street trade, in addition to performing unpaid domestic tasks. The 2017 Report further indicates that young vidomégon girls, in addition to being exploited economically, were reportedly often victims of prostitution (A/HRC/WG.6/28/BEN/2, paragraph 38). The Committee notes with deep concern the continuing situation of vidomégon children exposed to various forms of exploitation in host families. While noting certain measures taken by the Government, the Committee urges the Government to intensify its efforts to protect children under 18 years of age from all forms of forced labour or commercial sexual exploitation, particularly vidomégon children. It also requests the Government to take the necessary measures to ensure, as a matter of urgency, that thorough investigations and prosecutions are conducted of persons subjecting children under 18 years of age to forced labour or commercial sexual exploitation, and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee requests the Government to provide information on the results achieved in this regard.

Articles 3(a) and 7(1). Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee noted that the Act No. 2006-04 of 10 April 2006 establishing conditions for the movement of young persons and penalties for the trafficking of children in the Republic of Benin prohibits the sale and trafficking of children for economic or sexual exploitation. The Committee also noted that the Children’s Code of 2015 contains provisions relating to the sale and trafficking of children (sections 200–203 and 212). The Committee, however, noted that statistics on the number of convictions and criminal penalties handed down were not yet available. The Committee further noted that the CRC, in its concluding observations of 2016, expressed concern at the number of children who fell victim to internal trafficking for the purpose of domestic work, subsistence farming or trade or, particularly in the case of adolescent girls, to transnational trafficking for sexual exploitation and domestic labour in other countries. Furthermore, the Committee noted that the Human Rights Committee, in its concluding observations of 2015, continued to express concern that Benin was at the same time a country of origin, transit and destination for trafficking in persons, and in particular women and children.

The Committee notes the Government’s indication that, in January-May 2020, the Central Office for the Protection of Children and Families and the Elimination of Trafficking in Persons (OCPM) identified 10 cases of trafficking of children in Benin. The Government further indicates that statistical data on the number of investigations, prosecutions, convictions and penal sanctions imposed for trafficking of children is being currently collected. The Committee further notes in the Government’s report concerning the application of the Forced Labour Convention, 1930 (No. 29) the establishment of the branches of the OCPM in risk areas and the adoption of identification procedures of child victims of trafficking. The Committee, however, notes that the CRC, in its concluding observations of 2018, expressed concern about the prevalence of cases of trafficking in children from and into neighbouring countries, particularly for domestic servitude and commercial sexual exploitation in cases of girls, and for forced labour in mines, quarries, markets and farms in cases of boys, especially in diamond-mining districts. The CRC further noted that the system in place for identifying child victims of sale and trafficking, is inadequate and inefficient (CRC/C/OPSC/BEN/CO/1, paragraphs 20(f), 32(a)). The Committee requests the Government to strengthen its efforts to ensure the effective implementation and enforcement of the provisions of the Act No. 2006-04 of 10 April 2006, including by conducting thorough investigations and prosecutions of persons who engage in the trafficking of children under 18 years of age. The Committee further requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed for the offence of trafficking of children under 18 years of age. Lastly, the Committee requests the Government to provide information on the activities of the OCPM in preventing and combatting trafficking of children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from such labour. Children working in mines and quarries. The Committee previously noted that, according to a survey conducted as part of the ILO–IPEC ECOWAS II project (December 2010–April 2014), 2,995 children had been found working on 201 different mining sites, and 88 per cent of them were children of school age. The Committee also noted that further to the implementation of the ILO–IPEC ECOWAS II project, targeted actions had been carried out to prevent child labour on mining sites, such as awareness raising and occupational safety and health training for mining site operators. Quarry operators had also established internal regulations prescribing penalties for operators or parents who use child labour on the sites. Alert mechanisms had also been put in place to notify site supervisors of the presence of working children.

The Committee notes the Government’s indication that the committees to monitor child labour in quarries and on granite crushing sites were established in the communes of Djidja, Zangnanado, Bembéréké, Tchaourou, and Parakou with the UNICEF’s support in 2020. The monitoring committees are consisted of labour inspectors, heads of mining and quarrying departments, heads of social promotion centres, judicial police officers, site and quarry operators, heads of women's crushers' associations, and district and village leaders. The Government further indicates that a training workshop on child labour, particularly in mines and quarries, was conducted for the members of the monitoring committees. During the monitoring committees’ visits, several working children were found at the granite crushing sites in the commune of Bembéréké. The Committee once again encourages the Government to continue to take effective and time-bound measures to protect children from hazardous work in the mining and quarrying sector. It further requests the Government to provide statistical data on the number of children protected or removed from this hazardous type of work and to indicate the rehabilitation and social integration measures from which they have benefited.

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

Article 6 of the Convention. Programmes of action. National Plan of Action for the elimination of the worst forms of child labour in Benin. In its previous comments, the Committee requested the Government to provide information on the evaluation of the measures taken in the context of the 2012–15 National Plan of Action for the elimination of the worst forms of child labour in Benin (PAN). The Committee also requested the Government to provide information on progress made regarding the adoption of the new PAN for 2018–22 and to indicate its objectives for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication in its report that only 17 out of 54 actions planned under the 2012–15 PAN have been carried out and that the overall execution rate of the implementation of the 2012–15 PAN is 32 per cent. Amongst the difficulties in the implementation of the 2012–15 PAN, the Government indicates the lack of financing and coordination of actions, an absence of a mid-term evaluation, and the weak integration of the 2012–15 PAN in the annual work plans of the main actors. The Government further indicates the adoption of the 2019-2023 PAN, which aimed at 70 per cent reduction of the worst forms of child labour. The 2019-2023 PAN focuses on six main areas: strengthening the legislative and institutional framework concerning child labour; information, awareness, and social mobilization; education and training; protection and monitoring of child victims; inspection and repression; and evaluation of the 2019-2023 PAN. The Committee requests the Government to provide information on the measures taken within the framework of the implementation of the PAN for 2019–2023 to eliminate the worst forms of child labour, and the results achieved in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these forms of labour. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s indication that awareness-raising activities were carried out with the UNICEF’s support in the municipalities at high risk of child trafficking. The Committee also observes that, according to the 2020 report on labour statistics of the Ministry of Labour and Public Service, in 2020, 38 children, mostly between 10 and 14 years of age, were removed from the worst forms of child labour. The Committee further notes that, in its concluding observations of 2018, although noting the establishment of the children’s reception and transit centre and other measures taken to support the recovery and reintegration of victims, the Committee on the Rights of the Child (CRC) expressed concern that most services, including shelters and temporary accommodation for child victims, are provided by non-governmental organizations, with very limited support from the Government. The CRC also expressed concern about very limited services available to support the physical and psychological recovery and social reintegration of victims and that the Decree No. 2012-416 establishing the norms and standards applicable to children’s shelters and protection centres is not enforced (CRC/C/OPSC/BEN/CO/1, paragraph 34). In addition, the Committee notes that the Committee against Torture (CAT), in its concluding observations of 2019, urged to make all child and adolescent protection centres effectively operational by strengthening their human and material capacities, and ensure adequate training for their staff (CAT/C/BEN/CO/3, paragraph 41, e). The Committee requests the Government to take effective and time-bound measures to prevent children from becoming victims of trafficking, to remove child victims from the worst forms of child labour, and to ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the measures taken, including measures to strengthen the capacities of the centres and other social institutions in the rehabilitation and social integration of child victims of trafficking, and the results achieved in this regard. It further requests the Government to provide statistics on the number of children prevented and rescued from trafficking and to indicate the rehabilitation and social integration measures from which they have benefited.

Clause (d). Identification of children at special risk. HIV/AIDS orphans. In its previous comments, the Committee noted that the Government had adopted a National Plan of Action (2006–19) to take care of orphans and vulnerable children (OVC) and that the Ministry of Family Affairs had undertaken many activities for OVC through its “Cellule coeur d’espoir” (child support unit) programme.

The Committee notes the Government’s indication that the report on the implementation of the National Plan of Action (2006–19) to take care of OVC and the “Cellule coeur d’espoir” programme will be submitted to the Committee once it is available. The Committee observes from the website of the Joint United Nations Programme on HIV/AIDS (UNAIDS), that the number of children in the 0–14 age group living with HIV in Benin was 8,900 in 2020. The Committee further observes from the Demographic and Health Survey carried out by the National Institute of Statistics and Economic Analysis (INSAE) in 2018, that the percentage of children not living with a biological parent increases with age, from 5 percent among 0-4 year olds to 29 per cent among 15-17 year olds. Recalling that OVC are at greater risk of becoming involved in the worst forms of child labour, the Committee once again requests the Government to take effective and immediate measures to protect this category of vulnerable children from the worst forms of child labour. It reiterates its request to the Government to indicate the results achieved through the implementation of the National Plan of Action (2006–19) and the “Cellule coeur d’espoir” programme.

Article 8. International cooperation and assistance. Regional cooperation concerning the sale and trafficking of children. The Committee previously noted the Government’s reference, as regards international cooperation, to the signing of bilateral agreements with Nigeria and Gabon and also international agreements with the Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS) which related to action against the trafficking of children.

The Committee welcomes the signing of a cooperation agreement with Togo and Burkina Faso to protect children in the situation of cross-border trafficking on September 23, 2019 and a cooperation agreement to combat cross-border trafficking of children with Gabon on November 9, 2018. The Government also indicates that a border control system with Nigeria, which is the main destination country for trafficking of children, has been strengthened. The Government further indicates that, in January-May 2020, nine child victims of trafficking were intercepted at the Benin-Nigeria border. In addition, seven child victims of trafficking were identified in Nigeria and repatriated by the Nigerian authorities to Benin. The Committee encourages the Government to pursue its efforts to cooperate with the neighbouring countries with a view to prevent the trafficking of children under 18 years of age. The Committee also requests the Government to continue to provide information on the measures taken and results achieved in this respect, through its various international cooperation agreements.

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed and updated information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards, as required by Article 5(1), of the Convention. It also requested to provide information on the implementation of the National Charter on Social Dialogue (hereinafter the “Charter”). The Committee notes the absence of the information requested in its previous comments on the holding of tripartite consultations on international labour standards, as required by Article 5 of the Convention. However, despite the absence of information from the Government, the Committee observes that, according to the information available, including on the website of the Ministry of Labour and the Public Service, the Charter was signed by the social partners on 30 August 2016. It also notes that the Charter has been implemented by Ministerial Decree No. 323 of 28 June 2017 on the establishment, terms of reference, organization and operation of the National Social Dialogue Council (CNDS) and its components, as well as by Decree No. 2017-324 of 28 June 2017 appointing the members of the CNDS, which resulted in the official launching of the CNDS on 4 August 2017. The Committee further notes that in February 2019, following 17 months of operation, the CNDS published a report on the situation of social dialogue in 2018. The report of the CNDS indicates that, with the technical and financial support of the ILO, two training activities were organized for the titular and alternate members of the CNDS during the course of 2018. The report also refers to the joint will of the Government and the social partners to promote the implementation of international labour standards. It indicates in this regard that the trade unions undertake to contribute to the reinforcement and promotion of the Labour Administration Convention, 1978 (No. 150), and the Labour Inspection Convention, 1947 (No. 81). They also undertake to support the process of the ratification of the following ILO Conventions: the Employment Policy Convention, 1964 (No. 122); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Private Employment Agencies Convention, 1997 (No. 181); and the Domestic Workers Convention, 2011 (No. 189). Noting that despite the Committees’ review of publicly available information, the Government itself has not provided for many years any information on the practical application of the Convention, the Committee once again requests the Government to provide precise and detailed information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards covered by the Convention and on other ILO activities, including questionnaires on items on the agenda of the International Labour Conference (Article 5(1)(a)), the submission of the instruments adopted by the Conference to Parliament (Article 5(1)(b)), the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)) and the reports to be made on the application of ratified Conventions (Article 5(1)(d)).

COVID-19 pandemic. The Committee notes that, in view of the COVID-19 pandemic, the tripartite consultations concerning international labour standards may have been postponed. In this context, the Committee recalls the guidance provided by international labour standards and encourages the Government to make use of tripartite consultations and social dialogue as a solid basis for the preparation and implementation of effective responses to the deep-rooted socio-economic repercussions of the pandemic. The Committee invites the Government to provide updated information in its next report on any measures adopted in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to any measures taken to reinforce the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges faced and the good practices identified in relation to the application of the Convention during and after the period of the pandemic.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

Minimum wages

Article 3(1) of Convention No 26. Minimum wage fixing machinery. The Committee notes the information provided by the Government in reply to its previous comments on this matter.

Article 4. Effective application in practice. Informal sector. Further to its previous comments, the Committee notes the Government’s indication in its report that, in practice, the guaranteed minimum inter-occupational wage is only effectively applied in enterprises in the formal sector. The Committee also notes that, according to the results of the 2011 integrated modular survey on the living conditions of households, more than 90 per cent of workers aged between 15 and 64 years were employed in the informal sector. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to guarantee the payment of the minimum wage to workers in the informal sector.

Protection of wages

Articles 8 and 10 of Convention No. 95. Deductions from and attachment and assignment of wages. In its previous comments, the Committee requested the Government to consider the adoption of suitable measures to prescribe the conditions and extent of deductions permitted under individual employment contracts, under section 216 of the Labour Code, so as to bring the legislation into conformity with Article 8(1). The Committee also requested the Government to take the necessary measures to adopt regulations setting limits on potential deductions. The Committee notes the Government’s indication that the legislation in this regard has not changed. The Committee therefore requests the Government to take the necessary measures to set the limit for deductions from wages, including those arising from attachment or assignment. The Committee particularly requests the Government to specify the conditions and limits on deductions that may be authorized under individual employment contracts.

Article 12(1). Regular payment of wages. In its previous comments, the Committee requested the Government to provide information on the progress of the clearance plan implemented to address issues related to the regular payment of wages that had led to wage arrears in the public service. The Committee notes the Government’s indication that the issue has been definitively resolved by issuing securities and that the clearance plan has been successfully completed.

Article 14(b). Payslips for workers. The Committee notes the Government’s reply to its previous comments on this matter.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the observations of the General Confederation of Workers of Benin (CGTB) dated 3 April 2019 and those of the Trade Union Confederation of Workers of Benin (CSTB) dated 12 June 2019, regarding Act No. 2018-34 amending and supplementing Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike, which refer to the matters examined below by the Committee. The Committee also notes the response of the Government in this respect.

Article 2 of the Convention. Right to establish trade unions without previous authorization. The Committee has, on numerous occasions, insisted upon the need to amend section 83 of the Labour Code, which requires trade unions to deposit their by-laws with numerous authorities, in particular the Ministry of the Interior, in order to obtain legal status. The Government reiterates that the Committee’s recommendations have been taken into account in the most recent version of the draft revised Labour Code, the revision of which is ongoing. Observing that the Government has been referring to amending this legislation for several years, the Committee firmly expects that the revision process of the Labour Code will be concluded rapidly and that the Government will very shortly report the amendment of section 83 of the Labour Code. The Committee requests the Government to provide a copy of the revised Labour Code once it is adopted. The Committee also notes the information provided by the Government indicating that Act No. 98-015 of 12 May 1998, issuing the general conditions of seafarers, is still in force and the right to organize is thereby recognized for all seafarers.

Article 3. Right of workers’ organizations to organize their activities. The Committee notes the below provisions of Act No. 2001-09 on the exercise of the right to strike, as amended by Act No. 2018-34.

Scope of the Act in terms of the persons covered. The Committee notes that military personnel, paramilitary personnel (police, customs, water, forestry, hunting, etc.) and healthcare staff may not exercise the right to strike (new section 2). In this regard, the Committee wishes to recall that it considers that States may restrict or prohibit the right to strike of public servants “exercising authority in the name of the State”, for example, civil servants in government ministries and other comparable bodies, and ancillary staff and that, when they are not exercising authority in the name of the State, they should benefit from the right to strike without being liable to sanctions, except in the case that the maintenance of a minimum service may be envisaged. This principle should also apply to civilian personnel in military institutions when they are not engaged in the provision of essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraphs 130 and 131).

Requisitioning in the event of a strike. The Committee notes that public service employees and employees of public, semi-public or private institutions of an essential nature, whose stoppage of work would cause serious damage to peace, security, justice, the health of the population or the public finances of the State, may be requisitioned in the event of a strike (new section 17). Taking into account the general wording of the criteria set out in section 17, the Committee recalls that it is desirable to limit powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, namely: (i) in the public service for public servants exercising authority in the name of the State; (ii) in essential services in the strict sense of the term; and (iii) in the case of an acute national or local crisis (see the 2012 General Survey, paragraph 151).

Duration of the strike. The Committee notes that the exercise of the right to strike is subject to certain conditions of duration. Strikes may not exceed ten days in any one year; seven days in a six-month period; and two days in the same month. Regardless of the duration, the stoppage of work during a day shall be considered as a full day of strike action (new section 13). The Committee considers that workers and their organizations should be able to call a strike for an indefinite period if they so wish (see the 2012 General Survey, paragraph 146).

Sympathy strikes. The Committee notes that sympathy strikes are prohibited (new section 2). The Committee recalls that it considers that a general prohibition of this form of strike action could lead to abuse, particularly in the context of globalization characterized by increasing interdependence and the internationalization of production, and that workers should be able to take such action, provided that the initial strike they are supporting is itself lawful (see the 2012 General Survey, paragraph 125).

In light of the foregoing, the Committee urges the Government to take the necessary measures in the near future to amend the provisions in question of Act No. 2001-09 on the exercise of the right to strike, as amended by Act No. 2018-34, and to ensure that they give full effect to the provisions of the Convention with regard to the above.

The Committee notes the observations of the Trade Union Confederation of Workers of Benin (CSTB), received on 30 September 2019, concerning acts of anti-union discrimination against several leaders of national trade unions (the National Union of Police Officers (SYNAPOLICE), the National Union of Water, Forestry and Hunting Workers and the National Union of Dockworkers (SYNFOMAP)), as well as against worker representatives on the Governing Board of the National Social Security Fund (CNSS). The Committee also takes note of the Government’s reply in this regard.

Right to collective bargaining in practice. The Committee notes the general information from the Government regarding the collective agreements and enterprise agreements concluded in para-public enterprises and agencies and structures under the supervision of the public administration, as well as in industry, services and commerce. The Committee requests the Government to provide full information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

Articles 1 and 2 of the Convention. Causes of gaps in remuneration between men and women. Occupational segregation. The Committee notes the Government’s information that, according to the 2015 comprehensive modular survey on household living conditions (EMICoV), 89 per cent of economically active persons are employed in the informal economy. The survey also reveals that women’s activity rates stand at 60.7 per cent (75.9 for men) and that they are more affected by “visible underemployment” than men (42.8 per cent of women work fewer than 35 hours per week compared with 37.3 per cent of men). The dependent employment rate is lower among women (7.1 per cent) than among men (18.6 per cent). Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee recalls that gender pay gaps stem mainly from the following factors: horizontal and vertical occupational segregation of women into lower paying jobs and occupations and lower level positions without promotion opportunities; lower, less appropriate and less career-oriented education, training and skill levels; household and family responsibilities; perceived costs of employing women; and pay structures (see General Survey of 2012 on the fundamental Conventions, paragraphs 712 and 869). The Committee also notes that the Government envisages conducting a survey on equal opportunities between men and women in employment and occupation in order to ascertain a clear picture of the situation in the country and develop a plan of action in that area. The Committee therefore requests the Government to provide information on the progress made regarding the planned survey and the measures envisaged to ensure that women have better access to paid work and the formal economy, and to a range of opportunities for vocational training and education, in order thereby to have access to a wider range of better-paid jobs with career development prospects. The Committee also requests the Government to take measures to combat stereotypes relating to the capacities and roles of women in employment and society in general. It requests the Government to provide available statistics on the situation of men and women in employment, disaggregated by sex, activity sector and occupational category and, in particular, on their respective rates of remuneration.

Article 2(2). Application of the principle of equal remuneration through collective agreements. The Committee notes that the Government’s report is silent on any amendments to clauses in collective agreements that are narrower than the principle set forth in the Convention (such as, equal salaries for “equal qualifications”, “for equal working conditions, length of service and professional qualifications” and “for equal working conditions, length of service and output”). The Committee therefore requests, once again, the Government to take the necessary measures to encourage employers’ and workers’ organizations to ensure that the provisions of collective agreements respect the principle of equal remuneration for men and women for work of equal value, as set out in section 126 of the Labour Code, and to provide information on the progress achieved in this regard.

Determination of minimum wages. The Committee recalls that as women often predominate in low-wage jobs and that a national standard minimum wage system helps to raise the earnings of the lowest-paid workers, such a system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. In this regard, the Committee notes the Government’s indication in its report that the revision of the minimum wage, following the adoption of Decree No. 2014-292 of 24 April 2014 issuing a rise in the minimum interoccupational guaranteed wage rates (SMIG), is not yet effective and that discussions with the social partners are under way to start the revision process. The Committee recalls that the principle of equal remuneration for men and women for work of equal value enshrined in the Convention allows for situations of occupational segregation between men and women to be identified, namely situations in which men and women do not perform the same type of work or are confined to different activity sectors or to posts of different hierarchical levels. In this regard, the Committee wishes to draw the Government’s attention to the fact that, because of this segregation, it is essential, when determining minimum wages or revising minimum wages at the sectoral level, to prevent gender bias and ensure that skills considered as inherently possessed by women (such as manual dexterity or care delivery) are not undervalued in comparison with skills considered as inherently possessed by men (such as physical strength). Remuneration rates should be fixed based on objective criteria, free from gender bias, to ensure that work in sectors employing a high proportion of women is not being undervalued in comparison with sectors employing mainly men. The Committee also wishes to recall that, in defining different occupations and jobs for the purpose of fixing minimum wages, gender-neutral terminology should be used to avoid stereotypes as to whether certain jobs should be carried out by a man or a woman (see the General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee once again requests the Government to provide information on the outcome of the discussions with the social partners and on the specific measures taken to ensure that minimum wage rates in branches of activity that employ exclusively or mainly women are not undervalued and are determined on the basis of objective criteria free from any gender bias, specifying the assessment method for jobs and the criteria used. The Committee once again requests the Government to provide any new text establishing wages by branches of activity.

Application of the principle and determining wages in the public service. The Committee recalls that Act No. 2015-18 issuing the general regulations of the public service does not provide for equal pay between men and women for work of equal value but specifies that “where the conditions of qualification are equal, the State must guarantee equal treatment for civil servants irrespective of the manner in which their work is performed” (section 67). With regard to the determination of wages in practice, the Committee notes that, according to the Government’s report, the process of reform wages in the public service has not been completed. In this respect, the Committee refers to the principles outlined in the above paragraph which are also applicable to the public service. It adds that, when determining the classification of jobs for the purpose of determining wages, it is essential that the method used to assess the tasks that comprise the jobs being classified is based on a set of weighed and objective criteria, such as qualifications (knowledge and skills), responsibilities and efforts (physical, mental and emotional), demanded by the job, as well as the conditions under which the work is carried out (physical environment and psychological conditions). Discrimination can in fact occur as a result of the criteria established to classify jobs, the underestimation of the activities carried out predominantly by women or the inequalities arising from payment of added benefits (bonuses, compensation, allowances etc.) when men and women do not have equal access to work, in law and in practice. The Committee requests the Government to take the necessary measures to ensure that the principle of equal remuneration between men and women for work of equal value is enshrined in the general regulations of the public service and that it is duly taken into account and recognized as a specific objective of wage reform. The Committee requests the Government to continue providing information on the progress, method and criteria used, and the results of this reform. The Committee also requests the Government to ensure that public servants, both women and men, have equal access, in practice, to the various bonuses – which are part of the remuneration within the meaning of the Convention – provided for by the general regulations of the public service.

Enforcement. Labour inspection. The Committee notes the Government’s indication that the principle of the Convention is enforced during inspections of enterprises and when advising the social partners. It also notes that no complaint of discrimination has been filed. The Committee requests the Government to provide information on the monitoring activities carried out by labour inspectors concerning equal remuneration between men and women, specifying the number and nature of the inspections conducted, and information on the number and nature of the complaints dealt with by the Labour Inspectorate or the courts in this area.

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.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the adoption on 4 June 2018 of Act No. 2018-16 on the Criminal Code, section 548 of which defines sexual harassment as follows: “the act of repeatedly giving orders, or using words, gestures, written text or messages to issues threats, impose constraints, exert pressure or use any other means in order to obtain from a person in a vulnerable or subordinate situation, sexual favours by a person for his or her benefit or the benefit of a third party against the will of the person being harassed”. The Committee highlights that this definition covers only one form of sexual harassment, namely quid pro quo sexual harassment, and does not target harassment which results in the creation of a hostile, intimidating, degrading, offensive or humiliating environment. The Committee also notes that the Government’s report is silent on the issue of the revision of Act No. 2006-19 of 5 September 2006 on combating sexual harassment and protecting victims, which it requested in its previous comments in order to also include harassment resulting in a hostile work environment. In this regard, the Committee recalls that it considers that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey of 2012 on the fundamental Conventions, paragraph 792). The Committee further notes that, according to the Government’s report, actions to raise awareness of sexual harassment and its repercussions, particularly at the legal level, are led by the Government, NGOs, the media, labour inspectors during inspections and trade unions. The Committee once again requests the Government to take the necessary measures to amend the definition of sexual harassment contained in section 1 of Act No. 2006-19 on combating sexual harassment and protecting victims. In order to enable victims to assert their employment rights effectively, the Committee invites the Government to examine the possibility of including in the Labour Code a clear definition and express prohibition of sexual harassment in all its forms as well as provisions to adjust the system of evidence. The Committee also requests the Government to provide information on the measures taken to raise awareness among workers and employers about sexual harassment and the cases of sexual harassment dealt with by labour inspectors and magistrates.

Article 1(1)(b). Additional grounds of discrimination. The Committee recalls that it requested the Government, in consultation with workers’ and employers’ organizations, to examine the possibility of reintroducing into the new draft Labour Code the additional grounds of discrimination which are currently expressly prohibited in the Labour Code, namely age, kinship and origins. Taking due consideration of the Government’s indications that these comments will be taken into account within the framework of the updating of the draft Labour Code, the Committee requests the Government to provide information on the provisions of the new draft Labour Code prohibiting discrimination on these grounds.

Real or perceived HIV status. The Committee welcomes the awareness-raising measures and initiatives led in the public sector (among students and teachers) and private sector (in enterprises), following the 2015 political declaration on HIV/AIDS. The Committee notes the Government’s indication that it adopted a strategic plan to combat discrimination for 2015–17 and that it implemented, on 3 March 2017, the National Council to combat HIV/AIDS, sexually-transmitted diseases, tuberculosis and epidemics, aimed at ensuring the coordination of all actions to fight these diseases. The Government indicates that the issue of HIV/AIDS in the workplace will be specifically addressed in the national occupational safety and health policy document that is being updated. The Committee also recalls that the preliminary draft Labour Code contains 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 trusts that these provisions will also be contained in the draft Labour Code that is being revised. The Committee requests the Government to provide information on the measures taken within the framework of HIV/AIDS plans or policies to combat discrimination on the grounds of real or perceived HIV status in employment and occupation, including at the recruitment stage, and on measures taken to raise the awareness of victims, and those who commit acts of this type of discrimination, about the provisions of national legislation, including the redress available and the applicable penalties. It also requests the Government to provide information on any cases of discrimination on the grounds of HIV status brought to the knowledge of labour inspectors.

Article 2. Measures to promote equality between men and women. The Committee notes the Government’s mention of actions carried out to raise awareness of equality between men and women, and of the adoption of measures to “facilitate women’s large-scale entry into the workforce, by creating favourable conditions and by levelling out … the social burdens maintained for centuries to undermine women”. It notes that, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), the Government indicates that the issue of gender parity is one of its priorities and that, within this framework, the General Labour Directorate plans to conduct a study into equal opportunities in order to develop an action plan in this regard. The Committee requests the Government to continue to take specific measures, in collaboration with employers’ and workers’ organizations, to combat social burdens, and 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 requests it to take measures to combat horizontal segregation (confining women to certain activity sectors and certain occupations, often poorly paid and with no career development perspectives) and vertical (confining women to subordinate posts) in the labour market. It requests it to provide detailed information on the measures adopted to this end, and on the results and conclusions of any studies conducted on equal opportunities between men and women in employment and occupation.

Equality between men and women in the public service. In reply to its previous comments, the Committee notes the Government’s indication that the national policy on public service recruitment has still not been finalized. The Government adds that it does not consider it relevant to introduce positive discrimination in favour of women to enable them to access the public service on a large scale because, in certain corps, the majority of those who pass the competitions are women and that the focus must be on education and training. In relation to posts under its direct responsibility, the Committee requests the Government to take the necessary measures, 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 that is being drafted, particularly through capacity-building and lifelong training to enable women to advance in their careers and access posts of responsibility. It once again requests it to provide statistics, disaggregated by sex, on employment in the public service by level of responsibility.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(e). Access to education and vocational training. Underlining the importance of education to achieve equality in employment and occupation, the Committee welcomes the measures taken by the Government to extend free education to girls aged 14–15 years in secondary school, set up school canteens and impose penalties to discourage parents from keeping their daughters at home. The Committee also notes that, according to information received from the State regarding follow-up to the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), the Government has also introduced partial exemption from school fees for girls in technical and vocational schools, and arrangements for keeping economically vulnerable girls in school (CEDAW/C/BEN/CO/4/Add.1, 13 September 2017, paragraph 11). Recalling its previous comments concerning segregation of boys and girls in education and the fact that girls are always under-represented in prestigious branches that generate employment, the Committee requests the Government to step up its efforts to improve, especially in rural areas, 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 more highly paid jobs. The Committee also requests the Government to take specific measures to combat obstacles, such as gender stereotypes, prejudices and practices, including sexual harassment, that girls and women face in relation to their education and vocational opportunities.

Article 5. Special protective measures. The Committee takes note of the Government’s indications that ministerial Decree No. 132/MFPTRA/MSP/DC/ SGM/DT/SST of 2000 on the occupations and activities that are prohibited for women was revised in 2012, but that the revised draft has not yet been adopted. Recalling that it has been raising this this point for many years, the Committee requests the Government to take the necessary measures to ensure that all protective measures for women is strictly limited to maternity protection and/or is based on a scientific evaluation of the risks posed specifically to women and is not based on a stereotyped idea of women’s role in society. The Committee also requests it to revise section 10(d) of chapter II of the 1998 decree, as well as sections 5 and 7 of ministerial Decree No. 132/MFPTRA/MSP/DC/SGM/ DT/SST of 2000 on the occupations and activities that are prohibited for women, in the light of the principle of equality between men and women. The Government is requested to provide information on any new provision adopted in this regard.

Articles 2–7 of the Convention. Migrations in abusive conditions. The Committee notes the adoption, in December 2018, of the Global Compact for Safe, Orderly and Regular Migration (also known as the Marrakech Compact), which is a road map – a non-binding cooperation framework on migration – that recognizes that no State can resolve these problems alone. The Global Compact recognizes the need for a holistic approach to optimize the global benefits of migration by addressing the risks posed to individuals and the challenges faced by communities in countries of origin, transit and destination. It also notes that the African Union has announced 2019 as the Year of Migrants and Internally Displaced Persons, and that it has established an African Observatory for Migration and Development – an institution of the African Union (with its headquarters in Morocco) mandated to collect and analyse data on migration in Africa. The Committee requests the Government to provide information on the measures taken at national level within the framework of these different initiatives, particularly those relating to the fight against migrations in abusive conditions.

Trafficking in persons. Referring to its previous comments on measures to combat trafficking in persons, the Committee notes the Government’s indication that no cases of unlawfully employed migrants have been detected by the labour inspection services. It also notes the Government’s references to measures taken essentially to combat child trafficking and indication that some measures to combat trafficking in women have been adopted in the framework of the national policy and action plan on the promotion of women. The Government also refers to an annual awareness-raising campaign and training for magistrates, police officers and labour inspectors. In this respect, the Committee also refers to its 2018 direct request on the application of the Forced Labour Convention, 1930 (No. 29), in which a certain number of measures to combat trafficking in persons are noted, such as establishing an ad hoc interministerial committee; preparing a draft law to combat trafficking in adults; strengthening the capacities of the different actors involved and the control measures at borders and airports; and providing care for victims. The Committee requests the Government to intensify its efforts to combat trafficking and adopt more specifically targeted measures to: (i) determine whether there are unlawfully employed migrants in the country and migrations for the purposes of employment in abusive conditions; (ii) put an end to illicit migrations and unlawful employment of migrants, and punish those who organize the illicit or clandestine movement of migrants for employment purposes; (iii) establish contacts and systematic information exchange among States in the region; (iv) prosecute and punish those responsible for labour trafficking; and (v) consult the representative employers’ and workers’ organizations on legislation and other measures aimed at combating migrations for the purposes of employment in abusive conditions, including trafficking in persons. The Committee also requests the Government to take measures to ensure that the draft law to combat trafficking in adults is adopted in the near future and to provide information on the content of this text.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes that, in its report, the Government has still not developed or pursued a national policy on equality of opportunity and treatment for migrant workers. The Committee recalls that under Article 10, the State undertakes to declare and pursue a national policy designed to promote and to guarantee, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within its territory. In this respect, it also recalls that Article 12 provides that, if this national policy relating to equality of opportunity and treatment can be progressively implemented and adapted to national conditions, the authorities must take affirmative action measures to achieve this objective of equality of opportunity and treatment. The Committee once again requests the Government to provide information on all measures taken, in accordance with Article 10, to declare and pursue in collaboration with workers’ and employers’ organizations, 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(c). Restrictions with regard to certain functions necessary in the interests of the State. In its previous comments, the Committee requested the Government to examine the reasons for which the restriction on access to state employment was applicable to all state jobs, and not to “limited categories of employment or functions”, and the extent to which such a general restriction was necessary “in the interests of the State”. The Committee notes that, like the former Public Service Regulations of 1986, Act No. 2015-18 of 2 April 2015 issuing the General Public Service Regulations grants access to the public service exclusively for Beninese nationals (section 11 et seq.). It also notes that the Government specifies that this provision gives priority to Beninese nationals in the access of employment. In this regard, the Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (2016 General Survey, Promoting Fair Migration, paragraph 370). The Convention therefore covers the situations where protection in the interest of the State justifies reserving certain jobs or functions, owing to their nature, for the nationals of the given State. In addition, the Committee notes that the notion of “public service” could cover a wide range of activities which can also vary considerably among countries (the same applies to public enterprises) and that, in these conditions, it could be helpful for governments to periodically examine their legislation and practice in the light of the criteria set out under Article 14(c). Consequently, the Committee once again 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”, or those related to national sovereignty, and to specify the extent to which such a general restriction is necessary “in the interest of the State”. The Government is requested to provide information on the outcome of this examination.

Article 14(a) of the Convention. Restrictions concerning employment and geographical mobility within the country. The Committee notes that, in reply to its request to promptly adopt measures to repeal Decree No. 77-45 of 4 March 1977 regulating the movement of foreign nationals and subjecting foreign workers to special authorization to leave their town of residence, the Government indicates once again that this Decree is no longer relevant and that, there is thus no restriction on the movement of foreign nationals in the national territory. The Government recognizes that this text has not been formally repealed and undertakes to complete the necessary formalities to ensure it is repealed as soon as possible. The Committee notes the fact that this decree has fallen into disuse but also observes that it has been raising this issue for over 20 years. Recalling that, under Article 14(a) of the Convention, migrant workers who reside lawfully in the country must have the right to geographical mobility, the Committee once again urges the Government to take the necessary measures to formally repeal Decree No. 77-45 of 4 March 1977 regulating the movement of foreign nationals, and to provide information on the measures taken in this regard.

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

Articles 1 and 2 of the Convention. Application of the Convention and scope of collective bargaining in the public service. In its previous comments, the Committee noted that, based on the information provided by the Government, although labour relations between employers and workers in establishments or enterprises in the private and semi-public sectors were governed by the general collective agreement of 30 December 2005, no special modalities of application of the Convention had been fixed for the whole or part of the public service. In this regard, the Committee observed that persons appointed as permanent officials within the public administration were subject to the General Public Service Regulations (Act No. 2015-18 of 2 April 2015), which provide for advisory bodies such as the Public Service Joint Advisory Committee within the Ministry for the Public Service (section 8 of the Regulations), or joint administrative committees in each ministerial department or state institution (section 9). The Committee notes that the Government reiterates that no special modalities of application of the Convention have been fixed for the whole or part of the public service. However, the Government indicates that there are Sectoral Social Dialogue Committees (CSDS) in most ministries, which are technical dialogue forums which enable negotiations to be held on all the subjects specified in Article 2 of the Convention, and that “these committees are to evolve over time into joint administrative committees”, which are reported to be of a consultative nature. Recalling that, as required by the Convention, public employees shall not only be consulted within joint bodies, but shall also be able to bargain collectively their working conditions and terms of employment, the Committee requests the Government to provide information on the work of the above-mentioned joint committees, and on the effective mechanisms that enable public employees to bargain collectively their working conditions and terms of employment. The Committee requests the Government to provide information in its next report on any developments in this regard and on any collective negotiations held in the public sector.

Article 5. Promotion of collective bargaining. The Committee notes the information provided by the Government regarding the improvement of social dialogue with employers and the convening of social dialogue bodies.

Comments adopted by the CEACR: Benin

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C087 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C143 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C143 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C154 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Benin

Display the list by:

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C087 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C143 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C143 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C154 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)