Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes the Government’s indication in its report that the Supreme Court has examined the preliminary draft Labour Code and made observations which have been examined by the Government. The Government also indicates that: (1) a re-examination of the whole Labour Code is planned; and (2) the draft Labour Code which is being updated takes account of social origin as a ground of discrimination. In view of the foregoing, the Committee asks the Government to take the opportunity provided by the re-examination 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 Article 1(1)(a) of the Convention (including colour, national extraction and social origin) are included in the Labour Code. The Committee requests the Government to provide information on the status of the Labour Code reform and to send a copy of the text of the new Code once it has been adopted.

Article 1(1)(a). Discrimination on the basis of sex. Sexual harassment. The Committee notes that, like the previous definition, the new definition of sexual harassment contained in new section 548 of Act No. 2018-16 issuing the Penal Code, as amended and completed by Act No. 2021-11 of 20 December 2021 issuing special provisions for the punishment of gender-related offences and for the protection of women, still only covers one form of sexual harassment (quid pro quo sexual harassment). In this regard, the Committee notes the Government’s indications that: (1) even though this new definition does not specifically refer to harassment arising from a work environment which is hostile, intimidating, degrading or offensive, it should be pointed out that new section 549 (which provides that any form of sexual harassment constitutes an offence) criminalizes all forms of harassment without exception; and (2) data on sexual harassment cases which have been prosecuted in the courts have been requested from the Ministry of Justice and Legislation but have not yet been supplied. In view of the foregoing, the Committee regrets the fact that the Government has not taken the opportunity provided by the adoption of Act No. 2021-11 to include harassment arising from a work environment which is hostile, intimidating, degrading, offensive or humiliating in the definition of sexual harassment. Furthermore, the Committee welcomes the protective clauses introduced by Act No. 2021-11, amending Act No. 2017-05 of 29 August 2017 establishing the conditions and procedure for recruitment, job placement and contract termination, adding a new subparagraph to section 27, under which any resignation or agreement of the parties resulting from sexual harassment shall be deemed to be a dismissal, and to section 30, under which any dismissal following sexual harassment shall always be deemed to be wrongful when these offences are established by the competent criminal court. The Committee once again requests the Government to: (i) take the necessary measures to amend the definition of sexual harassmentcontained in new section 548 of Act No. 2018-16 issuing the Penal Code, as amended in 2021; and (ii) clarify how the provisions of the Penal Code, in particular the above-mentioned section, align with those of Act No. 2006-19 of 2006 on punishing sexual harassment and protecting victims (in particular section 1, which defines sexual harassment). The Committee requests the Government to provide information on the application of section 27(6) and 30(2) of Act No. 2017-05 in practice (cases of resignation, dismissal or other forms of contract termination resulting from sexual harassment). In order to protect workers effectively, the Committee once again asks the Government to: (i) include in the Labour Code a clear definition and explicit prohibition of sexual harassment in all its forms (quid pro quo and hostile work environment harassment); and (ii) adopt specific provisions for effective mechanisms to prevent, sanction and remedy sexual harassment in employment and occupation. The Committee once again requests the Government to continue providing information on: (i) the measures taken to raise awareness among workers and employers about sexual harassment; and (ii) any cases of sexual harassment dealt with by labour inspectors or magistrates.

Article 2. Measures to promote equality between men and women. Private sector. In its previous comments, the Committee asked the Government, which had indicated that the issue of gender parity was one of its priorities, 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, and to take measures to combat horizontal and vertical segregation in the labour market, whereby women are confined to certain sectors or occupations, which are often poorly paid, or to subordinate posts. Noting that the Government merely states that it takes note of the recommendation, the Committee once again requests the Government to take the necessary steps to promote gender equality in the private sector and to provide information on the measures adopted to this end. It once again requests the Government to provide information on the study on equal opportunities which had been envisaged in order to draw up an action plan in this regard.

Public service. The Committee notes the Government’s indications that recruitment in the public service takes place according to equitable and impartial procedures, in accordance with the General Public Service Regulations, and recruitment competitions do not exclude any male or female candidate. It also notes the data disaggregated by sex which indicate that only 22 per cent of ministers and 13 per cent of heads of cabinet are women. The Committee regrets the fact that the Government has not provided data on public service staff disaggregated by sex other than those relating to these high-level posts. The Committee invites the Government to examine the composition of the public service workforce in the light of the principle of gender equality in order to determine the actions to be taken to achieve genuine equality between men and women and ensure better representation of women at all levels of the public service, including through training. The Committee also requests the Government to provide available statistics, disaggregated by sex, on the staff of the public service at all levels of responsibility.

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