Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre los trabajadores migrantes (disposiciones complementarias), 1975 (núm. 143) - Benin (Ratificación : 1980)

Articles 2 to 7 of the Convention. Migrants in abusive conditions. The Committee notes that in response to its previous comment, the Government merely states in its report that it takes note of the Committee’s recommendations, without indicating the measures taken or envisaged in this regard. The Committee can therefore only but repeat its previous requests. The Committee once again requests the Government to take measures to determine whether there are illegally employed migrants on the national territory or labour migrants in abusive conditions. To this end, it requests the Government to: (i) strengthen the capacity of the labour inspectorate, prosecutors and the judiciary in respect of labour migration in abusive conditions (in particular through training courses on this subject; and to (ii) provide detailed information on: (a) the measures and activities implemented in this regard; (b) the number of cases of abuse of migrant workers identified or brought to the attention of the labour inspectorate and other authorities; and (c) the manner in which these cases were addressed (penalties imposed, remedies granted and so forth).

Trafficking in persons. The Committee notes the Government’s indications that the Ministry of Foreign Affairs has developed a guide for Beninese job applicants in Middle Eastern countries to protect persons recruited as domestic workers abroad from clandestine migration, illegal employment, corruption and abuse. The Government refers to measures taken to combat the employment of migrants in irregular situations and punish the organizers of illicit or clandestine migration movements for employment, but without any details (dates, specific measures, regulatory or legislative provisions). With regard to contact and information-sharing with the States of the region, the Government specifies that it has committed to bilateral meetings within the framework of monitoring the implementation of the bilateral agreements signed with the countries in the region. In February 2024, a meeting between Gabon and Benin gave way to the development of a draft joint action plan to strengthen cooperation between these two countries in this context. The Committee requests the Government to provide full and detailed information on the measures taken to: (i) combat clandestine migration and illegal employment of migrants, and punish the organizers of illicit or clandestine migration movements for employment; (ii) prosecute and impose penalties on the perpetrators of labour migration; and (iii) consult with the representative organizations of employers and workers in respect of the legislation and other measures aimed at combating labour migration in abusive conditions, in particular trafficking in persons. It also requests the Government to provide information on the implementation of the joint action plan between Benin and Gabon for cooperation regarding migration, and on any other similar action plan with other countries of the region, as well as their implementation and the tangible results achieved.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes that in response to its previous comment, the Government specifies that in 2022 the Ministry of Labour and of the Public Service sponsored a study on equality of opportunity for men and women. However, it does not specify whether this study concerned migrant workers in particular, and does not provide further information on its results or any follow-up measures. Furthermore, the Government has still not provided information on efforts made to draw up a national policy on equality of opportunity and treatment as required under Articles 10 and 12. The Committee once again recalls that the objective of the Convention is precisely that Governments declare and pursue an active national policy to ensure equality of opportunity and treatment for migrant workers, through the pursuit of a coordinated range of measures which may be implemented progressively and continuously adapted to respond to changing national circumstances (see General Survey of 2016 on Instruments concerning migrant workers, paragraphs 166 and 168). The Committee therefore once again requests the Government to declare and pursue in collaboration with workers’ and employers’ organizations, a national policy on equality of opportunity and treatment expressly providing for equality of opportunity and treatment between migrant workers and nationals, including the range of measures indicated in Article 12 of the Convention.

Article 14(c). Restrictions with regard to certain functions necessary in the interests of the State. In response to its previous comment, the Committee notes the Government’s indication that Act No. 2015-18 of 1 September 2017 issuing the General Public Service Regulations as amended by Act No. 2017-43 of 2 July 2018, which restricts access to public employment to persons holding Beninese nationality, is under comprehensive review and will, to the extent possible, take the Committee’s recommendations into account. The Committee once again 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 interests of the State (see General Survey of 2016 on Instruments concerning migrant workers, paragraph 370). The Committee requests the Government to provide detailed information on: (i) the positions effectively open to recruitment of foreign nationals in practice (particularly in application of Decree No. 2018-283 of 4 July 2018 authorizing the recruitment of foreign nationals); (ii) the steps taken to ensure that restrictions concerning access to the public service of non-national workers should be restricted to “limited categories of employment” and that they should be necessarily and strictly in the interests of the State; and (iii) progress made in amending Act No. 2015-18 of 1 September 2017 issuing the General Public Service Regulations imposing a restriction of general access.

[The Government is asked to reply in full to the present comments in 2026.]