Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Benin

Convenio sobre igualdad de remuneración, 1951 (núm. 100) (Ratificación : 1968)
Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) (Ratificación : 1961)

Previous comment on Convention No 111: direct request

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Further to its previous comments, the Committee notes the Government’s indication, in its report, that the work on the revision of the Labour Code continues and 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 will be explicitly provided for.

Sex. Sexual harassment. Further to its previous comments, the Committee notes the Government’s indication that: (1) the revision of the Criminal Code will include harassment arising from a work environment which is hostile, intimidating, degrading or offensive; and that (2) the draft Labour Code being prepared takes into account the Committee’s observations on the definition of sexual harassment. In the context of the current legislative review, the Committee invites the Government to ensure consistency among the various texts that cover the issue of sexual harassment (Criminal Code, Labour Code, General Public Service Regulations, Act No. 2017-05 setting out the conditions and procedures for recruitment, job placement and termination of the employment contract, and any other relevant text) and to guarantee that the criminal and other penalties envisaged are sufficiently dissuasive and remedies are effective.The Committee requests the Government to provide information on measures taken in this regard.

Articles 1 to 3. National policy for equality of opportunity and treatment. Further to its previous comments on the need to combat sexist stereotypes and occupational segregation, the Committee notes with interest the measures taken by the Government to this end, including those aimed at strengthening equal access to education and vocational training: (1) measures to raise awareness and encourage retention of girls in school and to promote their participation in industrial science and technology training (grants, partial exemption from enrolment fees, and so forth); (2) construction of appropriate infrastructure, particularly in rural areas (separate toilets, mixed boarding schools); and (3) the establishment of community childcare in training centres to enable young mothers to continue their training with peace of mind. The Committee notes, however, from the statistics provided by the Government, that significant gender gaps persist in the number of students enrolled per subject in technical and vocational education and training schemes. The Committee also notes the establishment of the National Women’s Institute (INF), whose mission is to promote women at the political, economic, social, legal and cultural levels, both in the public and private spheres, and to combat all forms of discrimination and violence against women (Decree No. 2021-391 of 21 July 2021). The Committee requests the Government to continue its efforts to promote equality of opportunity and treatment among men and women in employment and occupation (access to various training, combating stereotypes and so forth). It requests the Government to provide information in this regard, including on the work of the INF.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Application of the principle of equal remuneration. Further to its previous requests, the Committee notes that the Government refers once again to legislative provisions and collective agreements setting out equal remuneration for men and women, as well as salaries of public employees and wage scales without any gender-based distinction. The Committee recalls that the legal recognition of the principle of equal remuneration and the existence of wage scales are not sufficient to guarantee the full application of the principle of the Convention in practice. The concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. The Committee requests the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is applied in practice, including any objective job evaluation methods used in setting wage scales and other wage-setting mechanisms.

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