CMNT_TITLE

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

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes that the Government confines itself to repeating that it will take the necessary measures to ensure that the grounds of colour and national extraction, the definition of direct and indirect discrimination and its explicit prohibition are included in the Labour Code which is still being revised. With a view to giving full effect to the Convention, the Committee requests the Government to take the necessary measures to amend the Labour Code with a view to prohibiting any direct and indirect discrimination based, as a minimum, on all the grounds set out in Article 1(1)(a) of the Convention, including colour and national extraction. In the firm hope that the Government will be able to make progress in this respect in the near future, the Committee requests it to provide information on the specific measures adopted in this regard and to provide information on the progress achieved in the revision of the Labour Code.

Article 1(1)(b). Real or perceived HIV status. The Committee notes that Act No. 2005-31 of 5 April 2006 on the prevention, treatment and control of HIV/AIDS contains provisions prohibiting attitudes or regulatory provisions of such a nature as to discriminate against or stigmatize workers based on their HIV status (section 18), invalidating any termination of the employment of a worker living with HIV (section 16) and making it an offence to refuse to recruit a person based on their HIV status (section 15). In this context, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), and particularly Paragraphs 9 to 14 and 37. The Committee requests the Government to provide information on the application of the anti-discrimination provisions of Act No. 2005-31 of 5 April 2006 in practice, including any cases of discrimination identified by labour inspectors, any policies or programmes adopted or envisaged on HIV and AIDS in the world of work, and any collective agreements and court decisions affording specific protection against stigmatization and discrimination in employment or occupation based on real or perceived HIV status.

Discrimination on the basis of sex. Sexual harassment. The Committee notes that the provisions of section 546 of the draft Penal Code transmitted by the Government, which defines sexual harassment, are identical to the provisions in section 1 of Act No. 2006-19 of 5 September 2006 to repress sexual harassment and, accordingly, does not cover conduct which has the effect of creating an intimidating, hostile or humiliating work environment. The Committee asks the Government to take the necessary measures to amend the definition of sexual harassment contained in section 546 of the draft Penal Code and section 1 of Act No. 2006-19 of 5 September 2006 to include hostile work environment sexual harassment, and requests it to provide information on any measures adopted in this respect. The Committee reiterates its request for information on cases of sexual harassment reported to or detected by labour inspectors and on the action taken, as well as any court decisions on this subject.

Article 2. National equality policy. With reference to its previous comments, the Committee notes that no measures have been taken for the adoption of a national equality policy. It also notes that the Government confines itself to indicating once again that the national plan to combat discrimination is still being drawn up. Noting that no progress has been achieved in this respect for several years, the Committee once again requests the Government to take the necessary measures, in collaboration with workers’ and employers’ organizations, for the formulation and implementation without further delay of a genuine national equality policy with the aim of eliminating discrimination in employment and occupation, and for the finalization and application of the plan to combat discrimination. Please provide information on any measure adopted in this respect.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government’s report does not contain any information on this point. The Committee notes, however, from the website of the United Nations Development Programme (UNDP), the creation of a “Women Business Promotion Centre” as a result of a partnership between the Ministry of Microfinance and Youth and Women’s Employment and the Federation of Business Women and Entrepreneurs of Benin, with the objective of promoting and strengthening the economic autonomy of women, particularly by facilitating their access to credit. The Committee requests the Government to take practical measures to raise the awareness of workers, employers and their organizations concerning equality for men and women in employment and occupation and to combat gender stereotypes and prejudices relating to the professional aptitudes and capacities of women and the roles of women and men in society, particularly in rural areas, and to provide information on the measures adopted in this respect. Please provide detailed information on the implementation of the strategy and five-year plan of action “Gender Issues in Private Employment” (2006–11) in the field of employment, including self-employment.

Article 3(d). Equality in the public service. With regard to equality for men and women in the public service, the Committee notes that, according to the data provided by the Government, women accounted for fewer than 20 per cent of the staff of the public service in January 2012, for all categories taken together. The Government indicates that the promotion of women in categories A and B can only be progressive, taking into account the measures already adopted by the Government to promote the education of girls in primary and secondary school. The Government affirms that the recruitment policy in the public service cannot depart from the principle of equality without distinction as to race, colour, religion, political opinion, national extraction or social origin. The Committee requests the Government to indicate the measures taken to guarantee that the public service recruitment policy ensures equality of opportunity and to provide information on any complaints procedure established so that persons who considers themselves discriminated against on one of the grounds prohibited by the legislation can assert their rights, and the manner in which it operates in practice. Furthermore, while noting the efforts made by the Government to improve the educational level of girls, the Committee requests it to provide information on the measures taken not only to promote the access of women to the public service, but also to ensure real equality between men and women during the course of employment, particularly in terms of working conditions and access to posts with career prospects and involving responsibility.

Article 3(e). Access to education and vocational training. The Committee notes from the statistical data provided by the Government that the school enrolment rate for girls has increased in recent years and that the proportion of girls in public technical education (primary and secondary education) was slightly higher in 2009–10 than in 2008–09, even though it remained around 25 per cent. Segregation between boys and girls in terms of apprenticeship, depending on the branch, remains very significant. The Committee notes that the Government has undertaken to exempt girls in part from the registration fees for scientific and industrial studies. The Committee also notes that the Government is continuing its efforts to promote education for girls, and that on the occasion of the International Day of the Girl, celebrated for the first time by Benin in 2012, attention was drawn in particular to the obstacles faced by girls simply because they are girls, and particularly the practice of early marriage. The Committee encourages the Government to continue raising the awareness of parents and of the population as a whole concerning the school enrolment and retention of girls and boys, and to strengthen its efforts to encourage equality between girls and boys in relation to vocational guidance and training. It requests the Government to continue providing information, including statistical data, on the measures adopted and the results achieved.

Article 5. Special measures of protection. For several years, the Committee has been inviting the Government to take the necessary measures, in collaboration with the social partners, in order to limit protective measures for women strictly to those aimed at protecting maternity, to revise the provisions of section 10(d), Part II, of the Decree of 1998 issuing special regulations for staff engaged in public work on behalf of the State, and sections 5 to 7 of Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2000 concerning the occupations and activities prohibited for women. The Committee notes the Government’s indication that, while awaiting the examination of Order No. 132 of 2000 by the National Occupational Safety and Health Commission, measures will be taken to draw a distinction between types of work that are hazardous for women and the types of work prohibited for pregnant women. With regard to the 1998 Decree, which provides that because of “service constraints”, a certain percentage of posts for the recruitment of specialist workers shall be reserved for male candidates, the Government indicates that it has been agreed that an inter-ministerial commission will be established to revise this provision. The Committee wishes to recall that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. It also recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). It recalls further that the exception provided in Article 1(2) of the Convention must be justified by the conditions required for a specific job and interpreted restrictively to avoid unduly limiting the protection against discrimination provided for in the Convention. The Committee trusts that the Government will soon be in a position to take the necessary measures to amend sections 5 and 7 of Ministerial Order No. 132 and section 10(d), Part II, of the Decree of 1998 in light of the above considerations and of the principle of equality of opportunity and treatment for men and women, and it requests it to provide information on the measures adopted in this respect.

Enforcement. The Committee notes the Government’s indication that the information requested previously will be provided as soon as possible. With regard to the enforcement of labour legislation in relation to equality and non-discrimination, the Committee encourages the Government to ensure that the labour inspection services and the courts are able to discharge their functions and trusts that the Government will soon be in a position to provide information on any cases of discrimination reported by labour inspectors during inspections and on any complaints, as well as any court decisions handed down on this subject.