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. 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.