CMNT_TITLE

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Benin (RATIFICATION: 1980)

Other comments on C143

Observation

Direct Request

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Articles 2–7 of the Convention. Migrations in abusive conditions. The Committee notes the adoption, in December 2018, of the Global Compact for Safe, Orderly and Regular Migration (also known as the Marrakech Compact), which is a road map – a non-binding cooperation framework on migration – that recognizes that no State can resolve these problems alone. The Global Compact recognizes the need for a holistic approach to optimize the global benefits of migration by addressing the risks posed to individuals and the challenges faced by communities in countries of origin, transit and destination. It also notes that the African Union has announced 2019 as the Year of Migrants and Internally Displaced Persons, and that it has established an African Observatory for Migration and Development – an institution of the African Union (with its headquarters in Morocco) mandated to collect and analyse data on migration in Africa. The Committee requests the Government to provide information on the measures taken at national level within the framework of these different initiatives, particularly those relating to the fight against migrations in abusive conditions.

Trafficking in persons. Referring to its previous comments on measures to combat trafficking in persons, the Committee notes the Government’s indication that no cases of unlawfully employed migrants have been detected by the labour inspection services. It also notes the Government’s references to measures taken essentially to combat child trafficking and indication that some measures to combat trafficking in women have been adopted in the framework of the national policy and action plan on the promotion of women. The Government also refers to an annual awareness-raising campaign and training for magistrates, police officers and labour inspectors. In this respect, the Committee also refers to its 2018 direct request on the application of the Forced Labour Convention, 1930 (No. 29), in which a certain number of measures to combat trafficking in persons are noted, such as establishing an ad hoc interministerial committee; preparing a draft law to combat trafficking in adults; strengthening the capacities of the different actors involved and the control measures at borders and airports; and providing care for victims. The Committee requests the Government to intensify its efforts to combat trafficking and adopt more specifically targeted measures to: (i) determine whether there are unlawfully employed migrants in the country and migrations for the purposes of employment in abusive conditions; (ii) put an end to illicit migrations and unlawful employment of migrants, and punish those who organize the illicit or clandestine movement of migrants for employment purposes; (iii) establish contacts and systematic information exchange among States in the region; (iv) prosecute and punish those responsible for labour trafficking; and (v) consult the representative employers’ and workers’ organizations on legislation and other measures aimed at combating migrations for the purposes of employment in abusive conditions, including trafficking in persons. The Committee also requests the Government to take measures to ensure that the draft law to combat trafficking in adults is adopted in the near future and to provide information on the content of this text.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes that, in its report, the Government has still not developed or pursued a national policy on equality of opportunity and treatment for migrant workers. The Committee recalls that under Article 10, the State undertakes to declare and pursue a national policy designed to promote and to guarantee, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within its territory. In this respect, it also recalls that Article 12 provides that, if this national policy relating to equality of opportunity and treatment can be progressively implemented and adapted to national conditions, the authorities must take affirmative action measures to achieve this objective of equality of opportunity and treatment. The Committee once again requests the Government to provide information on all measures taken, in accordance with Article 10, to declare and pursue in collaboration with workers’ and employers’ organizations, a national policy on equality of opportunity and treatment explicitly including equality of opportunity and treatment between migrant workers and nationals, including the elements indicated in Article 12 of the Convention.

Article 14(c). Restrictions with regard to certain functions necessary in the interests of the State. In its previous comments, the Committee requested the Government to examine the reasons for which the restriction on access to state employment was applicable to all state jobs, and not to “limited categories of employment or functions”, and the extent to which such a general restriction was necessary “in the interests of the State”. The Committee notes that, like the former Public Service Regulations of 1986, Act No. 2015-18 of 2 April 2015 issuing the General Public Service Regulations grants access to the public service exclusively for Beninese nationals (section 11 et seq.). It also notes that the Government specifies that this provision gives priority to Beninese nationals in the access of employment. In this regard, the Committee 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 interest of the State (2016 General Survey, Promoting Fair Migration, paragraph 370). The Convention therefore covers the situations where protection in the interest of the State justifies reserving certain jobs or functions, owing to their nature, for the nationals of the given State. In addition, the Committee notes that the notion of “public service” could cover a wide range of activities which can also vary considerably among countries (the same applies to public enterprises) and that, in these conditions, it could be helpful for governments to periodically examine their legislation and practice in the light of the criteria set out under Article 14(c). Consequently, the Committee once again requests the Government to examine the reasons for which the restriction on access to state employment is applicable to all state jobs, and not to “limited categories of employment or functions”, or those related to national sovereignty, and to specify the extent to which such a general restriction is necessary “in the interest of the State”. The Government is requested to provide information on the outcome of this examination.