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Articles 2 to 7 of the Convention. Human trafficking. With respect to its previous comments regarding measures to combat trafficking in human beings, in particular women, the Committee notes the information in the Government’s report on the application of the Cooperation Agreement of 9 June 2005 between Benin and Nigeria on the prevention, repression and suppression of human trafficking in children, and on the difficulties encountered to combat trafficking in women. While noting the Government’s commitment to resolve the situation, the Committee once again refers to Articles 2 to 7 of the Convention, pursuant to which measures aimed at combating migration in abusive conditions, including trafficking, should also include establishing systematic contact and exchange with other States, consultations with employers’ and workers’ organizations, prosecuting authors of human trafficking; and defining and applying effective administrative, civil and penal sanctions. The Committee hopes that the next Government’s report will contain additional information on the measures taken to give effect to Articles 2 to 7 of the Convention with a view to addressing irregular migration and human trafficking.
Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the Government’s statement that the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC) will be an opportunity to initiate measures to eliminate discrimination in employment and occupation between nationals and migrant workers, and that the Government is envisaging ILO technical assistance with a view to formulating a national policy on equality of opportunity and treatment. The Committee requests the Government to provide information on any measures taken, including in the context of PAMODEC, to declare and pursue a national policy on equality of opportunity and treatment that includes migrant workers, taking into account the measures set out in Article 12 of the Convention.
Article 14(b). Recognition of occupational qualifications. The Committee requests the Government to provide the information referred to in its report on the number and type of diplomas obtained abroad recognized by the National Commission for the Equivalence of Diplomas, which was not received.
Article 14(c). Restrictions with respect to functions necessary in the interest of the State. The Committee recalls the very broad and general restriction on the access of foreigners in state employment (section 12 of Act No. 86-013 of 26 February 1986 concerning the general statute of permanent agents of the State). Noting the Government’s statement that it will examine the concerns that it has raised, the Committee requests the Government to provide information on the progress made in examining its legislation in light of the criteria mentioned in Article 14(c) of the Convention.
Article 14(a) of the Convention. Restrictions on employment and geographical mobility. The Committee recalls its previous observation in which it urged the Government to adopt without delay measures to repeal Decree No. 77-45 of 4 March 1977, issuing regulations respecting the movement of foreigners and requiring special authorization for foreigners to leave their town of residence. While noting the Government’s statement that Decree No. 77-45 of 4 March 1977 is obsolete, the Committee remains concerned that the failure to repeal Decree No. 77-45 gives rise to ambiguity in terms of the legal provisions to apply the Convention, and raises particular difficulties in the application of Article 14(a) of the Convention under which migrant workers lawfully in the country should enjoy geographical mobility in the same conditions as nationals. The Committee therefore once again urges the Government to adopt without delay the necessary measures to repeal Decree No. 77-45 of 4 March 1977 and to communicate the relevant text to the Office.
The Committee is raising other points in a request addressed directly to the Government.
Articles 2 to 7 of the Convention. Human trafficking. The Committee notes the adoption of Act No. 2006-04 of 5 April 2006 concerning conditions for the movement of minors and suppression of the trafficking of children in Benin, as well as the multilateral agreement concerning the fight against child trafficking in West Africa, of 27 July 2005. It also notes the Cooperation Agreement of 9 June 2005 between Benin and Nigeria on the prevention, repression and suppression of human trafficking, in particular women and children. The Agreement contains measures to detect, prosecute and punish authors of human trafficking and measures to identify and protect victims of trafficking and ensure their repatriation, rehabilitation and reinsertion in society and the labour market. While welcoming these measures taken by the Government, the Committee also notes the concern expressed by the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) in 2005 at the lack of measures for preventing and combating the trafficking of women (A/60/38, July 2005). Furthermore, according to the report published in September 2006 by the United Nations Office on Drugs and Crime entitled “Measures to combat trafficking in human beings in Benin, Nigeria and Togo”, trafficking in Benin affects women from Niger, Nigeria and Togo, who are forced to engage in prostitution; women from Benin are also victims of trafficking in Belgium, France and Germany, mainly for the purpose of sexual exploitation. The Committee asks the Government to provide detailed information on:
(a) the implementation of the Cooperation Agreement with Nigeria of 2005, and the results achieved;
(b) other measures taken or envisaged to prevent and combat trafficking in human beings, in particular of women, recalling that pursuant to Articles 2 to 7 of the Convention, such measures should include establishing systematic contact and exchange with other States, to consult employers’ and workers’ organizations, to prosecute authors of human trafficking; and to define and apply effective administrative, civil and penal sanctions. With respect to child trafficking, the Committee refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).
Articles 10 and 12. Equality of opportunity and treatment. The Committee recalls the non-discrimination provisions (sections 4 and 5) of the Labour Code, 1998, with respect to recruitment and other labour conditions, including vocational training, career development, promotion, remuneration, provision of social benefits, or breach of the employment contract. The Committee further understands that the objectives of the second phase of the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC) include promoting equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation. The Committee encourages the Government to take the opportunity of the PAMODEC programme to declare and pursue a national policy on equality of opportunity and treatment that includes migrant workers, taking into account the measures contained in Article 12 of the Convention.
Article 14(b). Recognition of occupational qualifications. The Committee notes with interest Decree No. 2005-510 of 18 August 2005 creating the National Commission for the Equivalence of Diplomas. The Commission studies and approves the requests for recognition of vocational and academic diplomas acquired abroad which have been transmitted by the Minister of Higher Education. The Committee requests the Government to provide information on the number and type of diplomas obtained abroad recognized by the National Commission.
Article 14(c). Restrictions with respect to functions necessary in the interest of the State. The Committee recalls that section 12 of Act No. 86-013 of 26 February 1986 concerning the General Statute of Permanent Agents of the State provides that only Benin nationals can be nominated in state employment. The Committee points out that the “state employment” covers a wide range of activities and that Article 14(c) only permits restrictions on the access of foreigners provided that: (i) the exceptions relate to “limited categories of employment” or functions; and (ii) that they are necessary “in the interest of the State”. Considering the very broad and general restriction to access of employment of foreigners in state employment, the Committee asks the Government to re-examine its legislation in light of the criteria mentioned in Article 14(c) of the Convention, and to provide information on the progress achieved in this respect.
Article 14(a) of the Convention. Restrictions on employment and geographical mobility. For a number of years the Committee has been requesting the Government to communicate to the Office the text repealing Decree No. 77-45 of 4 March 1977 issuing regulations respecting the movement of foreigners and requiring special authorization for foreigners to leave their town of residence. The Committee notes the Government’s statement that the Minister of Labour and the Minister of Interior and Public Security are currently discussing the repeal of this Decree. The Committee recalls once again that Article 14(a), while permitting during a preliminary phase certain restrictions on the free choice of employment of foreigners, these may not restrict the right to geographical mobility of migrant workers lawfully in the territory, which they must enjoy from the beginning of their stay in the same conditions as nationals (see also General Survey of 1999 on migrant workers, paragraph 397). The Committee urges the Government to adopt without delay measures to repeal Decree No. 77-45 of 4 March 1977.
[The Government is asked to reply in detail to the present comments in 2010.]
1. The Committee notes the information provided by the Government in reply to its previous comments. It notes with interest the adoption of Act No. 98 004 of 27 January 1998, issuing the Labour Code, and certain subsequent progress with regard to equality of treatment between nationals and migrant workers, particularly in relation to trade union rights. Section 82 extends the conditions for eligibility to administrative and executive office in a trade union, which were previously reserved for nationals of Benin or of any other country with which residence agreements had been concluded with reciprocity clauses respecting trade union rights. Henceforth, "the members responsible, in any capacity, for the direction or administration of a trade union shall be nationals of Benin or migrant workers regularly established on the national territory and enjoying all their civic rights". The Committee requests the Government to provide information in its next report on the application in practice of the new legislation in the fields relating to the application of the Convention.
2. However, the Committee notes with regret that the Government, despite several requests, has still not provided information on the repeal of Decree No. 77 45 of 4 March 1977 issuing regulations respecting the movement of foreigners and requiring special authorization for foreign workers to leave their town of residence. It once again hopes that the Government will soon provide information on the measures adopted in this respect.
3. The Committee also notes that the Government has still not taken measures to re examine its legislation in the light of the criteria set out in Article 14(c) of the Convention. The Committee recalls that this Article makes it possible to restrict access to limited categories of employment or functions where this is necessary in the interests of the State. The Committee trusts that the Government will soon report on the progress achieved in this respect.
4. The Committee notes that the measures taken to make regulations concerning the conditions for the recognition of occupational qualifications acquired abroad have resulted in the establishment of a national commission for the equivalence of diplomas, under the authority of the Minister of National Education and Scientific Research. It requests the Government to report on the work of the above commission and the progress achieved in this respect, in accordance with the provisions of Article 14(b).
5. The Committee notes the information provided by the Government concerning the measures to combat the trafficking of children for the purposes of employment. It requests the Government to keep it informed of agreements concluded with the countries of destination of these children and to provide it with copies of the above agreements. Furthermore, the Committee once again requests the Government to provide copies of any other international agreement in force for Benin related to the matters covered by the Convention.
The Committee takes note of the information supplied by the Government in reply to its previous comments.
1. The Committee notes with regret that the Government has not yet supplied the text repealing Decree No. 77-45 of 4 March 1977 regulating the movements of foreigners, under which foreign workers need special permission to leave their town of residence. It hopes that the Government will supply the above text in the near future.
2. The Committee notes with regret that the draft reform of the Labour Code, the preparation of which was completed in January 1991 with the technical assistance of the Office, has still not been adopted. It hopes that the above Code will be adopted without delay and that the Government will supply a copy of the text in the near future, including the new provisions concerning eligibility to administrative functions and trade union leadership, including the guarantee of equality of treatment in respect of the trade union rights of migrant workers, in accordance with Articles 10 and 12(d) of the Convention.
3. In its previous comments, the Committee referred to the Government's statement that foreigners may not engage in certain activities in the public sector, such as banking, insurance and the supplying for ships, etc. It also noted the Government's statement that in the current process of structural adjustment foreigners have access to all jobs, provided that they possess the necessary competence.
The Committee notes that the Government has still not taken or envisaged any measures involving a re-examination of the legislation in the light of practice and the criteria set out in Article 14(c) of the Convention, under which it is possible to restrict access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee recalls that the Office is available to provide technical assistance and trusts that the Government will shortly report the progress achieved in this respect.
4. The Committee takes note of the Protocol of 29 May 1979 of the Economic Community of West African States (ECOWAS) on the free movement of persons, the right of residence and settlement, and the mutual administrative assistance agreement on customs, trade and immigration, of 10 December 1984, between Benin, Ghana, Nigeria and Togo. It also notes Act No. 90-004 of 15 May 1990 governing the notification of workers, recruitment and the termination of contracts of employment, as well as Decree No. 91-1 of 4 January 1991 issued under the above Act. It once again requests the Government to supply copies of the following texts, and of any other international agreement that is in force for Benin relating to the matters covered by the Convention: (i) the agreement on personnel engaged under mutual technical assistance and on the exchange of workers between the Republic of Benin and the Republic of Guinea; and (ii) the agreement between the Republic of Benin and the Federal Republic of Nigeria concerning the exchange of workers.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
1. Further to the previous comments concerning Decree 77-45 of 4 March 1977 regulating the movements of foreigners, according to which foreign workers needed special permission to leave their town of residence, the Committee noted from the Government's report that the decision to repeal that Decree was taken by the Council of Ministers at its meeting of 25 May 1990.
The Committee asks the Government to supply the text repealing Decree No. 77-45 of 4 March 1977.
2. The Committee noted previously that, under section 9 of the Labour Code, the members of a trade union responsible for its administration or leadership must be of Beninese nationality. The Committee notes that a draft Labour Code is in preparation; it hopes that the provisions concerning the eligibility of members of a trade union to its administration or leadership will be amended so as to guarantee to migrant workers equality of treatment in respect of trade union rights in accordance with the provisions of Articles 10 and 12(d) of the Convention.
The Committee asks the Government to supply the text of the Labour Code when it has been adopted.
3. The Committee has referred in its previous reports to a statement by the Government that foreigners may not engage in certain activities in the public sector such as banks, insurance, ship provisioning, etc. It has noted the Government's statement that, in the current process of structural adjustment, foreigners have access to all jobs when they possess the necessary competence.
The Committee again expresses the hope that the Government will re-examine the law in the light of practice and of the criteria mentioned in Article 14(c) of the Convention, which permits the restriction of access to limited categories of employment or functions where this is necessary in the interests of the State. It asks the Government to supply information on the measures taken or contemplated in that connection.
4. The Committee asks the Government to communicate the following texts and the text of any other international agreement in force for Benin relating to the questions dealt with by the Convention:
- Act No. 83-002 of 17 May 1983 regulating the recruitment of workers;
- Agreement on personnel engaged under mutual technical assistance programmes and on the exchange of workers between the Republic of Benin and the Republic of Guinea;
- Agreement between the Republic of Benin and the Federal Republic of Nigeria concerning the exchange of workers;
- Protocol to the Agreement on the free movement of persons dated 29 May 1975;
- Four-party agreement between Benin, Nigeria, Ghana and Togo on the measures to be adopted concerning repatriation, deportation, the safety and property of foreigners, and security.
The Committee notes the Government's report.
1. Further to the previous comments concerning Decree 77-45 of 4 March 1977 regulating the movements of foreigners, according to which foreign workers needed special permission to leave their town of residence, the Committee notes from the Government's report that the decision to repeal that Decree was taken by the Council of Ministers at its meeting of 25 May 1990.
Further to its previous comments, the Committee notes the statistical information supplied by the Govenment in its last report in relation to point V of the report form. It notes, however, that the report contains no reply to several other points raised in its previous direct request, which read as follows:
Articles 10 and 12(d) of the Convention. The Committee notes that, with the liberalisation and privatisation of the economy currently under way, section 9 of the Labour Code, providing that the members of a trade union responsible for its administration or leadership must be nationals of Benin or of another State with which it has concluded a reciprocity agreement on trade union matters, has become obsolete. It also notes that a new Labour Code is being prepared. The Committee hopes that the next report will indicate the measures which have been taken or which are contemplated to expressly amend section 9 of the Labour Code in order to bring it into conformity with the present practice and with Articles 10 and 12(d) of the Convention.
Articles 10, 12(d) and 14(a). The Committee notes that Decree No. 77-45 of 4 March 1977, regulating the movements of foreigners, has fallen into disuse and that foreign workers no longer require authorisation before leaving the area in which they reside. It hopes that the next report will indicate the measures which have been taken or are contemplated to expressly repeal this decree.
Article 14(c). The Committee notes that, in the context of the present structural adjustment, all foreigners have access to any employment provided that they have the necessary knowledge or skills. The Committee hopes that this practice will be reflected explicitly in the national legislation and that the provisions of the Public Service Act, which reserve the right to become established officials to citizens of Benin, will be amended in conformity with Article 14(c) of the Convention which allows restriction of access to limited categories of employment or functions only where this is necessary in the interests of the State. It hopes that the next report will indicate the measures taken or envisaged in this regard and that the Government will soon inform the Committee that the legislation has been amended.
In addition, the Committee again requests the Government to communicate with its next report the following texts as well as the text of any international agreement which may be in force for Benin concerning the questions dealt with in the Convention:
- Act No. 83-002 of 17 May 1983 regulating recruitment of workers;
- Agreement on personnel engaged under mutual technical assistance programmes and on the exchange of workers between the People's Republic of Benin and the Republic of Guinea;
- Agreement between the Government of the People's Republic of Benin and the Government of the Federal Republic of Nigeria concerning exchange of workers;
- Protocol to the Agreement on the free circulation of persons of 29 May 1975;
- General Convention of the OCAM;
With reference to its previous comments, the Committee notes from the information communicated by the Government concerning the application of Articles 1 and 10 of the Convention that the basic human rights of all migrant workers and equality of treatment are respected and guaranteed.
Point V of the report form. The Committee would be grateful if the Government would communicate with its next report the information requested under point V of the report form, as well as any available statistics on the number, nationality and distribution by location and occupation of migrant workers in Benin.