Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

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.