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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1)(b) of the Convention. Additional grounds of discrimination. Disability. With regard to the effective implementation of Act No. 2017-06 providing for protection and promotion of the rights of persons with disabilities, the Government indicates that: (1) persons with disabilities are now authorized to compile and submit their files for public service competitions on the same footing as persons without disabilities; and (2) the draft implementing regulations for the Act have been initiated and are in the process of being adopted. The Committee requests the Government to continue providing information on: (i) the measures taken to implement Act No. 2017-06 and promote the employment of persons with disabilities on an equal footing with other workers in practice, including incentives and the provisions adopted to implement them; (ii) the measures taken to raise awareness of the Act of 2017 among workers, employers and their respective organizations, as well as administrations, labour inspectors and magistrates; and (iii) any complaints concerning the application of the above Act and, if applicable, any other judicial or administrative decisions issued.

Real or perceived HIV status. The Committee notes the detailed information provided by the Government on the numerous health initiatives to combat HIV/AIDS, tuberculosis, malaria, sexually transmitted diseases, and epidemics, including in the workplace. It also notes that no cases of discrimination on the basis of HIV status have been referred to labour inspectors. In this regard, the Committee recalls that the absence of complaints to the labour inspectorate does not necessarily mean that discrimination does not exist; rather, the absence or low number of discrimination cases or complaints may be due to the lack of an appropriate legal framework, the lack of awareness of rights, lack of confidence in available means of redress, as well as problems of access to them or the fact that they do not exist, or fear of reprisals. The Committee once again requests the Government to provide detailed information on: (i) the measures taken within the framework of HIV/AIDS plans or policies to prevent and combat all forms of discrimination on the grounds of real or perceived HIV status in employment and occupation, including at the recruitment stage; and (ii) measures taken to make both victims and perpetrators of this type of discrimination more aware of the provisions of national legislation relating in particular to available forms of redress and applicable penalties. Lastly, the Committee hopes that the draft Labour Code will contain provisions explicitly prohibiting all discrimination on the basis of real or perceived HIV status and requests the Government to continue providing information on any cases of discrimination on the grounds of HIV status brought to the attention of labour inspectors.

Article 2. National equality policy. The Committee notes the Government’s indications that in 2021 it formulated a “National strategy on equal opportunities” aimed at eliminating all discrimination in employment and occupation by the end of 2023 on the basis of an analysis which identified, inter alia, the following priority actions: improving the legal and institutional framework for protection against discrimination in employment and occupation; developing a mechanism for information, awareness-raising and social mobilization on the principle of equality of opportunity at work and improving access to education and training for girls and persons with disabilities. The Committee requests the Government to send a copy of the “National strategy on equal opportunities” and indicate the measures taken, and their results, to implement this strategy, in collaboration with employers’ and workers’ organizations, in order to eliminate all discrimination based on sex, race, colour, religion, political opinion, national extraction or social origin or any other prohibited ground of discrimination.

Article 3(e). Equal access to education and vocational training. The Committee notes the measures taken by the Government to improve access to and continued attendance at school for girls, such as extending free schooling for girls until classe de troisième (first year of senior high school), establishing technical and vocational training schools in all departments and vocational training universities open to both sexes, and taking action against harassment at school. The Government also indicates that girls are to be found in branches of vocational training previously occupied exclusively by men. In view of the importance of vocational guidance and training for combating occupational segregation and promoting gender equality, the Committee refers to its observation on this point and requests the Government to continue providing information on specific measures taken to: (i) improve, especially in rural areas, access to and continued attendance in general and vocational education for girls and women to enable them to gain access to a wider range of jobs, particularly in sectors traditionally reserved for men and often better paid; and (ii) combat gender stereotypes and other forms of sexist prejudice which girls and women face in the areas of education and vocational guidance. The Committee also requests the Government to provide statistics disaggregated by sex showing the number of pupils in branches of vocational training.

Article 5. Special protection measures. The Committee notes with interest that Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 7 November 2000 concerning occupations and activities prohibited for women has been repealed by Ministerial Order No. 2021-096/MPMEPE/MTFP/MS/DC/SGM/DGT/DSSMST/DPEE /SA/012SGG21 establishing the types of work and categories of enterprise prohibited for pregnant and breastfeeding women and for young persons and the age limit to which the prohibition applies.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes the Government’s indication in its report that the Supreme Court has examined the preliminary draft Labour Code and made observations which have been examined by the Government. The Government also indicates that: (1) a re-examination of the whole Labour Code is planned; and (2) the draft Labour Code which is being updated takes account of social origin as a ground of discrimination. In view of the foregoing, the Committee asks the Government to take the opportunity provided by the re-examination of the draft Labour Code to ensure that all forms of direct and indirect discrimination based, as a minimum, on all the grounds listed in Article 1(1)(a) of the Convention (including colour, national extraction and social origin) are included in the Labour Code. The Committee requests the Government to provide information on the status of the Labour Code reform and to send a copy of the text of the new Code once it has been adopted.

Article 1(1)(a). Discrimination on the basis of sex. Sexual harassment. The Committee notes that, like the previous definition, the new definition of sexual harassment contained in new section 548 of Act No. 2018-16 issuing the Penal Code, as amended and completed by Act No. 2021-11 of 20 December 2021 issuing special provisions for the punishment of gender-related offences and for the protection of women, still only covers one form of sexual harassment (quid pro quo sexual harassment). In this regard, the Committee notes the Government’s indications that: (1) even though this new definition does not specifically refer to harassment arising from a work environment which is hostile, intimidating, degrading or offensive, it should be pointed out that new section 549 (which provides that any form of sexual harassment constitutes an offence) criminalizes all forms of harassment without exception; and (2) data on sexual harassment cases which have been prosecuted in the courts have been requested from the Ministry of Justice and Legislation but have not yet been supplied. In view of the foregoing, the Committee regrets the fact that the Government has not taken the opportunity provided by the adoption of Act No. 2021-11 to include harassment arising from a work environment which is hostile, intimidating, degrading, offensive or humiliating in the definition of sexual harassment. Furthermore, the Committee welcomes the protective clauses introduced by Act No. 2021-11, amending Act No. 2017-05 of 29 August 2017 establishing the conditions and procedure for recruitment, job placement and contract termination, adding a new subparagraph to section 27, under which any resignation or agreement of the parties resulting from sexual harassment shall be deemed to be a dismissal, and to section 30, under which any dismissal following sexual harassment shall always be deemed to be wrongful when these offences are established by the competent criminal court. The Committee once again requests the Government to: (i) take the necessary measures to amend the definition of sexual harassmentcontained in new section 548 of Act No. 2018-16 issuing the Penal Code, as amended in 2021; and (ii) clarify how the provisions of the Penal Code, in particular the above-mentioned section, align with those of Act No. 2006-19 of 2006 on punishing sexual harassment and protecting victims (in particular section 1, which defines sexual harassment). The Committee requests the Government to provide information on the application of section 27(6) and 30(2) of Act No. 2017-05 in practice (cases of resignation, dismissal or other forms of contract termination resulting from sexual harassment). In order to protect workers effectively, the Committee once again asks the Government to: (i) include in the Labour Code a clear definition and explicit prohibition of sexual harassment in all its forms (quid pro quo and hostile work environment harassment); and (ii) adopt specific provisions for effective mechanisms to prevent, sanction and remedy sexual harassment in employment and occupation. The Committee once again requests the Government to continue providing information on: (i) the measures taken to raise awareness among workers and employers about sexual harassment; and (ii) any cases of sexual harassment dealt with by labour inspectors or magistrates.

Article 2. Measures to promote equality between men and women. Private sector. In its previous comments, the Committee asked the Government, which had indicated that the issue of gender parity was one of its priorities, 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, and to take measures to combat horizontal and vertical segregation in the labour market, whereby women are confined to certain sectors or occupations, which are often poorly paid, or to subordinate posts. Noting that the Government merely states that it takes note of the recommendation, the Committee once again requests the Government to take the necessary steps to promote gender equality in the private sector and to provide information on the measures adopted to this end. It once again requests the Government to provide information on the study on equal opportunities which had been envisaged in order to draw up an action plan in this regard.

Public service. The Committee notes the Government’s indications that recruitment in the public service takes place according to equitable and impartial procedures, in accordance with the General Public Service Regulations, and recruitment competitions do not exclude any male or female candidate. It also notes the data disaggregated by sex which indicate that only 22 per cent of ministers and 13 per cent of heads of cabinet are women. The Committee regrets the fact that the Government has not provided data on public service staff disaggregated by sex other than those relating to these high-level posts. The Committee invites the Government to examine the composition of the public service workforce in the light of the principle of gender equality in order to determine the actions to be taken to achieve genuine equality between men and women and ensure better representation of women at all levels of the public service, including through training. The Committee also requests the Government to provide available statistics, disaggregated by sex, on the staff of the public service at all levels of responsibility.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) and (3) of the Convention. Prohibited grounds of discrimination and scope of application. Legislation. The Committee notes the Government’s indication in its report that the Supreme Court is examining proposals to repeal the draft Labour Code in order to update it, following the adoption of Act No. 2017-05 of 29 August 2017, setting out the conditions and procedure for recruitment, placement and termination of an employment contract. It also notes that this revision will provide an opportunity to consider the Committee’s observations regarding the preliminary draft Labour Code. The Committee further notes the Government’s indication that recruitment (access to employment) is covered by the term “employment”, which is mentioned in the draft Labour Code. The Committee recalls that it drew the Government’s attention to the fact that social origin no longer seems to be one of the prohibited grounds of discrimination, although this ground is included in the Labour Code currently in force and in the Convention. The Committee once again recalls that when legal provisions are adopted to give effect to the principle of the Convention, they must include, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore expresses its firm hope that the Government will take the opportunity provided by the revision of the draft Labour Code to ensure that all forms of direct and indirect discrimination based, as a minimum, on all the grounds listed in the Convention, including colour, national extraction and social origin, and any other grounds it deems should be prohibited, are expressly prohibited in the new Labour Code. The Government is requested to provide information on the status of the Labour Code reform, including the content of the new draft.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes with interest the adoption, on 13 April 2017, of Act No. 2017-06 providing for protection and promotion of the rights of persons with disabilities, which contains provisions on, notably, education, training and employment of persons with disabilities. It notes in particular that the Act provides that “all discrimination and systematic rejection of applicants based on disability shall be prohibited” and that “persons with disabilities shall have the right to employment … based on the principle of equality” (section 37). The Committee also notes that the Act provides for the promotion of employment on the labour market of persons with disabilities (section 39), particularly through the adoption and implementation of policies and programmes setting out incentives to encourage the employment of these persons in the private sector (section 40), and the provision of assistance for entrepreneurship for these persons (section 43). The Act also provides that civil servants or employees who “acquire a disability” must be kept in their initial job or transferred to another post that is compatible with their new situation (section 42). The Committee notes that legal penalties are provided for in the case of violation of these provisions, particularly when an application is rejected from a person with disabilities for a job (in the public or private sector) to which he or she is suited (section 70) or when a discriminatory job offer is published (section 71). Welcoming these legislative advances, the Committee requests the Government to take the necessary measures to implement Act No. 2017-06 and promote employment of persons with disabilities on an equal footing with other workers in practice, and to provide information on the provisions setting out incentives to this end. The Government is also requested to take specific measures to raise awareness of the provisions among workers, employers and their respective organizations, as well as administrations, labour inspectors and magistrates. The Committee requests the Government to provide information on the measures adopted in this regard and on any other complaints concerning the application of the above Act and, where possible, any other judicial and administrative decisions.

Article 2. National equality policy. The Committee recalls that the Government has still not adopted a national equality policy covering all workers and all the grounds of discrimination set out in the Convention. It also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (see 2012 General Survey, paragraph 848). In this regard, the Committee notes the Government’s indication in its report that no progress has been made on this matter. The Committee requests the Government to take the necessary measures to formulate, in collaboration with employers’ and workers’ organizations, and adopt a national equality policy applicable to all workers aimed at eliminating discrimination in employment and occupation on all the grounds covered by the Convention. The Committee requests the Government to communicate the information on the content of this policy and its implementation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, in response to its previous comments on the absence of provisions prohibiting sexual harassment as a result of intimidating, hostile or humiliating working environments in Act No. 2006-19 of 5 September 2006 on the suppression of sexual harassment, and the draft Penal Code, the Government indicates in its report that the legislation is still being revised. The Committee notes, however, that Act No. 2011-26 of 9 January 2012 on the prevention and punishment of violence against women provides that the head of the enterprise must take all necessary measures to prevent, remedy or sanction not only quid pro quo sexual harassment, but also that which results from a hostile working environment, by raising the awareness of women employees and establishing investigative procedures or preventive measures (section 23). It also notes that in its concluding observations, the United Nations Human Rights Committee expressed concern about the persistence of violence against women, including sexual harassment (CCPR/C/BEN/CO/2, 23 November 2015, paragraph 16). Furthermore, it notes the Government’s indication that the few complaints made to labour inspectors were not successful due to the difficulties of providing sufficient proof. The Committee once again requests 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 in order to expressly prohibit hostile work environment sexual harassment, and invites it to examine the possibility of changing the system of proof for harassment to allow victims to assert their rights effectively. The Committee also requests the Government to provide information on all progress made in this regard and on the measures taken to raise awareness among workers and employers about sexual harassment and the types of redress available.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes that section 6 of the draft new Labour Code no longer expressly prohibits discrimination based on age, family relations or origin, although these grounds are included in the Labour Code of 1998 (sections 4 and 5), which is currently in force. The Committee requests the Government, in consultation with workers’ and employers’ organizations, to examine the possibility of reintroducing into the new draft Labour Code the grounds of discrimination which are currently expressly prohibited in order to avoid the risk of diminishing the protection of workers against discrimination.

Real or perceived HIV status. The Committee welcomes the inclusion in section 6 of the draft new Labour Code of 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 notes with interest that, in the context of the implementation of Act No. 2005-31 of 10 April 2006 on the prevention, care and control of HIV/AIDS, the Government states that it has provided training for 31 legal professionals, 41 labour administrators and inspectors and staff members of the National HIV/AIDS Control Commission, 30 occupational risk prevention technicians at the National Social Security Fund, 153 heads of enterprises and 28 trade union leaders. In addition, 169 workplaces have adopted an HIV/AIDS policy, covering a total of 9,624 men and women workers. The Government adds that the workshop to review Act No. 2005-31 recommended, in the light of the HIV and AIDS Recommendation, 2010 (No. 200), the adoption of a new national policy on HIV/AIDS in the world of work. The Committee requests the Government to provide information on any developments in national policies or programmes on HIV/AIDS, as well as on the measures taken to raise the awareness of victims of discrimination based on real or supposed HIV status concerning the provisions of the national legislation and the available means of redress.

Article 2. Measures to promote equality between men and women. With reference to its previous comments, the Committee notes the Government’s indication that the actions set out in the strategy and five-year action plan “Gender issues in private employment” (2006–11) in the field of employment, including self-employment, could not be implemented due to a lack of funding. The Committee also notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed serious concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, which perpetuate discrimination against women (CEDAW/C/BEN/CO/4, 28 October 2013, paragraph 16). Recalling the importance of awareness raising in promoting real equality between men and women, the Committee requests the Government to indicate whether it has been possible to take measures, in collaboration with employers’ and workers’ organizations, to combat 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 asks the Government to provide information on the activities carried out by the various existing structures at the national and local levels to promote equality between men and women in employment and occupation.

Equality between men and women in the public service. The Committee notes the Government’s indication that the same opportunities for access to the public service are open to women and men and that a national policy document and an action plan on public service recruitment are currently being drafted. The Committee further notes that, in their concluding observations, the United Nations Human Rights Committee and CEDAW nevertheless express concern about the low representation of women in the public service and the judiciary, especially in positions of responsibility (CCPR/C/BEN/CO/2, 23 November 2015, paragraph 10, and CEDAW/C/BEN/CO/4, 28 October 2013, paragraphs 22 and 29). The Committee trusts that the Government will take the necessary measures in relation to posts under its direct responsibility, 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, particularly for positions of responsibility, and requests it to provide statistics, disaggregated by sex, on employment in the public service by level of responsibility.

Article 3(e). Access to education and vocational training. The Committee notes the Government’s indication that it has pursued its efforts in relation to the education and vocational training of girls and boys. It welcomes the adoption of Act No. 2015-08 of 8 December 2015 issuing the Children’s Code, which guarantees the principle of non-discrimination and free pre-school and primary education, and prohibits sexual harassment at school and early or forced marriages and pregnancies, and establishes the applicable penal sanctions. However, the Committee notes that several United Nations bodies have expressed concern in their concluding observations about the absence of effective implementation of the relevant national legislation, the high rate of school dropout and the low percentage of girls going on to secondary education, especially in rural areas, particularly because of gender stereotypes and the large numbers of teenage pregnancies and early or forced marriages. It notes that CEDAW recommends the Government to take measures to remedy occupational segregation and step up technical and vocational training activities for women in sectors traditionally reserved for men (CRC/C/BEN/CO/3-5, 25 February 2016, paragraphs 44, 56 and 60; CCPR/C/BEN/CO/2, 23 November 2015, paragraph 34; A/HRC/25/48/Add.3, 5 March 2014, paragraphs 11, 28 and 93; and CEDAW/C/BEN/CO/4, 28 October 2013, paragraphs 16, 26 and 29). The Committee requests the Government to provide information on any measures taken to give effect to the principle of non-discrimination set out in the Children’s Code, and on the measures taken to improve the 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 combat the obstacles, such as stereotypes, prejudices and practices, that they face in relation to their education and vocational opportunities.

Article 5. Special protective measures. In the absence of a reply from the Government on this point that it has been raising for many years the Committee urges the Government to take the necessary measures, in collaboration with employers’ and workers’ organizations, to limit protective measures for women strictly to maternity protection, and to revise section 10(d) of Part II of the Decree of 1998, as well as sections 5 and 7 of Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2000 on the occupations and activities that are prohibited for women. It requests the Government to provide information on all specific measures taken in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) and (3) of the Convention. Grounds of discrimination and scope of application. Legislation. The Committee notes the Government’s indication in its report, in response to the previous comments concerning colour and national extraction, that section 6 of the draft new Labour Code, which is currently being examined by the Supreme Court, provides that “any discrimination in respect of employment and conditions of work, particularly on the basis of race, ethnicity, colour, sex, religion, political opinion, trade union membership or national extraction, shall be prohibited”. While welcoming this progress, the Committee draws the Government’s attention to the fact that social origin no longer seems to be one of the prohibited grounds of discrimination, in contrast to the provisions of section 5 of the Labour Code of 1998, which is currently in force. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention must include, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee requests the Government to take the necessary measures in the context of the planned reform of the Labour Code to ensure that all forms of direct and indirect discrimination based, as a minimum, on all the grounds listed in the Convention, including colour, national extraction and social origin, are expressly prohibited in the new Labour Code. It also requests the Government to confirm that recruitment (access to employment) is indeed covered by the term “employment”, mentioned in section 6 of the draft Labour Code.

Article 2. National equality policy. With reference to its previous comments, the Committee notes the Government’s indication that it plans to initiate a process to draw up a national equality policy and a national plan to combat discrimination, and requests the technical assistance of the Office to this end. Expressing the hope that the requested technical assistance will be provided by the Office in the near future, the Committee requests the Government to provide information on the progress made with the preparation, in collaboration with employers’ and workers’ organizations, and the adoption of a national equality policy and a national plan to combat discrimination, with a view to eliminating discrimination in employment and occupation. The Government is requested to provide a copy of these texts when they are adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Prohibited grounds for discrimination. Legislation. The Committee notes the Government’s indication 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 the explicit prohibition thereof are included in the amendments to be adopted to the Labour Code of 1998. Noting the Government’s commitment, the Committee asks it to take the necessary measures to ensure the protection of workers against direct or indirect discrimination on the basis of at least all the prohibited grounds enumerated in Article 1(1)(a) of the Convention. The Committee hopes that the Government will be in a position to announce progress in this regard in the near future and requests it to supply information on the specific measures taken.

Article 1. Discrimination on the basis of sex. Sexual harassment. In its previous comments the Committee noted that Act No. 2006-19 of 5 September 2006 concerning the elimination of sexual harassment did not contain any provisions on hostile environment sexual harassment. The Committee notes the Government’s indications that section 546 of the draft Penal Code of 2008 contains a more comprehensive definition of sexual harassment. Regarding the prevention and elimination of sexual harassment, the Government indicates that awareness-raising activities for employers are undertaken by the labour inspectors during inspections and conciliation meetings, and that penalties up to 1 million CFA francs and two years’ imprisonment can be imposed (section 548 of the Penal Code). The Committee requests the Government to supply a copy of the sections of the draft Penal Code of 2008 concerning sexual harassment, including section 546 thereof, and to provide information on the planned schedule for the examination and adoption of the draft Penal Code. The Committee also requests the Government to provide information on any cases of sexual harassment which have been reported to or detected by labour inspectors and any follow-up action taken, and also on any court decisions on this subject.

Article 2. National equality policy. The Committee recalls that the Government previously stated that the formulation of a national equality policy would form part of the plan of work of the Ministry of Labour and the Public Service for 2010. The Government indicates in its most recent report that the formulation of a national equality policy will form part of the plan of work of the Ministry of Labour and Public Service for 2012, and that the national plan to combat discrimination is being drawn up under the auspices of the ILO. The Committee recalls that the equality policy should not only promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice but also redress de facto inequalities suffered by certain categories of the population, and that it should cover all the prohibited grounds of discrimination that are listed in the Convention as well as all stages of employment and occupation, including as regards access to land, to credit and to various goods and services necessary for the exercise of a given occupation. Specific action must also be taken at national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (General Survey of 1996 on equality in employment and occupation, paragraph 279). In addition, the Committee again draws the Government’s attention to paragraphs 2–9 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), regarding the principles that the national equality policy should take into account. Observing that no progress has been made in this regard for a number of years, the Committee requests the Government to take the necessary measures, in collaboration with the workers’ and employers’ organizations, to ensure that a genuine national equality policy with the aim of eliminating discrimination in employment and occupation is formulated and implemented, and that the plan for combating discrimination is adopted and applied. The Government is requested to provide information on the measures taken in this regard and on the results achieved.

Article 3(a). Measures to promote the principle of equality between men and women. The Committee notes the Government’s indication that in 2011 the Department for the Promotion of Fundamental Rights at Work conducted awareness-raising activities among workers and employers in enterprises in Cotonou regarding the concept of equality of opportunity and treatment in employment and occupation. The Government also indicates that it intends to provide recent statistics on the implementation of these measures. The Committee requests the Government to continue to supply information on the measures taken to raise awareness among workers and employers and their organizations of equality between men and women. The Committee also requests the Government to provide information on the measures taken and the results achieved in the context of the five-year plan “Gender issues in private employment” (2006–11), including measures aimed at combating sexist stereotypes concerning the skills and abilities of women and the role of women and men in society, and also the measures aimed at promoting access for women to formal employment and better-paid jobs.

Article 3(d). Public service. The Committee notes that, according to the statistics supplied by the Government in 2008, women account for only 30 per cent of staff in the public service. The statistics also show that women are largely concentrated in category C and represent only 21 per cent of officials in category A. With particular reference to equality between men and women in the public service, the Committee requests the Government to take the necessary measures to promote the employment of women, particularly in the higher categories (A and B) and in posts with career prospects. The Government is also requested to provide information on the measures taken in this regard and the results achieved, and to continue to communicate statistics disaggregated by sex on employment in the public service according to grade and level of responsibility. The Committee also recalls that, with regard to jobs subject to the direct supervision of a national authority, the Government has the obligation to ensure equality of opportunity and treatment without any distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, and urges the Government to take the necessary measures to ensure that the national recruitment policy takes account of this obligation.

Article 3(e). Access to education and vocational training. The Committee notes the measures taken by the Government relating to free pre-school and primary education, and to raising parents’ awareness in order to promote school enrolment by girls and to encourage them to opt for training leading to trades traditionally selected by men. The Committee also notes the Government’s indications that statistics on school enrolment and access to vocational training for girls will be provided as soon as possible. While welcoming the Government’s efforts in this regard, the Committee hopes that the Government will be in a position to report on progress made with regard to equal access to education and vocational training for boys and girls, men and women and requests the Government to provide information on the results achieved.

Article 5. Special protective measures. The Committee recalls that it has been asking the Government for a number of years 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 also sections 5–7 of Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2000 concerning occupations and activities prohibited for women. The Committee notes that Ministerial Order No. 132 was not examined by the National Labour Council (CNT) in 2010, contrary to what was stated in the previous report, and that, according to the Government, this matter will be placed on the agenda of forthcoming sessions of the CNT. As regards the Decree of 1998, the Committee notes that the Ministry of Labour and the Public Service received the formal approval of the representatives of the Ministry of Public Works to proceed with the revision of the provisions concerned. In order to eliminate the obstacles to the employment of women and to strictly limit protective measures for women to those measures protecting maternity, the Committee requests the Government to take the necessary measures to revise sections 5 and 7 of Ministerial Order No. 132 and to provide information on the progress made on the revision of section 10(d), Part II, of the Decree of 1998.

Enforcement. The Committee notes the Government’s indication that training and awareness raising for labour inspectors and judges in matters relating to discrimination at the workplace and equality of opportunity and treatment in employment and occupation are ongoing. As regards the enforcement of the labour legislation with regard to equality issues, the Committee hopes that the labour inspectorate has adequate resources to discharge its duties, and it requests the Government once again to provide information on cases of discrimination reported by labour inspectors during inspections or brought to their attention, and also on any court decisions handed down on this matter.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Labour Code of 1998 prohibits employers from taking into account the sex, age, race, ethnic links, family relationships, social origin, membership or not of a trade union, trade union activity, the origin or opinions, particularly religious and political views, of a worker (sections 4 and 5). The Committee recalls that when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds set out in the Convention. The Committee requests the Government to take the necessary measures to include colour and national extraction in the list of prohibited grounds of discrimination. In the context of a possible review of the provisions of the Labour Code on non-discrimination, it also invites the Government to envisage reinforcing the protection of workers against discrimination through the inclusion of a definition of direct and indirect discrimination and its explicit prohibition.

Article 1. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee emphasized that Act No. 2006-19 of 5 September 2006 to repress sexual harassment did not contain provisions on hostile environment sexual harassment. The Committee notes the Government’s indication that provisions will be adopted with a view to the inclusion of this aspect in the Act. The Committee hopes that the Government will be in a position to report progress in this respect in the near future and requests it to provide information on the following points:

(i)    the measures taken to include in the law provisions on hostile environment sexual harassment;

(ii)   the provisions on sexual harassment contained in the draft Penal Code;

(iii)  the awareness-raising activities undertaken with employers to encourage them to take measures to prevent harassment under section 11 of the Labour Code; and

(iv)  the manner in which any cases of sexual harassment which come to the attention of the competent authorities are treated.

Article 2. National equality policy. The Committee notes the Government’s statement that the development of a national equality policy will be included in the workplan of the Ministry of Labour and the Public Service for 2010. The Committee wishes to draw the Government’s attention to the fact that the content of the national equality policy should be inspired by the principles of the Convention. It is important that this policy is not only intended to promote equality of opportunity and treatment through the elimination of all distinctions, exclusions or preferences in law and practice, but also to remedy de facto inequalities suffered by certain categories of the population, and that it covers all the grounds of discrimination enumerated, and all stages of employment and occupation, including access to land, credit and the goods and services necessary for carrying on the occupation in question (see the General Survey on equality in employment and occupation, 1988, paragraphs 162–165 and 90). The Committee also invites the Government to refer to Paragraphs 2–9 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), which provides indications on the principles that should be taken into account in the national equality policy. With reference to the comments that it has been making for several years in this respect, the Committee trusts that the Government will be able to refer in its next report to significant progress in relation to the formulation and implementation of a national equality policy, both with regard to formal and informal employment since, according to the study on inequalities between men and women (March 2007), informal employment is reported to represent 97.4 per cent of private employment in Benin. Furthermore, noting the 2009 study on discrimination in employment and occupation in Benin by the project to support the implementation of the ILO Declaration (PAMODEC) and, in particular, the proposed national plan to combat discrimination at the workplace, the Committee requests the Government to provide information on the effect given to the measures recommended in this context.

Article 3(a). Measures to promote the principle of equality between men and women. The Committee notes that the priority projects under the Five-Year Plan on Gender in Private Workplaces (2006–11) include awareness raising for the staff of the Ministry of Labour and the Public Service and the social partners in relation to the “gender approach”, and the dissemination of legal texts on equality in employment and occupation between men and women in relation to employers and workers in the formal and informal economies. The Committee requests the Government to provide information on the following points:

(i)    the concrete measures taken to raise awareness of the labour administration and workers’ and employers’ organizations concerning the principle of equality of opportunity and treatment for men and women and to combat sexist stereotypes in relation to the skills and capacities of women;

(ii)   the concrete measures taken to help employers and workers gain a better knowledge of their rights and obligations in this respect, pursuant to the applicable law; and

(iii)  details of the implementation of these measures, particularly with regard to informal employment.

Article 3(d). Public service. The Committee notes that public servants are excluded from the scope of the Labour Code and that the general conditions of service of permanent State officials do not contain provisions explicitly prohibiting direct and indirect discrimination on the grounds other than sex enumerated in the Convention. The Committee also notes, from the information provided by the Government in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that a national strategy respecting recruitment in the public service and a five-year plan of action will be included in the workplan of the Ministry of Labour and the Public Service for 2010. The Committee hopes that the recruitment strategy and the plan of action will provide a basis for ensuring effective protection against discrimination on the grounds of sex, race, colour, social origin, religion, political opinion and national extraction at all stages of employment and for promoting real equality of opportunity and treatment between all officials and applicants for positions in the public service. It requests the Government to provide information on the concrete measures adopted in this framework, the results achieved and any obstacles encountered. The Government is also requested to provide statistics disaggregated by sex on the staff of the public service, by grade and level of responsibility.

Article 3(e). Access to education and vocational training. The Committee notes that, according to the Government’s report, certain measures have been implemented that are contained in the Five-Year Strategy and Plan of Action on Gender in Private Workplaces in Benin, such as free pre-school and primary education, awareness-raising campaigns to promote school attendance by girls and to encourage them to opt for training leading to trades traditionally selected by men. However, it notes the finding by the study on inequalities between men and women referred to above that the educational level of girls and women remains fairly low and that in 2002 women accounted for only 20 per cent of employees in the private sector with higher education. Furthermore, according to the same publication, the proportion of women who received training through the Development Fund for Further Training and Apprenticeship was also very low in 2005 (7.6 per cent for the formal economy, and between 23 and 28 per cent for agriculture, apprenticeship and informal non-agricultural activities). Welcoming the measures adopted to promote equality of opportunity and treatment for women and girls, the Committee encourages the Government to pursue its efforts to promote the enrolment of young girls in schools at all levels. It requests it to provide information on the concrete measures adopted for the development of vocational training and guidance for women so as to enable them to gain access to a broader range of jobs and better paid employment. The Government is also requested to provide information, including statistical data, on the results achieved in terms of the enrolment in school and access to vocational training of young girls and women.

Article 5. Special protective measures. Further to its previous comments in which it invited the Government to take the necessary measures with the collaboration of the social partners to review the provisions of section 10(d), Part II, of the Decree of 1998 and sections 5–7 of Ministerial Decree No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2000 to limit protective measures concerning women strictly to those intended to protect maternity, the Committee notes the Government’s indication that Order No. 132 will be examined in 2010 by the National Labour Council and that measures will be taken in relation to the 1998 Decree. The Committee recalls the importance of ensuring that women are not subject to discrimination in access to certain occupations and of combating stereotyped conceptions of the skills of women and their role in society with a view to implementing the principle of equality of opportunity and treatment between men and women, in accordance with the Convention. The Committee therefore once again requests the Government to take the necessary measures in the near future to revise the above provisions and to ensure that protective measures concerning women are strictly limited to maternity protection. Please provide information on any measure adopted in this respect.

Enforcement. The Committee requests the Government to provide information on the measures adopted to raise awareness and train labour inspectors and judges in matters relating to discrimination at the workplace and equality of opportunity and treatment in employment and occupation, as well as on the cases identified by or reported to labour inspectors and on any court decisions handed down in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Gender-based discrimination on the basis of gender. Sexual harassment. The Committee notes the adoption of Act No. 2006‑19 of 5 September 2006 against sexual harassment. Section 1 of this Act defines sexual harassment as the action of issuing orders, making threats, exerting pressure or using any other means for the purposes of obtaining favours of a sexual nature from a person. Moreover, the Government indicates that the Penal Code including provisions on sexual harassment is in the process of being adopted by the National Assembly and that the Organization for the Harmonization of Business Law in Africa (OHADA) Labour Code, which also includes provisions on this subject, will be the subject of re-reading in November 2007. The Committee notes that section 1 of Act No. 2006-19 only prohibits quid pro quo sexual harassment and that the Act does not contain any provisions on sexual harassment which creates a hostile work environment. The Committee reminds the Government of its general observation of 2002, which pointed out that full protection against sexual harassment must include the prohibition of quid pro quo sexual harassment and of hostile environment sexual harassment. The Committee requests the Government to supply information on the application in practice of Act No. 2006-19 against sexual harassment. The Committee also requests the Government to supply information on the measures taken in law and in practice to prevent and prohibit sexual harassment which creates a hostile working environment. The Committee also requests the Government to keep it informed of the progress made with regard to the adoption of the Penal Code and the OHADA Labour Code and hopes that the new legislation will prohibit sexual harassment taking full account of the general observation of 2002 on this subject and requests the Government to provide information in this respect.

2. Article 2. National policy. The Committee notes the drawing up of a five-year action plan on gender issues in the workplace formulated with the assistance of various studies, including the one conducted in March 2007 on the current situation concerning gender inequalities in the workplace. The Government also states that studies are under way with a view to the formulation of a national policy on equality. Moreover, as regards the implementation of phase I of the PAMODEC programme, the Government points out that it has undertaken training and awareness-raising workshops for the public authorities, workers’ and employers’ organizations, NGOs and the general public, and that activities are continuing to promote rapid improvements in school attendance for girls. The Committee requests the Government to supply information on the measures taken in the context of the five-year plan to promote equality in employment and training. It also requests the Government to continue supplying information on the progress made with regard to the adoption of a national policy on equality and on the implementation of the PAMODEC programme and the results achieved therein to promote the principle of the Convention. The Committee also requests the Government to send a copy of the study on the current situation concerning gender inequalities in the workplace.

3. Article 2. Promotion of the principle. Other measures. The Committee notes the information in the Government’s report to the effect that the Human Rights Department has taken steps to raise the awareness of company heads and business promoters with a view to having them integrate the concept of equality of opportunity and treatment in employment and occupation in their staff recruitment plans. The Committee requests the Government to continue to keep it informed of the activities undertaken by the Human Rights Department with regard to equality of opportunity and treatment in employment and training and the impact thereof.

4. Article 3. Access to education and vocational training. In its previous comments, the Committee noted that although measures had been taken to promote equality in employment and training, it shared the concern expressed by the Committee on the Elimination of Discrimination against Women in its concluding observations (CEDAW/C/BEN/CO/1-3, 7 July 2005, paragraphs 23 and 29) with regard to the low school enrolment rate for girls and the high drop‑out rate for girls due to pregnancy and premature or forced marriage. The Committee notes the information in the Government’s report. The Committee welcomes the important steps taken by the Government in order to promote and guarantee equal access to, and participation in, training for women and girls. The Government points out that a national policy document exists on vocational training and that the “School for all girls” campaign has been launched at national level. Moreover, specifically targeted measures have been adopted in areas with low school attendance rates in order to facilitate access to education for girls. These measures include activities intended to reinforce mothers’ capacity for combating forced or premature marriage. The Committee also notes the Government’s statement that, between 2006 and 2007, the total number of children attending school was 1,178,501, of which 516,863 were girls. The Committee requests the Government to continue supplying information on the measures taken to promote and guarantee equality of opportunity and treatment for women and girls with respect to education, vocational training and employment, and to keep it informed of the specific results achieved.

5. Article 5. Special protective measures. In its previous comments, the Committee invited the Government to consider the possibility of reviewing the provisions of sections 5–7 of Ministerial Decree No. 132/ MFPTRA/MSP/DC/SGM/DT/SST on the occupations and activities that women are not entitled to perform. The Committee notes the Government’s statement that the issue of the revision of the aforementioned Decree will be debated in the National Labour Council in 2008. Moreover, the Committee noted that section 10(d) of Part II of Decree No. 98-189 of 11 May 1998 issuing special regulations for staff engaged in public work on behalf of the State provides that, because of “service constraints”, a certain percentage of posts for specialist workers to be recruited would be reserved for male candidates. In this respect, the Committee reminded the Government that the exception authorized under Article 1, paragraph 2, of the Convention had to be justified by the qualifications required for a specific post, which had to be interpreted strictly in order to avoid undue limitation of the protection provided for by the Convention. The Government explains in its report that certain jobs, especially on building sites and in civil engineering, and also involving the use of heavy machinery, required a certain degree of physical strength on the part of employees which many women lacked. The Committee reminds the Government that measures taken with regard to women on the basis of stereotyped views of their abilities and their role in society violate the principle of the Convention. The Committee hopes that the Government will take the necessary steps, with the collaboration of the social partners, to revise the provisions of section 10(d) of Part II of the Decree of 1998 and sections 5–7 of Ministerial Decree No. 132/ MFPTRA/MSP/DC/SGM/DT/SST in order to strictly limit protective measures concerning to women to those intended to provide maternity protection.

6. Discrimination on the basis of the other grounds set forth in Article 1(a). The Committee requests the Government to supply information on the measures taken to combat direct and indirect discrimination based on all the other grounds set forth in Article 1(a) of the Convention, namely race, colour, religion, political opinion, national extraction or social origin, in order to establish equality not only in law but also in practice.

7. Part V of the report form. Statistics. The Committee notes that the Government has not supplied any statistical information in its report and reminds it of the importance of these statistics for assessing progress made and for enabling better promotion of the principles contained in the Convention. It hopes that the Government will supply recent statistical information in its next report, disaggregated by sex and if possible by race and ethnic origin, on the distribution of the population in the various economic sectors and occupations.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Discrimination on grounds of sex. Sexual harassment. Recalling its previous comments on the absence of national legislation defining and prohibiting sexual harassment, the Committee notes that the draft Labour Code of OHADA which includes provisions on sexual harassment, has not yet been adopted. Noting that the draft Code is intended to have direct force of law in Benin, the Committee asks the Government to keep it informed regarding any progress made in adopting the Labour Code. Please also provide information on the progress made with regard to the adoption of the draft Penal Code as well as on any other action taken or envisaged to prohibit sexual harassment in law and in practice, taking into account the General Observation of 2002 on this issue.

2. Article 1(2). Inherent requirement of the job. Recalling its previous comments on section 12 of the General Statute on Permanent State Employees, which refers to special statutes for particular branches where access to certain posts can be reserved to one or the other sex on the basis of the particular constraints, the Committee takes note of Decree No. 98-189 of 11 May 1998 concerning the Special Statutes for Civil Engineering Personnel. It notes that section 10(d) of Chapter II of this Decree provides that a certain percentage of the posts of specialized workers be reserved for male candidates because of “service constraints”. The Committee recalls that the exception permitted under
Article 1(2) of the Convention must be based on inherent requirements of a particular job, which must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee asks the Government to explain the rationale behind the “service constraints” which limit the equal access of women to the post of specialized workers. It hopes that the Government will consider removing the percentage restrictions, and that it will allow all men and women to compete individually for the posts in question.

3. Article 2. National policy to promote equality of opportunity and treatment. The Committee recalls that for a number of years it has asked the Government to declare and pursue a national policy to promote equality of opportunity and treatment in respect of employment and occupation, and that the Government had requested the technical assistance of the ILO in this respect. The Committee notes with interest that the Government will participate in the second phase of the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC), which will have among its objectives the promotion of equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation. The Committee welcomes this initiative and hopes that it will assist the Government in making progress in the formulation and implementation of a national policy within the meaning of Article 2 of the Convention. Such a policy should also include practical measures to address direct and indirect discrimination with respect to all the grounds enshrined in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, in order to achieve both de jure and substantive equality. The Committee asks the Government to provide with its next report information on the activities taken in the context of PAMODEC, as well as on any other measures taken or envisaged with a view to adopting a national policy on equality in employment and occupation.

4. Please keep the Committee informed of the specific activities undertaken by the Human Rights Committee and the Human Rights Department at the Ministry of Justice and Legislation to promote the principle of equality of opportunity and treatment with respect to employment and occupation, and the results achieved.

5. Article 3. Access to education and vocational training. The Committee refers to its previous comments regarding the need for practical measures to promote and encourage the effective participation of women in training and skills activities and jobs and occupations in the public and private sectors, where their numbers are low. The Committee notes from the Government’s report that there still is a considerable gap between the number of women employed in the public service (27.67 per cent) and that of men (72.33 per cent), but that women constitute 45 per cent of the participants in the training programmes for level B, C and D posts of the public service. With respect to vocational training in the private sector, the Committee notes that positive measures have been taken to achieve a participation rate of women of 30.4 per cent in vocational training courses. While appreciating these measures, the Committee also notes the concerns expressed by the Committee on the Elimination of Discrimination against Women in its Concluding Observations (CEDAW/C/BEN/CO/1-3, 7 July 2005, paragraphs 23 and 29) about the low rate of enrolment of girls in schools, the high drop-out rate of girls due to pregnancy and forced marriage and the extremely high rate of illiteracy among women and girls. Recalling the importance of equal access to education and training for achieving equality between men and women in employment and occupation, the Committee urges the Government to step up its efforts to promote and secure equal access to and participation in general education, vocational training and employment for women and girls, and to provide information on the specific results achieved in its next report.

6. Article 5. Special protective measures. The Committee refers to its previous comments concerning the application of Ministerial Order
No. 132/MFPTRA/MSP/DC/SGM/DT/SST which, in sections 5 to 7, specifies the occupations and activities that women may not perform. The Committee again invites the Government to consider reviewing these provisions in consultation with the social partners and in particular with women workers, in order to assess whether the abovementioned restrictions on women’s employment are still necessary in view of the principle of equality, improvements in conditions of work and changing attitudes.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s statement that at present there is no legal text that defines sexual harassment in employment and occupation on the part of the employer, but section 360 of the draft Penal Code, which has been transmitted to Parliament provides that "a person who harasses someone by giving orders, using threats, imposing constraints and exercising serious pressure to obtain favours of a sexual nature by abusing the authority given by his or her functions, shall be punished with imprisonment of two months to one year and with a fine of 50,000 to 500,000 CFA". The Government further indicates that the draft Labour Code of OHADA will include provisions on sexual harassment, which will fill the gap which currently exists in the national labour legislation. The Committee asks the Government to provide information on any progress made in the adoption of the draft Penal Code and of the draft Labour Code of OHADA as well as on any action taken or envisaged at the national level to define and prohibit sexual harassment in employment and occupation in the national legislation in line with the Committee’s 2002 general observation on this issue.

2. For a number of years, the Committee has brought the Government’s attention to its obligation under Article 2 of the Convention to declare and pursue a national policy for the promotion of equality of opportunity and treatment in respect of employment and occupation. In its previous comments, the Committee hoped that the Government would make every effort to seek and acquire the assistance of the Office in this regard and that it would initiate action to develop a policy and other programmes to address direct and indirect discrimination and to promote equality on all grounds listed in the Convention. It also hoped that these initiatives would be undertaken in consultation with the representatives of workers’ and employers’ organizations. The Committee regrets to note that the Government’s report once more indicates that no progress has been made and that no policy or measures have been developed or adopted. It urges the Government to provide detailed information with its next report on the action taken to adopt a policy within the meaning of Article 2 of the Convention. It recalls that such a policy should be clearly stated, and programmes to support the policy should be set up and implemented. At a minimum the measures outlined in Article 3 of the Convention must be undertaken. Measures outlined in Recommendation No. 111 may also provide useful guidance in the promotion of an equality policy and programme of activities.

3. The Committee notes the Government’s statement that no text yet exists concerning the special conditions of service of permanent state employees, under section 12, which reserves access to certain posts to one or other sex on the basis of their particular constraints. The Committee requests the Government to indicate in its next report on the manner in which this provision is applied in practice and to provide a copy of said text once adopted.

4. With regard to the Order adopted in July 1999 under section 168 of the Labour Code, the Committee notes that Chapter II of the Order sets limitations on the weight to be carried by women and that Chapter III (sections 6 and 7) prohibits the employment of women in certain jobs and categories of enterprises that may be hazardous to their health. In this regard, the Committee recalls that both men and women must be protected against risks inherent to their employment and occupation and that, as regards the types of work which have been shown to be particularly harmful to the reproductive function, measures should be taken to ensure special protection for men and women. The Committee refers the Government to the ILO resolution of 1985 on equality of opportunity and treatment for men and women workers in respect of employment, in particular its paragraph 5, and asks the Government to consider the possibility of organizing consultations with the social partners and in particular with men and women workers on this issue, and to supply information on progress achieved.

5. Further to the above, the Committee notes that, despite several requests for detailed information on the measures taken in practice to encourage the effective promotion of equality of opportunity and treatment in respect of employment and occupation in the private and public sectors, the Government’s report again does not provide any details in this regard. The Government merely states that there are no up-to-date statistics on the employment of women in the private sector, and confirms the low representation of women in the public sector (26.2 per cent as of 31 December 2002). The Committee nevertheless notes from the Government’s report on Convention No. 100 that the Government has taken some measures to improve women’s employment in the private sector such as including a statement in certain job announcements that preference will be given to female candidatures, and the creation of a legal framework in favour of self-employed women and women entrepreneurs and to assist women in the informal economy. It requests the Government to provide, in its next report, information on the specific impact of these measures on the employment of women, as well as to provide full information on the situation of men and women in the various occupations and grades in the public sector and on the measures taken to improve the participation of women in training and skills development activities, jobs and entry into occupations and branches of activities in the public and private sectors where their numbers are low. The Committee recalls that the Office remains available to provide appropriate technical assistance with regard to the collection of statistical data on the employment of men and women in the private sector.

6. The Government is requested to provide full information on the practical measures taken to address racial and ethnic discrimination in employment and occupation and to promote equal opportunity and treatment on the other grounds covered in Article 1 of the Convention, in particular race, colour and national extraction.

7. With reference to its previous request, the Committee notes that the Human Rights Committee and the Human Rights Department at the Ministry of Justice and Legislation have not taken any initiatives to promote the principle of equal treatment in employment and occupation and their actions are more directed towards the protection of human rights in general. The Committee wishes to emphasize the value of these types of institutions in promoting a national policy on equality of opportunity and treatment and tackling discrimination in employment and occupation, and asks the Government to keep it informed on any future initiatives taken by the abovementioned institutions in this regard.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the brief information contained in the Government’s report.

1. The Committee takes this opportunity to emphasize the importance of supplying detailed information to the Office in order to enable it to evaluate the application of the Convention in practice. It is bound to point out that it is hard to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the instrument is fully applied, especially when the Government has indicated that it has no policy to promote equality in employment and occupation and when no other details are given on any specific measures undertaken in this area. Recalling the statistical information contained in the United Nation’s Economic and Social Council (Document E/1990/5/Add.48 of 5 September 2001) the Committee notes that only 25.81 per cent of women are engaged in the public sector and that women are poorly represented in the private sector. The Committee therefore requests the Government to provide with its next report full information on the situation of men and women in the labour market and to provide information on any measures taken to improve the participation of women and members of minority groups in training and skill development activities, jobs and entry into various occupations.

2. The Committee notes the Government’s statement that it has not yet formulated a specific national policy for the promotion of equality of opportunity and treatment in respect of employment and occupation and that it requests the technical assistance of the ILO in this respect. The Committee hopes that it will be possible to provide such assistance in the near future. The Committee also hopes that the Government will make every effort to seek and acquire this assistance and to initiate action to develop a policy and other programmes to address direct and indirect discrimination and to promote equality on all grounds listed in the Convention. It further hopes this initiative will be undertaken in consultation with representatives of workers’ and employers’ organizations.

3. The Committee notes the creation of a Human Rights Committee and a Human Rights Department at the Ministry of Justice and Legislation under the terms of Decree No. 97-30 of 29 January 1997. The Committee requests the Government to indicate in its next report the measures taken or envisaged by the Human Rights Committee and the Human Rights Department to promote the principle of equal treatment in employment and occupation.

4. The Committee notes the Order adopted in July 1999 under section 168 of the Labour Code regulating the nature of work and categories of enterprises in which the employment of young persons (14 to 18 years old), women and pregnant women is prohibited, in accordance with Article 5(2) of the Convention. The Committee reiterates its request to the Government to supply with its next report a copy of the special conditions of service of permanent state employees, under section 12 which reserves access to certain posts to one or other sex on the basis of their particular constraints.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report.

1. Article 5 of the Convention. The Committee notes the Government's indication that a joint Ministry of Labour and Ministry of Health Order establishes, under section 168 of the Labour Code, after an opinion issued by the National Labour Council, the nature of work and categories of undertakings prohibited to women, pregnant women and young persons. The Committee requests the Government to provide a copy of this joint Order, adopted in July 1999, and also of the special statutes for permanent state employees, which reserve access to certain posts to one or the other sex on the basis of their particular constraints, by virtue of section 12 of the General Statute of permanent state employees.

2. The Committee notes the Government's statement that it has not formulated a specific national policy for the promotion of equality of opportunity and treatment in respect of employment and occupation, since this is already enshrined in the Constitution, the Labour Code and the General Statute of permanent state employees. In this connection, the Committee wishes to remind the Government that, as the Committee recalled in its 1988 General Survey on equality in employment and occupation, while affirmation of the principle of equality may be an element of national policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention. This policy should: (1) be clearly stated, which implies that programmes for this purpose should be or should have been set up; and (2) should be applied, presupposing state implementation of appropriate measures according to the principles outlined in Article 3 of the Convention (paragraphs 158 and 159 of the General Survey cited above). The Committee forthwith requests the Government to supply the information concerning the measures undertaken to amend its legislation.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest that, under sections 4 and 5 of the Labour Code of 27 January 1998, employers are prohibited from taking into account the sex, age, race, ethnic origin or descent of workers (section 4), or the social origin, membership or non-membership in a trade union, trade union activity, origin or opinions, in particular religious and political opinions, of workers (section 5), in making decisions regarding recruitment and other labour conditions, including vocational training, career development, promotion, remuneration, provision of social benefits, or termination of the employment contract. It also notes that section 31 of the Code establishes that handicapped persons must not be subjected to discrimination in respect of employment. With reference to Article 1, paragraph 1(b), of the Convention, the Committee asks the Government whether it intends to add the criteria of age and disability to the prohibited forms of discrimination covered by the Convention in Benin.

The Committee is addressing a request regarding other points directly to the Government.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information supplied by the Government concerning the repeal of section 52 of Act No. 86-013 issuing the general conditions of employment of permanent state employees, and the Government's intention to remove all reference to certain public posts being reserved for men (by virtue, in particular, of Decree No. 85-363 issuing the regulations of employees of the post and telecommunications service) when the general conditions of service of the public service are reviewed. It requests the Government to provide the text of the new law as soon as possible.

The Committee notes, however, that the report does not contain sufficient information on the other questions raised and therefore hopes that the next report will provide full information on the following points:

1. Noting that - according to the Government - no case of discrimination as regards recruitment has been reported, the Committee reiterates its request to the Government to provide information on the practical application of Act No. 90-004 of 15 May 1990 governing the registration of workers, recruitment and termination of employment contracts. Also noting the Government's indication that it has taken no special measures to encourage the access of women to employment within the framework of structural adjustment measures, nor to increase the awareness of enterprises in this respect because such action could give rise to discrimination, the Committee recalls the terms of Article 2 of the Convention and asks the Government to take account of Article 3(a) in its efforts to implement a national policy of non-discrimination in employment.

2. Since the statistics previously requested were not attached to the Government's report as stated, the Committee recalls the importance of statistical analyses for evaluating the effective implementation of the national non-discrimination policy, and again asks the Government to provide information on the practical measures taken to encourage the effective promotion of equality of opportunity and treatment in the public and private sectors in respect of: (a) access to vocational training; (b) access to employment and the various occupations; (c) conditions of employment, and on the results of these measures. It requests the Government to ensure that its next report does supply data (including statistics, e.g. on the percentages of men and women in the various post and telecommunications categories, and extracts of inspection reports and legal rulings.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report for the period ending 30 October 1990.

1. The Committee notes Act No. 90-004, of 15 May 1990, governing the registration of workers, recruitment and the termination of employment contracts, which repeals Act No. 83-002, of 17 May 1983, concerning the practical application of which the Committee had requested information. With regard to the new Act, the Committee requests the Government to indicate how, in practice, employers are bound to respect the principles of non-discrimination and equality of opportunity when recruiting staff, which they can do freely under the terms of section 4 of the Act, and when they register a dismissal. Furthermore, the Committee requests the Government to indicate whether measures have been taken following the liberalisation of recruitment procedures within the framework of structural adjustment measures to promote the access of women to employment and to increase the awareness of enterprises in this respect.

2. As regards permanent state employees, the Committee noted that access to certain jobs could be reserved for applicants of one sex or the other. The Committee notes that, in accordance with the regulation concerning the conditions of service of employees of the post and telecommunications service, which was transmitted by the Government (Decree No. 85-363 of 11 September 1985), of the 16 categories of permanent employees, only technical jobs and jobs related to electro-mechanical plants are reserved for male applicants. Moreover, only in the case of the recruitment of postal delivery staff and sales personnel is it specified that applicants of both sexes will be considered. The Committee requests the Government to state whether, for other categories of jobs, applications by women are receivable and how equality of opportunity for women in respect of access to these jobs is guaranteed. The Committee would be grateful to receive with the Government's next report statistics on the distribution, by categories of employee, of women and men in the public postal and telecommunications sector.

3. In its previous comments, the Committee noted that under the terms of section 52 of Act No. 86-013, of 26 February 1986, governing the general conditions of employment of the public service, every permanent state employee is subject to appraisal, for which the general conditions and factors to be taken into account are determined by Decree. According to the Government, no Decree had been adopted in this respect. The Committee points out that, in accordance with the legislation that was previously in force to establish the general conditions of service of permanent state employees (Ordinance No. 79-31, which was repealed by Act No. 86-013), political opinion was foremost among these factors. Furthermore, it points out that section 12 of Act No. 86-013 includes, among the conditions to be fulfilled in order to be appointed to state employment, that of being in accordance in particular with the legislation respecting ideological service. The Committee also notes that, in the conditions of service of employees of the postal and telecommunications services, one of the factors to be taken into account for the appraisal of employees of each category is political opinion. The Committee notes, according to the Government's statement contained in its latest report, that the question of section 52 of Act No. 86-013 is under examination within the framework of the revision of the conditions of service of the various categories of state employees and that since 1990 political opinion has no longer been taken into account in the appraisal and advancement of permanent state employees. The Government states that new texts will be adopted in this respect and that action is currently being taken to eliminate any discrimination in employment.

The Committee therefore hopes that the necessary modifications will be made to the provisions governing the public service and requests the Government to supply copies of the new legislative texts and regulations as soon as they are adopted.

4. The Committee repeats its request to the Government to supply information on the measures taken in practice to encourage the effective promotion of equality of opportunity and treatment in respect of: (a) access to vocational training; (b) access to employment and to the various occupations; and (c) conditions of employment. The Committee once again requests the Government to supply information (including statistics and extracts from inspection reports and legal rulings) on the results achieved through such measures and on the steps taken to obtain the cooperation of employers' and workers' organisations in preparing and implementing such measures.

The Committee reminds the Government that Article 2 of the Convention obliges States which have ratified the instrument to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment, with a view to eliminating any discrimination on the basis of the grounds set out in Article 1, namely, race, colour, sex, religion, political opinion, national extraction or social origin.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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 matters raised in its previous direct request, which read as follows:

1. The Committee notes from the information previously provided by the Government that the national aptitude test which was compulsory for all job applicants is no longer organised by the Ministry of Labour and Social Affairs and that a new, simplified recruitment system has been set up by the Employment Directorate, whereby applicants are now listed by occupational category and chronological order of application. The Committee also notes that the Government plans to liberalise recruitment as part of the structural adjustment measures currently being implemented and that, consequently, Act No. 83-002 of 17 May 1983 making compulsory a periodical report on the status of the workforce and laying down procedures to regulate recruitment and termination of work contracts, is now being revised. The Committee asks the Government to keep it informed of any developments in this area and to provide a copy of the revised Act once it has been adopted. The Committee also hopes that the Government will do its utmost to encourage the access of women to employment as part of the structural adjustment and that it will raise awareness in enterprises in this regard.

2. In its previous comments, the Committee noted that section 12 of Act No. 86-013 of 26 February 1986 issuing the general rules of employment of permanent state employees provides that no distinction shall be made between the two sexes in the application of these rules of employment, but provides that the specific rules of employment of certain sections may, on the grounds of the inherent requirements of certain jobs, reserve access to them to applicants of one sex or the other. It therefore requested the Government to indicate the jobs for which access was reserved to applicants of one sex or the other and to provide a copy of any conditions of employment establishing such restrictions. In its latest report, the Government indicates that the occupation of telecommunication technician is open only to men. The Committee notes this information and again asks the Government to provide a copy of some of the specific rules of employment containing such restrictions (the conditions of employment of telecommunication technicians referred to by the Government in its report have not been received).

3. In its previous comments, the Committee also referred to section 52 of Act No. 86-013, which provides that every permanent state employee in service or on secondment is subject to a yearly appraisal - followed by a written note of the results - of his performance in his job and his aptitude for a job one grade higher. This section also lays down that the general conditions for marking and the factors to be taken into account for the performance appraisal are to be determined by Decree. In the past, the Committee pointed out that the corresponding section of the legislation previously in force to establish the general conditions of service of permanent state employees (Ordinance No. 79-31 of 1979 repealed by the Act of 1986) contained a list of these factors and that political conviction was at the head of the list; it requested the Government to provide a copy of the Decree issued under section 52 of Act No. 86-013 of 1986 so that it could ascertain that the equality of opportunity and treatment of state employees was not affected by any discrimination on grounds of political opinion, in accordance with the principle laid down by the Convention. In its report, the Government states that no Decree has yet been adopted on this subject. The Committee notes this information and again expresses the hope that the next report will contain particulars of the factors taken into account in the preparation of the performance appraisal provided for by section 52 of the Act, and of the manner in which state employees enjoy equal opportunity and treatment in employment, irrespective of their political opinions.

4. Lastly, the Committee requests the Government - as it did in its previous comments - to supply information on any positive practical measures taken to encourage the effective promotion of equal opportunities and treatment, irrespective of sex, religion, race, political opinion, national extraction or social origin, with regard to: (a) access to vocational training; (b) access to employment and to the various occupations; and (c) conditions of employment. The Committee would also like to receive information (including statistics and extracts from inspection reports and legal rulings) on the results of such measures, and on the steps taken to ensure the co-operation of employers' and workers' organisations in preparing and implementing such measures.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information provided by the Government in reply to its previous comments. It notes from this information that the national aptitude test which was compulsory for all job applicants is no longer organised by the Ministry of Labour and Social Affairs and that a new, simplified recruitment system has been set up by the Employment Directorate, whereby applicants are now listed by occupational category and chronological order of application. The Committee also notes that the Government plans to liberalise recruitment as part of the structural adjustment measures currently being implemented and that, consequently, Act No. 83-002 of 17 May 1983 making compulsory a periodical report on the status of the workforce and laying down procedures to regulate recruitment and termination of work contracts, is now being revised. The Committee asks the Government to keep it informed of any developments in this area and to provide a copy of the revised Act once it has been adopted. The Committee also hopes that the Government will do its utmost to encourage the access of women to employment as part of the structural adjustment and that it will raise awareness in enterprises in this regard.

2. In its previous comments, the Committee noted that section 12 of Act No. 86-013 of 26 February 1986 issuing the general rules of employment of permanent state employees provides that no distinction shall be made between the two sexes in the application of these rules of employment, but provides that the specific rules of employment of certain sections may, on the grounds of the inherent requirements of certain jobs, reserve access to them to applicants of one sex or the other. It therefore requested the Government to indicate the jobs for which access was reserved to applicants of one sex or the other and to provide a copy of any conditions of employment establishing such restrictions. In its latest report, the Government indicates that the occupation of telecommunication technician is open only to men. The Committee notes this information and again asks the Government to provide a copy of some of the specific rules of employment containing such restrictions (the conditions of employment of telecommunication technicians referred to by the Government in its report have not been received).

3. In its previous comments, the Committee also referred to section 52 of Act No. 86-013, which provides that every permanent state employee in service or on secondment is subject to a yearly appraisal - followed by a written note of the results - of his performance in his job and his aptitude for a job one grade higher. This section also lays down that the general conditions for marking and the factors to be taken into account for the performance appraisal are to be determined by Decree. In the past, the Committee pointed out that the corresponding section of the legislation previously in force to establish the general conditions of service of permanent state employees (Ordinance No. 79-31 of 1979 repealed by the Act of 1986) contained a list of these factors and that political conviction was at the head of the list; it requested the Government to provide a copy of the Decree issued under section 52 of Act No. 86-013 of 1986 so that it could ascertain that the equality of opportunity and treatment of state employees was not affected by any discrimination on grounds of political opinion, in accordance with the principle laid down by the Convention. In its report, the Government states that no Decree has yet been adopted on this subject. The Committee notes this information and again expresses the hope that the next report will contain particulars of the factors taken into account in the preparation of the performance appraisal provided for by section 52 of the Act, and of the manner in which state employees enjoy equal opportunity and treatment in employment, irrespective of their political opinions.

4. Lastly, the Committee requests the Government - as it did in its previous comments - to supply information on any positive practical measures taken to encourage the effective promotion of equal opportunities and treatment, irrespective of sex, religion, race, political opinion, national extraction or social origin, with regard to: (a) access to vocational training; (b) access to employment and to the various occupations; and (c) conditions of employment. The Committee would also like to receive information (including statistics and extracts from inspection reports and legal rulings) on the results of such measures, and on the steps taken to ensure the co-operation of employers' and workers' organisations in preparing and implementing such measures.