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.