Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C143

Observation

Direct Request

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Articles 2 to 7 of the Convention. Migrants in abusive conditions. The Committee notes the Government’s indication that the activity reports of the labour inspection services include no mention of illegal employment of migrant workers for the period covered by the report. The Committee recalls that Member States should aim to methodically detect abusive living and working conditions for migrant workers on their territories (General Survey, Promoting fair migration¸2016, paragraph 519). The Committee requests the Government to take measures to determine whether there are illegally employed migrants on the national territory or labour migrants in abusive conditions. To this end, it requests the Government to strengthen the capacity of the labour inspectorate, prosecutors and the judiciary in respect of labour migration in abusive conditions (in particular through training courses on this subject) and to provide detailed information on the measures and activities implemented in this regard, as well as the number of cases of abuse of migrant workers identified or brought to the attention of the labour inspectorate and other authorities, and on the manner in which these cases were addressed (penalties imposed, remedies ordered, etc …)

Trafficking in persons. The Committee notes the Government’s indication that trafficking in persons is punishable under criminal law (sections 499 to 504 of the Criminal Code and sections 3 and 201 of the Children’s Code). The Committee also notes: (1) the establishment of an inter-ministerial committee to coordinate action against trafficking in persons; (2) the elaboration of a national policy to combat trafficking in persons and its action plan; and (3) the implementation of a regional project to support the combatting of trafficking in persons in the Gulf of Guinea countries (2019-2022), in which Benin, Côte d’Ivoire, Ghana, Guinea, Nigeria and Togo are participating, to overcome the trafficking of human beings in the region. The Government reports that under this programme, 9,200 victims of trafficking have been identified and taken into care; 120,000 migrants (or potential migrants) and 10,000 potential employers have received information on the issue of trafficking; 1,200 officers of the judicial police and actors in the criminal justice system have received training; 450 public officials of the internal security forces and institutions have received training; and 120 State and non-State entities have benefitted from regional exchange programmes. While welcoming the efforts made by the Government in combatting trafficking, the Committee notes that the report contains no information on the adoption of a bill on combatting trafficking announced earlier announced earlier and that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) remained concerned about the persistence of the trafficking abroad of Beninese children and migrant workers, sometimes in conditions akin to slavery, and recommended that the Government step up its efforts to combat these abuses, in particular by ensuring effective enforcement of the legislation, investigating cases of trafficking in persons, prosecuting and adequately sentencing perpetrators, and continuing to cooperate with States of residence of victims (CERD/C/BEN/CO/1-9, concluding observations, 16 September 2022, paragraphs 31–32). Regarding trafficking in persons, the Committee refers the Government to its comments on the application of the Forced Labour Convention, 1930 (No. 29). With specific reference to the protection of migrant workers, the Committee requests the Government to advise it on measures adopted to: (i) eliminate clandestine migration and the illegal employment of migrants and sanction the organizers of illicit or clandestine labour migration; (ii) establish contact and systematically exchange information with the States of the region; (iii) prosecute and impose penalties on the perpetrators of labour migration; and (iv) consult with the representative organizations of employers and workers in respect of the legislation and other measures aimed at combatting labour migration in abusive conditions, in particular trafficking in persons.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes that the Government still does not provide information on efforts made to draw up a national policy on equality of opportunity and treatment as required under Articles 10 and 12. The Committee recalls that the objective of the Convention is precisely that Governments declare and pursue an active national policy to ensure equality of opportunity and treatment for migrant workers, through the pursuit of a coordinated range of measures which may be implemented progressively and continuously adapted to respond to changing national circumstances (General Survey of 2016, paragraphs 166 and 168). The Committee again requests the Government to adopt and pursue in collaboration with workers’ and employers’ organizations, a national policy on equality of opportunity and treatment expressly providing for equality of opportunity and treatment between migrant workers and nationals, including the elements indicated in Article 12 of the Convention.

Article 14(c). Restrictions with regard to certain functions necessary in the interests of the State. The Committee notes the Government’s indications to the effect that: (1) Act No. 2015-18 of 1 September 2017 issuing the General Public Service Regulations as amended by Act No. 2017-43 of 2 July 2018 restricts access to public employment to persons holding Beninese nationality; (2) that this restriction aims to support national preference in employment; (3) that Decree No. 2018-283 of 4 July 2018 authorizes the recruitment of foreign nationals; and (4) on this basis, the Government recruits and employs foreign nationals. The Committee notes however that the functions and positions open to such recruitment are not specified in Decree No. 2018-283 of 4 July 2018, which provides that the functions and positions open to foreign nationals within the structures of the public administration shall be those set out in the organigrams of the said structures (section 2). The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (General Survey of 2016, paragraph 370). In consequence, it requests the Government to provide detailed information on the positions effectively open to recruitment of foreign nationals in practice. It also requests the Government to take steps to ensure that restrictions concerning access to the public service of non-national workers should be restricted to “limited categories of employment” and that they should be necessarily and strictly in the interests of the State. To this end, it invites the Government to take measures to amend the restriction of general access provided by Act No. 2015-18 of 1 September 2017 issuing the General Public Service Regulations.