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

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

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

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

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

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

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

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

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.