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

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

Articles 2 to 7 of the Convention. Human trafficking. With respect to its previous comments regarding measures to combat trafficking in human beings, in particular women, the Committee notes the information in the Government’s report on the application of the Cooperation Agreement of 9 June 2005 between Benin and Nigeria on the prevention, repression and suppression of human trafficking in children, and on the difficulties encountered to combat trafficking in women. While noting the Government’s commitment to resolve the situation, the Committee once again refers to Articles 2 to 7 of the Convention, pursuant to which measures aimed at combating migration in abusive conditions, including trafficking, should also include establishing systematic contact and exchange with other States, consultations with employers’ and workers’ organizations, prosecuting authors of human trafficking; and defining and applying effective administrative, civil and penal sanctions. The Committee hopes that the next Government’s report will contain additional information on the measures taken to give effect to Articles 2 to 7 of the Convention with a view to addressing irregular migration and human trafficking.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the Government’s statement that the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC) will be an opportunity to initiate measures to eliminate discrimination in employment and occupation between nationals and migrant workers, and that the Government is envisaging ILO technical assistance with a view to formulating a national policy on equality of opportunity and treatment. The Committee requests the Government to provide information on any measures taken, including in the context of PAMODEC, to declare and pursue a national policy on equality of opportunity and treatment that includes migrant workers, taking into account the measures set out in Article 12 of the Convention.

Article 14(b). Recognition of occupational qualifications. The Committee requests the Government to provide the information referred to in its report on the number and type of diplomas obtained abroad recognized by the National Commission for the Equivalence of Diplomas, which was not received.

Article 14(c). Restrictions with respect to functions necessary in the interest of the State. The Committee recalls the very broad and general restriction on the access of foreigners in state employment (section 12 of Act No. 86-013 of 26 February 1986 concerning the general statute of permanent agents of the State). Noting the Government’s statement that it will examine the concerns that it has raised, the Committee requests the Government to provide information on the progress made in examining its legislation in light of the criteria mentioned in Article 14(c) of the Convention.