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

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

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.