Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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

Further to its previous comments, the Committee notes the statistical information supplied by the Govenment in its last report in relation to point V of the report form. It notes, however, that the report contains no reply to several other points raised in its previous direct request, which read as follows:

Articles 10 and 12(d) of the Convention. The Committee notes that, with the liberalisation and privatisation of the economy currently under way, section 9 of the Labour Code, providing that the members of a trade union responsible for its administration or leadership must be nationals of Benin or of another State with which it has concluded a reciprocity agreement on trade union matters, has become obsolete. It also notes that a new Labour Code is being prepared. The Committee hopes that the next report will indicate the measures which have been taken or which are contemplated to expressly amend section 9 of the Labour Code in order to bring it into conformity with the present practice and with Articles 10 and 12(d) of the Convention.

Articles 10, 12(d) and 14(a). The Committee notes that Decree No. 77-45 of 4 March 1977, regulating the movements of foreigners, has fallen into disuse and that foreign workers no longer require authorisation before leaving the area in which they reside. It hopes that the next report will indicate the measures which have been taken or are contemplated to expressly repeal this decree.

Article 14(c). The Committee notes that, in the context of the present structural adjustment, all foreigners have access to any employment provided that they have the necessary knowledge or skills. The Committee hopes that this practice will be reflected explicitly in the national legislation and that the provisions of the Public Service Act, which reserve the right to become established officials to citizens of Benin, will be amended in conformity with Article 14(c) of the Convention which allows restriction of access to limited categories of employment or functions only where this is necessary in the interests of the State. It hopes that the next report will indicate the measures taken or envisaged in this regard and that the Government will soon inform the Committee that the legislation has been amended.

In addition, the Committee again requests the Government to communicate with its next report the following texts as well as the text of any international agreement which may be in force for Benin concerning the questions dealt with in the Convention:

- Act No. 83-002 of 17 May 1983 regulating recruitment of workers;

- Agreement on personnel engaged under mutual technical assistance programmes and on the exchange of workers between the People's Republic of Benin and the Republic of Guinea;

- Agreement between the Government of the People's Republic of Benin and the Government of the Federal Republic of Nigeria concerning exchange of workers;

- Protocol to the Agreement on the free circulation of persons of 29 May 1975;

- General Convention of the OCAM;

- Four-party agreement between Benin, Nigeria, Ghana and Togo on the measures to be adopted concerning repatriation, deportation, the safety and property of foreigners, and security.