Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee takes note of the information supplied by the Government in reply to its previous comments.

1. The Committee notes with regret that the Government has not yet supplied the text repealing Decree No. 77-45 of 4 March 1977 regulating the movements of foreigners, under which foreign workers need special permission to leave their town of residence. It hopes that the Government will supply the above text in the near future.

2. The Committee notes with regret that the draft reform of the Labour Code, the preparation of which was completed in January 1991 with the technical assistance of the Office, has still not been adopted. It hopes that the above Code will be adopted without delay and that the Government will supply a copy of the text in the near future, including the new provisions concerning eligibility to administrative functions and trade union leadership, including the guarantee of equality of treatment in respect of the trade union rights of migrant workers, in accordance with Articles 10 and 12(d) of the Convention.

3. In its previous comments, the Committee referred to the Government's statement that foreigners may not engage in certain activities in the public sector, such as banking, insurance and the supplying for ships, etc. It also noted the Government's statement that in the current process of structural adjustment foreigners have access to all jobs, provided that they possess the necessary competence.

The Committee notes that the Government has still not taken or envisaged any measures involving a re-examination of the legislation in the light of practice and the criteria set out in Article 14(c) of the Convention, under which it is possible to restrict access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee recalls that the Office is available to provide technical assistance and trusts that the Government will shortly report the progress achieved in this respect.

4. The Committee takes note of the Protocol of 29 May 1979 of the Economic Community of West African States (ECOWAS) on the free movement of persons, the right of residence and settlement, and the mutual administrative assistance agreement on customs, trade and immigration, of 10 December 1984, between Benin, Ghana, Nigeria and Togo. It also notes Act No. 90-004 of 15 May 1990 governing the notification of workers, recruitment and the termination of contracts of employment, as well as Decree No. 91-1 of 4 January 1991 issued under the above Act. It once again requests the Government to supply copies of the following texts, and of any other international agreement that is in force for Benin relating to the matters covered by the Convention: (i) the agreement on personnel engaged under mutual technical assistance and on the exchange of workers between the Republic of Benin and the Republic of Guinea; and (ii) the agreement between the Republic of Benin and the Federal Republic of Nigeria concerning the exchange of workers.