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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Benin (Ratification: 1960)

The Committee notes the observations of a general nature of the International Organisation of Employers (IOE), received on 1 September 2016. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, regarding acts of violence by the forces of order which disturbed a demonstration by teachers on 12 February 2015. The Committee requests the Government to provide its comments in response to these serious allegations by the ITUC.

The Committee notes the Government’s response to the allegations made in 2013 by the General Confederation of the Workers of Benin (CGTB) concerning violations of trade union rights in enterprises in the export processing zone. The Committee notes the indication that measures have been taken, in collaboration with the CGTB and other trade union confederations, to improve social dialogue and raise awareness of the rights of workers, which has resulted in an improvement in the social climate in the export processing zone.

Article 2 of the Convention. Right to establish trade unions without previous authorization. The Committee recalls that its previous comments have focused for many years on the need to amend section 83 of the Labour Code, which requires trade unions to deposit their by-laws with numerous authorities, in particular the Ministry of the Interior, in order to obtain legal status and legal personality. In its latest report, the Government indicates that the most recent draft revision of the Labour Code, which is still in progress, has taken into account the Committee’s recommendations in the provisions of section 231, which it describes. The Committee trusts that the process of revising the Labour Code will be concluded rapidly and that the Government will very shortly report the amendment of section 83 of the Labour Code as indicated and provide a copy of the revised Labour Code when adopted.

Right of workers, without distinction whatsoever, to establish trade unions. Finally, in its previous comments the Committee requested the Government to specify the legislative or regulatory provisions that explicitly grant the trade union rights set out in the Convention. The Committee notes the Government’s indication that it does not plan to amend the texts governing seafarers, in particular Act No. 2010-11 of 27 December 2010 issuing the Merchant Navy Code. The Government specifies that general texts on seafarers grant them the right to organize and that, in practice, there are trade union organizations and associations that defend the interests of seafarers, and particularly the National Union of Seafarers of Benin, established in 1996, and the Seafarers’ Welfare Board, established in 2015. The Committee has previously referred to the General Conditions of Service of Seafarers of the Republic of Benin (Act No. 98-015), section 78 of which recognizes the right to organize of all seafarers. The Committee requests the Government to confirm that Act No. 98-015 is still in force following the adoption of the Merchant Navy Code of 2010 and that it confers on seafarers all the guarantees of the Convention with regard to freedom of association, in the absence of more specific provisions in the legislation.