Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Benin (Ratification: 2001)

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed and updated information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards, as required by Article 5(1), of the Convention. It also requested to provide information on the implementation of the National Charter on Social Dialogue (hereinafter the “Charter”). The Committee notes the absence of the information requested in its previous comments on the holding of tripartite consultations on international labour standards, as required by Article 5 of the Convention. However, despite the absence of information from the Government, the Committee observes that, according to the information available, including on the website of the Ministry of Labour and the Public Service, the Charter was signed by the social partners on 30 August 2016. It also notes that the Charter has been implemented by Ministerial Decree No. 323 of 28 June 2017 on the establishment, terms of reference, organization and operation of the National Social Dialogue Council (CNDS) and its components, as well as by Decree No. 2017-324 of 28 June 2017 appointing the members of the CNDS, which resulted in the official launching of the CNDS on 4 August 2017. The Committee further notes that in February 2019, following 17 months of operation, the CNDS published a report on the situation of social dialogue in 2018. The report of the CNDS indicates that, with the technical and financial support of the ILO, two training activities were organized for the titular and alternate members of the CNDS during the course of 2018. The report also refers to the joint will of the Government and the social partners to promote the implementation of international labour standards. It indicates in this regard that the trade unions undertake to contribute to the reinforcement and promotion of the Labour Administration Convention, 1978 (No. 150), and the Labour Inspection Convention, 1947 (No. 81). They also undertake to support the process of the ratification of the following ILO Conventions: the Employment Policy Convention, 1964 (No. 122); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Private Employment Agencies Convention, 1997 (No. 181); and the Domestic Workers Convention, 2011 (No. 189). Noting that despite the Committees’ review of publicly available information, the Government itself has not provided for many years any information on the practical application of the Convention, the Committee once again requests the Government to provide precise and detailed information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards covered by the Convention and on other ILO activities, including questionnaires on items on the agenda of the International Labour Conference (Article 5(1)(a)), the submission of the instruments adopted by the Conference to Parliament (Article 5(1)(b)), the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)) and the reports to be made on the application of ratified Conventions (Article 5(1)(d)).

COVID-19 pandemic. The Committee notes that, in view of the COVID-19 pandemic, the tripartite consultations concerning international labour standards may have been postponed. In this context, the Committee recalls the guidance provided by international labour standards and encourages the Government to make use of tripartite consultations and social dialogue as a solid basis for the preparation and implementation of effective responses to the deep-rooted socio-economic repercussions of the pandemic. The Committee invites the Government to provide updated information in its next report on any measures adopted in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to any measures taken to reinforce the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges faced and the good practices identified in relation to the application of the Convention during and after the period of the pandemic.