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

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

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.

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

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that a national charter on social dialogue has been prepared and is soon to be signed. In reply to the previous comments on the re-examination of non-ratified Conventions, namely the governance Conventions, that is the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Government indicates that it is committed to examining how those Conventions may be ratified. With regard to Convention No. 122, the Government indicates that the ratification process has advanced and that the issue will come before the National Assembly shortly. The Government also recalls that the concerns related to international labour standards laid down in Article 5(1) of the Convention have always been subject to consultation with the social partners. The Committee requests the Government to provide detailed and updated information on the content and the outcome of the tripartite consultations held on each of the issues related to international labour standards, as prescribed by Article 5(1) of the Convention. It also requests the Government to provide a copy of the national charter on social dialogue, as soon as it is adopted, as well as information on its implementation in terms of the matters covered by the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Effective tripartite consultations required by the Convention. Further to its previous comments, the Committee notes with interest that the ratification of the Collective Bargaining Convention, 1981 (No. 154), and the Maternity Protection Convention, 2000 (No. 183), was registered on 10 January 2012. The Government also indicates, in the report received in September 2013, that there is an institutional framework for tripartite consultation within which discussions take place on labour-related issues. The Government describes the various tripartite consultations held on international labour standards and indicates that it is planned to consider the possibility, during forthcoming sessions of the National Labour Council, of ratifying certain Conventions, including the Night Work Convention, 1990 (No. 171). The Committee hopes that the Government and social partners will continue to contemplate ratifying other important Conventions, such as the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which have been identified as governance Conventions (Article 5(1)(c) of the Convention). It invites the Government to continue to supply information on the consultations held during the period covered by the next report on matters relating to international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Effective tripartite consultations required by the Convention. In reply to the direct request of 2009, the Government indicates in a report received in September 2011 that tripartite consultations have taken place once a year with regard to ILO questionnaires concerning items on the agenda of the International Labour Conference and comments from the Committee of Experts. The Government indicates in its report that the National Assembly has already authorized the ratification of the Collective Bargaining Convention, 1981 (No. 154), and the Maternity Protection Convention, 2000 (No. 183). The Committee notes with interest that the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), was registered in June 2011. The Committee hopes that the registration of Conventions Nos 154 and 183 will be completed in the near future and that the Government and the social partners will be able to contemplate ratifying other important Conventions (Article 5(1)(c) of the Convention). It invites the Government to continue to provide information on the consultations held during the next reporting period on the matters relating to international labour standards referred to in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations required by the Convention. In reply to the 2007 direct request, the Committee notes the information provided by the Government in its report received in November 2009. The Government indicates that tripartite consultation bodies exist, such as the Economic and Social Council, the National Labour Council and the National Occupational Safety and Health Council, with the latter two holding quarterly meetings. It adds that, during the period covered by the report, tripartite consultations were held on the questionnaire on HIV/AIDS in the workplace and for the preparation of reports on ratified Conventions. The file proposing the ratification of the Collective Bargaining Convention, 1981 (No. 154), was examined by the National Labour Council at its session in November 2007 and was forwarded to the National Assembly to authorize ratification. Tripartite consultations were held on the proposal to ratify the Maternity Protection Convention, 2000 (No. 183), and the Instrument of Amendment of the ILO Constitution, 1986. The Committee notes that the ratification of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), was registered on 4 February 2010. It invites the Government to continue providing information on the consultations held on the matters set out in Article 5(1) of the Convention during the period covered by the next report. It hopes that the Government will be able to provide information on the progress achieved in relation to the ratification of Conventions Nos 154 and 183.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee takes note of the Government’s report for the period ending on 1 September 2007. In response to the previous direct request, the Government states that, although the committee on international labour standards reporting to the National Labour Council has not as yet been set up, this has in no way affected tripartite consultations on the issues relating to the subjects listed at Article 5, paragraph 1(a), (b) and (c). The Government indicates that it is contemplating ratification of the Collective Bargaining Convention, 1981 (No. 154), and that this is an item on the agenda of the National Labour Council’s last meeting for 2007. The Committee trusts that the Government will be in a position to inform the Committee in its next report that effective procedures for consultations on international labour standards have actually been set up. It requests the Government to provide information on any developments relating to Convention No. 154 and to provide up to date information in its next report on the tripartite consultations held on each of the subjects listed at Article 5, paragraph 1, of the Convention, indicating their frequency and the nature of any reports or recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite consultation required by the Convention. The Committee notes the information provided by the Government, which was received in November 2005 and August 2006. In response to the Committee’s 2004 direct request, the Government indicates that the text establishing the International Labour Standards Commission within the National Labour Council has still not been adopted. The Government points out that this situation does not, however, prevent consultation with the social partners on the international labour standards issues set out in Article 5, paragraph 1(a), (b) and (d) of the Convention. The Committee hopes that the advisory bodies for international labour standards will become effective in the near future. It asks the Government to provide, in its next report, more specific and more detailed information on the consultations required by Article 5, paragraph 1, of the Convention, and to indicate the frequency of such consultations and the nature of any reports or recommendations resulting therefrom. In this regard, the Committee recalls that certain matters covered by the Convention (replies to questionnaires, submissions to the National Assembly, and reports to be presented to the ILO on the application of ratified Conventions) involve annual consultation, while others (re-examination of non-ratified Conventions and of Recommendations, and proposals for the denunciation of ratified Conventions) require less frequent examination.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Tripartite consultations required by the Convention. The Committee notes with interest the Government’s first report on the application of the Convention. It notes that in June 2003 the National Labour Council decided to create the International Labour Standards Commission, which will be responsible for consultations on the matters set out in Article 5, paragraph 1, of the Convention. The Committee requests the Government to provide detailed information in its next report on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention. Please also provide information on the consultations held in the International Labour Standards Commission and indicate the nature of any reports or recommendations resulting from these consultations.