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

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Previous comment

Article 2 of the Convention. Right to establish trade unions without previous authorization. The Committee has, on numerous occasions, insisted upon 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. The Government indicates that the Supreme Court has issued a technical notice on the draft new Labour Code and that the provisions of the latter are being updated in order to respond to the changes of the labour market. The Committee trusts that the process of the revision of the Labour Code will be concluded shortly and that the Government will finally be able to report on the revision of section 83 of the Labour Code. The Committee requests the Government to provide a copy of the revised Labour Code once adopted.

Article 3. Right of workers’ organizations to organize their activities. With regard to the Committee’s previous comments concerning Act No. 2001-09 on the exercise of the right to strike, as amended by Act No. 2018-34, the Committee notes with concern that the Government merely indicates that: (i) the provisions of the Act aim essentially at ensuring continuity of the public service, the vitality of the economy, and the well-being of the population; and (ii) it notes the Committee’s recommendations. In the absence of information on how it envisages giving effect to such recommendations, the Committee is bound to recall that it is expected that the Government take the necessary steps in order to amend the following provisions of the Act in question:

• New section 2 of the Act. Scope of the Act in terms of the persons covered. Having noted that military personnel, paramilitary personnel (police, customs, water, forestry and hunting) and healthcare staff may not exercise the right to strike, the Committee recalls that it considers that States may restrict or prohibit the right to strike of public servants “exercising authority in the name of the State”, for example, civil servants in government ministries and other comparable bodies, and ancillary staff and that, when they are not exercising authority in the name of the State, they should benefit from the right to strike without being liable to sanctions, except in the case that the maintenance of a minimum service may be envisaged. This principle should also apply to civilian personnel in military institutions when they are not engaged in the provision of essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraphs 130 and 131).
• New section 17. Requisitioning in the event of a strike. The Committee notes the general wording of the criteria set out in new section 17 of the Act - according to which public service employees and employees of public, semi-public or private institutions of an essential nature, whose stoppage of work would cause serious damage to peace, security, justice, the health of the population or the public finances of the State, may be requisitioned in the event of a strike. The Committee recalls, however, that it is desirable to limit powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, namely: (i) in the public service for public servants exercising authority in the name of the State; (ii) in essential services in the strict sense of the term; and (iii) in the case of an acute national or local crisis (see the 2012 General Survey on the fundamental Conventions, paragraph 151).
• New section 13. Duration of the strike. In light of the very restrictive provisions under new section 13 of the Act - which provides that the exercise of the right to strike is subject to certain conditions of duration which may not exceed ten days in any one year, seven days in a six-month period, and two days in the same month; and that regardless of the duration, the stoppage of work during a day shall be considered as a full day of strike action - the Committee recalls that workers and their organizations should be able to call a strike for an indefinite period if they so wish (see the 2012 General Survey on the fundamental Conventions, paragraph 146).
• New section 2. Sympathy strikes. Having noted that sympathy strikes are prohibited under new section 2 of the Act, the Committee recalls that a general prohibition of this form of strike action could lead to abuse, particularly in the context of globalization characterized by increasing interdependence and the internationalization of production, and that workers should be able to take such action, provided that the initial strike they are supporting is itself lawful (see the 2012 General Survey on the fundamental Conventions, paragraph 125).

In light of the foregoing, the Committee once again urges the Government to take the necessary measures to, in the near future, amend the provisions in question of Act No. 2001-09 on the exercise of the right to strike, as amended by Act No. 2018-34, and to ensure that they give full effect to the provisions of the Convention with regard to the above.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes the observations of the General Confederation of Workers of Benin (CGTB) dated 3 April 2019 and those of the Trade Union Confederation of Workers of Benin (CSTB) dated 12 June 2019, regarding Act No. 2018-34 amending and supplementing Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike, which refer to the matters examined below by the Committee. The Committee also notes the response of the Government in this respect.

Article 2 of the Convention. Right to establish trade unions without previous authorization. The Committee has, on numerous occasions, insisted upon 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. The Government reiterates that the Committee’s recommendations have been taken into account in the most recent version of the draft revised Labour Code, the revision of which is ongoing. Observing that the Government has been referring to amending this legislation for several years, the Committee firmly expects that the revision process of the Labour Code will be concluded rapidly and that the Government will very shortly report the amendment of section 83 of the Labour Code. The Committee requests the Government to provide a copy of the revised Labour Code once it is adopted. The Committee also notes the information provided by the Government indicating that Act No. 98-015 of 12 May 1998, issuing the general conditions of seafarers, is still in force and the right to organize is thereby recognized for all seafarers.

Article 3. Right of workers’ organizations to organize their activities. The Committee notes the below provisions of Act No. 2001-09 on the exercise of the right to strike, as amended by Act No. 2018-34.

Scope of the Act in terms of the persons covered. The Committee notes that military personnel, paramilitary personnel (police, customs, water, forestry, hunting, etc.) and healthcare staff may not exercise the right to strike (new section 2). In this regard, the Committee wishes to recall that it considers that States may restrict or prohibit the right to strike of public servants “exercising authority in the name of the State”, for example, civil servants in government ministries and other comparable bodies, and ancillary staff and that, when they are not exercising authority in the name of the State, they should benefit from the right to strike without being liable to sanctions, except in the case that the maintenance of a minimum service may be envisaged. This principle should also apply to civilian personnel in military institutions when they are not engaged in the provision of essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraphs 130 and 131).

Requisitioning in the event of a strike. The Committee notes that public service employees and employees of public, semi-public or private institutions of an essential nature, whose stoppage of work would cause serious damage to peace, security, justice, the health of the population or the public finances of the State, may be requisitioned in the event of a strike (new section 17). Taking into account the general wording of the criteria set out in section 17, the Committee recalls that it is desirable to limit powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, namely: (i) in the public service for public servants exercising authority in the name of the State; (ii) in essential services in the strict sense of the term; and (iii) in the case of an acute national or local crisis (see the 2012 General Survey, paragraph 151).

Duration of the strike. The Committee notes that the exercise of the right to strike is subject to certain conditions of duration. Strikes may not exceed ten days in any one year; seven days in a six-month period; and two days in the same month. Regardless of the duration, the stoppage of work during a day shall be considered as a full day of strike action (new section 13). The Committee considers that workers and their organizations should be able to call a strike for an indefinite period if they so wish (see the 2012 General Survey, paragraph 146).

Sympathy strikes. The Committee notes that sympathy strikes are prohibited (new section 2). The Committee recalls that it considers that a general prohibition of this form of strike action could lead to abuse, particularly in the context of globalization characterized by increasing interdependence and the internationalization of production, and that workers should be able to take such action, provided that the initial strike they are supporting is itself lawful (see the 2012 General Survey, paragraph 125).

In light of the foregoing, the Committee urges the Government to take the necessary measures in the near future to amend the provisions in question of Act No. 2001-09 on the exercise of the right to strike, as amended by Act No. 2018-34, and to ensure that they give full effect to the provisions of the Convention with regard to the above.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, regarding, inter alia: (i) restrictions on trade unions from establishing federations or confederations or affiliating with higher level national or international organizations under Decree No. 2006-132 of 26 March 2006 defining the various forms of trade unions and representativity criteria; (ii) obligatory recourse to arbitration or to a particularly long conciliation or mediation procedure before any strike can be called; and (iii) the obligation to notify the duration of a strike and the particularly long list of basic services for which the right to strike is prohibited, under Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike. The Committee requests the Government to provide its comments in response to the ITUC’s observations.

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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.

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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 30 August 2013, denouncing the ongoing process of adopting an Act that would restrict trade union rights, as well as the arrest of trade unionists for having organized meetings at the workplace. The Committee notes the Government’s reply which denies the alleged arrests and indicates that certain issues raised by the ITUC for several years will be taken into account in the framework of a legislative revision, in particular of the Labour Code, and that the social partners already actively participate in this process regarding several subject matters with the technical assistance of the ILO. The Committee requests the Government to provide its observations on the allegations previously submitted by the General Confederation of the Workers of Benin (CGTB) concerning the infringements of trade union rights which would dissuade the establishment and free operation of trade union organizations in enterprises in the export processing zone.

Article 2 of the Convention. Right to establish trade unions without previous authorization. The Committee has been requesting the Government for many years to take the necessary steps to amend section 83 of the Labour Code which requires the filing of trade union by-laws in particular with the Ministry of the Interior in order to obtain legal personality, subject to a fine. The Committee notes that the Government acknowledges the need to bring the national legislation in line with the Convention and states that the revision of the Labour Code, which has just been endorsed by the National Labour Council with the active participation of the social partners, should enable it to address the Committee’s comments in this respect. The Committee trusts that the Government’s next report will outline the revision of the Labour Code which will take into account the amendments requested.

Furthermore, the Committee requested the Government to specify the legal provisions or regulations that specifically grant seafarers the rights under the Convention. The Committee, taking due note of the Government’s assurances on this matter, trusts that the Government’s next report will also contain information on the concrete measures taken to adopt legal provisions specifically granting seafarers all the guarantees of the Convention with respect to freedom of association.

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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, reporting restrictions on the right to strike and on the continuing difficulty for trade union organizations to obtain legal personality. The Committee recalls that, in 2009, the ITUC had denounced acts of intimidation against the leaders of the principal trade union federations which had called a general strike in 2008 to protest against the decline in purchasing power. The Committee also notes the comments of the General Confederation of the Workers of Benin (CGTB), dated December 2009, which reported the infringement to trade union rights, thereby discouraging the establishment and free functioning of trade union organizations in enterprises in the industrial processing zone. The Committee requests the Government to provide its observations in reply to the comments made by the ITUC in 2009 and 2011, and to the allegations of the CGTB.

Article 2 of the Convention. Right to establish trade unions without previous authorization. The Committee has been requesting the Government for many years to take the necessary measures to amend section 83 of the Labour Code which requires the filing of trade union by-laws in order to obtain legal personality in particular from the Minister of the Interior, subject to a fine. In its previous observation, the Committee had noted the Government’s indication that its comments would be taken into account during the revision of the labour legislation. In its last report, while repeating its request for ILO technical assistance to help the social partners have a better understanding of the concept of freedom of association, the Government indicates that the process of revision of the Labour Code is still ongoing and that the requested amendments to the Code will be communicated in due time. Recalling that it has been making its comments for many years, the Committee trusts that the revision of the labour legislation, with the assistance of the Office, will be completed in the very near future. It expects the Government to indicate in its next report the amendments made in order to bring the legislation fully in line with the Convention with respect to establishing trade union organizations without previous authorization by removing the requirement to file their by-laws from the Ministry of the Interior, subject to a fine.

Right of workers without distinction whatsoever to establish trade unions. In its previous comments, the Committee had requested the Government to revise Ordinance No. 38 PR/MTPTPT of 18 June 1968 issuing the Merchant Navy Code, which gives seafarers neither the right to organize nor the right to strike and provides for prison sentences for breaches of labour discipline. The Committee notes the adoption of Act No. 2010–11 issuing the Maritime Code of the Republic of Benin by the National Assembly on 27 December 2010. Although the Committee observes that reference is made to the representation of seafarers within the framework of collective agreements (section 224 of the Code), it requests the Government to specify those provisions that expressly grant seafarers the right to organize and the right to strike; those dealing with sanctions for breaches of labour discipline; and, more generally, those granting seafarers all the guarantees of the Convention with respect to freedom of association.

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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 26 August 2009, reporting acts of intimidation against the leaders of the principal trade union federations which called a general strike in 2008 to protest against the decline in purchasing power. In general, the Committee considers that the right to organize public meetings is an important aspect of trade union rights. Similarly, protest action planned by trade unions may be a part of lawful trade union activities within the meaning of Article 3 of the Convention and is accordingly protected by the principles of freedom of association. The Committee requests the Government to reply to the comments concerning acts of discrimination and intimidation by the authorities against trade union leaders, and where necessary to conduct an inquiry.

Article 2. Right to establish trade unions without previous authorization. The Committee has been requesting the Government for many years to take measures to amend the provisions of the Labour Code which require the filing of trade union by-laws in order to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine. In its previous observation, the Committee noted the Government’s indication that its comments, particularly on the need to amend section 83 of the Labour Code, would be taken into account during the revision of the labour legislation. In its latest report, the Government indicates that proposed amendments will soon be submitted to the National Labour Council and that this action, for which the Government has requested technical assistance from the Office, is covered by the annual workplan of the Ministry. The Committee trusts that the revision of the labour legislation, with the assistance of the Office, will be completed in the very near future. It expects that the Government will indicate in its next report the amendments made in order to bring the legislation into full conformity with the Convention.

Right of workers without distinction whatsoever to establish trade unions. In its previous comments, the Committee requested the Government to revise Ordinance No. 38 PR/MTPTPT of 18 June 1968 issuing the Merchant Navy Code, which gives seafarers neither the right to organize nor the right to strike and provides for prison sentences for breaches of labour discipline. The Committee notes that the Government reiterates its statement that the new Merchant Navy Code, taking into account the Committee’s comments, is currently under examination by the National Assembly with a view to its adoption. The Committee trusts that the Government will indicate in its next report the adoption of the new Merchant Navy Code and that it will grant seafarers all the guarantees set out in the Convention in respect of freedom of association. The Government is requested to provide a copy of the adopted text.

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The Committee takes note of the information in the Government’s report. It also notes the comments of 28 August 2007 of the International Trade Union Confederation (ITUC) which concern matters already raised by the Committee in its previous observation.

1. Article 2 of the Convention. Right to form trade unions without prior authorization. In its last observation, the Committee requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade unions by-laws in order to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine. The Committee notes the Government’s indication that its comments, particularly on the need to amend section 83 of the Labour Code will be taken into account during the present revision of the labour legislation. The Committee trusts that the revision of the labour legislation will be completed shortly. It asks the Government to indicate in its next report all amendments made to bring the legislation into full conformity with the Convention.

2. Article 2. Right of workers without distinction whatsoever to form trade unions. In its previous comments, the Committee requested the Government to revise Ordinance No. 38 PR/MTPTPT of 18 June 1968 issuing the Merchant Navy Code, which gives seafarers neither the right to organize nor the right to strike and provides for prison sentences for breaches of labour discipline. In its report, the Government states that a new Merchant Navy Code is currently being considered by the National Assembly. Noting that under section 78 of the General Regulations of Seafarers of the Republic of Benin (Act No. 98-015) all seafarers have the right to organize, the Committee hopes that the new Merchant Navy Code will likewise grant to seafarers all the guarantees laid down in the Convention and requests the Government to provide a copy of the text with its next report.

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The Committee notes the information in the Government’s report. It also notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2005, to which the Government responded in a communication dated 27 October 2005.

1. Article 2 of the Convention. Right to establish trade unions without prior authorization. In its last observation, the Committee requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade union by-laws in order to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine. The Committee likewise requested the Government to provide information on the practical effect given to these provisions, indicating in particular whether penalties had been imposed in recent years. The Committee notes that, according to the Government, the Committee’s comments are being studied in the process to amend the labour legislation and that no penalties have been imposed in connection with the above provision. The Committee requests the Government to provide information on developments in this respect in its next report.

2.  Article 2. Right of workers without distinction whatsoever to establish trade unions. The Committee requested the Government to amend Ordinance No. 38 PR/MTPTPT of 18 June 1968, which affords seafarers neither the right to organize nor the right to strike, and provides for sentences of imprisonment for breaches of labour discipline, in order to grant seafarers the guarantees provided by the Convention. The Committee notes that section 78 of Act No. 98-015 of 15 May 1998 issuing the general conditions of service of seafarers, establishes the right to organize of all seafarers. The Committee also notes that a new Merchant Marine Code is still under preparation.

3. Article 3. Right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee asked the Government to abolish the requirement to notify to the authorities the duration of a strike laid down in Act No. 2001-09 of 21 June 2002 on exercise of the right to strike. The Committee notes that, according to the Government, the provisions on the duration of a strike do not restrict the right to strike given that article 8 of the Act on the exercise of the right to strike indicates that a strike can be resumed.

4. The Committee notes the comments by the ICFTU to the effect that the law allows the Government to requisition public servants in a strike and to declare strikes unlawful for specific reasons such as threat to the peace and public order. According to the ICFTU, some Government departments prevent public employees from taking strike action by taking advantage of the leeway allowed by the law to draw up long lists of employees liable for requisitioning. The Committee notes that, according to the Government, the requisitions take place in conformity with the provisions of the Act on the exercise of the right to strike and therefore, are not aimed at preventing strikes. The Committee recalls that the requisition of workers involves the possibility of abuse as a means to settle industrial disputes and points out that such measures are undesirable except where essential services have to be maintained in particularly serious circumstances (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 163). In addition, the Committee recalls that requisitioning may be used to ensure the operation of essential services in the strict sense of the term and for public servants exercising authority in the name of the State.

5. The Committee trusts that these comments on points it has made previously will be taken fully into account so that the legislation can be brought into line with the Convention. It requests that the Government keep it informed in this respect. The Committee reminds the Government that it may avail itself of technical assistance from the Office in preparing any draft legislation, and asks the Government to send any texts once they have been adopted.

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The Committee notes the information contained in the Government’s report and recalls that in its previous observation:

-  it requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade union by-laws to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine (Article 2 of the Convention. Right to establish trade unions without prior authorization).

-  it once again requested the Government to remove the obligation to notify the duration of the strike, as envisaged in Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike (Article 3. Right of workers’ organizations to organize their administration and activities and to formulate their programmes).

-  it also requested it to amend Ordinance No. 38PR/MTPTPT, which does not grant seafarers the right to organize or the right to strike and provides for sentences of imprisonment for breaches of labour discipline, in order to afford seafarers the guarantees established by the Convention (Article 2. Right of workers without distinction whatsoever to establish trade unions).

The Committee notes that, according to the Government, the current process of the adoption of the OHADA Code (Organization for the Harmonization of Business Law in Africa), a text that is of regional scope, will provide a basis for amending the Labour Code with regard to the first two points and, in relation to the third point, a new Maritime Code taking into account the observations of the Committee is currently being formulated.

The Committee requests the Government to ensure that, in the process of amending the labour legislation, the above comments are fully taken into account in order to ensure that the national legislation is in conformity with the Convention.

With regard to the obligation to file by-laws under penalty of a fine, the Committee requests the Government to provide information on the application of these provisions in practice, and particularly to indicate whether penalties have been imposed in this respect over recent years.

In relation to the trade union rights of seafarers, noting that a new Maritime Code is being prepared, the Committee trusts that the provisions of this Code will take fully into account its previous observations. Reminding the Government that it can receive the technical assistance of the Office as from the stage of the formulation of the draft legislation, the Committee requests it to communicate a copy of the text as rapidly as possible.

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The Committee notes the information contained in the Government’s report.

1. Article 2 of the Convention. Right to establish trade unions without prior authorization. The Committee notes that after consultation on the issue of the deposit of trade union by-laws in order to obtain legal personality, the Government and the social partners have concluded that the Labour Code needs to be amended and that the matter will be discussed in greater depth by the National Labour Council at its session in 2003. The Committee requests that the Government indicate the measures actually taken in this regard in its next report.

2. Article 2. Right of workers without distinction whatsoever to establish trade unions. The Committee recalls that in its previous comments it noted that seafarers are excluded from the scope of the Labour Code and are covered by Ordinance No. 38 PR/MTPTPT (which does not grant seafarers the right to organize or the right to strike and provides for sentences of imprisonment for breaches of labour discipline). Noting that the Government has taken note of its observation and will act on it in due course, the Committee requests the Government once again to grant seafarers the guarantees established by the Convention, and to send information in its next report on measures taken to that end.

3. The Committee notes the adoption of Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike. It notes, however, that section 8 of the Act still requires the strike notice to indicate the anticipated length of the strike. While noting that, according to the Government, the unions have no objection to this provision, the Committee recalls that to require workers’ organizations to specify the length of a strike amounts to a restriction on their right to organize their administration and their activities and draw up their programmes. The Committee again invites the Government to abolish the obligation to specify the length of the strike and to indicate the measures taken to that end in its next report.

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The Committee notes that according to sections 256 and 257 of the Labour Code, in cases where conciliation fails, the dispute is submitted to compulsory arbitration. The Committee, however, notes that the time limit within which the arbitration council must render its decision is not specified. It also notes the observation of the Government that the provisions of section 256 have never given rise to a case in practice which would demonstrate the duration of these time limits.

The Committee notes that under section 12 of the Bill on the exercise of the right to strike, recourse to the mediator may in no way affect the pursuit of the strike. It requests the Government to specify whether the same holds true in cases of recourse to arbitration.

Finally, the Committee notes that section 23 of the Bill on reductions in wages as a result of strikes should not appear under Title V concerning sanctions, but simply as a consequence of the strike.

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The Committee notes the information contained in the Government’s report, the case law communicated and Decree No. 99-436 of 13 September 1999 defining the different forms of trade union organizations and the criteria for representativeness.

1.  Article 2 of the Convention. The right to establish trade unions without previous authorization.  With reference to its earlier comments on the need to amend the 1998 Labour Code to remove the obligation to deposit trade union statutes with the competent authorities, including the Ministry of the Interior, in order to obtain legal recognition, under penalty of a fine, the Committee notes that according to the Government the deposition of statutes is not a prior condition to the establishment of trade unions but that it constitutes a condition of public announcement and that the fine which may be imposed in cases of non-respect of this provision is not severe, since its amount is from FCFA35 to 350.

The Committee notes that the requirement to deposit the statutes with the Ministry of the Interior is more than a simple condition of public announcement and that the fine imposable can be FCFA700 in recurrent cases, which could constitute a severe obstacle to the creation of a trade union. In this connection, the Committee recalls that under the terms of Article 2 of the Convention workers and employers shall have the right to establish organizations of their own choosing without previous authorization. The Committee therefore again invites the Government to take the measures necessary to remove the requirement to deposit the statutes with the Ministry of the Interior on penalty of financial sanctions and thus bring the legislation into conformity with the Convention. It requests the Government to indicate in its next report the measures effectively taken in this regard.

2.  Article 2. The right of workers, without distinction whatsoever, to establish trade unions.  The Committee notes that section 2 of the Labour Code excludes seafarers from its application and stipulates that they are covered by the 1968 Merchant Marine Code. Noting that the Merchant Marine Code (Ordinance No. 38 PR/MTPTPT of June 1968) does not grant seafarers either the right to organize or the right to strike, which in an intrinsic corollary of trade union rights, and provides for sentences of imprisonment for breaches of labour discipline (sections 209, 211 and 215), the Committee again requests the Government to ensure that seafarers benefit from the guarantees of the Convention and to keep it informed of measures taken in this respect.

3.  The Committee recalls the need to amend section 8 of Ordinance No. 69‑14 PR/MFPTRA of June 1969 concerning the exercise of the right to strike which allows prohibition of strikes in the private and public service where interruption of the service would harm the economy and the higher interests of the nation. It notes with interest that, under the terms of sections 1, 2 and 13 of the Bill concerning the exercise of the right to strike, civil servants, like other workers, have the right to strike and bargain collectively. The Committee notes that the Bill in question constitutes a step towards the application of the Convention with regard to the minimum service to be maintained in the event that a strike in strategic sectors would endanger the health or the safety of the whole of part of the population and provides for the repeal of Ordinance No. 69-14 PR/MFPTRA. The Committee notes that examination of this draft has been placed on the agenda of the May/June 2000 session of the National Assembly. It expresses the firm hope that the Bill will be rapidly adopted and promulgated and requests the Government to indicate in its next report information regarding the progress made in this regard.

4.  The Committee notes nonetheless, that under the terms of section 7 of the Bill concerning the exercise of the right to strike, workers’ organizations are obliged to give the competent authorities advance notice before resorting to strike action. Under section 8 of the draft, the advance notice must indicate, inter alia, the proposed length of the strike. The Committee considers that requiring the employees and their organizations to specify the length of a strike amounts to restricting the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their social and economic interests and achieve satisfaction in their claims. The Committee therefore requests the Government to eliminate the obligation to indicate in the notice the length of the strike referred to in the notice, and asks it to include details in its next report on the measures effectively taken in this connection.

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The Committee notes that according to sections 256 and 257 of the Labour Code of 1998, in cases where conciliation fails, the dispute is submitted to compulsory arbitration. The Committee however notes that it is not specified in which delay the arbitration council must render its decision. In this regard, the Committee requests the Government to indicate in its next report what are the delays in practice concerning the decisions rendered by the arbitration council.

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The Committee takes note of the information provided by the Government in its report concerning the new Labour Code in its amended form of 27 January 1998 (Act No. 98-004), and of the Bill concerning the right to strike.

With reference to its earlier comments on the need to amend legislation under which personnel in public or private enterprises, organizations and establishments whose operation is necessary to the life of the nation may be deprived of the right to strike when the interruption of their service would harm the economy and the higher interests of the nation (section 8 of Ordinance No. 69-14 PR/MFPTRA), the Committee notes with interest that, under the terms of sections 1, 2 and 13 of the Bill concerning the exercise of the right to strike, civil servants, like other workers, have the right to strike and to bargain collectively. The Committee notes that the Bill in question conforms to the principles of freedom of association with regard to the minimum service to be maintained in the event that a strike in strategic sectors would endanger the health or the safety of the whole or part of the population, and provides for the repeal of Ordinance No. 69-14 PR/MFPTRA of June 1969, on which the Committee wishes to make the following comments.

1. The right to establish trade unions without previous authorization (Article 2 of the Convention). The Committee notes that the new Labour Code of 1998 still contains a provision which contravenes the principles of freedom of association. Section 83 stipulates that, in order to obtain legal recognition, trade union statutes must be deposited with the competent authorities, including the Ministry of the Interior, under penalty of a fine, a provision which the Committee views with some concern. Making the deposition of a trade union's statutes with the Ministry of the Interior, on penalty of severe sanctions, a condition for the legal existence of that union may constitute an obstacle to the creation of trade unions. In this respect, the Committee recalls that under the terms of Article 2, workers and employers must have the right to establish organizations of their choice without previous authorization.

2. The right of workers without distinction whatsoever to establish and join trade unions (Article 2). The Committee notes that section 2 of the Labour Code excludes seafarers from its application and stipulates that they are covered by the 1968 Merchant Marine Code. Noting that the Merchant Marine Code (Ordinance No. 38 PR/MTPTPT of June 1968) does not grant seafarers the right to organize or the right to strike, which is an intrinsic corollary of the right to organize, but does provide for sentences of imprisonment for breaches of labour discipline (sections 209, 211 and 215), the Committee asks the Government to ensure that seafarers are granted the protection of the Convention.

The Committee asks the Government to indicate in its next report the measures taken or planned to amend the Labour Code in order to avoid making the deposition of trade union statutes with the Ministry of the Interior, under penalty of a fine, a condition for the establishment of the union. The Committee also requests the Government to keep it informed with regard to the definitive adoption of the Bill concerning the right to strike and of any measures taken or planned to extend the right to organize to seafarers.

Finally, the Committee is addressing a request directly to the Government.

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The Committee notes the information contained in the Government's report to the effect that the Act on the right to strike and the new Labour Code will be sent to the Committee as soon as they have been adopted by the National Assembly.

With reference to its previous comments on the fact that section 8 of Ordinance No. 69-14 PR/MFPTRA of 19 June 1969 on the right to strike provides that personnel in public or private enterprises, organizations and establishments whose operation is necessary to the life of the nation may be deprived of the right to strike when the interruption of their service would harm the economy and the higher interests of the nation, the Committee stressed the need to confine restrictions on the right to strike to cases in which the right to strike can be limited or prohibited, namely to strike to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and to ensure that any restrictions are combined with the appropriate guarantees. The Committee notes that the Government indicated in its previous reports that the Bill which is in process of adoption has taken its comments into account. In this regard, the Committee requests the Government to supply a copy of any legal text which is adopted, including the Labour Code, the Act respecting strikes or any other relevant texts.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments on the need to confine restrictions on the right to strike to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and to ensure that any prohibition is offset with the appropriate guarantees, the Committee notes the Government's statement in its report that the Bill which is being drafted has taken its comments into account.

However, the Committee notes that the Government's report does not contain information on the draft Labour Code which had been prepared with the technical assistance of the ILO. It requests the Government to supply information in its next report on the measures taken in this respect and to supply a copy of any legal text which is adopted, including the Labour Code, the Bill respecting strikes or any other relevant text.

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With reference to its previous comments on the need to confine restrictions on the right to strike to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and to ensure that any prohibition is offset with the appropriate guarantees, the Committee notes the Government's statement in its report that the Bill which is being drafted has taken its comments into account.

However, the Committee notes that the Government's report does not contain information on the draft Labour Code which had been prepared with the technical assistance of the ILO. It requests the Government to supply information in its next report on the measures taken in this respect and to supply a copy of any legal text which is adopted, including the Labour Code, the Bill respecting strikes or any other relevant text.

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With reference to its previous comments on the need to amend section 8 of Ordinance No. 69-14 of 19 June 1969 under which the right to strike may be restricted in public or private enterprises, organizations and establishments, so as to ensure that the limitation or prohibition of the right to strike is confined to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and that any prohibition should be offset by appropriate guarantees, the Committee notes with interest from the Government's report that its comments will be taken into account in the new Bill concerning the right to strike.

The Committee asks the Government to provide information in its next report on measures taken in this respect and to provide copies of the Labour Code and any other relevant legislation as soon as it has been adopted.

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The Committee takes note of the information contained in the Government's report to the effect that section 8 of Ordinance No. 69-14 of 19 June 1969 concerning the exercise of the right to strike, which provides that the personnel of public or private enterprises, organisations and establishments whose operation is necessary to the life of the nation may be deprived of their right to strike when the interruption of their service would be prejudicial to the economy and the overriding interests of the nation, has never been followed up by an implementing Decree specifying its scope. The Government nonetheless adds that requisition orders for agents of all public activity sectors were issued by the revolutionary Government at the time of the 1989 strikes, but that they remained without effect.

The Committee recalls that the limitation or prohibition of the right to strike should be confined to public servants acting in their capacity as agents of the public authority or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and that any prohibition should be offset by appropriate guarantees.

The Committee asks the Government to indicate in its next report the measures that have been taken to confine restrictions on the right to strike to the cases mentioned above.

Furthermore, the Committee again requests the Government to indicate whether the draft Labour Code prepared with the assistance of the International Labour Office has been adopted and, if so, to provide a copy of the final version.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

The Committee notes that section 8 of Ordinance No. 69-14 of 19 June 1969 concerning the exercise of the right to strike provides, amongst other measures, that the personnel of public or private enterprises, organisations and establishments whose operation is necessary to the life of the nation, may be deprived of their right to resort to strike when the interruption of their service could be prejudicial to the economy and the overriding interests of the nation.

The Committee asks the Government to indicate the public or private establishments, organisations or enterprises whose operation is necessary to the life of the nation and the circumstances in which, in the opinion of the Government, the interruption of the services of these establishments is liable to be prejudicial to the economy and the overriding interests of the nation. It also requests the Government to provide information on the cases in which this provision has been applied.

Furthermore, the Committee asks the Government to indicate if the draft Labour Code elaborated with the assistance of the ILO has been adopted and if so to communicate a copy of the final text.

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The Committee notes that section 8 of Ordinance No. 69-14 of 19 June 1969 concerning the exercise of the right to strike provides, amongst other measures, that the personnel of public or private enterprises, organisations and establishments whose operation is necessary to the life of the nation, may be deprived of their right to resort to strike when the interruption of their service could be prejudicial to the economy and the overriding interests of the nation.

The Committee asks the Government to indicate the public or private establishments, organisations or enterprises whose operation is necessary to the life of the nation and the circumstances in which, in the opinion of the Government, the interruption of the services of these establishments is liable to be prejudicial to the economy and the overriding interests of the nation. It also requests the Government to provide information on the cases in which this provision has been applied.