Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

1. The Committee notes the information provided by the Government in reply to its previous comments. It notes with interest the adoption of Act No. 98 004 of 27 January 1998, issuing the Labour Code, and certain subsequent progress with regard to equality of treatment between nationals and migrant workers, particularly in relation to trade union rights. Section 82 extends the conditions for eligibility to administrative and executive office in a trade union, which were previously reserved for nationals of Benin or of any other country with which residence agreements had been concluded with reciprocity clauses respecting trade union rights. Henceforth, "the members responsible, in any capacity, for the direction or administration of a trade union shall be nationals of Benin or migrant workers regularly established on the national territory and enjoying all their civic rights". The Committee requests the Government to provide information in its next report on the application in practice of the new legislation in the fields relating to the application of the Convention.

2. However, the Committee notes with regret that the Government, despite several requests, has still not provided information on the repeal of Decree No. 77 45 of 4 March 1977 issuing regulations respecting the movement of foreigners and requiring special authorization for foreign workers to leave their town of residence. It once again hopes that the Government will soon provide information on the measures adopted in this respect.

3. The Committee also notes that the Government has still not taken measures to re examine its legislation in the light of the criteria set out in Article 14(c) of the Convention. The Committee recalls that this Article makes it possible to restrict access to limited categories of employment or functions where this is necessary in the interests of the State. The Committee trusts that the Government will soon report on the progress achieved in this respect.

4. The Committee notes that the measures taken to make regulations concerning the conditions for the recognition of occupational qualifications acquired abroad have resulted in the establishment of a national commission for the equivalence of diplomas, under the authority of the Minister of National Education and Scientific Research. It requests the Government to report on the work of the above commission and the progress achieved in this respect, in accordance with the provisions of Article 14(b).

5. The Committee notes the information provided by the Government concerning the measures to combat the trafficking of children for the purposes of employment. It requests the Government to keep it informed of agreements concluded with the countries of destination of these children and to provide it with copies of the above agreements. Furthermore, the Committee once again requests the Government to provide copies of any other international agreement in force for Benin related to the matters covered by the Convention.