Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

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.