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

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 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.