Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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.