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

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Articles 2 to 7 of the Convention. Migrants in abusive conditions. The Committee notes the Government’s indication that the activity reports of the labour inspection services include no mention of illegal employment of migrant workers for the period covered by the report. The Committee recalls that Member States should aim to methodically detect abusive living and working conditions for migrant workers on their territories (General Survey, Promoting fair migration¸2016, paragraph 519). The Committee requests the Government to take measures to determine whether there are illegally employed migrants on the national territory or labour migrants in abusive conditions. To this end, it requests the Government to strengthen the capacity of the labour inspectorate, prosecutors and the judiciary in respect of labour migration in abusive conditions (in particular through training courses on this subject) and to provide detailed information on the measures and activities implemented in this regard, as well as the number of cases of abuse of migrant workers identified or brought to the attention of the labour inspectorate and other authorities, and on the manner in which these cases were addressed (penalties imposed, remedies ordered, etc …)

Trafficking in persons. The Committee notes the Government’s indication that trafficking in persons is punishable under criminal law (sections 499 to 504 of the Criminal Code and sections 3 and 201 of the Children’s Code). The Committee also notes: (1) the establishment of an inter-ministerial committee to coordinate action against trafficking in persons; (2) the elaboration of a national policy to combat trafficking in persons and its action plan; and (3) the implementation of a regional project to support the combatting of trafficking in persons in the Gulf of Guinea countries (2019-2022), in which Benin, Côte d’Ivoire, Ghana, Guinea, Nigeria and Togo are participating, to overcome the trafficking of human beings in the region. The Government reports that under this programme, 9,200 victims of trafficking have been identified and taken into care; 120,000 migrants (or potential migrants) and 10,000 potential employers have received information on the issue of trafficking; 1,200 officers of the judicial police and actors in the criminal justice system have received training; 450 public officials of the internal security forces and institutions have received training; and 120 State and non-State entities have benefitted from regional exchange programmes. While welcoming the efforts made by the Government in combatting trafficking, the Committee notes that the report contains no information on the adoption of a bill on combatting trafficking announced earlier announced earlier and that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) remained concerned about the persistence of the trafficking abroad of Beninese children and migrant workers, sometimes in conditions akin to slavery, and recommended that the Government step up its efforts to combat these abuses, in particular by ensuring effective enforcement of the legislation, investigating cases of trafficking in persons, prosecuting and adequately sentencing perpetrators, and continuing to cooperate with States of residence of victims (CERD/C/BEN/CO/1-9, concluding observations, 16 September 2022, paragraphs 31–32). Regarding trafficking in persons, the Committee refers the Government to its comments on the application of the Forced Labour Convention, 1930 (No. 29). With specific reference to the protection of migrant workers, the Committee requests the Government to advise it on measures adopted to: (i) eliminate clandestine migration and the illegal employment of migrants and sanction the organizers of illicit or clandestine labour migration; (ii) establish contact and systematically exchange information with the States of the region; (iii) prosecute and impose penalties on the perpetrators of labour migration; and (iv) consult with the representative organizations of employers and workers in respect of the legislation and other measures aimed at combatting labour migration in abusive conditions, in particular trafficking in persons.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes that the Government still does not provide information on efforts made to draw up a national policy on equality of opportunity and treatment as required under Articles 10 and 12. The Committee recalls that the objective of the Convention is precisely that Governments declare and pursue an active national policy to ensure equality of opportunity and treatment for migrant workers, through the pursuit of a coordinated range of measures which may be implemented progressively and continuously adapted to respond to changing national circumstances (General Survey of 2016, paragraphs 166 and 168). The Committee again requests the Government to adopt and pursue in collaboration with workers’ and employers’ organizations, a national policy on equality of opportunity and treatment expressly providing for equality of opportunity and treatment between migrant workers and nationals, including the elements indicated in Article 12 of the Convention.

Article 14(c). Restrictions with regard to certain functions necessary in the interests of the State. The Committee notes the Government’s indications to the effect that: (1) Act No. 2015-18 of 1 September 2017 issuing the General Public Service Regulations as amended by Act No. 2017-43 of 2 July 2018 restricts access to public employment to persons holding Beninese nationality; (2) that this restriction aims to support national preference in employment; (3) that Decree No. 2018-283 of 4 July 2018 authorizes the recruitment of foreign nationals; and (4) on this basis, the Government recruits and employs foreign nationals. The Committee notes however that the functions and positions open to such recruitment are not specified in Decree No. 2018-283 of 4 July 2018, which provides that the functions and positions open to foreign nationals within the structures of the public administration shall be those set out in the organigrams of the said structures (section 2). The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (General Survey of 2016, paragraph 370). In consequence, it requests the Government to provide detailed information on the positions effectively open to recruitment of foreign nationals in practice. It also requests the Government to take steps to ensure that restrictions concerning access to the public service of non-national workers should be restricted to “limited categories of employment” and that they should be necessarily and strictly in the interests of the State. To this end, it invites the Government to take measures to amend the restriction of general access provided by Act No. 2015-18 of 1 September 2017 issuing the General Public Service Regulations.

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Article 14(a) of the Convention. Restrictions concerning employment and geographical mobility within the country. The Committee notes that the Government states, once again, that although Decree No. 77-45 of 4 March 1977, regulating the movement of foreign nationals, subjects foreign workers to special authorization to leave their town of residence in Benin, the Decree is in fact no longer applied and that in practice foreign nationals can move freely throughout the national territory. The Committee again urges the Government to take the necessary measures to formally repeal the restriction on the movement of migrant workers provided under Decree No. 77-45 of 4 March 1977, and also to indicate the obstacles to the repeal of the said Decree.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]

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Articles 2–7 of the Convention. Migrations in abusive conditions. The Committee notes the adoption, in December 2018, of the Global Compact for Safe, Orderly and Regular Migration (also known as the Marrakech Compact), which is a road map – a non-binding cooperation framework on migration – that recognizes that no State can resolve these problems alone. The Global Compact recognizes the need for a holistic approach to optimize the global benefits of migration by addressing the risks posed to individuals and the challenges faced by communities in countries of origin, transit and destination. It also notes that the African Union has announced 2019 as the Year of Migrants and Internally Displaced Persons, and that it has established an African Observatory for Migration and Development – an institution of the African Union (with its headquarters in Morocco) mandated to collect and analyse data on migration in Africa. The Committee requests the Government to provide information on the measures taken at national level within the framework of these different initiatives, particularly those relating to the fight against migrations in abusive conditions.

Trafficking in persons. Referring to its previous comments on measures to combat trafficking in persons, the Committee notes the Government’s indication that no cases of unlawfully employed migrants have been detected by the labour inspection services. It also notes the Government’s references to measures taken essentially to combat child trafficking and indication that some measures to combat trafficking in women have been adopted in the framework of the national policy and action plan on the promotion of women. The Government also refers to an annual awareness-raising campaign and training for magistrates, police officers and labour inspectors. In this respect, the Committee also refers to its 2018 direct request on the application of the Forced Labour Convention, 1930 (No. 29), in which a certain number of measures to combat trafficking in persons are noted, such as establishing an ad hoc interministerial committee; preparing a draft law to combat trafficking in adults; strengthening the capacities of the different actors involved and the control measures at borders and airports; and providing care for victims. The Committee requests the Government to intensify its efforts to combat trafficking and adopt more specifically targeted measures to: (i) determine whether there are unlawfully employed migrants in the country and migrations for the purposes of employment in abusive conditions; (ii) put an end to illicit migrations and unlawful employment of migrants, and punish those who organize the illicit or clandestine movement of migrants for employment purposes; (iii) establish contacts and systematic information exchange among States in the region; (iv) prosecute and punish those responsible for labour trafficking; and (v) consult the representative employers’ and workers’ organizations on legislation and other measures aimed at combating migrations for the purposes of employment in abusive conditions, including trafficking in persons. The Committee also requests the Government to take measures to ensure that the draft law to combat trafficking in adults is adopted in the near future and to provide information on the content of this text.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes that, in its report, the Government has still not developed or pursued a national policy on equality of opportunity and treatment for migrant workers. The Committee recalls that under Article 10, the State undertakes to declare and pursue a national policy designed to promote and to guarantee, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within its territory. In this respect, it also recalls that Article 12 provides that, if this national policy relating to equality of opportunity and treatment can be progressively implemented and adapted to national conditions, the authorities must take affirmative action measures to achieve this objective of equality of opportunity and treatment. The Committee once again requests the Government to provide information on all measures taken, in accordance with Article 10, to declare and pursue in collaboration with workers’ and employers’ organizations, a national policy on equality of opportunity and treatment explicitly including equality of opportunity and treatment between migrant workers and nationals, including the elements indicated in Article 12 of the Convention.

Article 14(c). Restrictions with regard to certain functions necessary in the interests of the State. In its previous comments, the Committee requested the Government to examine the reasons for which the restriction on access to state employment was applicable to all state jobs, and not to “limited categories of employment or functions”, and the extent to which such a general restriction was necessary “in the interests of the State”. The Committee notes that, like the former Public Service Regulations of 1986, Act No. 2015-18 of 2 April 2015 issuing the General Public Service Regulations grants access to the public service exclusively for Beninese nationals (section 11 et seq.). It also notes that the Government specifies that this provision gives priority to Beninese nationals in the access of employment. In this regard, the Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (2016 General Survey, Promoting Fair Migration, paragraph 370). The Convention therefore covers the situations where protection in the interest of the State justifies reserving certain jobs or functions, owing to their nature, for the nationals of the given State. In addition, the Committee notes that the notion of “public service” could cover a wide range of activities which can also vary considerably among countries (the same applies to public enterprises) and that, in these conditions, it could be helpful for governments to periodically examine their legislation and practice in the light of the criteria set out under Article 14(c). Consequently, the Committee once again requests the Government to examine the reasons for which the restriction on access to state employment is applicable to all state jobs, and not to “limited categories of employment or functions”, or those related to national sovereignty, and to specify the extent to which such a general restriction is necessary “in the interest of the State”. The Government is requested to provide information on the outcome of this examination.

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Article 14(a) of the Convention. Restrictions concerning employment and geographical mobility within the country. The Committee notes that, in reply to its request to promptly adopt measures to repeal Decree No. 77-45 of 4 March 1977 regulating the movement of foreign nationals and subjecting foreign workers to special authorization to leave their town of residence, the Government indicates once again that this Decree is no longer relevant and that, there is thus no restriction on the movement of foreign nationals in the national territory. The Government recognizes that this text has not been formally repealed and undertakes to complete the necessary formalities to ensure it is repealed as soon as possible. The Committee notes the fact that this decree has fallen into disuse but also observes that it has been raising this issue for over 20 years. Recalling that, under Article 14(a) of the Convention, migrant workers who reside lawfully in the country must have the right to geographical mobility, the Committee once again urges the Government to take the necessary measures to formally repeal Decree No. 77-45 of 4 March 1977 regulating the movement of foreign nationals, and to provide information on the measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 2 to 7 of the Convention. Trafficking in persons. Further to its previous comments on measures to combat trafficking in persons, the Committee notes the Government’s reference to the conclusion of bilateral agreements with France and Switzerland which contain provisions relating to the management of migratory movements and the Common Approach on Migration (2008) of the Economic Community of West African States (ECOWAS). This Approach envisages many types of action to combat irregular migration and human trafficking, such as awareness-raising and information campaigns, the strengthening of cooperation between countries of origin and host countries, action for the reintegration of irregular migrant workers returning to their countries, cooperation measures on judicial matters and assistance to victims of trafficking, and bringing national legislation into conformity with international standards respecting measures to combat trafficking in persons. The Committee requests the Government to provide specific information on the measures that it has adopted in practice and implemented with a view to: (i) determining whether there are illegally employed migrants and migration for employment in abusive conditions in the territory; (ii) suppressing clandestine movements of migrants and the illegal employment of migrants and action against organizers of illicit or clandestine movements of migrants for employment; (iii) establishing systematic contact and exchange of information with States in the region; (iv) prosecuting and imposing sanctions on the authors of labour trafficking; and (v) consulting representative organizations of employers and workers with regard to the laws and regulations and other measures intended to combat migration for employment in abusive conditions, and particularly trafficking in persons.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the Government’s indication that the formulation of a national policy on equality of opportunity and treatment is planned for 2013 and that the implementation of the third phase of the ILO programme to support the implementation of the Declaration (PAMODEC) will allow the process of formulating this policy to begin. The Committee requests the Government to provide information on any measures adopted, including in the context of PAMODEC, in collaboration with workers’ and employers’ organizations, to declare and pursue a national policy on equality of opportunity and treatment explicitly including equality of opportunity and treatment between migrant workers and nationals, including the elements indicated in Article 12 of the Convention.

Article 14(b). Recognition of vocational qualifications. The Committee notes the information provided by the Government concerning the type and number of foreign diplomas recognized by the National Commission for the Equivalence of Diplomas (CNEED) (213 in 2008, 521 in 2009 and 214 in 2010). The Committee requests the Government to continue providing information on the number and type of foreign diplomas recognized each year by the CNEED, with an indication, in so far as possible, of the proportion of diplomas obtained by foreign nationals resident in the territory of Benin.

Article 14(c). Restrictions with regard to certain functions necessary in the interests of the State. In its previous comments, the Committee recalled that, under the terms of section 12 of Act No. 86-013 of 26 February 1986 issuing the general statute of permanent state officials, only citizens of Benin could be appointed to state employment. Emphasizing the very general nature of this restriction, the Committee requested the Government to re-examine it in the light of Article 14(c) of the Convention. In the absence of a reply from the Government on this point, the Committee recalls once again that Article 14(c) allows the restriction of the access of foreign nationals to employment when two conditions are met: (a) exceptions are restricted to “limited categories of employment or functions”; and (b) they must be necessary “in the interests of the State”. In light of the conditions established by Article 14(c), the Committee requests the Government to examine the reasons for which the restriction on access to state employment is applicable to all state jobs, and not to “limited categories of employment or functions”, and the extent to which such a general restriction is necessary “in the interests of the State”. The Government is requested to provide information on the outcome of this examination and on any follow-up measures taken in this respect.

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Article 14(a) of the Convention. Restrictions on employment and geographical mobility in the country. The Committee notes that, in reply to its request for the adoption without delay of measures to repeal Decree No. 77-45 of 4 March 1977 issuing regulations respecting the movement of foreign nationals and requiring special authorization for foreign workers to leave their town of residence, the Government indicates that no migrant workers lawfully resident in the national territory are restricted in their movements and reaffirms that provisions will be taken with a view to repealing the Decree. Recalling that, under the terms of Article 14(a) of the Convention, migrant workers residing lawfully in the country shall have the right to geographical mobility, the Committee once again urges the Government to take the necessary measures to formally repeal Decree No. 77-45 of 4 March 1977 issuing regulations respecting the movement of foreign nationals and to provide information on the measures adopted for this purpose.

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 2 to 7 of the Convention. Human trafficking. With respect to its previous comments regarding measures to combat trafficking in human beings, in particular women, the Committee notes the information in the Government’s report on the application of the Cooperation Agreement of 9 June 2005 between Benin and Nigeria on the prevention, repression and suppression of human trafficking in children, and on the difficulties encountered to combat trafficking in women. While noting the Government’s commitment to resolve the situation, the Committee once again refers to Articles 2 to 7 of the Convention, pursuant to which measures aimed at combating migration in abusive conditions, including trafficking, should also include establishing systematic contact and exchange with other States, consultations with employers’ and workers’ organizations, prosecuting authors of human trafficking; and defining and applying effective administrative, civil and penal sanctions. The Committee hopes that the next Government’s report will contain additional information on the measures taken to give effect to Articles 2 to 7 of the Convention with a view to addressing irregular migration and human trafficking.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the Government’s statement that the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC) will be an opportunity to initiate measures to eliminate discrimination in employment and occupation between nationals and migrant workers, and that the Government is envisaging ILO technical assistance with a view to formulating a national policy on equality of opportunity and treatment. The Committee requests the Government to provide information on any measures taken, including in the context of PAMODEC, to declare and pursue a national policy on equality of opportunity and treatment that includes migrant workers, taking into account the measures set out in Article 12 of the Convention.

Article 14(b). Recognition of occupational qualifications. The Committee requests the Government to provide the information referred to in its report on the number and type of diplomas obtained abroad recognized by the National Commission for the Equivalence of Diplomas, which was not received.

Article 14(c). Restrictions with respect to functions necessary in the interest of the State. The Committee recalls the very broad and general restriction on the access of foreigners in state employment (section 12 of Act No. 86-013 of 26 February 1986 concerning the general statute of permanent agents of the State). Noting the Government’s statement that it will examine the concerns that it has raised, the Committee requests the Government to provide information on the progress made in examining its legislation in light of the criteria mentioned in Article 14(c) of the Convention.

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Article 14(a) of the Convention. Restrictions on employment and geographical mobility. The Committee recalls its previous observation in which it urged the Government to adopt without delay measures to repeal Decree No. 77-45 of 4 March 1977, issuing regulations respecting the movement of foreigners and requiring special authorization for foreigners to leave their town of residence. While noting the Government’s statement that Decree No. 77-45 of 4 March 1977 is obsolete, the Committee remains concerned that the failure to repeal Decree No. 77-45 gives rise to ambiguity in terms of the legal provisions to apply the Convention, and raises particular difficulties in the application of Article 14(a) of the Convention under which migrant workers lawfully in the country should enjoy geographical mobility in the same conditions as nationals. The Committee therefore once again urges the Government to adopt without delay the necessary measures to repeal Decree No. 77-45 of 4 March 1977 and to communicate the relevant text to the Office.

The Committee is raising other points in a request addressed directly to the Government.

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Articles 2 to 7 of the Convention. Human trafficking. The Committee notes the adoption of Act No. 2006-04 of 5 April 2006 concerning conditions for the movement of minors and suppression of the trafficking of children in Benin, as well as the multilateral agreement concerning the fight against child trafficking in West Africa, of 27 July 2005. It also notes the Cooperation Agreement of 9 June 2005 between Benin and Nigeria on the prevention, repression and suppression of human trafficking, in particular women and children. The Agreement contains measures to detect, prosecute and punish authors of human trafficking and measures to identify and protect victims of trafficking and ensure their repatriation, rehabilitation and reinsertion in society and the labour market. While welcoming these measures taken by the Government, the Committee also notes the concern expressed by the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) in 2005 at the lack of measures for preventing and combating the trafficking of women (A/60/38, July 2005). Furthermore, according to the report published in September 2006 by the United Nations Office on Drugs and Crime entitled “Measures to combat trafficking in human beings in Benin, Nigeria and Togo”, trafficking in Benin affects women from Niger, Nigeria and Togo, who are forced to engage in prostitution; women from Benin are also victims of trafficking in Belgium, France and Germany, mainly for the purpose of sexual exploitation. The Committee asks the Government to provide detailed information on:

(a) the implementation of the Cooperation Agreement with Nigeria of 2005, and the results achieved;

(b) other measures taken or envisaged to prevent and combat trafficking in human beings, in particular of women, recalling that pursuant to Articles 2 to 7 of the Convention, such measures should include establishing systematic contact and exchange with other States, to consult employers’ and workers’ organizations, to prosecute authors of human trafficking; and to define and apply effective administrative, civil and penal sanctions. With respect to child trafficking, the Committee refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Articles 10 and 12. Equality of opportunity and treatment. The Committee recalls the non-discrimination provisions (sections 4 and 5) of the Labour Code, 1998, with respect to recruitment and other labour conditions, including vocational training, career development, promotion, remuneration, provision of social benefits, or breach of the employment contract. The Committee further understands that the objectives of the second phase of the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC) include promoting equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation. The Committee encourages the Government to take the opportunity of the PAMODEC programme to declare and pursue a national policy on equality of opportunity and treatment that includes migrant workers, taking into account the measures contained in Article 12 of the Convention.

Article 14(b). Recognition of occupational qualifications. The Committee notes with interest Decree No. 2005-510 of 18 August 2005 creating the National Commission for the Equivalence of Diplomas. The Commission studies and approves the requests for recognition of vocational and academic diplomas acquired abroad which have been transmitted by the Minister of Higher Education. The Committee requests the Government to provide information on the number and type of diplomas obtained abroad recognized by the National Commission.

Article 14(c). Restrictions with respect to functions necessary in the interest of the State. The Committee recalls that section 12 of Act No. 86-013 of 26 February 1986 concerning the General Statute of Permanent Agents of the State provides that only Benin nationals can be nominated in state employment. The Committee points out that the “state employment” covers a wide range of activities and that Article 14(c) only permits restrictions on the access of foreigners provided that: (i) the exceptions relate to “limited categories of employment” or functions; and (ii) that they are necessary “in the interest of the State”. Considering the very broad and general restriction to access of employment of foreigners in state employment, the Committee asks the Government to re-examine its legislation in light of the criteria mentioned in Article 14(c) of the Convention, and to provide information on the progress achieved in this respect.

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Article 14(a) of the Convention. Restrictions on employment and geographical mobility. For a number of years the Committee has been requesting the Government to communicate to the Office the text repealing Decree No. 77-45 of 4 March 1977 issuing regulations respecting the movement of foreigners and requiring special authorization for foreigners to leave their town of residence. The Committee notes the Government’s statement that the Minister of Labour and the Minister of Interior and Public Security are currently discussing the repeal of this Decree. The Committee recalls once again that Article 14(a), while permitting during a preliminary phase certain restrictions on the free choice of employment of foreigners, these may not restrict the right to geographical mobility of migrant workers lawfully in the territory, which they must enjoy from the beginning of their stay in the same conditions as nationals (see also General Survey of 1999 on migrant workers, paragraph 397). The Committee urges the Government to adopt without delay measures to repeal Decree No. 77-45 of 4 March 1977.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]

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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.

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The Committee takes note of the information supplied by the Government in reply to its previous comments.

1. The Committee notes with regret that the Government has not yet supplied the text repealing Decree No. 77-45 of 4 March 1977 regulating the movements of foreigners, under which foreign workers need special permission to leave their town of residence. It hopes that the Government will supply the above text in the near future.

2. The Committee notes with regret that the draft reform of the Labour Code, the preparation of which was completed in January 1991 with the technical assistance of the Office, has still not been adopted. It hopes that the above Code will be adopted without delay and that the Government will supply a copy of the text in the near future, including the new provisions concerning eligibility to administrative functions and trade union leadership, including the guarantee of equality of treatment in respect of the trade union rights of migrant workers, in accordance with Articles 10 and 12(d) of the Convention.

3. In its previous comments, the Committee referred to the Government's statement that foreigners may not engage in certain activities in the public sector, such as banking, insurance and the supplying for ships, etc. It also noted the Government's statement that in the current process of structural adjustment foreigners have access to all jobs, provided that they possess the necessary competence.

The Committee notes that the Government has still not taken or envisaged any measures involving a re-examination of the legislation in the light of practice and the criteria set out in Article 14(c) of the Convention, under which it is possible to restrict access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee recalls that the Office is available to provide technical assistance and trusts that the Government will shortly report the progress achieved in this respect.

4. The Committee takes note of the Protocol of 29 May 1979 of the Economic Community of West African States (ECOWAS) on the free movement of persons, the right of residence and settlement, and the mutual administrative assistance agreement on customs, trade and immigration, of 10 December 1984, between Benin, Ghana, Nigeria and Togo. It also notes Act No. 90-004 of 15 May 1990 governing the notification of workers, recruitment and the termination of contracts of employment, as well as Decree No. 91-1 of 4 January 1991 issued under the above Act. It once again requests the Government to supply copies of the following texts, and of any other international agreement that is in force for Benin relating to the matters covered by the Convention: (i) the agreement on personnel engaged under mutual technical assistance and on the exchange of workers between the Republic of Benin and the Republic of Guinea; and (ii) the agreement between the Republic of Benin and the Federal Republic of Nigeria concerning the exchange of workers.

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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 following matters raised in its previous direct request:

1. Further to the previous comments concerning Decree 77-45 of 4 March 1977 regulating the movements of foreigners, according to which foreign workers needed special permission to leave their town of residence, the Committee noted from the Government's report that the decision to repeal that Decree was taken by the Council of Ministers at its meeting of 25 May 1990.

The Committee asks the Government to supply the text repealing Decree No. 77-45 of 4 March 1977.

2. The Committee noted previously that, under section 9 of the Labour Code, the members of a trade union responsible for its administration or leadership must be of Beninese nationality. The Committee notes that a draft Labour Code is in preparation; it hopes that the provisions concerning the eligibility of members of a trade union to its administration or leadership will be amended so as to guarantee to migrant workers equality of treatment in respect of trade union rights in accordance with the provisions of Articles 10 and 12(d) of the Convention.

The Committee asks the Government to supply the text of the Labour Code when it has been adopted.

3. The Committee has referred in its previous reports to a statement by the Government that foreigners may not engage in certain activities in the public sector such as banks, insurance, ship provisioning, etc. It has noted the Government's statement that, in the current process of structural adjustment, foreigners have access to all jobs when they possess the necessary competence.

The Committee again expresses the hope that the Government will re-examine the law in the light of practice and of the criteria mentioned in Article 14(c) of the Convention, which permits the restriction of access to limited categories of employment or functions where this is necessary in the interests of the State. It asks the Government to supply information on the measures taken or contemplated in that connection.

4. The Committee asks the Government to communicate the following texts and the text of any other international agreement in force for Benin relating to the questions dealt with by the Convention:

- Act No. 83-002 of 17 May 1983 regulating the recruitment of workers;

- Agreement on personnel engaged under mutual technical assistance programmes and on the exchange of workers between the Republic of Benin and the Republic of Guinea;

- Agreement between the Republic of Benin and the Federal Republic of Nigeria concerning the exchange of workers;

- Protocol to the Agreement on the free movement of persons dated 29 May 1975;

- Four-party agreement between Benin, Nigeria, Ghana and Togo on the measures to be adopted concerning repatriation, deportation, the safety and property of foreigners, and security.

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The Committee notes the Government's report.

1. Further to the previous comments concerning Decree 77-45 of 4 March 1977 regulating the movements of foreigners, according to which foreign workers needed special permission to leave their town of residence, the Committee notes from the Government's report that the decision to repeal that Decree was taken by the Council of Ministers at its meeting of 25 May 1990.