Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee takes note of the information in the Government’s report. It also notes the comments of 28 August 2007 of the International Trade Union Confederation (ITUC) which concern matters already raised by the Committee in its previous observation.

1. Article 2 of the Convention. Right to form trade unions without prior authorization. In its last observation, the Committee requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade unions by-laws in order to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine. The Committee notes the Government’s indication that its comments, particularly on the need to amend section 83 of the Labour Code will be taken into account during the present revision of the labour legislation. The Committee trusts that the revision of the labour legislation will be completed shortly. It asks the Government to indicate in its next report all amendments made to bring the legislation into full conformity with the Convention.

2. Article 2. Right of workers without distinction whatsoever to form 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. In its report, the Government states that a new Merchant Navy Code is currently being considered by the National Assembly. Noting that under section 78 of the General Regulations of Seafarers of the Republic of Benin (Act No. 98-015) all seafarers have the right to organize, the Committee hopes that the new Merchant Navy Code will likewise grant to seafarers all the guarantees laid down in the Convention and requests the Government to provide a copy of the text with its next report.