Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

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.

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.