INTERNATIONALLY-RECOGNIZED CORE LABOUR STANDARDS IN BENIN

REPORT FOR THE WTO GENERAL COUNCIL REVIEW OF THE TRADE POLICIES OF BENIN

International Confederation of Free Trade Unions
(Geneva, 15-16 September 1997)

Introduction
EXECUTIVE SUMMARY
INTERNATIONALLY-RECOGNIZED CORE LABOUR STANDARDS IN BENIN

I. Freedom of Association and the Right to Collective Bargaining
II. Discrimination and Equal Remuneration
III. Child Labour
IV. Forced Labour

Introduction

Earlier this year, the ICFTU published reports on the respect of internationally recognized core labour standards in Fiji and in Paraguay, on the occasions of the trade policy reviews of those countries by the World Trade Orgaization (WTO). The ICFTU is preparing this series of reports in accordance with the Ministerial Declaration adopted at the first Ministerial Summit of the World Trade Organization (WTO) (Singapore, 9-13 December 1996), in which the Ministers stated: "We renew our commitment to the observance of internationally recognized core labour standards."

This report on Benin, prepared in consultation with the ICFTU affiliates the Union Nationale des Syndicats du Bénin (UNSTB) and the Central des Syndicats Autonomes (CSA), considers in turn the situation with regard to respect of each of the core labour standards in Benin.

EXECUTIVE SUMMARY

The record of Benin with regard to respect for core labour standards is mixed. Some of the fundamental workers’ rights guaranteed in the Singapore WTO Ministerial Declaration are respected in Benin but in other areas, Benin’s law and especially its practice stand in contradiction to the commitments it accepted at Singapore.

Benin has ratified both the main ILO Conventions on trade union rights, Conventions No. 87 and No. 98. In 1994 the government used direct repression as a means of stopping potentially inflationary wage increases, largely because this would have led to rising levels of imports and a worsening trade deficit. Since then, in general freedom of association and the right to collective bargaining have been respected. Some categories of civil servants falling into a classification of "essential services" are still denied the right to strike, in contravention of international labour standards. Most of Benin’s exports are of cotton, a sector where trade union organizing has generally not been undertaken and trade unions are not widely present.

While Benin has ratified both the main ILO Conventions in the area of discrimination, there is extensive evidence of discrimination against women. This has led to criticism by the ILO. Such discrimination undoubtedly has an impact on the prices in Benin’s important cotton export sector.

Benin has not ratified the main ILO Convention on child labour and there is evidence that child labour is a problem, including in the highly export-dependent cotton sector. In urban areas, child labour in the informal sector is widespread. Increased government efforts to eliminate child labour and ensure universal school attendance are certainly required.

Benin has ratified the main ILO Conventions on forced labour. Forced labour is not a generalized problem, although Benin has been criticized by the ILO for certain violations of the Conventions on forced labour.

INTERNATIONALLY-RECOGNIZED CORE LABOUR STANDARDS IN BENIN

I. Freedom of Association and the Right to Collective Bargaining

Benin has ratified both the main ILO Conventions on trade union rights, Conventions No. 87 and No. 98. In 1994 the government used direct repression as a means of stopping potentially inflationary wage increases, largely because this would have led to rising levels of imports and a worsening trade deficit. Since then, in general freedom of association and the right to collective bargaining have been respected in Benin. Some categories of civil servants falling into a classification of "essential services" are still denied the right to strike, in contravention of international labour standards. Most of the country’s exports are of cotton, a sector where trade union organizing has generally not been undertaken and trade unions are not widely present.

Benin ratified ILO Convention No. 87 (1948), the Freedom of Association and Protection of the Right to Organize Convention, in 1960 and ILO Convention No. 98 (1949), the Right to Organize and Collective Bargaining Convention, in 1968.

Under the Communist dictatorship which ruled Benin from 1972 to 1990, there was one single trade union centre which performed the classic Marxist-Leninist function of being a transmission belt for state policy. However, in 1990 trade unionists were among those who took the lead in supporting meaningful political change in Benin, bringing about the restoration of multi-party democracy. With the opening up of the political system the trade union movement split, resulting in the current existence of four national trade union centres.

Freedom of association has generally been respected since 1990, with the exception of the period following the devaluation of the CFA franc in January 1994. At that time, the government reacted with outright repression to the trade union demands for compensatory wage increases which ensued. It was feared that any such wage increases would strain public finances, stoke inflation and result in higher imports. The government banned an information meeting called by the joint trade union committee on 25 January 1994 at the trade union headquarters in Cotonou and sent soldiers to surround the building for 48 hours. The Ministry of the Interior then banned a general strike, supported by all the national centres, calling for pay rises and an increase in the minimum wage.

The government has not subsequently repeated such interventions in legitimate trade union actions. In 1996, major strikes at the country’s only international airport and in the state-owned petroleum company were settled without unlawful government intervention and resulted in agreements welcomed by the trade unions. In early 1997, the unions engaged in collective action to secure an increase in the minimum wage which they considered acceptable.

In general, labour legislation in Benin today satisfactorily protects trade union rights. Furthermore, there is some evidence that the law is effectively enforced. The law prohibits employer retaliation against strikers and provides for substantial penalties against employers who dismiss workers for trade union activities.

However, the ILO has directed repeated requests to the government of Benin to put its law in conformity with Convention No. 87, especially regarding the prohibition of the right to strike for civil servants where they are judged to be engaged in "essential services" and when the government decrees that the interruption of their service could be prejudicial to the economy. The ILO Committee of Experts on the Application of Conventions and Recommendations considers that the definition of "essential services" applied in Benin is unduly wide. It therefore provides an illegitimate means for the government to remove the scope for collective action by the workers concerned. While there was a tripartite agreement in principle in 1995 on a new revision of the Labour Code which would have amended the law to incorporate the right to strike for all categories of civil servants, the draft new Labour Code remains before Parliament and has still not been enacted.

The government has been further criticized by the ILO Committee of Experts on the Application of Conventions and Recommendations for its failure to take measures in accordance with Convention No. 98 to encourage and promote the development and utilization of machinery for the voluntary negotiation of collective agreement between employers and workers.

In Benin’s major export sector, cotton, trade unions are scarcely present on the production side, as it has not been possible to engage in trade union organizing in the small-scale and family ventures which characterize this sector. There is some trade union presence in cotton processing.

It is in relation to Benin’s imports that there has been a link with the respect of trade union rights. It must be emphasized that the government’s repression of legitimate trade union actions in the wake of the 1994 CFA franc devaluation, detailed above, was one among a number of similar and extremely serious violations of trade union rights undertaken by several governments in the CFA franc zone. Since one of the main purposes of the devaluation had been to render imports prohibitively expensive, reduce import consumption and so cut the countries’ trade deficits, many governments in the CFA franc zone reacted with extreme measures to trade union efforts to win some degree of compensatory wage increases for their members. The repressive actions of Benin’s government in 1994 provided an indication of its readiness at that time to engage in violation of trade union rights in order to prevent inflationary wage increases which could have led to an increase in import levels, nullifying the effect of the devaluation. Such action was a cause for very grave concern, providing a further example of the use of repression of workers’ rights as a strategy for affecting a country’s international trading position. In the event, such action proved to be fortunately short-lived and the government of Benin has not repeated such measures.

In conclusion, it may be said that fundamental workers’ rights in the area of freedom of association are, in general, respected in Benin.

II. Discrimination and Equal Remuneration

While Benin has ratified both the main ILO Conventions in this area, there is extensive evidence of discrimination, particularly against women. This has led to criticism by the ILO. Such discrimination undoubtedly has an impact on the prices in Benin’s important cotton export sector.

Benin ratified ILO Convention No. 100 (1951), Equal Remuneration, in 1968 and ILO Convention No. 111 (1958), Discrimination (Employment and Occupation), in 1961. However, there is extensive evidence of widespread discrimination in Benin.

In rural areas, women occupy a subordinate role and are responsible for much of the hard labour on subsistence farms. In formal-sector jobs, women tend to occupy the more menial and less well-remunerated jobs, due partly to their lack of educational qualifications relative to men - a structural problem of the educational system. Female literacy is about 16% compared with 32% for males. Women have about 25% of the jobs in the public sector, concentrated in the lower paid sectors, but only 8.4% of the jobs in the formal private sector. Certain public posts, for example in the post and telecommunications service, remain reserved for men. The government has stated its intention to change these regulations but has not done so.

The present Labour Code, dating from 1967, fails to provide for equal remuneration for work of equal value for men and women. While the government has argued that the new Labour Code will comply with international labour conventions concerning discrimination, as noted above the new Labour Code remains blocked by Parliament. Moreover, there is no evidence as to whether the appeal procedures that do exist for workers who believe they have been discriminated against with regard to remuneration are actively and effectively applied.

It is not clear how the law on non-discrimination in recruitment or in dismissal is enforced. The government has reported to the ILO that there has been no reported case of discrimination with regard to recruitment. This cannot mean there is no such discrimination; rather it must show that the women concerned lack confidence in the fairness of the system and so are not prepared to take action. Trade union reports in Benin provide much anecdotal evidence of dismissals of women due to maternity leave or to their refusal of sexual advances by their employers or superiors.

The government has not taken any measure to promote awareness by enterprises of the need for special measures to encourage the access of women to employment. Nor has it taken any steps to achieve equality of opportunity and treatment with regard to conditions of employment or access to vocational training.

People with disabilities face discrimination in employment, despite constitutional provisions specifying their equal rights. Many are unable to find employment and so resort to begging.

In conclusion, grave discrimination certainly persists in Benin. Discrimination in the rural areas of Benin almost certainly does have an effect on the price of its important cotton exports and there is a need for further research in this area. On the other hand, there is no evidence to indicate that international trade worsens the situation of discrimination in Benin.

III. Child Labour

Benin has not ratified the main ILO Convention in this area and there is evidence that child labour is a problem, including in the highly export-dependent cotton sector. In urban areas, child labour in the informal sector is widespread. Increased government efforts to eliminate child labour and ensure universal school attendance are certainly required.

Benin has not ratified ILO Convention No. 138 (1973), the Minimum Age Convention. While the Labour Code prohibits the employment or apprenticeship of children under 14 in any enterprise, this is enforced only in a limited manner and in the modern sector, due to lack of inspectors. Many children continue to work on rural family farms, on construction sites, as domestic servants and as street vendors. The age of compulsory education is only from 6 to 11 years. Primary school enrolment is about 66% and in some areas, girls receive no formal education.

The use of child labour in the countryside may make a contribution to the price of Benin’s exports in the important cotton sector. It would be desirable for the WTO to obtain information from the government of Benin or the ILO on efforts to reduce child labour. If such programmes are not being undertaken, there is a strong case for the WTO to propose that the ILO and other relevant UN agencies should provide advice and possible assistance to Benin to implement such measures.

IV. Forced Labour

Benin ratified ILO Convention No. 29 (1930), the Forced Labour Convention in 1960 and ILO Convention No. 105 (1957), Abolition of Forced Labour in 1961.

There is no indication of forced labour practices on a large scale in Benin. However, the ILO Committee of Experts on the Application of Conventions and Recommendations has been extremely critical of the fact that forced labour remains a penalty for certain acts or activities related to exercise of the right to freedom of expression, with particular regard to restrictions on press and publishers. The government has made no commitment to change such legislation.

Another law provides for one year’s compulsory civic service for all people having received a diploma upon the completion of their studies, whether at vocational, secondary or higher level. Benin has also been criticized by the ILO for this contravention of the international labour conventions in this area. The government has indicated its intention to change this provision.

CONCLUSIONS

The record of Benin with regard to core labour standards is mixed. Freedom of association is respected in law and, with certain exceptions, is largely respected in practice. The same is true of the prohibition of forced labour. However, Benin has not taken actions to comply with the ILO conventions on non-discrimination and it has a serious problem with child labour. In line with the commitments accepted by Benin at the Singapore WTO Ministerial Meeting and its obligations as a member of the ILO, the government of Benin should therefore provide reports to the WTO and the ILO on its legislative changes and promotional work in the areas of discrimination and child labour. The WTO should also request the ILO to intensify its work with the government of Benin in these areas and provide a report to the WTO General Council on the occasion of the next trade policy review.

References

Bankole, Nathalie, Le marché de l’emploi et la question de l’égalité des chances, report prepared for CSA/ICFTU/AFRO seminar, 1996.

ICFTU, Annual Survey of Violations of Trade Union Rights, 1995, 1996 and 1997 editions.

ICFTU, Democracy, Development and the Defence of Human and Trade Union Rights in Africa, 1991.

ICFTU African Regional Organization (ICFTU/AFRO), Les dimensions sociales de l’ajustement structurel au Bénin, report prepared for UNSTB/CSA/ICFTU/AFRO Conference, 1997.

ILO, Lists of Ratifications by Convention and by country, 1997.

ILO, Reports of the Committee of Experts on the Application of Conventions and Recommendations, editions from 1990 to 1997.

Osseni, Objo-Oba, Situation de l’Emploi au Bénin, report prepared for CSA/ICFTU/AFRO seminar, 1996.

Union Nationale des Syndicats du Benin (UNSTB), Les femmes travailleuses et la nouvelle vision du développement, report by Julienne Hounkpessode, 1996.

Upham, Martin, Trade Unions of the World, 1994.

US Department of State, Report on Human Rights Practices for 1996, 1997.