Learning more about EA has helped me think deeper about issues, and have a broader scope in mind. This is a case study into workers’ rights in Benin that started as a university assignment but ultimately led to deeper research into the topic. It is a more or less finalized version of my research into the right to strike.
The right to strike is an integral element of workers' rights globally. It finds its foundation in the international labour standards adopted by the International Labour Organization (ILO). Even so, a number of countries have not ratified the ILO’s conventions on the right to strike, and some states that ratified the conventions have not taken the necessary steps to adopt compliant legislation. On top of this, the government of Benin claims that there are no issues regarding the right to strike[1], and that everything will sort itself out as Benin matures as a nation. The problem, however, is that although the United Nations, the International Labour Organization and the International Trade Union Confederation all state that the workers’ right to strike has been a problem for over 25 years, the matter has not been thoroughly discussed or tackled at an international level ever since.
The question I aim to answer is “What legislative measures can the government of Benin take to ensure that the workers’ right to strike is respected per international labor standards set by the ILO?”
Benin's legal framework does acknowledge the right to strike[2], however, it imposes limitations on its scope. In 2018, the government amended Act No 2001-09 of 2002, introducing Act No 2018-35[3], with the new legislation making it impossible for labour organizations to strike unless the negotiations between workers and employers have failed. Another requirement is the presence of a labour inspector or director, who has to sign the documents and endorse the strike. Furthermore, this amendment[4] restricts the maximum duration of a strike to 10 days per year for essentially all workers except those who are barred from striking - health-sector staff and military and paramilitary personnel, including police, customs, and water, forest, and hunting officers.
1. Alignment of Benin's Labor Laws with International Standards
Because of the new legislation, the right to strike is considered to not be respected, as the UN’s ECOSOC committee raised the issue in a dialogue with the country’s officials[5]. Experts “noted with concern the backward steps in the legislation that weakened labour rights and protection of workers and created a climate of harassment for labour and trade union activists”, showing that there are major discrepancies between Benin’s current legislation and the ones advocated for by the ILO and the UN. In this dialogue, Benin’s delegation claims that the 2018 legislation limiting the right to strike to 10 days is necessary, legal, and beneficial, by stating that the ‘law had been passed when the country needed it, it was in line with the Sustainable Development Goals and to the benefit of Benin’s people’. This discussion highlights the importance of context since Benin’s delegation can effectively claim the legality and necessity of this measure with virtually no resistance, especially for someone who is not familiar with the situation or the law. The idea that both sides fail to address is Benin’s ratification of ILO Conventions No. 87 and 98, with which their national law fails to fully comply to this day.
2. Challenges Faced by Workers and Trade Unions
The International Trade Union Confederation makes multiple claims about the alleged problems in Benin’s legislation, claiming the country perpetrates ‘systemic violations of rights’[6]. The article claims that even though the Constitution enshrines the right to freedom of association, the implementation is stringent, necessitating prior authorization for union establishment and adherence to multiple statutory requirements. Furthermore, anti-union discrimination is prohibited by law, a fact which was also mentioned in the UN discussion, but the Code doesn’t specify the clear grounds for registration and does not offer recourse to an independent body in cases of registration refusal, which the ITUC claims grants the government the ‘power to refuse official registration on arbitrary, unjustified or ambiguous grounds’. According to Act No 2018-35, establishing unions demands prior approval from diverse authorities and non-compliance leads to fines, which ITUC claims to hinder unions’ organizational autonomy. Moreover, the law predominantly recognizes enterprise-level unions, restricting broader worker organization forms, such as nationwide trade unions. Collective bargaining rights are recognized but tightly regulated, emphasizing stringent representation requirements and member thresholds.
The publication goes on to point out that even after getting the union approved, the right to strike is subject to a stringent authorization process, and has no recourse to an independent court, impacting lawful strike actions. Even further, essential service providers have a prohibition to strike, and during such actions, authorities can requisition workers for failing to provide a minimum service, which the ITUC claims to be affecting the strike's impact.
Overall, the International Trade Union Confederation claims that while Benin’s legal framework acknowledges fundamental rights, practical limitations curtail effective implementation, influencing the collective bargaining power and workers’ ability to strike in certain sectors.
3. Policy Enhancements for Compliance with International Standards
When it comes to the ways that Benin’s legislation can be adapted for international standards, the International Labour Organization mentions the issue that Benin has in their 1998 document ‘ILO Principles Concerning the Right to Strike’[7], which deals with compliance with Convention No. 87. Here, the organization states that Benin is depriving citizens of their right to strike when the interruption of services could harm the economy and the nation’s interest. Moreover, the ILO states that Benin’s government has reported that it was in the process of adopting a bill to amend the legislation, however, 25 years later, the country has not taken the necessary steps. The document containing the principles also points out that national legislation in the area of labour is not always respected in practice, especially when restricting basic trade union rights such as strike action, which is exactly the issue that Benin has. Even though, in theory, the country has ratified ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and Convention No. 98 on the Right to Organise and Collective Bargaining[8], the government has not taken the necessary legislative steps to comply, both in law and in practice.
The following are some ideas that can serve as a start into deeper research:
For Freedom of Association (ILO Convention No. 87):
For Right to Organize and Collective Bargaining (ILO Convention 98):
Bibliography:
[1] 'In dialogue with Benin […] about the weakening of labour rights and harassment of trade union activists' (OHCHR, 25 February 2020) https://www.ohchr.org/en/statements/2020/02/dialogue-benin-committee-economic-social-and-cultural-rights-asks-about accessed 2 November 2023.
[2] Benin Labour Code (1998) s 264. [3] US Department of State, '2018 Country Reports on Human Rights Practices: Benin' (2018) https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/benin/ [4] Benin, ‘Loi n°2018-34 du 05 octobre 2018 modifiant et complétant la loi n° 2001-09 du 21 juin 2002 portant exercice du droit de grève en République du Bénin.’ https://assemblee-nationale.bj/wp-content/uploads/2020/03/loi-2018-34-modifiant-le-droit-de-greve-au-benin.pdf.
[5] 'In dialogue with Benin […] about the weakening of labour rights and harassment of trade union activists' (OHCHR, 25 February 2020) https://www.ohchr.org/en/statements/2020/02/dialogue-benin-committee-economic-social-and-cultural-rights-asks-about.
[6] International Trade Union Confederation, 'Benin - ITUC Survey of violations of trade union rights' (2018) https://survey.ituc-csi.org/Benin.html?lang=en#tabs-2.
[7] International Labour Organization, 'ILO Principles Concerning the Right to Strike' (1998) p 50 https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/publication/wcms_087987.pdf.
[8] ILO, 'Ratifications for Benin' (NORMLEX, 2023) https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103028.
