4 – Systematic violations of rights
The ITUC Global Rights Index

Benin

The ITUC affiliates in Benin are the Centrale des Syndicats de Secteurs Privé, Parapublic et Informel du Bénin (CSPIB), the Confédération des Organisations Syndicales Indépendantes du Bénin (COSI), the Confédération des Syndicats Autonomes du Bénin (CSA), the Confédération Générale des Travailleurs du Bénin (CGTB) and the Union Nationale des Syndicats des Travailleurs du Bénin (UNSTB).

Benin ratified Convention No. 87 on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
(1949) in 1968.

In practice

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Benin’s Constitutional Court bans the right to strike in the justice and health sectors28-06-2018

Benin’s Constitutional Court has banned the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by workers in the country’s defence, security, justice and health sectors, sparking concern among union officials and legal observers. The ruling, issued on 28 June 2018, came after months of wrangling between the government and the court, which had previously said the measure was unconstitutional. “Civil servants, public security forces and equivalents should fulfil their duties in all circumstances and not exercise their right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
,” the court said in its new ruling. “There should be no disruption to the duties of public sector defence, security, justice and health workers.” The decision was taken “in the public interest” and for “the protection of citizens”, it said. Unions have denounced this worrying sudden legal U-turn, describing it as shocking and a “hammer blow”.
Earlier this month, a close ally of President Patrice Talon, Joseph Djogbenou, was elected to lead the Constitutional Court during a vote held behind closed doors. Djogbenou is Talon’s former personal lawyer and was previously Benin’s minister of justice. Until his arrival, the court had strained relations with Talon, and had criticised the government for misunderstanding and failing to respect the constitution.
Last year, Benin was hit by a wave of public sector strikes, which brought the education, health and justice system to a near halt. The industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. was sparked by Talon’s attempts to introduce free-market reforms.

Ban on student union activities 20-02-2018

Despite being declared null and void for violating freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
and assembly by the Constitutional Court on 16 March 2017, the government has not seemingly annulled the decree, issued on 5 October 2016 by the Council of Ministers, banning all forms of protest, expression and meetings, for all federations, unions, associations or umbrella organisations in all national universities. Instead, a new decree passed on 2 October 2017 sets out the provisions governing the collaboration of student organisations with the state and the authorities of the public universities in the Republic of Benin.

Two trade union leaders detained 02-10-2017

On 2 August 2017, Clément Akiye, general secretary of the national police trade union SYNAPOLICE was detained on charges of negligence in the execution of a surveillance mission at the home of the former mayor of Cotonou. His arrest was made just days after a series of trade union actions and his denunciation in the media of several irregular appointments, selective sanctions and the discrimination suffered by the majority of Benin’s police officers.
A month later, in September 2017, Patrice Trekpo, acting general secretary of the national waters, forests and hunting union SYNA-EFC, was also detained for 60 days following his appearance on Golfe TV, on 3 September, during which he denounced the government’s reforms in the forestry sector, the absence of any framework for social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. , and the minister’s refusal to meet with the trade unions from the sector. In November, Patrice Trekpo was subjected to disciplinary proceedings.
Benin’s trade union centres, the CSTB, CSA-BENIN, CGTB, COSI-BENIN, UNSTB, CSUB and CSPIB, staged a peaceful march in October, followed by a sit-in, in November, at the Ministry of Living Conditions and Sustainable Development, to protest against these detentions, which constitute a violation of fundamental trade union rights and freedoms.
These arrests, viewed as acts of reprisal, could be linked to the proposal to set up a new internal security force, the Republican police, presented in July, under which security force officers would be denied the right to organise and to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Teachers complain of harassment over pay protest17-03-2015

On 17 March teachers represented by the national federation of education unions, the Fédération des Syndicats de l’Education Nationale (FESEN), went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to demand the payment of the 25 per cent index rise granted to other civil servants, rather than the monthly bonus of 10,000 Cfa francs offered by the government. Their demands also included the lifting of threats against teachers and unfair transfers for their part in the protests. During an earlier strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
that ended in May 2014, the union had also complained of threats against teachers’ union leaders.

Teachers’ protest march and strike action repressed12-02-2015

On the morning of 12 February 2015, police and gendarmes in the town of Abomey prevented a march by unions representing primary school teachers from going ahead. The march had been organised by the umbrella group “Forum des travailleurs et des peuples” (the Peoples’ and Workers’ Forum) to demand, amongst other things, the payment of six years’ worth of social security benefits. As soon as the march began, the protesters found themselves surrounded by uniformed police officers and gendarmes, who were there on the orders of the head of the local administration, the “Prefet”, Armand Maurice, who claimed their action was illegal. Faced with the intimidating presence of so many uniformed officers, the protestors turned their march into a sit-in.

General strike31-01-2014

Despite intimidation and threats to deduct wages, trade unions in Benin, including the CSTB, CSA-BENIN, CGTB, COSI-BENIN and CSPIB called for a general strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in January 2014 to protest against the repression of a peaceful and legal protest action on 27 December 2013. Government representatives, in particular the Chief of staff of the Minister of elementary and primary school education, Albert ADAGBE, and the Secretary General of the Government, Eugène DOSSOUMON, threatened workers through statements in the media. Workers marching in a protest organised by unions to call for an increase in the minimum wage in the private sector and state-owned companies, had been attacked by police leaving several people injured, including union leaders. Police had used tear gas to disperse hundreds of workers who were protesting peacefully. Trade unions demanded respect for democratic freedoms and trade union rights as well as safety for civil society organisations and political parties with opposing views.

Teachers’ strike in Benin20-03-2012

Two teachers were arrested for violating the ban on meetings in the workplace and 14 others manhandled and arrested at their director’s request for taking part in a sit-down strike sit-down strike A form of industrial action whereby workers occupy their workplace but do not carry out any work.

See strike
. Two trade union representatives, Jules Amoussouga and Cécil Ayadokoun, were also arrested for holding discussions with their colleagues regarding the continuation of the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. Although the teachers were subsequently released, these arrests are illustrative of the climate of repression in Benin.
On 14 March, the Council of Ministers decided on a range of measures including the deregistering of all teachers taking action or in any way involved in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The government has, moreover, started to hire military conscripts to replace striking workers.

No consultation over legislative changes11-01-2012

A draft law restricting the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is currently under consideration. The trade unions have roundly condemned the haste with which this initiative is being dealt with and the lack of consultation.

Right to strike flouted, collective bargaining at a standstill, anti-union attacks and interference 30-11-2009

Throughout the year, the authorities maintained a negative attitude in their relations with the trade unions, say union leaders. Two protest actions were declared illegal despite the precautions taken by the unions. The most representative organisations denounced the government’s efforts to silence them. In an attempt to stifle criticism of their poor management of the country and the deteriorating socio-economic situation, the government and the Head of State investigated the trade unions’ accounts (with the State’s General Inspectorate spending several weeks at the trade unions’ headquarters). They also backed “patriotic” trade unions and associations. The unions also reproached the authorities for their disregard for social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. . Meetings were rushed and constantly delayed, or the representative organisations were not invited, as the main teaching unions found when the National Education Council was set up in September. On 18 December, however, a National Consultation and Collective Bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
Commission was created.

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