Benin, like many West African countries, remains a popular destination among  migrant workers both from the African continent and the world. In this article, Dialogue Migration lists the difficulties that migrant workers may face in the country and outlines some needed skills to develop for a smooth migration.

Migration to West Africa increased in numbers, but decreased in proportion to the population, from 2.5% in 1990 to 1.9% in 2020. However, this downward trend is largely explained by a reduction in the number of refugees since the 1990s, according to the International Organisation for Migration (IOM).  Nowadays, in West Africa, intra-regional migratory movements, mainly dominated by labour migration, attract about 7.5 million individuals. This is seven times greater than migration from West Africa to the rest of the world, including Europe and North America, according to the study titled “Crisis and Population in Africa“.  In Benin, migrant workers include communities from neighbouring countries such as Niger, Togo, Nigeria, Burkina Faso and nationals of other countries in  theWest African subregion, the rest of the continent and the world, including Asia and the West.

According to actors working on the issue of migration in Benin, including NGOs, most migrant workers face various constraints related to language barriers and non-compliance with the laws  protecting their rights and the exercise of their duties.

They also face violations that affect their human dignity, in relation to access to basic social services, particularly in the sectors of health, education, exploitation of natural resources, access to justice and administrative services, the actors note.

Precautions to take when emigrating to Benin

An individual leaves his or her country of origin for another for several reasons. The most fundamental reasons are survival and seeking a better life by getting a decent job. A better understanding of your migrant’s rights, obligations is crucial for a successful migration as well as knowing the organisations to turn to.

In order to emigrate to Benin, it is recommended to come with a passport or any valid travel document. International certificates of vaccinations are also required as well as  applying for and obtaining an online entry visa – if applicable. However, any African coming to Benin, regardless of his country of origin, has the possibility to stay in the country for 90 days without a visa. After this period, a visa or residence permit must be issued, depending on the activity carried out and the length of stay, in accordance with article 20  of the Act regulating the stay of foreigners in the Republic of Benin.

Guaranteed rights for migrant workers

In Benin, laws guarantee migrants rights and duties. These include the right to freedom of movement, the right of residence and the right of establishment. There is also the right to settle and live anywhere in Benin with one’s family, as well as the right to take up and exercise an activity, to perform a salaried activity under a fixed-term employment contract during the first two years of the foreigner’s or immigrant’s legal residence in Benin, as indicated in article 26 of Act No. 98-004 of 27 January 1998 on the Labour Code of the Republic of Benin and collective agreements.

Similarly, in Benin immigrants have the right to know their rights and duties. S/He has the right to the visa of the employment contract as a foreign worker (expatriate employee). Obtaining this visa is subject to the work permit. This permit has a renewable duration of 12 months, as indicated in articles 27 and 28 of the 1998 Act on the Labour Code of the Republic of Benin and collective agreements.

In the country, migrants have the right to education for themselves and their children, as well as access to work opportunities in the same way as Beninese nationals, although specificities exist. S/He also has the right to set up an apolitical association or integrate existing associations. Also, in connection with Sustainable Development Goal 3, s/he benefits from the right to a better standard of health. Once the conditions have been met, migrant workers in Benin have the right to apply for and obtain Beninese nationality. S/He also has the right to claim her/his rights, and to seize the competent courts to obtain justice if necessary. As for refugees, they have the right to seek asylum.

Duties of migrant workers in Benin

Like any other citizen living in Benin, the migrant worker has duties. Among these, article 20 of the Act on the regime of foreigners in the Republic of Benin  stipulates that they are required to obtain a residence permit no later than three months after their arrival in the country. The application file for a residence permit in accordance with Article 21 of the said Law consists of: a criminal record of the applicant from the country of origin or the last country of residence; a certificate of accommodation; a medical certificate; an employment contract endorsed by the competent services of the Ministry of Labour; justification of sufficient resources; a registration card in the commercial register or with a professional order for traders and other professionals; and the presentation of a Repatriation Bond or a deposit waiver.

Migrant workers also have a duty to acquaint themselves with the laws of the Republic of Benin.  To this end, the Multi-Stakeholder Platform on Migration in Benin (PMB) located at the Labour House in Cotonou is a partner willing to support migrant workers.

Similarly, migrant workers have a duty to respect the laws of Benin, their host country. S/He must complete the formalities to obtain the visa of the employment contract, as a foreign worker. Note that obtaining this visa is subject to the work permit. This permit has a renewable duration of twelve months, as specified in articles 27 and 28 of Act No. 98-004 of 27 January 1998 on the Labour Code of the Republic of Benin and collective agreements.

In addition, migrant workers have the duty to present themselves to the Head of their neighbourhood or village and to know the representation of their country of origin on Beninese territory. Also, s/he has a duty to send her/his children, girls and boys, to school; pay taxes regularly; provide for the needs of their children in accordance with the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and Law No. 2015-08 of 8 December 2015 on the Children’s Code. They also have the duty to cooperate with any competent service in the search for the truth and for the security of Benin, the host country.

It should be noted that Benin has variouslegal provisions developed within the framework of international conventions or bilateral agreements for the protection of migrants and members of their families. However, it is important to further popularise these laws and strengthen them where necessary. On the other hand, there is an urgent need to inform and train migrants on their rights and duties, as conferred by the normative framework that guarantees their protection in the Republic of Benin, states the Multi-Stakeholder Platform on Migration in Benin (PMB) –  A multi-stakeholder network created in 2019 and bringing together, among others, trade unions, civil society organisations, associations of migrants from the diaspora.