Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Abolition of Forced Labour Convention, 1957 (No. 105) - Benin (Ratification: 1961)

The Committee notes with interest that a new Constitution was adopted in 1990 guaranteeing in particular, in sections 23, 24, 25 and 31, freedom of opinion and expression, freedom of the press, freedom of association and assembly, the right to hold processions and demonstrations and the right to strike. Under section 40, it is the duty of the State to ensure the dissemination and teaching of the Constitution, the Universal Declaration of Human Rights, the African Charter of Human and Peoples' Rights, and all international instruments that have been duly ratified concerning human rights. Under section 114, a Constitutional Court decides on the constitutionality of the law and guarantees basic human rights and fundamental freedoms. Under section 142, a central audio-visual and communication authority is responsible for guaranteeing and securing freedom and protection of the press. The Committee also notes that, according to the provisions of section 158, unless any new texts are issued, the legislation in force remains applicable pending the establishment of the new institutions, in so far as it is not contrary to the Constitution.

The Committee also notes Law No. 90-028 of 9 October 1990 providing amnesty for acts other than those of common offenders, committed between 26 October 1972 and 9 October 1990.

The Committee also notes the Government's statement in its report that work on the revision of texts that are contrary to the provisions of the Convention is under way. The Committee hopes that the Government will provide information on the measures taken or envisaged to ensure observance of the Convention with regard to a number of provisions to which the Committee refers in a request addressed directly to the Government.