Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

Article 1(a) of the Convention. 1. In its previous comments, the Committee noted that the provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press provide for sentences of imprisonment involving compulsory labour for certain acts or activities related to the exercise of the right of expression. The Committee referred in this connection to the following provisions: section 8 (deposit of the publication with the authorities before its circulation to the public); section 12 (permitting a ban on publications of foreign origin printed either inside or outside the country in French or in the vernacular); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (deformation and insult).

The Committee noted the information supplied by the Government in its report that a Bill on freedom of information and communication had been drafted. In its latest report, the Government states that the legislation on freedom of information and communication will be supplied in the near future.

The Committee hopes that the above Act will guarantee that no penalty of imprisonment involving compulsory labour can be imposed as a sanction for acts or activities relating to the exercise of the right of expression.

Article 1(c). 2. In its previous comments, the Committee noted that under sections 215, 235 and 238 of the Merchant Shipping Code, approved by Ordinance No. 38 PR/MTTPTPT of 1968, certain breaches of discipline by seafarers are punishable by imprisonment. The Committee noted that a draft of a revised Code no longer made such breaches punishable by imprisonment. The Committee notes the information provided by the Government in its report to the effect that a copy of the Merchant Shipping Code, as amended, will be supplied when it is adopted.

The Committee hopes that the Code, as amended, will be adopted in the near future and that it will comply with the Convention on this matter.

3. The Committee noted the Government's statement that a Bill respecting the exercise of the right to strike by civilian personnel employed by the State, territorial communities and public bodies and establishments, had been submitted to the National Assembly. In its latest report, the Government states that the Bill has still not been adopted. The Committee hopes that the Government will supply a copy of the text when it is adopted and enacted and that it will be in accordance with the Convention.

4. The Committee requests the Government to supply copies of the legislation that is in force respecting public security and public order.