Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years the Committee has been drawing the Government’s attention to certain provisions of Act No. 60-12 of 30 June 1960 on the freedom of the press, under which various acts or activities relating to the exercise of freedom of expression are punishable by imprisonment, and that convicted prisoners may be assigned social rehabilitation work under the terms of section 67 of Decree No. 73-293 of 15 September 1973 issuing the prison regulations. The Committee referred more specifically to the following sections of the Act: section 8 (deposit of a publication with the authorities before its release to the public); section 12 (a ban on publications of foreign origin in French or the vernacular, printed within or outside the country); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publication of false reports); and sections 26 and 27 (slander and insults).

The Committee also referred to Act No. 97-010 of 20 August 1997 liberalizing audiovisual communication and establishing special penal provisions for offences relating to the press and audiovisual communications. While noting that the provisions of Act No. 97-010 prevail should they conflict with those of the Act on the freedom of the press, the Committee pointed out that the two Acts are different in scope, since Act No. 97-010 covers audiovisual communications and the Act on the freedom of the press covers printing, books and periodicals. This being the case, the Committee also drew the Government’s attention to certain provisions of Act No. 97-010: section 79(3), under which “any seditious shouting or chanting against the lawfully established authorities in public places or meetings” is punishable by imprisonment of six months to two years; section 81, under which causing offence to the President of the Republic is punishable by imprisonment of one to five years; and section 80, which establishes the penalty of imprisonment of two to five years for any provocation against the public security forces aimed at distracting them from their duty of defending security or of obeying the orders given by their chiefs for the enforcement of military laws and regulations.

The Government indicates in its report that the four laws governing the press (Act No. 60-12 of 30 June 1962 on the freedom of the press; Act No. 97-010 of 20 August 1997 liberalizing audiovisual communications; Act No. 84-007 of 15 March 1984 on advertising posters; and Ordinance No. 69-22/PR/MJL of 4 July 1969 establishing penalties for certain acts likely to cause a breach of the peace and for the publication, dissemination and reproduction of false reports) have become outdated in relation to the requirements of this sector and must be amended to be brought into line with international conventions. The Government also indicates that these legislative texts have been grouped together in one law, the draft of which will soon be referred to Parliament for adoption, and also that the Committee’s comments have been taken into account in this bill, so that the exercise of freedom of expression and the expression of views opposed to the established political, social or economic system will no longer incur the penalty of imprisonment.

While noting these indications, the Committee hopes that the bill will be adopted in the near future and that the legislation governing the press and audiovisual communication sectors will be amended in such a way that no penalty including compulsory labour may be imposed as punishment for expressing political opinions or for peacefully expressing opposition to the established political, social or economic system. Pending this revision, the Committee requests the Government to continue to supply information on the application in practice of Acts Nos 60-12, 97-010, 84-007, 69-22 and Ordinance No. 69-22/PR/MJL by the national judicial authorities, including the penalties imposed.

Article 1(c). Imposition of forced labour as a means of labour discipline. The Committee again notes the Government’s statement that the Merchant Shipping Code has been submitted to the National Assembly for adoption and that sections 215, 235 and 238 of the Code of 1968 will be amended to take account of the Committee’s comments. While noting these indications, the Committee expresses the strong hope that the Merchant Shipping Code will be adopted in the very near future, and that it will not contain provisions allowing the imposition of prison sentences involving the obligation to work for breaches of labour discipline where they do not endanger the safety of the vessel or the life or health of persons. The Government is requested to send a copy of the new Merchant Shipping Code once it has been adopted.