Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Benin (Ratification: 1960)

Article 2(2)(a) of the Convention. Work of a purely military character performed in virtue of compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the need to amend the texts regulating compulsory military service with a view to restricting the work exacted from conscripts, in the context of this obligation, to work or service of a purely military nature. The Committee notes the Government’s indication in its report that although military service in the national interest has in fact been suspended since 2010, the legislation of 2007 establishing military service in the national interest still needs to be brought into line with the provisions of ILO Conventions on forced labour.

The Committee recalls that work or service exacted in virtue of compulsory military service laws is only excluded from the scope of the Convention on condition that it is of a purely military nature. However, recruits to military service in the national interest may be assigned to socio-economic work under both Act No. 63-5 of 26 June 1963 concerning recruitment in the Republic of Benin and Act No. 2007-27 of 23 October 2007 establishing military service in the national interest and its implementing decree (Decree No. 2007-486 of 31 October 2007 establishing general conditions for the organization and performance of military service in the national interest):

• – according to section 35 of Act No. 63-5, the purpose of active military service is also to further the training of conscripts and employ them, inter alia, in specialized land army units to participate in the work of national construction;
• – according to sections 2 and 5 of Act No. 2007-27, the purpose of military service in the national interest is the mobilization of citizens so that they might participate in work for the development of the country; recruits may then be assigned to administrative units, production units, institutions and bodies with a view to participating in the performance of relevant work in the national interest which is of a social or economic nature;
• – according to section 18 of Decree No. 2007-486, recruits are engaged in socio-economic development work for nine months after completing two months of military, civic and moral training.

The Committee expresses the firm hope that the Government will take the necessary measures to bring the provisions of section 35 of Act No. 63-5 on recruitment in Benin, as well as those of Act No. 2007-27 establishing military service in the national interest and its implementing decree (Decree No. 2007 486), into line with the Convention.

The Committee also recalls that Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service is also contrary to Article 2(2)(a) of the Convention since it provides that persons subject to this civic and military service may be assigned to a production unit in accordance with their occupational skills and may be compelled to perform work which is not of a purely military nature. While noting the Government’s indication that Act No. 83-007 is no longer applied, the Committee trusts that the Government will not fail to take the necessary steps to repeal it formally.

The Committee is raising other matters in a request addressed directly to the Government.