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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted a number of measures taken by the Government to combat trafficking in persons, including the establishment of an ad-hoc inter-ministerial committee to coordinate anti-trafficking efforts and the adoption of the Children’s Code (Act No. 2015-08 of 8 December 2015) that contains provisions relating to the sale and trafficking of children. The Committee requested the Government to intensify its efforts in this regard and to take the necessary steps to adopt appropriate legislative provisions criminalizing the trafficking of adults and to strengthen its institutional framework to provide adequate protection to victims.

The Committee notes the Government’s indication in its report that the bill to combat trafficking in persons is currently under review by the Supreme Court, after which it can be sent to the National Assembly for adoption. The Committee also notes that the new Criminal Code (Act No. 2018-16 of December 28, 2018) contains provisions covering all forms of trafficking. In particular, sections 499-501 of the Criminal Code prohibit trafficking in persons for the purpose of labour and commercial sexual exploitation and provide for a penalty of ten to twenty years’ imprisonment. The Government further indicates that a number of measures have been adopted to strengthen the institutional framework for combating trafficking in persons, which include the elaboration of a 2021-2025 Action Plan to Combat Trafficking in Persons in Benin; the establishment of special police units in risk areas; trainings for law enforcement bodies; strengthening airport controls for the identification of adult victims of trafficking travelling abroad as well as the cooperation with neighboring countries against transnational trafficking in persons. The Government further indicates that the statistical information on the court proceedings initiated with respect to the trafficking in persons cases and penalties imposed is currently being collected. The Committee welcomes the measures taken by the Government to strengthen the legislative and institutional framework to combat trafficking in persons, both for labour and sexual exploitation, and encourages the Government to continue its efforts in this regard. The Committee hopes that the bill to combat trafficking in persons will be adopted in the near future and that it will provide the adequate framework for planning, coordinating and strengthening the measures needed to prevent trafficking in persons, protect the victims and punish the perpetrators. The Committee further requests the Government to provide information on the adoption and the implementation of the 2021-2025 Action Plan to Combat Trafficking in Persons in Benin, including the specific measures taken and results achieved to prevent and combat trafficking in persons and to provide protection and assistance to victims. Lastly, it requests the Government to supply data on the application of sections 499-501 of the Criminal Code in practice, particularly information on the investigations carried out in relation of suspected cases of trafficking in persons, both for labour and sexual exploitation, the prosecutions initiated as well as the convictions and penalties imposed.

Article 2(2)(a). 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 legal texts regulating compulsory military service with a view to restricting the scope of work exacted from conscripts to work or service of a purely military nature, in accordance with Article 2(2)(a) of the Convention. The Committee particularly noted that conscripts to military service in the national interest may be assigned to socio-economic work under the following provisions of the Act No. 63-5 of 26 June 1963 concerning recruitment in the Republic of Benin; the Act No. 2007-27 of 23 October 2007 establishing military service in the national interest; and the 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; conscripts 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, conscripts are engaged in socio-economic development work for nine months, after completing two months of military, civic and moral training.

While noting that it was no longer applied in practice, the Committee also requested the Government to formally repeal Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service which is 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.

In its reply, the Government indicates that it has taken note of the Committee’s comments concerning the need to amend the above-mentioned legislative provisions and that this issue will be considered by the Ministry of National Defence. Recalling that the Government previously indicated that military service in the national interest had been suspended since 2010, the Committee firmly hopes that the Government will take the necessary measures to amend the aforementioned provisions of Act No. 63-5, Act No. 2007-27 and Decree No. 2007-486 so that any activity that could be imposed in the context of military service is restricted to work of a purely military nature. The Committee requests the Government to provide information on any progress made in this respect as well as on the measures taken to formally abrogate Act No. 83-007 governing civic, patriotic ideological and military service.

Article 2(2)(c). Sentences of community work. The Committee observes that sections 36, and 44 to46 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of community work which consists in an obligation to perform work during a period up to eighteen months. The Committee further observes that, according to section 58 of the Criminal Code, the nature and the modalities for the performance of community work shall be determined by a ministerial decree. The Committee requests the Government to indicate whether the ministerial decree has been adopted pursuant to section 58 of the Criminal Code and to submit a copy of it. Please also indicate if the courts have handed down sentences of community work.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee stressed the need to broaden the scope of the measures adopted to combat trafficking in persons, both at the legislative level and in the areas of awareness raising and the protection of victims. It noted the Government’s indication that trafficking mainly concerned children and that, from the legislative standpoint, the Government referred to the adoption of Act No. 2011-26 of 9 January 2012 concerning the prevention and elimination of violence against women, which criminalizes and penalizes forced prostitution. The Government also referred to a bill on combating trafficking in persons which was being drafted with support from the European Union. The Committee asked the Government to take the necessary measures to adopt the bill against trafficking in persons.

The Committee notes the Government’s indication in its report that action against trafficking in persons is a priority for the Government. This commitment is reflected in the strengthening of the legal framework, particularly through the adoption of Act No. 2015-08 of 8 December 2015 issuing the Children’s Code. The Government also indicates that it has adopted a number of measures to combat trafficking in persons, including: (i) establishing an ad hoc interministerial committee to coordinate anti-trafficking efforts; (ii) the forthcoming adoption of the act to combat the trafficking of adults; (iii) strengthening the capacities of the different actors involved in action against trafficking (judges, criminal investigation police, labour inspectors and social workers); (iv) the reinforcement of controls at borders and airports; and (v) providing care for victims. The Committee requests the Government to intensify its efforts to combat trafficking in persons, taking the necessary steps to adopt the bill against trafficking in persons in the very near future. It requests the Government to provide information on the practical steps taken to strengthen the institutional framework for combating trafficking, including awareness-raising measures for the competent authorities and the general public regarding the trafficking as well as protection and assistance of the victims. Lastly, the Committee requests the Government to provide information on any court proceedings initiated with respect to trafficking and, if applicable, any penalties imposed.

Article 2(2)(a). 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 scope of work exacted from conscripts, in the context of this obligation, to work or service of a purely military nature. The Government indicated that although military service in the national interest had in practice 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 the Conventions on forced labour. The Committee recalled 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, conscripts 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; conscripts 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, conscripts are engaged in socio-economic development work for nine months after completing two months of military, civic and moral training.

The Committee also recalled 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.

The Committee notes the Government’s indication in its report that military service in the national interest is not the equivalent of forced labour and that any work or service exacted under compulsory military service laws is of a purely military nature. In this regard, the Government refers to section 3 of the draft Labour Code, which excludes military service from the definition of forced labour. The Government adds that in practice military service in the national interest has been suspended since 2010 and that no Beninese citizens have performed military service. In order to remove any legal ambiguity regarding the application of Act No. 63-5 concerning recruitment in the Republic of Benin, Act No. 2007-27 instituting military service in the national interest and Act No. 83-007 governing civic, patriotic, ideological and military service, the Committee hopes that the Government will take the necessary steps to amend the aforementioned legal texts so that any activity imposed in the context of military service is restricted to work of a purely military nature.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee stressed the need to broaden the scope of the measures adopted to combat trafficking in persons, both at the legislative level and in the areas of awareness raising and the protection of victims. In its report, the Government reiterates that trafficking mainly concerns children and that all attempts are being made to eradicate it. From the legislative standpoint, the Government refers to the adoption of Act No. 2011-26 of 9 January 2012 concerning the prevention and elimination of violence against women and states that a bill on combating trafficking in persons is being drafted with support from the European Union. Finally, the Government provides statistics on violence against women for the 2011–13 period, which specifically list cases of trafficking in children and forced marriages.

The Committee takes note of this information. It notes that the Act of 2012 concerning the prevention and elimination of violence against women criminalizes and penalizes forced prostitution. Given that the legislative framework for combating trafficking is still incomplete, the Committee hopes that the Government will take the necessary measures to adopt the bill against trafficking in persons in the very near future and that its scope will extend to all the victims and all forms of trafficking, irrespective of whether it is for sexual or labour exploitation. The Committee hopes that the Government will take this opportunity to strengthen the institutional framework for combating trafficking, by incorporating these efforts into a strategy that comprises a number of components, namely prevention, capacity building and the coordination of the competent authorities in this area (labour inspectorate, police, public prosecutor and judiciary), as well as protection for the victims. Finally, the Committee requests the Government to provide information on any court proceedings initiated with respect to trafficking and, when applicable, any penalties imposed.

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

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.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments the Committee noted that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Office on Drugs and Crime (UNODC) had referred in their reports to cases involving the trafficking of women in Benin and the Committee asked the Government to supply information on the steps taken to combat and prevent this phenomenon. The Committee notes the indications in the Government’s report concerning the steps taken to combat trafficking and notes that these measures mainly relate to children. With regard to the trafficking of women, the Government refers in particular to the formulation of a national policy for the advancement of women and also to the drafting of a bill on the elimination of violence towards women and discrimination. The Committee notes this information and requests the Government to continue to supply specific information on the steps taken to combat the trafficking in persons, including measures taken for awareness-raising and protection of victims, and also any available statistics. It asks the Government to indicate the steps taken towards broadening the scope of the measures adopted to combat trafficking so as all victims are reached.

While noting the Government’s statement that the legislative provisions in force prescribing penalties for the perpetrators of trafficking are out of step with the socio-economic reality of the country and that reforms are in progress for the adoption of new provisions, the Committee requests the Government to send a copy of the new legislative provisions designed to combat the trafficking in persons, once they are adopted. The Government is also requested to send a copy of any court decisions issued in this area and also any information on penalties imposed.

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

Article 2(2)(a) of the Convention. Work of a purely military character performed in virtue of compulsory military service laws. In its previous comments the Committee drew the Government’s attention to the provisions of section 35 of Act No. 63-5 of 26 June 1963 concerning recruitment, according to which the purpose of active military service is, first, to provide conscripts with military instruction and also education intended to develop their civic sense and, second, to further their training and employ them, inter alia, in specialized army units to participate in the work of national construction.

The Committee notes the concise information supplied in the Government’s report to the effect that young persons receive training for working life in the context of military service and at the end of the training they are not subject to any commitment.

The Committee recalls that, under Article 2(2)(a) of the Convention, 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 character. On the other hand, the Convention is not opposed to the performance of non-military work by career members of the armed forces on a voluntary basis (see paragraph 46 of the Committee’s 2007 General Survey on the eradication of forced labour). However, under the provisions of Act No. 63-5, the work exacted from conscripts is not limited to work of a purely military character and can therefore be considered as forced or compulsory labour within the meaning of the Convention. The Committee therefore requests the Government once again to take the necessary steps to bring the provisions of section 35 of Act No. 63-5 into conformity with those of the Convention.

In its previous comments the Committee noted the adoption of Act No. 2007‑27 of 23 October 2007 establishing military service in the national interest, pursuant to Act No. 63-5 of 26 June 1963 concerning recruitment, on which the Committee has commented (see above), and also the adoption of Decree No. 2007-486 of 31 October 2007 establishing general conditions for the organization and performance of military service in the national interest. It noted that, under the terms of sections 2 and 5 of Act No. 2007-27, military service in the national interest consists of compulsory service for 12 months, supplements active military service and is compulsory for all Beninese nationals of both sexes aged between 18 and 35 years. The Committee noted that, under section 3 of the Act, the purpose of military service in the national interest is the mobilization of citizens with a view to their participation in work for the development of the country. Section 4 states that, after an initial phase of instruction, recruits are then 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, after two months of military, civic and moral training, recruits are engaged in socio-economic development work for nine months. The Committee noted that the provisions of Act No. 2007-27 and Decree No. 2007-486 do not satisfy the conditions of Article 2(2)(a) of the Convention, inasmuch as those conscripted for military service in the national interest are assigned to socio-economic development work which is not of a purely military character. The Committee therefore requests the Government once again to take the necessary steps to amend or repeal Act No. 2007-27 and Decree No. 2007-486 in such a way as to ensure their conformity with the Convention.

In its previous comments the Committee observed that Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service conflicts with the Convention since persons subject to this compulsory civic and military service are 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 character. The Committee noted the Government’s statement that this Act is no longer applied in practice. It again requests the Government to indicate in its next report whether Act No. 83-007 of 17 May 1983 has actually been repealed and, if so, to provide a copy of the repealing legislation.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. In its previous direct request, the Committee noted the concluding observations (July 2005) of the United Nations Committee on the Elimination of Discrimination against Women in which the latter Committee expressed concern at the lack of measures to prevent and combat the trafficking of women in Benin. The United Nations Committee asked the Government to take measures in this field “through the adoption and implementation of a comprehensive strategy, including national laws and subregional cross-border initiatives, to prevent trafficking, punish offenders and protect and rehabilitate victims” (document A/60/38). The Committee also noted a report published in September 2006 by the United Nations Office on Drugs and Crime entitled “Measures to Combat Trafficking in Human Beings in Benin, Nigeria and Togo”. The report formed part of the project of the same name launched by the United Nations Office on Drugs and Crime in these countries to improve the collection and analysis of data and information on the trafficking in persons with a view to improving the planning of the measures to be taken and strengthening the institutional capacity of these countries to combat trafficking. The report showed that in Benin trafficking affects women from Niger, Nigeria and Togo, who are forced to engage in prostitution; and women from Benin are also victims of trafficking in Belgium, France and Germany, mainly for the purpose of sexual exploitation. According to the report, cases of trafficking had already been tried by the courts, but the sentences imposed were extremely light.

The Committee notes the statistical data provided by the Government in its latest report which indicates that the number of persons convicted each year in the first-level courts for trafficking in persons more than doubled between 2003 and 2006. With regard to the sentences imposed on those convicted of trafficking, the Committee notes from the statistical data that, during the period 2003–06, in the very large majority of the sentences handed down, less than one year’s imprisonment was imposed (79.56 per cent), while in a small proportion of cases (20.44 per cent) the sentences imposed were between two and five years’ imprisonment. Finally, the Committee notes the indication that there are programmes to follow up and assist victims of trafficking in persons. While noting this information, the Committee would be grateful if the Government would provide fuller information on the extent of the phenomenon of trafficking in persons in Benin. Noting the Government’s indication in its report that on 30 August 2004 Benin ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Committee requests it once again to provide information on the measures adopted or envisaged to combat this phenomenon in terms of both prevention (activities to raise the awareness of the population as a whole and of the persons most at risk), suppression (strengthening legislative provisions, providing information and training to those involved in combating trafficking, especially the police and magistrates), the protection of victims and international cooperation. The Committee also requests the Government to provide copies of court decisions handed down in this field and to continue supplying information on the penal sanctions imposed. On this latter point, it recalls that, under Article 25 of the Convention, the penalties imposed by law on persons found guilty of the illegal exaction of forced or compulsory labour must be really adequate and strictly enforced. The Committee considers in this respect that the fact that the great majority of those found guilty of trafficking during the period 2003–06 were convicted to sentences of less than one year’s imprisonment is not such as to ensure that the repression of the crime of trafficking in persons is particularly effective. The Committee also requests the Government to provide precise information on the legal basis for these convictions. Finally, it requests the Government to indicate the progress made in relation to the Bill to combat trafficking in persons to which reference is made in Chapter 5.2.1 of the report referred to above of the United Nations Office on Drugs and Crime of September 2006 (www.unodc.org/documents/human-trafficking/ht_research_report_nigeria.pdf).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(a), of the Convention. Work of a purely military character performed in virtue of compulsory military service laws. In its previous comments, the Committee requested the Government to review the provisions of section 35 of Act No. 63-5 respecting recruitment of 26 June 1963 and to provide information on their application in practice. Under the terms of these provisions, the purpose of active military service is, first, to provide conscripts with military instruction and also education intended to develop their civic sense and, second, to further their training and employ them, inter alia, in specialized army units to participate in the work of national construction. Under these provisions therefore, and contrary to the terms of Article 2(2)(a) of the Convention, the work exacted from conscripts may not be of a purely military character and shall consequently be considered as forced or compulsory labour within the meaning of the Convention. In its 2006 report, the Government indicated that information on the effect given in practice to section 35 of the Act would be provided in the near future. However, the Committee notes that the Government’s latest report does not contain information on this matter. The Committee therefore requests the Government to take the necessary measures to bring the provisions of section 35 of Act No. 63-5 into conformity with those of the Convention.

The Committee notes the adoption of Act No. 2007-27 of 23 October 2007 establishing the military service of national interest, issued under Act No. 63-5 respecting recruitment of 26 June 1963, on which the Committee has commented (see point 1 of this observation), and the adoption of Decree No. 2007-486 of 31 October 2007 establishing general conditions for the organization and performance of military service in the national interest. It notes that under the terms of sections 2 and 5 of Act No. 2007-27, the military service of national interest, to which all nationals of Benin of both sexes aged between 18 and 35 years are subject, consists of compulsory service for 12 months and supplements active military service. By virtue of section 3, the purpose of military service of national interest is the mobilization of the citizens with a view to their participation in work for the development of the country. Section 4 provides that, after a first stage of instruction, recruits are then assigned to administrative units, production units, institutions and bodies with a view to participating in the performance of relevant work of national interest that is of a social or economic nature. The Committee further notes that section 18 of Decree No. 2007-486 specifies that, following two months of military, civic and moral training, the conscripts are engaged in work for socio-economic development for nine months. The Committee recalls that under the terms of Article 2(2)(a) of the Convention, 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 character. The Committee notes that the provisions of Act No. 2007-27 and of Decree No. 2007-486 are not in compliance with this condition as those conscripted for military service of national interest are assigned to work for socio-economic development that is not of a purely military character. The Committee therefore requests the Government to take the necessary measures to amend or repeal Act No. 2007-27 and Decree No. 2007-486 so as to ensure conformity with the Convention.

For many years, the Committee has been drawing the Government’s attention to the need to amend Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service. The Committee observed that this Act is in contradiction with this provision of the Convention as persons subject to this compulsory civic and military service are assigned to a production unit in accordance with their occupational aptitudes and may be compelled to perform work that is not of a purely military character. As the Government indicated in this respect that the Act is no longer applied in practice, the Committee requested it to confirm that the Act had been formally repealed. In its report received in November 2006, the Government indicated that information on this matter would be provided to the ILO. However, the Government’s latest report does not contain any information on this matter. The Committee therefore once again requests the Government to indicate whether Act No. 83-007 of 17 May 1983 has actually been repealed and, if so, to provide a copy of the repealing Act.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(a) of the Convention. Work of 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 Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service. Pursuant to this Act, persons subject to compulsory civic and military service are assigned to a production unit in accordance with their occupational aptitudes and may be compelled to perform work which is not of a purely military character, contrary to the provisions of Article 2(2)(a) of the Convention. Since the Government indicated that, in practice, the Act had not been applied since 1985 and that the legislation governing military service was Act No. 63-5 of 26 June 1963 concerning recruitment, the Committee asked it to confirm that Act No. 83-007 had been formally repealed. The Committee notes that the Government indicated, in its last report received in November 2006, that the information on this matter would be sent in the near future. Since this information has not been sent in the meantime, the Committee requests the Government once again to indicate whether Act No. 83-007 has actually been repealed and, if so, to send a copy of the repealing Act in order to align the legislation to practice and thereby ensure greater legal certainty.

With regard to Act No. 63-5, which provides for compulsory military service for men and women, such service being divided between a period of activity, a period of availability and a reserve period, the Committee has previously asked the Government to provide information on the application in practice of section 35 of the Act. By virtue of this provision, the purpose of active military service is, first, to provide conscripts with military instruction and also instruction intended to develop their civic sense and, secondly, to further their instruction and employ them, inter alia, in specialized army units to participate in the work of national construction. Under this provision, therefore, contrary to the terms of Article 2(2)(a) of the Convention, the work exacted from conscripts may not be of a purely military character and consequently shall be considered as forced or compulsory labour within the meaning of the Convention. The Committee notes the Government’s indication in its last report that the information on the practical application of section 35 of the Act will be sent in the near future. The Committee hopes that the Government will be able to review the provisions of section 35 of the Act in the light of the above considerations. In the meantime, the Committee requests the Government once again to supply information in its next report on the practical application of section 35 of Act No. 63-5 concerning military recruitment, indicating the nature of the work performed in army units as participation in the work of national construction.

Articles 1(1) and 2(1). Trafficking in persons. The Committee notes the Government’s information on the measures taken to combat the trafficking of children, especially the adoption of Act No. 2006-04 of 5 April 2006 concerning conditions for the movement of minors and suppression of the trafficking of children in Benin. It notes that this Act explicitly prohibits the trafficking of children and makes perpetrators of this criminal offence liable to imprisonment of 10–20 years. All this information is being examined by the Committee in the context of the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

As regards the trafficking of adults, the Committee notes that the United Nations Committee on the Elimination of Discrimination Against Women, in its concluding observations in July 2005, expressed its concern at the lack of measures for preventing and combating the trafficking of women. The Committee asked the Government to take measures “to combat trafficking in women through the adoption and implementation of a comprehensive strategy, including national laws and subregional cross-border initiatives, to prevent trafficking, punish offenders and protect and rehabilitate victims” (document A/60/38). The Committee also takes note of a report published in September 2006 by the United Nations Office on Drugs and Crime entitled “Measures to combat trafficking in human beings in Benin, Nigeria and Togo”. The report forms part of the project of the same name launched by the United Nations Office on Drugs and Crime in these countries to improve the collection and analysis of data and information on the trafficking of persons with a view to better planning of measures to be taken and to strengthen the institutional capacity of these countries to fight trafficking. The report shows that in Benin trafficking affects women from Niger, Nigeria and Togo, who are forced to engage in prostitution; and women from Benin are also victims of trafficking in Belgium, France and Germany, mainly for the purpose of sexual exploitation. According to the report, cases of trafficking have already been tried by the courts but the sentences imposed have been extremely light.

The Committee would be grateful if the Government would provide further information on the extent of the phenomenon of the trafficking of persons in Benin. In particular, it requests the Government to supply information on the steps taken or envisaged to combat this phenomenon, in terms of prevention (raising the awareness of the general public and of the persons most at risk); in terms of suppression and punishment (strengthening legislative provisions, providing information and training for those involved in combating trafficking, especially the police and magistrates); in terms of the protection of victims; and in terms of international cooperation. The Committee also requests the Government to provide information on court decisions issued in this field and penal sanctions imposed. It reminds the Government in this respect that, under Article 25 of the Convention, the penalties imposed by law for the exaction of forced labour must be really adequate and strictly enforced.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2, paragraph 2(a), of the Convention. Work of purely military character of 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 Act No. 83-007 of 17 May 1983 governing civic patriotic, ideological and military service. Persons who are subject to this compulsory civic and military service, assigned to a production unit in accordance with their occupational aptitudes, may be compelled to perform work which is not of a purely military character, contrary to the provisions of Article 2, paragraph 2(a), of the Convention. In its previous report, the Government indicated that, in practice, the Act had not been applied since 1985 and that the legislation governing military service was Act No. 63-5 with respect to recruitment of 26 June 1963.

The Committee notes that, under the terms of Act No. 63-5, military service, which is compulsory for men and women, is divided between a period of activity, a period of availability and a reserve period. By virtue of section 35 of the Act, the purpose of active military service is, firstly, to provide conscripts with military instruction and instruction intended to develop their civic sense and, secondly, to further their instruction and employ them, inter alia, in specialized units of the army to participate in the work of national construction. The Committee recalls that, under the terms of Article 2, paragraph 2(a), of the Convention, work exacted in virtue of compulsory military service laws must be of a purely military character if it is not to be considered as forced or compulsory labour within the meaning of the Convention. It therefore requests the Government to provide information on the application in practice of section 35 of Act No. 63-5 on military recruitment, with an indication of the nature of the work performed in army units as participation in the work of national construction.

Finally, the Committee would be grateful if the Government would confirm that Act No. 83-007 of 17 May 1983 respecting civic, patriotic, ideological and military service, referred to above, has formally been repealed.

2.  Trafficking in children. In its previous comments, the Committee noted the information contained in the report "Combating trafficking in children for labour exploitation in West and Central Africa, 2001" of the International Programme on the Elimination of Child Labour (IPEC), to the effect that in Benin many young children fall victim to trafficking to other countries, such as Nigeria, Côte d’Ivoire, Gabon and Cameroon, for the exploitation of their labour. It requested the Government to provide information on the measures taken to eliminate trafficking in children, ensure that means of redress are available to the victims of trafficking and that penalties are imposed on the culprits.

The Committee notes that in 2001 the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and provided the first report on its application in 2003. This Convention provides in Article 3, paragraph (a), that the worst forms of child labour comprise all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour. The Committee draws the Government’s attention to the fact that the protection of children is reinforced by the fact that Convention No. 182 places the obligation upon the States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In these circumstances, the Committee requests the Government to refer to its comments on the application of Convention No. 182.

3. Article 2, paragraph 2(d). The Committee notes that Ordinance No. 69-14/PR/MFPRAT of 19 June 1969, on which it has been commenting for many years, was repealed by Act No. 2011-09 of 21 June 2002 respecting the exercise of the right to strike. The Committee notes with interest that this Act confines the power of requisitioning to cases of strikes in which public officials and employees have not organized a minimum service in essential public, semi-public or private establishments the total stoppage of which would seriously jeopardize the health and safety of the population. Under the terms of section 14 of the Act, essential services are considered to be those relating to health, safety, energy, water, air transport and telecommunications, with the exception of private radios and television stations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Article 2, paragraph 2(a), of the Convention. In its previous direct request the Committee noted the Government’s statement that Act No. 83-007 (concerning civic and military service) was to be amended to specify that during civic and military service, conscripts would only be required to do work of a purely military nature. The Committee notes that, according to the Government’s last report, military service is governed by Act No. 63-005 and not Act No. 83-007 and that the latter is no longer applied. The Government also referred to a letter from the Minister of Defence on this matter, but omitted to enclose it with its report, contrary to what was indicated by the Government. The Committee asks the Government to provide a copy of Act No. 63-005 and the letter of the Minister of Defence in order that the Committee may satisfy itself that the Convention is being applied.

2. Article 2, paragraph 2(d). For many years the Committee has been referring to the provisions which allow workers on strike to be requisitioned under penalty of fine or imprisonment (Act No. 69-14/PR/MFPRAT of 19 June 1969). In its last report the Government indicated that the National Assembly had placed the Bill on the exercise of the right to strike on the agenda of its May-June 2000 session. The Bill would limit the requisitioning of public servants and other employees of public, semi-public or private enterprises and establishments who strike without a minimum service being organized, and thus cause serious prejudice to the safety and health of the population. The Committee notes the Government’s statement in its report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), to the effect that the Bill has already been adopted by Parliament and will be promulgated very shortly by the President of the Republic. The Committee asks the Government to provide a copy of the new Act once it has been promulgated.

3. The Committee notes the information contained in the report "Combating trafficking in children for labour exploitation in West and Central Africa, 2001" of the International Programme on the Elimination of Child Labour (IPEC), to the effect that in Benin many very young children fall victim to trafficking and are sent to other countries such as Nigeria, Côte d’Ivoire, Gabon and Cameroon where they are employed in plantations, in the informal sector, as itinerant traders or domestic workers. According to the same report, the intermediaries recruit them by promising them a job and to look after them, and give their families small sums of money. However, working conditions prove to be very different: excessively long working hours, non-existent or very low wages and risks to their health and safety from using dangerous chemicals or handling dangerous tools. The Committee notes that, according to the same report, an anti-trafficking action plan involving the nine countries of the subregion, one of which is Benin, is currently being developed and that the Government has undertaken measures to combat the trafficking; however, certain shortcomings, particularly regarding means of redress, make it impossible for children to denounce the forced labour and impairment of their rights, since one must be 18 years of age in order to file a complaint. The Committee recalls that, in accordance with Article 25 of the Convention, penal sanctions must be imposed on persons found guilty of exacting forced labour, and asks the Government to provide all information available on the measures taken to ensure that means of redress are available to the victims of the trafficking, and on the penalties imposed on the culprits. The Committee notes that a Bill on the displacement of children is currently being studied by the Ministries of Justice and of Health and Social Protection. The Committee asks the Government to provide a copy of the Bill as soon as it becomes law and to provide information on any measures taken to eliminate trafficking in children, thereby ensuring observance of the Convention.

4. The Committee notes the information supplied by the Government on the other points raised in its previous direct request.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report.

1. Article 1, paragraph 1, and Article 2, paragraph 2(a), of the Convention. Further to its earlier comments, the Committee notes that, according to the Government, Act No. 83-007 concerning civic and military service is no longer applied and no one has been liable to such service since 1985. The Government states that the Act in question is to be amended and will stipulate that, during miliary service, conscripts will only be required to do work of a purely military nature. The Committee recalls, however, that concern about this legislation has been the subject of its comments for more than ten years and again expresses the hope that the Government will do everything in its power as quickly as possible to ensure that legislation is either amended or repealed so as to conform with the provisions of the Convention.

2. Article 1, paragraph 1, and Article 2, paragraph 2(d). Further to its earlier comment, the Committee notes that a Bill No. 98-109 on the exercise of the right to strike has been submitted to the National Assembly on 20 March 1998. The Bill would limit the requisitioning of public servants and other workers on strike in semi-public or private enterprises. Given that this question has been the subject of the Committee's comments for more than 20 years, the Committee expresses the hope that the Bill will be adopted soon so as to bring legislation into conformity with the Convention. The Committee requests the Government to provide information on developments.

3. Article 1, paragraph 1, and Article 2, paragraph 1. The Committee notes the public service voluntary departure programme and information provided by the Government in reply to its previous comments. The Committee also notes the number of officers and non-commissioned officers in the armed forces who had, at their request, taken advantage of this programme and the number of such requests which had been refused. The Committee requests that the Government continue to provide such data.

4. The Committee recalls that the Government previously indicated its intention of including, in Order No. 207 of 6 July 1979 concerning the entry competition to agricultural polytechnic establishments, a repayment clause linked to the length of training received. In its last report, the Government states that the Order is no longer applied. The Committee recalls that repayment is only one of the options that should be available to public servants for leaving their employment and refers the Government again to the explanations given in the 1979 General Survey on the abolition of forced labour, paragraphs 55 to 62. It requests the Government to indicate what provisions and practices now apply as regards the freedom of labour of the persons concerned.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee has noted the information contained in the Government's report received in November 1993. It has noted in particular that the legislation is still under review.

1. Article 2, paragraph 2(a), of the Convention. In the comments it has been making for more than ten years, the Committee has noted that under Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service, civic service is compulsory for all nationals of Benin who are available for work and have received a diploma upon the completion of their studies (which may be vocational, secondary or higher studies). Civic service, which lasts 12 months, is assimilated to compulsory military service and conscripts are assigned to a production unit according to their vocational aptitudes. Permanent appointment and promotion are subject to a certificate issued upon completion of the service (sections 4 and 7 of the Act).

The Committee has noted from the Government's report that Act No. 83-007 of 17 May 1983 has not been applied for over six years.

Since the Government indicated previously that a draft communication to repeal the above-mentioned Act had been submitted to the Council of Ministers, the Committee expresses the firm hope that the Government will soon report that provisions have been adopted to bring the legislation into conformity with the Convention and the practice referred to by the Government.

2. Article 2, paragraph 2(d). The Committee noted the adoption of Act No. 86-013 of 26 February 1986 on the general conditions of employment of permanent state officials, repealing Ordinance No. 79-31 of 4 June 1979. With regard to the right to strike, it observed that section 48 of the new Act contains the same provisions as section 48 of the Ordinance of 1979. The right to strike is recognized for permanent state employees for the defence of their collective occupational interests; it may be exercised within the framework defined by the law. The Committee pointed out that, under the provisions of sections 1 and 8 of Ordinance No. 69-14/PR/MFPRAT of 19 June 1969 respecting the right to strike of civilian personnel employed by the State and by territorial communities, as well as employees of public or private enterprises, bodies or establishments responsible for the operation of a public service or bodies whose functioning is necessary to the life of the nation, these employees may be requisitioned under penalty of a fine or imprisonment "where the interruption of services would be prejudicial to the economy and to the higher interests of the nation".

The Committee noted the Government's statement that Bill concerning the exercise of the right to strike of these employees had been submitted to the National Assembly. It hopes that the Bill will be adopted shortly and that it will restrict the requisitioning of public officials and the other personnel referred to above who are on strike to the cases of national emergency defined in Article 2, paragraph 2(d), of the Convention.

3. In connection with earlier comments in which it noted that officers were required to serve for a minimum of 20 or 25 years according to the length of their training, the Committee notes the provisions of Act No. 92-034 of 30 December 1992 to amend Act No. 81-014 of 10 October 1981 issuing the general conditions of service of military personnel in the national armed forces. The Committee notes that under the Act, officers who have trained in military academies are required to serve for 25 years and so may not retire from active service for personal reasons until they have completed 25 years of service, and non-commissioned officers are required to sign a contract of at least 15 years. They may, however, solely within the context of the structural adjustment programme, apply to leave the service under the public service voluntary departure programme subject to the programme's length of service requirements (new sections 65 and 72 of the Act).

The Committee asks the Government to provide a copy of the public service voluntary departure programme and to state how many of the applications to leave under the programme were successful and how many were refused.

4. The Committee noted previously that under Order No. 207 of 6 July 1979 governing the entry competition to agricultural polytechnic establishments, the registration file must include a ten-year undertaking to be served at the end of the studies in a branch of agriculture or para-agriculture.

Recalling that the Government stated its intention to insert into Order No. 207 a repayment clause linked to the length of training received, and that the length of service should be in reasonable proportion to the length of training received, the Committee hopes that the Government will indicate the measures taken in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the information contained in the Government's report. It notes in particular that the legislation is still under review.

1. Article 2, paragraph 2(a), of the Convention. In the comments it has been making for more than ten years, the Committee has noted that under Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service, civic service is compulsory for all nationals of Benin who are available for work and have received a diploma upon the completion of their studies (which may be vocational, secondary or higher studies). Civic service, which lasts 12 months, is assimilated to compulsory military service and conscripts are assigned to a production unit according to their vocational aptitudes. Permanent appointment and promotion are subject to a certificate issued upon completion of the service (sections 4 and 7 of the Act).

The Committee notes from the Government's report that Act No. 83-007 of 17 May 1983 has not been applied for over six years.

Since the Government indicated previously that a draft communication to repeal the above-mentioned Act had been submitted to the Council of Ministers, the Committee expresses the firm hope that the Government will soon report that provisions have been adopted to bring the legislation into conformity with the Convention and the practice referred to by the Government.

2. Article 2, paragraph 2(d). The Committee noted the adoption of Act No. 86-013 of 26 February 1986 on the general conditions of employment of permanent state officials, repealing Ordinance No. 79-31 of 4 June 1979. With regard to the right to strike, it observed that section 48 of the new Act contains the same provisions as section 48 of the Ordinance of 1979. The right to strike is recognized for permanent state employees for the defence of their collective occupational interests; it may be exercised within the framework defined by the law. The Committee pointed out that, under the provisions of sections 1 and 8 of Ordinance No. 69-14/PR/MFPRAT of 19 June 1969 respecting the right to strike of civilian personnel employed by the State and by territorial communities, as well as employees of public or private enterprises, bodies or establishments responsible for the operation of a public service or bodies whose functioning is necessary to the life of the nation, these employees may be requisitioned under penalty of a fine or imprisonment "where the interruption of services would be prejudicial to the economy and to the higher interests of the nation".

The Committee noted the Government's statement that a Bill concerning the exercise of the right to strike of these employees had been submitted to the National Assembly. It hopes that the Bill will be adopted shortly and that it will restrict the requisitioning of public officials and the other personnel referred to above who are on strike to the cases of national emergency defined in Article 2, paragraph 2(d), of the Convention.

3. In connection with earlier comments in which it noted that officers were required to serve for a minimum of 20 or 25 years according to the length of their training, the Committee notes the provisions of Act No. 92-034 of 30 December 1992 to amend Act No. 81-014 of 10 October 1981 issuing the general conditions of service of military personnel in the national armed forces. The Committee notes that under the Act, officers who have trained in military academies are required to serve for 25 years and so may not retire from active service for personal reasons until they have completed 25 years of service, and non-commissioned officers are required to sign a contract of at least 15 years. They may, however, solely within the context of the structural adjustment programme, apply to leave the service under the public service voluntary departure programme subject to the programme's length of service requirements (new sections 65 and 72 of the Act).

The Committee asks the Government to provide a copy of the public service voluntary departure programme and to state how many of the applications to leave under the programme were successful and how many were refused.

4. The Committee noted previously that under Order No. 207 of 6 July 1979 governing the entry competition to agricultural polytechnic establishments, the registration file must include a ten-year undertaking to be served at the end of the studies in a branch of agriculture or para-agriculture.

Recalling that the Government stated its intention to insert into Order No. 207 a repayment clause linked to the length of training received, and that the length of service should be in reasonable proportion to the length of training received, the Committee hopes that the Government will indicate the measures taken in this respect.

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

The Committee notes the indications in the Government's report to the effect that the review of the texts considered to be inconsistent with the Convention is in process and that the results will be communicated. The Committee hopes that the Government will report in the near future on the provisions adopted regarding the following points.

1. Article 2, paragraph 2(a), of the Convention. In its previous comments, the Committee noted that, by virtue of Act No. 83-007 of 17 May 1983 to regulate civic, patriotic, ideological and military service, service remains compulsory for all nationals of Benin who apply for work and have received a diploma upon completion of their studies (which may be vocational, secondary or higher studies). The service, which lasts 12 months, is assimilated to compulsory military service (section 4 of the Act), and conscripts are assigned to production units according to their vocational aptitudes and to the requirements of the unit. Permanant contracts for the job and promotion are subject to certification of completion of the service or a certificate of exemption issued by the Minister responsible for National Defence (section 7 of the Act).

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention, which provides that work or service exacted by virtue of compulsory military service laws is excluded from the scope of the Convention only when the work is "of a purely military character". It recalled, in paragraphs 25 and 49 of its General Survey of 1979 on the Abolition of Forced Labour that, at the time of the adoption of the Special Youth Schemes Recommendation, 1970 (No. 136), the International Labour Conference rejected a proposal which would have permitted the obligatory participation of young people in development schemes within the framework of compulsory military service or as an alternative to it, on the ground that such a provision was incompatible with the forced labour Conventions.

The Government indicated previously that a draft communication to repeal Act No. 83-007 of 17 May 1983 had been submitted to the Council of Ministers.

The Committee again expresses the hope that the Government will shortly report on any measures taken in this connection to take into account the provisions of the Convention.

2. The Committee previously pointed out that under Order No. 207 of 6 July 1979 governing the entry competition to agricultural polytechnic establishments, the registration file must include a ten-year undertaking to be served at the end of the studies in a branch of agriculture or para-agriculture.

The Government stated that it was planned to insert into Order No. 207 a repayment clause linked to the length of training received, modelled on section 18, paragraph 4(3), of Act No. 86-013 of 26 February 1986 on the general conditions of employment of permanent state officials, which provides that if, due to the fault of the candidates, they are unable to respect their service undertaking, they are obliged to reimburse the expenses borne by the State as a result of the education that they received during their training.

The Committee hopes that the Government will shortly supply information on the provisions adopted in this respect.

3. Article 2, paragraph 2(d). The Committee noted the adoption of Act No. 86-013 of 26 February 1986, on the general conditions of employment of permanent state officials, which repeals Ordinance No. 79-31 of 4 June 1979. With regard to the right to strike, it noted that section 48 of the new Act contains the same provisions as section 48 of the Ordinance of 1979. The right to strike is recognised for permanent state employees for the defence of their collective occupational interests; it may be exercised within the framework defined by the law. The Committee pointed out that, under the provisions of sections 1 and 8 of Ordinance No. 69-14/PR/MFPRAT of 19 June 1969 respecting the right to strike of civilian personnel employed by the State and by territorial communities, as well as employees of public or private enterprises, bodies or establishments responsible for the operation of a public service or bodies whose functioning is necessary to the life of the nation, these employees may be requisitioned under penalty of a fine or imprisonment "where the interruption of services would be prejudicial to the economy and to the higher interests of the nation".

The Committee notes the information provided by the Government in its report to the effect that a Bill concerning the exercise of the right to strike of these employees is before the National Assembly. The Committee hopes that the Bill will shortly be adopted and that it will restrict the requisitioning of public officials and the other personnel referred to above who are on strike to the cases of national emergency as defined in Article 2, paragraph 2(d), of the Convention.

4. Freedom of career members of the armed forces to leave the service of the State. The Committee noted previously that, by virtue of sections 40 and 56 of Ordinance No. 80-2 of 6 February 1980 on the general conditions of employment of military personnel in the people's armed forces, officers are obliged to serve for a minimum of 20 or 25 years according to the length of their training.

The Committee refers once again to paragraphs 67-73 of its General Survey of 1979, in which it notes that the fact that compulsory military service is exempt from the scope of the Convention does not make it permissible to deny career members of the armed forces the right to leave the service in peacetime within a reasonable period, either at fixed intervals or by giving notice, subject to the conditions that may normally be required in order to ensure continuity of service.

The Committee once again requests the Government to indicate the measures that have been taken or are envisaged to ensure that effect is given to the Convention in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's statement in its report that, within the context of the current political, administrative, economic and social changes, efforts will be made to amend or repeal the provisions that are not considered to be in accordance with the Convention.

1. Article 2, paragraph 2(a), of the Convention. In its previous comments, the Committee noted that, by virtue of Act No. 83-007 of 17 May 1983, which repealed Ordinance No. 80-3 of 11 February 1980 to regulate civic, patriotic, ideological and military service, civic service remains compulsory for all nationals of Benin who are available for work and have received a diploma upon the completion of their studies (which may be vocational, secondary or higher studies). The service is assimilated to compulsory military service (section 4 of the Act), and conscripts are assigned to a production unit according to their vocational aptitudes. Permanent contracts for the job and promotion are subject to a certificate issued upon completion of the service or a certificate of exemption issued by the Minister responsible for National Defence (section 7 of the Act).

The Government indicated its intention of amending certain provisions of the Act and supplied a draft text, with the indication that this text dispensed young graduates with the need to undertake civic service and that these young graduates were already dispensed with civic service in practice.

The Committee however noted that by virtue of Act No. 83-007 of 17 May 1983, all holders of the baccalaureat are subject to civic service and that the first section of the draft Act covers students who complete their vocational training, students at the end of their courses and permanent state officials. In the event that graduates continue their studies or join the public service, they are obliged to perform civic service.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention, which provides that work or service exacted by virtue of compulsory military service laws is excluded from the scope of the Convention only when the work is "of a purely military character". It recalls, in paragraphs 25 and 49 of its General Survey of 1979 on the Abolition of Forced Labour that, at the time of the adoption of the Special Youth Schemes Recommendation, 1970 (No. 136), the International Labour Conference rejected a proposal which would have permitted the obligatory participation of young people in development schemes within the framework of compulsory military service or as an alternative to it, on the ground that such a provision was incompatible with the forced labour Conventions.

The Committee notes the information supplied by the Government in its report that measures are currently being taken to amend or repeal the provisions of Act No. 83-007 of 17 May 1983 and that a draft communication to this effect has been submitted to the Council of Ministers.

The Committee hopes that the next report will contain information on any measure that has been taken in this connection to take into account the provisions of the Convention.

2. With regard to Order No. 189 of 18 June 1976 governing the entry competition to agricultural colleges and the obligation for graduates to work for a period of ten years in an agricultural or para-agricultural service, the Government indicated that agricultural colleges no longer exist in this form and that consequently the Order of 18 June 1976 has no purpose. However, the Committee noted that by virtue of Order No. 207 of 6 July 1979, regulating entry competitions into agricultural polytechnical centres, which is still in force, the registration file must include a ten-year undertaking to be served at the end of the studies in a branch of agriculture or para-agriculture.

The Government stated that it was planned to insert into Order No. 207 a repayment clause linked to the length of training received, modelled on section 18, paragraph 4(3) of Act No. 86-013 of 26 February 1986, to issue the general conditions of employment of permanent state officials, which provides that if, due to the fault of the candidates, they are unable to respect their service undertaking, they are obliged to reimburse the expenses borne by the State as a result of the education that they received during their training.

The Committee notes the Government's indication in its report that it is planned to amend or repeal the provisions in question and it hopes that the Government will supply information in the near future on the provisions that have been adopted in this respect.

3. Article 2, paragraph 2(d). The Committee noted the adoption of Act No. 86-013 of 26 February 1986, issuing the general conditions of employment of permanent state officials, which repeals Ordinance No. 79-31 of 4 June 1979. With regard to the right to strike, it noted that section 48 of the Act contains the same provisions as section 48 of the Ordinance of 1979. The right to strike is recognised for permanent state employees for the defence of their collective occupational interests; it may be exercised within the framework defined by the law. The Committee pointed out that sections 1 and 8 of Ordinance No. 69-14/PR/MFPRAT of 19 June 1969, respecting the right to strike of civilian personnel employed by the State and by territorial communities, as well as employees of public or private enterprises, bodies or establishments responsible for the operation of a public service or bodies whose functioning is necessary to the life of the nation, remain in force. Consequently, these employees may be requisitioned under penalty of a fine or imprisonment "where the interruption of services would be prejudicial to economy and to the higher interests of the nation". The Committee hopes that the Government will adopt a text in the near future restricting the requisitioning of public officials and the other personnel referred to above who are on strike to the cases of national emergency as defined in Article 2, paragraph 2(d), of the Convention.

4. Freedom of career members of the armed forces to leave the service of the State. The Committee noted that by virtue of sections 40 and 56 of Ordinance No. 80-2, of 6 February 1980, issuing the general conditions of employment of military personnel in the people's armed forces, officers are obliged to serve for a minimum of 20 or 25 years according to the length of their training.

The Committee refers once again to paragraphs 67 to 73 of its above General Survey of 1979, in which it notes that the fact that compulsory military service is exempt from the scope of the Convention does not make it permissible to deny career members of the armed forces the right to leave the service in peacetime within a reasonable period, either at fixed intervals or by giving notice, subject to the conditions that may normally be required in order to ensure continuity of service.

The Committee once again requests the Government to indicate the measures that have been taken or are envisaged to ensure that effect is given to the Convention in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. Article 2, paragraph 2(a), of the Convention. The Committee noted the Government's statement that Ordinance No. 80-3 of 11 February 1980 to regulate the civic, patriotic, ideological and military service, has been repealed and replaced by Act No. 83-007 of 17 May 1983. By virtue of the Act, civic service remains compulsory for all nationals of Benin who are available for work and have received a diploma upon the completion of their studies (which may be vocational, secondary or higher studies). The service is assimilated to compulsory military service (section 4 of the Act), and conscripts are assigned to a production unit according to their vocational aptitudes. Permanent contracts for the job and promotion is subject to a certificate issued upon completion of the service or a certificate of exemption issued by the Minister responsible for National Defence (section 7 of the Act).

The Committee noted the Government's intention to amend this Act in order to take into account its observations, and in particular to amend section 4 and section 8 respecting the sanctions applicable to conscripts during service. It took note of the amended text supplied by the Government with its report for the period ending 15 October 1987. In the case of young graduates, the Government indicated that in practice they are no longer subject to civic service and that the draft Act is intended to dispense with it. The Committee noted, however, that by virtue of Act No. 83-007 of 17 May 1983, which is currently in force, all holders of the baccalaureat are subject to civic service and that the first section of the draft Act covers students who complete their vocational training, students at the end of their courses and permanent state officials. In the event that graduates continue their studies or join the public service, they are obliged to perform civic service.

The Committee wishes once again to draw the Government's attention to Article 2, paragraph 2(a), of the Convention, which provides that work or service exacted by virtue of compulsory military service laws is excluded from the scope of the Convention only when the work is "of a purely military character". It recalls, in paragraphs 25 and 49 of its General Survey of 1979 on the Abolition of Forced Labour that, at the time of the adoption of the Special Youth Schemes Recommendation, 1970 (No. 136), the International Labour Conference rejected a proposal which would have permitted the obligatory participation of young people in development schemes within the framework of compulsory military service or as an alternative to it, on the ground that such a provision was incompatible with the forced labour Conventions.

The Committee also recalls that in Paragraph 7 of Recommendation No. 136 concerning special youth employment and training schemes for development purposes, the International Labour Conference indicated that the Conventions relative to forced labour did not conflict with programmes for young persons who had previously accepted an obligation to serve for a definite period as a condition of being enabled to acquire education or technological qualification of special value to the community for development; however, in the terms of Paragraph 3, the programmes should have an interim character to meet current and pressing needs, and the conditions of service should meet the detailed standards of service set forth in Paragraph 37 of the Recommendation.

The Committee hopes that the next report will contain information on any measure that has been taken or is contemplated in these fields, in order to take into account the provisions of the Convention.

2. With regard to Order No. 189 of 18 June 1976 governing the entry competition to agricultural colleges and the obligation for graduates to work for a period of ten years in an agricultural or para-agricultural service, the Government indicated that agricultural colleges no longer exist under this form in Benin and that consequently the Order of 18 June 1976 has no purpose. However, by virtue of Order No. 207 of 6 July 1979, regulating entry competitions into agricultural polytechnical centres, which is still in force, the registration file must include a ten-year undertaking to be served at the end of the studies in a branch of agriculture or para-agriculture.

The Government stated that the amendment of Order No. 207 is under study with a view to inserting a repayment clause linked to the length of training received, modeled on section 18, paragraph 4(3) of Act No. 86-013 of 26 February 1986, to issue the general conditions of employment of permanent state officials, which provides that if, due to the fault of the candidates, they are unable to respect their service undertaking, they are obliged to reimburse the expenses borne by the State as a result of the education that they received during their training. The Committee hopes that the Government will soon be in a position to supply the text of the regulations respecting the length of the obligation to serve in cases of graduates from agricultural polytechnical centres.

3. Article 2, paragraph 2(d). The Committee took note of the adoption of Act No. 86-013 of 26 February 1986, issuing the general conditions of employment of permanent state officials, which repeals Ordinance No. 79-31 of 4 June 1979. With regard to the right to strike, it noted that section 48 of the Act contains the same provisions as section 48 of the Ordinance of 1979. The right to strike is recognised for permanent State employees for the defence of their collective occupational interests; it may be exercised within the framework defined by the law. The Committee emphasises that, in the current legislative situation, and in the absence of a new text applying the new Act, the provisions of sections 1 and 8 of Ordinance No. 69-14/PR/MFPRAT of 19 June 1969, respecting the right to strike of civilian personnel employed by the State and by territorial communities, as well as employees of public or private enterprises, bodies or establishments responsible for the operation of a public service or bodies whose functioning is necessary to the life of the nation, remain in force. Consequently, these employees may be requisitioned under penalty of a fine or imprisonment "where the interruption of services would be prejudicial to the economy and to the higher interests of the nation". The Committee hopes that the Government will adopt in the near future a text restricting the requisitioning of public officials who are on strike to the cases of national emergency as defined in Article 2, paragraph 2(d) of the Convention.

4. Freedom of career members of the armed forces to leave the service of the State. The Committee noted the Government's statement in its report for the period ending 15 October 1987 that measures respecting the resignation of officers in the people's armed forces have been adopted for reasons of security and in order to enable the State to benefit from the services of officers who freely choose their career. It noted that no measure is contemplated to modify the time-periods set out in sections 40 and 56 of Ordinance No. 80-2 of 6 February 1980, to provide for the general conditions of employment of military personnel in the people's armed forces. According to the length of their training, officers are obliged to serve for a minimum of 20 or 25 years.

The Committee refers once again to paragraphs 67 to 73 of its General Survey of 1979, cited above, in which it notes that the fact that compulsory military service is exempt from the scope of the Convention does not make it permissible to deny career members of the armed forces the right to leave the service in peacetime within a reasonable period, either at fixed intervals or by giving notice, subject to the conditions that may normally be required in order to ensure continuity of service.

The Committee requests the Government to indicate the measures it intends to adopt in order to ensure observance of the Convention.