Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Benin (Ratificación : 1960)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In response to the Committee’s requests concerning the measures taken to continue strengthening the legislative and institutional framework to combat trafficking in persons, the Government indicates in its report that it stepped up its efforts for the repression of trafficking in persons (criminalized by section 501 of the Criminal Code, which provides for penalties of from 10 to 20 years’ imprisonment) during the period 2022–23. These efforts have led to the opening of investigations against 176 suspects and the conviction of 94 persons for trafficking, including 92 for trafficking for sexual exploitation. The Government indicates that the penalties imposed by the courts on persons found guilty of trafficking have, in most cases, been well below the penalties provided for in the Criminal Code. Some members of the judiciary have considered that harsher prison sentences could increase the vulnerability of certain child victims in cases where the perpetrators were close to them. The Ministry of Justice also indicated that the absence of an effective data collection system, particularly in police stations and the courts, hampered the compilation and sharing of statistics on law enforcement. The Government adds that judges, police officers and social workers have received training in the technical and legal frameworks and tools for identifying and investigating trafficking cases. It also indicates that it has cooperated with several countries in the region as part of investigations and the repatriation of trafficking victims. It also refers to the National Policy to Combat Trafficking in Persons 2022–31 and its 2022–26 action plan, the implementation of which has not yet begun, and to the Bill on combating trafficking in persons. Although the Bill has not yet been adopted, the Government is continuing its efforts to secure its adoption.

The Government also indicates that it has stepped up its efforts to identify and protect trafficking victims and that 1,451 trafficking victims have been identified, all of them minors. It indicates that social welfare centres have continued to provide basic services to adult and child trafficking victims in the country’s 77 communes. It specifies that victims in rural areas had limited access to services and that no helpline exists for adult trafficking victims. The Committee also notes the information provided by the Government on the measures taken to combat trafficking of children. In this regard, the Committee refers to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee notes that, according to the website of the Ministry of Development and the Coordination of Government Action, the members of the National Committee to Combat Trafficking in Persons (CNLTP) met in May and September 2025 in sessions that resulted in the finalization of a draft decree on the establishment and functioning of the CNLTP and an evaluation of the implementation of activities to combat trafficking in 2025. An awareness-raising mission on trafficking in persons, related offences and response strategies was also organized in August 2025 for persons involved in combating trafficking in persons, with a view to raising their awareness for the identification and support of victims.

The Committee also notes that, in its concluding observations of 13 January 2025, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families expressed concern that Benin is a country of origin, destination and transit for trafficking in persons, and regarding the scale of trafficking, particularly for sexual exploitation (CMW/C/BEN/CO/1).

The Committee takes due note of the efforts made by the Government to combat trafficking in persons and requests it to continue on this path, particularly by ensuring that all trafficking victims, including those in rural areas and adult victims, are identified and able to benefit from appropriate protection and assistance, and that the national action plan to combat trafficking in persons is implemented. The Committee requests the Government to provide information on the measures taken in this regard, as well as on the activities of the CNLTP and on the evaluation of the activities implemented to combat trafficking. In view of the delay in adopting the Bill on combating trafficking in persons, the Committee requests the Government to step up its efforts to adopt the Bill. It asks the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to indicate the measures taken to ensure that the penalties provided for in the Criminal Code for trafficking in persons are strictly enforced and sufficiently dissuasive, particularly to prevent the risk of repeat offences. It requests the Government to provide information on the number of investigations, prosecutions and convictions under section 501 of the Criminal Code, specifying the penalties imposed.

Article 2(2)(a). Work of a purely military character performed in virtue of compulsory military service laws. The Committee recalls that, under various provisions of national legislation, work that is not of a purely military character may be required within the framework of compulsory national service. The relevant provisions are as follows:

• 1. section 35 of Act No. 63-5 of 26 June 1963 on recruitment (active military service is also intended to employ conscripts, inter alia, in specialized army units to participate in the work of national construction);
• 2. sections 2 and 5 of Act No. 2007-27 of 23 October 2007 establishing military service in the national interest (the purpose of military service in the national interest is to mobilize citizens to participate in work for the development of the country; conscripts may be assigned to production structures and units to participate in the performance of work of a social or economic nature in the national interest);
• 3. section 18 of Decree No. 2007-486 of 31 October 2007 implementing Act No. 2007-27 establishing military service in the national interest (conscripts carry out socio-economic development work for nine months);
• 4. Act No. 83-007 of 17 May 1983 governing patriotic, ideological and military civic service.

The Committee notes that the Government reiterates the information that, in practice, military service has been suspended since 2010 and that no Beninese citizen has been called up for such service since then. It adds that, although Act No. 83-007 governing patriotic, ideological and military civic service has not been formally repealed, patriotic service is no longer in force in Benin. It indicates that the forthcoming adoption of the revised draft Labour Code that is under review will address this concern. The Committee trusts that the Government will take the necessary measures, without delay, to bring the national legislation into line with the practice indicated by formally repealing Act No. 83-007 governing patriotic, ideological and military civic service and amending the above provisions of Act No. 63-5, Act No. 2007-27 and Decree No. 2007-486 to ensure that any work that may be required in the context of compulsory military service is limited to work of a purely military character, in accordance with Article 2(2)(a) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court. 1. Community work. Further to its request concerning the adoption of a decree regulating the penalty of community work (under section 58 of the Criminal Code), the Committee takes due note of Decree No. 2024-748 of 31 January 2024 establishing the arrangements for the performance of community work in the Republic of Benin, a copy of which the Government has attached. It notes that, under the terms of this Decree, a sentence of community work may be imposed as a principal penalty or in conjunction with a suspended prison sentence, with the consent of the person concerned (sections 2 to 4). Community work may only be performed for public legal entities or associations authorized to carry out community work (section 20). A national list of authorized institutions that can receive persons sentenced to community work is published annually by the Ministry of Justice, on the proposal of the president of the competent court (section 35). Regarding the types of work performed, the Committee notes that the court responsible for overseeing the performance of community work establishes and updates the list of community work that may be performed within its jurisdiction, and the work that may be assigned in such areas as educational work, rural work, fisheries and craft work, and maintenance g work (section 34).

The Committee also notes the Government’s indication that information concerning the application of sentences of community work has been requested from the courts. The Committee therefore requests the Government to indicate whether the courts have already imposed sentences of community work and, if so, to provide examples of associations authorized to receive persons sentenced to community work, and examples of the types of work carried out in this context.

2. Prison labour. The Committee notes the adoption of Decree No. 2025-014 of 22 January 2025 on the organization of prison labour, which provides that prison labour may be carried out in the form of self-employed work, directly for the prison authorities or through the concession of prison labour. For the concession of prison labour, the prison administration makes one or more prisoners available to the beneficiary to perform work inside or outside the prison (section 6). The participation of any prisoner in work inside or outside the prison is subject to an engagement agreement signed by the prisoner. This legal document formalizes the prisoner's decision to perform work inside or outside the prison and establishes the prisoner’s rights and obligations, and the working conditions (sections 1 and 11). In addition, any work inside or outside a prison is subject to a prison labour contract (section 14). The Committee notes that work by prisoners is remunerated according to the nature of the work performed and the number of hours worked. Remuneration is set in accordance with the conditions set out in an order issued by the Minister of Justice, or determined by the beneficiary in the event of the concession of prison labour (section 16). The Committee takes due note of the introduction of the engagement agreement between the prisoner and the prison authorities and requests the Government to provide examples of engagement agreements and prison employment contracts concluded in the context of the concession of prison labour, as well as information on the remuneration of prisoners working for private entities and the manner in which they may terminate the engagement agreement.