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

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

The Committee notes the information provided by the Government in its report to the effect that, as part of the political, administrative, economic and social changes now taking place, provision will be made for amendment or repeal of provisions that are considered to be inconsistent with the Convention. The Committee hopes that the Government will provide information on the measures taken or are contemplated relating to the points which it raised in its previous comments.

The Committee has furthermore learnt with interest of the information that a new Constitution has been adopted which guarantees political pluralism and that legislative elections were held in February 1991, in which some 40 political parties participated; presidential elections are to be held in March, for which several candidates are standing.

The Committee asks the Government to supply a copy of the Constitution and of the provisions issued under it which may be of relevance to the application of the Convention.

1. Prison labour. The Committee has previously referred to the situation, with regard to prison labour, of persons under administrative internment and those sentenced for political offences. It noted the Government's indication that, by virtue of section 88 of Decree No. 73-293 of 15 September 1973 establishing the prison system, as amended by Decree No. 78-161 of 23 June 1978, persons sentenced to administrative internment and who are detained exceptionally in one of the prison establishments, and persons sentenced for political offences must be kept apart from ordinary law prisoners. The Government also indicated that such persons are not subjected to prison labour or to the social rehabilitation measures provided for in Decree No. 73-293 mentioned above. The Committee asked the Government to give statutory effect to this practice so as to remove all ambiguity.

The Committee hopes that the Government will indicate the measures that have been taken or are envisaged to ensure that, in both law and practice, persons under administrative internment and those sentenced for political offences are not subjected to prison labour.

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

The Committee again asks the Government to provide information on the application in practice of the above provisions and on the measures taken or envisaged to ensure that no sentences of imprisonment involving compulsory labour be imposed as punishment for acts or activities relating to the exercise of the right of expression.

3. Article 1(c). The Committee has noted for many years that by virtue of sections 215, 235 and 238 of the Merchant Shipping Code approved by Ordinance No. 38 PR/MTTPTPT of 1968 certain breaches of discipline are punishable by imprisonment. In its previous comments, it noted the information supplied by the Government for the period ending 30 June 1987, to the effect that a draft of a revised Merchant Shipping Code was being prepared, and took note of an extract from the above draft which the Government included with its report. The Committee noted that, in the above draft, the breaches of discipline referred to in the sections mentioned above are punishable by fine and no longer by sentences of imprisonment.

The Committee asks the Government to provide information on the progress of the above draft and on any measures taken or are contemplated to ensure that the Convention is observed in this respect.