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

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

The Committee notes the information provided by the Government in its report.

Prison labour. 1. 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 notes the information provided by the Government in its report to the effect that Act No. 90-028 of 9 October 1990 repealing the provisions of the Acts and Ordinances creating administrative detention in security cases should solve any problem of ambiguity. The Government adds that no one is at present in administrative detention or under sentence on political grounds.

The Committee hopes that the Government will supply a copy of the Act when it has been promulgated and that the Government will lay down a rule of law that any person sentenced on political grounds shall not be compelled to work.

Article 1(a) of the Convention. 2. In its previous comments, 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. The Committee referred in this connection to the following articles: section 8 (deposit of publication with the authorities before its circulation to the public); section 12 (provision for a 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 notes the information supplied by the Government in its report that a Bill on the freedom of information and communication has been drafted. The Committee also recalls that, under section 142 of the Constitution a central audio-visual and communication authority is responsible for guaranteeing and securing the freedom and protection of the press, and hopes that the Bill which is adopted will guarantee that no sentences of imprisonment involving compulsory labour can be inflicted as penalties for acts or activities relating to the exercise of the right of expression.

Article 1(c). 3. In its previous comments, the Committee noted that under 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. The Committee noted that a draft of a revised Code had been prepared in which these breaches were no longer punishable by imprisonment. The Committee notes the indication in the Government's report that a copy of the revised Merchant Shipping Code will be communicated as soon as it has been adopted.

The Committee hopes that the revised Code will be adopted shortly and will ensure observance of the Convention on this point.

4. The Committee notes the statement in the Government's report that a Bill concerning the exercise of the right to strike of civilian personnel of the State, territorial communities and public bodies and establishments is before the National Assembly. The Committee hopes that the Government will provide a copy of the text as soon as it has been adopted and promulgated and that they will be in conformity with the Convention.