Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

Article 1(c) of the Convention.  The Committee had noted in earlier comments that under sections 215, 235 and 238 of the Merchant Shipping Code of 1968, certain breaches of labour discipline by seafarers are punishable by imprisonment, which involves the obligation to work. In its latest report, the Government indicates that the draft Merchant Shipping Code has not yet been adopted.

The Committee hopes that the Code will ensure compliance with the Convention on this matter and requests the Government to provide a copy of it once it has been adopted.

Article 1(d).  The Committee notes the observations on the application of the Convention made by the Confederation of Autonomous Trade Unions of Benin, dated 31 May 2000, which were forwarded by the Government. The trade union organization states that the requisition procedure, as set out in Ordinance No. 69-14, constitutes forced labour and that the provisions of this Ordinance violate international and constitutional provisions relating to the right to strike.

The Committee notes that, according to the Government’s report, the Bill on the exercise of the right to strike has not been adopted. It hopes to receive a copy of it when it has been adopted and that it will be in conformity with the Convention.

The Committee requests the Government to provide a copy of Ordinance No. 69-14, to which reference was made by the Confederation of Autonomous Trade Unions of Benin.

The Committee notes Decree No. 89-435, issuing regulations for the maintenance of public order, which was provided by the Government.