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.