Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Article 2(2)(a) of the Convention. Work of purely military character performed in virtue of compulsory military service laws. For many years, the Committee has been drawing the Government’s attention to the need to amend Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service. Pursuant to this Act, persons subject to compulsory civic and military service are assigned to a production unit in accordance with their occupational aptitudes and may be compelled to perform work which is not of a purely military character, contrary to the provisions of Article 2(2)(a) of the Convention. Since the Government indicated that, in practice, the Act had not been applied since 1985 and that the legislation governing military service was Act No. 63-5 of 26 June 1963 concerning recruitment, the Committee asked it to confirm that Act No. 83-007 had been formally repealed. The Committee notes that the Government indicated, in its last report received in November 2006, that the information on this matter would be sent in the near future. Since this information has not been sent in the meantime, the Committee requests the Government once again to indicate whether Act No. 83-007 has actually been repealed and, if so, to send a copy of the repealing Act in order to align the legislation to practice and thereby ensure greater legal certainty.

With regard to Act No. 63-5, which provides for compulsory military service for men and women, such service being divided between a period of activity, a period of availability and a reserve period, the Committee has previously asked the Government to provide information on the application in practice of section 35 of the Act. By virtue of this provision, the purpose of active military service is, first, to provide conscripts with military instruction and also instruction intended to develop their civic sense and, secondly, to further their instruction and employ them, inter alia, in specialized army units to participate in the work of national construction. Under this provision, therefore, contrary to the terms of Article 2(2)(a) of the Convention, the work exacted from conscripts may not be of a purely military character and consequently shall be considered as forced or compulsory labour within the meaning of the Convention. The Committee notes the Government’s indication in its last report that the information on the practical application of section 35 of the Act will be sent in the near future. The Committee hopes that the Government will be able to review the provisions of section 35 of the Act in the light of the above considerations. In the meantime, the Committee requests the Government once again to supply information in its next report on the practical application of section 35 of Act No. 63-5 concerning military recruitment, indicating the nature of the work performed in army units as participation in the work of national construction.

Articles 1(1) and 2(1). Trafficking in persons. The Committee notes the Government’s information on the measures taken to combat the trafficking of children, especially the adoption of Act No. 2006-04 of 5 April 2006 concerning conditions for the movement of minors and suppression of the trafficking of children in Benin. It notes that this Act explicitly prohibits the trafficking of children and makes perpetrators of this criminal offence liable to imprisonment of 10–20 years. All this information is being examined by the Committee in the context of the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

As regards the trafficking of adults, the Committee notes that the United Nations Committee on the Elimination of Discrimination Against Women, in its concluding observations in July 2005, expressed its concern at the lack of measures for preventing and combating the trafficking of women. The Committee asked the Government to take measures “to combat trafficking in women through the adoption and implementation of a comprehensive strategy, including national laws and subregional cross-border initiatives, to prevent trafficking, punish offenders and protect and rehabilitate victims” (document A/60/38). The Committee also takes note of a report published in September 2006 by the United Nations Office on Drugs and Crime entitled “Measures to combat trafficking in human beings in Benin, Nigeria and Togo”. The report forms part of the project of the same name launched by the United Nations Office on Drugs and Crime in these countries to improve the collection and analysis of data and information on the trafficking of persons with a view to better planning of measures to be taken and to strengthen the institutional capacity of these countries to fight trafficking. The report shows that in Benin trafficking affects women from Niger, Nigeria and Togo, who are forced to engage in prostitution; and women from Benin are also victims of trafficking in Belgium, France and Germany, mainly for the purpose of sexual exploitation. According to the report, cases of trafficking have already been tried by the courts but the sentences imposed have been extremely light.

The Committee would be grateful if the Government would provide further information on the extent of the phenomenon of the trafficking of persons in Benin. In particular, it requests the Government to supply information on the steps taken or envisaged to combat this phenomenon, in terms of prevention (raising the awareness of the general public and of the persons most at risk); in terms of suppression and punishment (strengthening legislative provisions, providing information and training for those involved in combating trafficking, especially the police and magistrates); in terms of the protection of victims; and in terms of international cooperation. The Committee also requests the Government to provide information on court decisions issued in this field and penal sanctions imposed. It reminds the Government in this respect that, under Article 25 of the Convention, the penalties imposed by law for the exaction of forced labour must be really adequate and strictly enforced.