Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the indications in the Government's report to the effect that the review of the texts considered to be inconsistent with the Convention is in process and that the results will be communicated. The Committee hopes that the Government will report in the near future on the provisions adopted regarding the following points.

1. Article 2, paragraph 2(a), of the Convention. In its previous comments, the Committee noted that, by virtue of Act No. 83-007 of 17 May 1983 to regulate civic, patriotic, ideological and military service, service remains compulsory for all nationals of Benin who apply for work and have received a diploma upon completion of their studies (which may be vocational, secondary or higher studies). The service, which lasts 12 months, is assimilated to compulsory military service (section 4 of the Act), and conscripts are assigned to production units according to their vocational aptitudes and to the requirements of the unit. Permanant contracts for the job and promotion are subject to certification of completion of the service or a certificate of exemption issued by the Minister responsible for National Defence (section 7 of the Act).

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention, which provides that work or service exacted by virtue of compulsory military service laws is excluded from the scope of the Convention only when the work is "of a purely military character". It recalled, in paragraphs 25 and 49 of its General Survey of 1979 on the Abolition of Forced Labour that, at the time of the adoption of the Special Youth Schemes Recommendation, 1970 (No. 136), the International Labour Conference rejected a proposal which would have permitted the obligatory participation of young people in development schemes within the framework of compulsory military service or as an alternative to it, on the ground that such a provision was incompatible with the forced labour Conventions.

The Government indicated previously that a draft communication to repeal Act No. 83-007 of 17 May 1983 had been submitted to the Council of Ministers.

The Committee again expresses the hope that the Government will shortly report on any measures taken in this connection to take into account the provisions of the Convention.

2. The Committee previously pointed out that under Order No. 207 of 6 July 1979 governing the entry competition to agricultural polytechnic establishments, the registration file must include a ten-year undertaking to be served at the end of the studies in a branch of agriculture or para-agriculture.

The Government stated that it was planned to insert into Order No. 207 a repayment clause linked to the length of training received, modelled on section 18, paragraph 4(3), of Act No. 86-013 of 26 February 1986 on the general conditions of employment of permanent state officials, which provides that if, due to the fault of the candidates, they are unable to respect their service undertaking, they are obliged to reimburse the expenses borne by the State as a result of the education that they received during their training.

The Committee hopes that the Government will shortly supply information on the provisions adopted in this respect.

3. Article 2, paragraph 2(d). The Committee noted the adoption of Act No. 86-013 of 26 February 1986, on the general conditions of employment of permanent state officials, which repeals Ordinance No. 79-31 of 4 June 1979. With regard to the right to strike, it noted that section 48 of the new Act contains the same provisions as section 48 of the Ordinance of 1979. The right to strike is recognised for permanent state employees for the defence of their collective occupational interests; it may be exercised within the framework defined by the law. The Committee pointed out that, under the provisions of sections 1 and 8 of Ordinance No. 69-14/PR/MFPRAT of 19 June 1969 respecting the right to strike of civilian personnel employed by the State and by territorial communities, as well as employees of public or private enterprises, bodies or establishments responsible for the operation of a public service or bodies whose functioning is necessary to the life of the nation, these employees may be requisitioned under penalty of a fine or imprisonment "where the interruption of services would be prejudicial to the economy and to the higher interests of the nation".

The Committee notes the information provided by the Government in its report to the effect that a Bill concerning the exercise of the right to strike of these employees is before the National Assembly. The Committee hopes that the Bill will shortly be adopted and that it will restrict the requisitioning of public officials and the other personnel referred to above who are on strike to the cases of national emergency as defined in Article 2, paragraph 2(d), of the Convention.

4. Freedom of career members of the armed forces to leave the service of the State. The Committee noted previously that, by virtue of sections 40 and 56 of Ordinance No. 80-2 of 6 February 1980 on the general conditions of employment of military personnel in the people's armed forces, officers are obliged to serve for a minimum of 20 or 25 years according to the length of their training.

The Committee refers once again to paragraphs 67-73 of its General Survey of 1979, in which it notes that the fact that compulsory military service is exempt from the scope of the Convention does not make it permissible to deny career members of the armed forces the right to leave the service in peacetime within a reasonable period, either at fixed intervals or by giving notice, subject to the conditions that may normally be required in order to ensure continuity of service.

The Committee once again requests the Government to indicate the measures that have been taken or are envisaged to ensure that effect is given to the Convention in this respect.