Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Bénin (Ratification: 1960)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee stressed the need to broaden the scope of the measures adopted to combat trafficking in persons, both at the legislative level and in the areas of awareness raising and the protection of victims. It noted the Government’s indication that trafficking mainly concerned children and that, from the legislative standpoint, the Government referred to the adoption of Act No. 2011-26 of 9 January 2012 concerning the prevention and elimination of violence against women, which criminalizes and penalizes forced prostitution. The Government also referred to a bill on combating trafficking in persons which was being drafted with support from the European Union. The Committee asked the Government to take the necessary measures to adopt the bill against trafficking in persons.

The Committee notes the Government’s indication in its report that action against trafficking in persons is a priority for the Government. This commitment is reflected in the strengthening of the legal framework, particularly through the adoption of Act No. 2015-08 of 8 December 2015 issuing the Children’s Code. The Government also indicates that it has adopted a number of measures to combat trafficking in persons, including: (i) establishing an ad hoc interministerial committee to coordinate anti-trafficking efforts; (ii) the forthcoming adoption of the act to combat the trafficking of adults; (iii) strengthening the capacities of the different actors involved in action against trafficking (judges, criminal investigation police, labour inspectors and social workers); (iv) the reinforcement of controls at borders and airports; and (v) providing care for victims. The Committee requests the Government to intensify its efforts to combat trafficking in persons, taking the necessary steps to adopt the bill against trafficking in persons in the very near future. It requests the Government to provide information on the practical steps taken to strengthen the institutional framework for combating trafficking, including awareness-raising measures for the competent authorities and the general public regarding the trafficking as well as protection and assistance of the victims. Lastly, the Committee requests the Government to provide information on any court proceedings initiated with respect to trafficking and, if applicable, any penalties imposed.

Article 2(2)(a). Work of a 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 the texts regulating compulsory military service with a view to restricting the scope of work exacted from conscripts, in the context of this obligation, to work or service of a purely military nature. The Government indicated that although military service in the national interest had in practice been suspended since 2010, the legislation of 2007 establishing military service in the national interest still needs to be brought into line with the provisions of the Conventions on forced labour. The Committee recalled that 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 nature. However, conscripts to military service in the national interest may be assigned to socio-economic work under both Act No. 63-5 of 26 June 1963 concerning recruitment in the Republic of Benin and Act No. 2007 27 of 23 October 2007 establishing military service in the national interest and its implementing decree (Decree No. 2007-486 of 31 October 2007 establishing general conditions for the organization and performance of military service in the national interest):

– according to section 35 of Act No. 63-5, the purpose of active military service is also to further the training of conscripts and employ them, inter alia, in specialized land army units to participate in the work of national construction;

– according to sections 2 and 5 of Act No. 2007-27, the purpose of military service in the national interest is the mobilization of citizens so that they might participate in work for the development of the country; conscripts may then be 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, conscripts are engaged in socio-economic development work for nine months after completing two months of military, civic and moral training.

The Committee also recalled that Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service is also contrary to Article 2(2)(a) of the Convention since it provides that persons subject to this civic and military service may be 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 nature.

The Committee notes the Government’s indication in its report that military service in the national interest is not the equivalent of forced labour and that any work or service exacted under compulsory military service laws is of a purely military nature. In this regard, the Government refers to section 3 of the draft Labour Code, which excludes military service from the definition of forced labour. The Government adds that in practice military service in the national interest has been suspended since 2010 and that no Beninese citizens have performed military service. In order to remove any legal ambiguity regarding the application of Act No. 63-5 concerning recruitment in the Republic of Benin, Act No. 2007-27 instituting military service in the national interest and Act No. 83-007 governing civic, patriotic, ideological and military service, the Committee hopes that the Government will take the necessary steps to amend the aforementioned legal texts so that any activity imposed in the context of military service is restricted to work of a purely military nature.