Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. Article 2, paragraph 2(a), of the Convention. The Committee noted the Government's statement that Ordinance No. 80-3 of 11 February 1980 to regulate the civic, patriotic, ideological and military service, has been repealed and replaced by Act No. 83-007 of 17 May 1983. By virtue of the Act, civic service remains compulsory for all nationals of Benin who are available for work and have received a diploma upon the completion of their studies (which may be vocational, secondary or higher studies). The service is assimilated to compulsory military service (section 4 of the Act), and conscripts are assigned to a production unit according to their vocational aptitudes. Permanent contracts for the job and promotion is subject to a certificate issued upon completion of the service or a certificate of exemption issued by the Minister responsible for National Defence (section 7 of the Act).

The Committee noted the Government's intention to amend this Act in order to take into account its observations, and in particular to amend section 4 and section 8 respecting the sanctions applicable to conscripts during service. It took note of the amended text supplied by the Government with its report for the period ending 15 October 1987. In the case of young graduates, the Government indicated that in practice they are no longer subject to civic service and that the draft Act is intended to dispense with it. The Committee noted, however, that by virtue of Act No. 83-007 of 17 May 1983, which is currently in force, all holders of the baccalaureat are subject to civic service and that the first section of the draft Act covers students who complete their vocational training, students at the end of their courses and permanent state officials. In the event that graduates continue their studies or join the public service, they are obliged to perform civic service.

The Committee wishes once again to draw 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 recalls, 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 Committee also recalls that in Paragraph 7 of Recommendation No. 136 concerning special youth employment and training schemes for development purposes, the International Labour Conference indicated that the Conventions relative to forced labour did not conflict with programmes for young persons who had previously accepted an obligation to serve for a definite period as a condition of being enabled to acquire education or technological qualification of special value to the community for development; however, in the terms of Paragraph 3, the programmes should have an interim character to meet current and pressing needs, and the conditions of service should meet the detailed standards of service set forth in Paragraph 37 of the Recommendation.

The Committee hopes that the next report will contain information on any measure that has been taken or is contemplated in these fields, in order to take into account the provisions of the Convention.

2. With regard to Order No. 189 of 18 June 1976 governing the entry competition to agricultural colleges and the obligation for graduates to work for a period of ten years in an agricultural or para-agricultural service, the Government indicated that agricultural colleges no longer exist under this form in Benin and that consequently the Order of 18 June 1976 has no purpose. However, by virtue of Order No. 207 of 6 July 1979, regulating entry competitions into agricultural polytechnical centres, which is still in force, 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 the amendment of Order No. 207 is under study with a view to inserting a repayment clause linked to the length of training received, modeled on section 18, paragraph 4(3) of Act No. 86-013 of 26 February 1986, to issue 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 soon be in a position to supply the text of the regulations respecting the length of the obligation to serve in cases of graduates from agricultural polytechnical centres.

3. Article 2, paragraph 2(d). The Committee took note of the adoption of Act No. 86-013 of 26 February 1986, issuing 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 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 emphasises that, in the current legislative situation, and in the absence of a new text applying the new Act, 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, remain in force. Consequently, 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 hopes that the Government will adopt in the near future a text restricting the requisitioning of public officials 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 the Government's statement in its report for the period ending 15 October 1987 that measures respecting the resignation of officers in the people's armed forces have been adopted for reasons of security and in order to enable the State to benefit from the services of officers who freely choose their career. It noted that no measure is contemplated to modify the time-periods set out in sections 40 and 56 of Ordinance No. 80-2 of 6 February 1980, to provide for the general conditions of employment of military personnel in the people's armed forces. According to the length of their training, officers are obliged to serve for a minimum of 20 or 25 years.

The Committee refers once again to paragraphs 67 to 73 of its General Survey of 1979, cited above, 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 requests the Government to indicate the measures it intends to adopt in order to ensure observance of the Convention.