Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee takes note of the information contained in the Government's report. It notes in particular that the legislation is still under review.

1. Article 2, paragraph 2(a), of the Convention. In the comments it has been making for more than ten years, the Committee has noted that under Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service, civic service is 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). Civic service, which lasts 12 months, is assimilated to compulsory military service and conscripts are assigned to a production unit according to their vocational aptitudes. Permanent appointment and promotion are subject to a certificate issued upon completion of the service (sections 4 and 7 of the Act).

The Committee notes from the Government's report that Act No. 83-007 of 17 May 1983 has not been applied for over six years.

Since the Government indicated previously that a draft communication to repeal the above-mentioned Act had been submitted to the Council of Ministers, the Committee expresses the firm hope that the Government will soon report that provisions have been adopted to bring the legislation into conformity with the Convention and the practice referred to by the Government.

2. 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, repealing Ordinance No. 79-31 of 4 June 1979. With regard to the right to strike, it observed that section 48 of the new Act contains the same provisions as section 48 of the Ordinance of 1979. The right to strike is recognized 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 noted the Government's statement that a Bill concerning the exercise of the right to strike of these employees had been submitted to the National Assembly. It hopes that the Bill will be adopted shortly 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 defined in Article 2, paragraph 2(d), of the Convention.

3. In connection with earlier comments in which it noted that officers were required to serve for a minimum of 20 or 25 years according to the length of their training, the Committee notes the provisions of Act No. 92-034 of 30 December 1992 to amend Act No. 81-014 of 10 October 1981 issuing the general conditions of service of military personnel in the national armed forces. The Committee notes that under the Act, officers who have trained in military academies are required to serve for 25 years and so may not retire from active service for personal reasons until they have completed 25 years of service, and non-commissioned officers are required to sign a contract of at least 15 years. They may, however, solely within the context of the structural adjustment programme, apply to leave the service under the public service voluntary departure programme subject to the programme's length of service requirements (new sections 65 and 72 of the Act).

The Committee asks the Government to provide a copy of the public service voluntary departure programme and to state how many of the applications to leave under the programme were successful and how many were refused.

4. The Committee noted previously 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.

Recalling that the Government stated its intention to insert into Order No. 207 a repayment clause linked to the length of training received, and that the length of service should be in reasonable proportion to the length of training received, the Committee hopes that the Government will indicate the measures taken in this respect.