Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2, paragraph 2(a), of the Convention. Work of a purely military character performed in virtue of compulsory military service laws. In its previous comments, the Committee requested the Government to review the provisions of section 35 of Act No. 63-5 respecting recruitment of 26 June 1963 and to provide information on their application in practice. Under the terms of these provisions, the purpose of active military service is, first, to provide conscripts with military instruction and also education intended to develop their civic sense and, second, to further their training and employ them, inter alia, in specialized army units to participate in the work of national construction. Under these provisions therefore, and 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 shall consequently be considered as forced or compulsory labour within the meaning of the Convention. In its 2006 report, the Government indicated that information on the effect given in practice to section 35 of the Act would be provided in the near future. However, the Committee notes that the Government’s latest report does not contain information on this matter. The Committee therefore requests the Government to take the necessary measures to bring the provisions of section 35 of Act No. 63-5 into conformity with those of the Convention.

The Committee notes the adoption of Act No. 2007-27 of 23 October 2007 establishing the military service of national interest, issued under Act No. 63-5 respecting recruitment of 26 June 1963, on which the Committee has commented (see point 1 of this observation), and the adoption of Decree No. 2007-486 of 31 October 2007 establishing general conditions for the organization and performance of military service in the national interest. It notes that under the terms of sections 2 and 5 of Act No. 2007-27, the military service of national interest, to which all nationals of Benin of both sexes aged between 18 and 35 years are subject, consists of compulsory service for 12 months and supplements active military service. By virtue of section 3, the purpose of military service of national interest is the mobilization of the citizens with a view to their participation in work for the development of the country. Section 4 provides that, after a first stage of instruction, recruits are then assigned to administrative units, production units, institutions and bodies with a view to participating in the performance of relevant work of national interest that is of a social or economic nature. The Committee further notes that section 18 of Decree No. 2007-486 specifies that, following two months of military, civic and moral training, the conscripts are engaged in work for socio-economic development for nine months. The Committee recalls that under the terms of Article 2(2)(a) of the Convention, 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 character. The Committee notes that the provisions of Act No. 2007-27 and of Decree No. 2007-486 are not in compliance with this condition as those conscripted for military service of national interest are assigned to work for socio-economic development that is not of a purely military character. The Committee therefore requests the Government to take the necessary measures to amend or repeal Act No. 2007-27 and Decree No. 2007-486 so as to ensure conformity with the Convention.

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. The Committee observed that this Act is in contradiction with this provision of the Convention as persons subject to this compulsory civic and military service are assigned to a production unit in accordance with their occupational aptitudes and may be compelled to perform work that is not of a purely military character. As the Government indicated in this respect that the Act is no longer applied in practice, the Committee requested it to confirm that the Act had been formally repealed. In its report received in November 2006, the Government indicated that information on this matter would be provided to the ILO. However, the Government’s latest report does not contain any information on this matter. The Committee therefore once again requests the Government to indicate whether Act No. 83-007 of 17 May 1983 has actually been repealed and, if so, to provide a copy of the repealing Act.

The Committee is raising other points in a request addressed directly to the Government.