Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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 noted a number of measures taken by the Government to combat trafficking in persons, including the establishment of an ad-hoc inter-ministerial committee to coordinate anti-trafficking efforts and the adoption of the Children’s Code (Act No. 2015-08 of 8 December 2015) that contains provisions relating to the sale and trafficking of children. The Committee requested the Government to intensify its efforts in this regard and to take the necessary steps to adopt appropriate legislative provisions criminalizing the trafficking of adults and to strengthen its institutional framework to provide adequate protection to victims.

The Committee notes the Government’s indication in its report that the bill to combat trafficking in persons is currently under review by the Supreme Court, after which it can be sent to the National Assembly for adoption. The Committee also notes that the new Criminal Code (Act No. 2018-16 of December 28, 2018) contains provisions covering all forms of trafficking. In particular, sections 499-501 of the Criminal Code prohibit trafficking in persons for the purpose of labour and commercial sexual exploitation and provide for a penalty of ten to twenty years’ imprisonment. The Government further indicates that a number of measures have been adopted to strengthen the institutional framework for combating trafficking in persons, which include the elaboration of a 2021-2025 Action Plan to Combat Trafficking in Persons in Benin; the establishment of special police units in risk areas; trainings for law enforcement bodies; strengthening airport controls for the identification of adult victims of trafficking travelling abroad as well as the cooperation with neighboring countries against transnational trafficking in persons. The Government further indicates that the statistical information on the court proceedings initiated with respect to the trafficking in persons cases and penalties imposed is currently being collected. The Committee welcomes the measures taken by the Government to strengthen the legislative and institutional framework to combat trafficking in persons, both for labour and sexual exploitation, and encourages the Government to continue its efforts in this regard. The Committee hopes that the bill to combat trafficking in persons will be adopted in the near future and that it will provide the adequate framework for planning, coordinating and strengthening the measures needed to prevent trafficking in persons, protect the victims and punish the perpetrators. The Committee further requests the Government to provide information on the adoption and the implementation of the 2021-2025 Action Plan to Combat Trafficking in Persons in Benin, including the specific measures taken and results achieved to prevent and combat trafficking in persons and to provide protection and assistance to victims. Lastly, it requests the Government to supply data on the application of sections 499-501 of the Criminal Code in practice, particularly information on the investigations carried out in relation of suspected cases of trafficking in persons, both for labour and sexual exploitation, the prosecutions initiated as well as the convictions and 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 legal texts regulating compulsory military service with a view to restricting the scope of work exacted from conscripts to work or service of a purely military nature, in accordance with Article 2(2)(a) of the Convention. The Committee particularly noted that conscripts to military service in the national interest may be assigned to socio-economic work under the following provisions of the Act No. 63-5 of 26 June 1963 concerning recruitment in the Republic of Benin; the Act No. 2007-27 of 23 October 2007 establishing military service in the national interest; and the 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.

While noting that it was no longer applied in practice, the Committee also requested the Government to formally repeal Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service which is 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.

In its reply, the Government indicates that it has taken note of the Committee’s comments concerning the need to amend the above-mentioned legislative provisions and that this issue will be considered by the Ministry of National Defence. Recalling that the Government previously indicated that military service in the national interest had been suspended since 2010, the Committee firmly hopes that the Government will take the necessary measures to amend the aforementioned provisions of Act No. 63-5, Act No. 2007-27 and Decree No. 2007-486 so that any activity that could be imposed in the context of military service is restricted to work of a purely military nature. The Committee requests the Government to provide information on any progress made in this respect as well as on the measures taken to formally abrogate Act No. 83-007 governing civic, patriotic ideological and military service.

Article 2(2)(c). Sentences of community work. The Committee observes that sections 36, and 44 to46 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of community work which consists in an obligation to perform work during a period up to eighteen months. The Committee further observes that, according to section 58 of the Criminal Code, the nature and the modalities for the performance of community work shall be determined by a ministerial decree. The Committee requests the Government to indicate whether the ministerial decree has been adopted pursuant to section 58 of the Criminal Code and to submit a copy of it. Please also indicate if the courts have handed down sentences of community work.