Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the Government's statement in its report that, within the context of the current political, administrative, economic and social changes, efforts will be made to amend or repeal the provisions that are not considered to be in accordance with the Convention.

1. Article 2, paragraph 2(a), of the Convention. In its previous comments, the Committee noted that, by virtue of Act No. 83-007 of 17 May 1983, which repealed Ordinance No. 80-3 of 11 February 1980 to regulate civic, patriotic, ideological and military service, civic service remains compulsory for all nationals of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 are 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 Government indicated its intention of amending certain provisions of the Act and supplied a draft text, with the indication that this text dispensed young graduates with the need to undertake civic service and that these young graduates were already dispensed with civic service in practice.

The Committee however noted that by virtue of Act No. 83-007 of 17 May 1983, 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 drew 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 notes the information supplied by the Government in its report that measures are currently being taken to amend or repeal the provisions of Act No. 83-007 of 17 May 1983 and that a draft communication to this effect has been submitted to the Council of Ministers.

The Committee hopes that the next report will contain information on any measure that has been taken in this connection 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 in this form and that consequently the Order of 18 June 1976 has no purpose. However, the Committee noted that 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 it was planned to insert into Order No. 207 a repayment clause linked to the length of training received, modelled 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 notes the Government's indication in its report that it is planned to amend or repeal the provisions in question and it hopes that the Government will supply information in the near future on the provisions that have been adopted in this respect.

3. Article 2, paragraph 2(d). The Committee noted 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 pointed out that 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 economy and to the higher interests of the nation". The Committee hopes that the Government will adopt a text in the near future restricting the requisitioning of public officials and the other personnel referred to above 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 that by virtue of sections 40 and 56 of Ordinance No. 80-2, of 6 February 1980, issuing the general conditions of employment of military personnel in the people's armed forces, officers are obliged to serve for a minimum of 20 or 25 years according to the length of their training.

The Committee refers once again to paragraphs 67 to 73 of its above General Survey of 1979, 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 once again requests the Government to indicate the measures that have been taken or are envisaged to ensure that effect is given to the Convention in this respect.