Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Abolition of Forced Labour Convention, 1957 (No. 105) - Benin (Ratification: 1961)

Article 1(a) of Conference. Imposition of prison sentences involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes the adoption of Act No. 2015-07 concerning the Code of Information and Communication in the Republic of Benin, on 22 January 2015. Referring to its observation, the Committee notes that section 265 still provides for a penalty of six months to three years’ imprisonment in case of any provocation, through one of the means enumerated in the law, against the public security forces and the army aimed at distracting them from their duty of defending security or of obeying the orders given by their chiefs. Likewise, section 266 provides for a penalty of six months to three years’ imprisonment and/or a fine for the publication, distribution and reproduction by any means of false news, fabricated, falsified or deceptive materials attributed to a third person, which is done in bad faith and disturbs the public peace. In this regard, the Committee recalls that convicted prisoners may be under the obligation to perform social rehabilitation work under the terms of section 67 of Decree No. 73 293 of 15 September 1973 issuing prison regulations. The Committee therefore requests the Government to provide detailed information on the manner in which prosecution authorities and courts apply sections 265 and 266 of the Code of Information and Communication in practice, to enable the Committee to assess the scope of these provisions. In particular, please describe the facts pursuant to which any court decision was handed down based on these provisions, as well as the nature of the sanctions imposed.