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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. 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. 1. Legislation concerning the dissemination of false information. In its previous comments, the Committee requested the Government to provide information on the application of section 266 of the Act No. 2015-07 concerning the Code of Information and Communication in the Republic of Benin of 22 January 2015, which 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. The Committee further noted that persons convicted to imprisonment may be under the obligation to perform social rehabilitation work, pursuant to section 67 of Decree No. 73 293 of 15 September 1973 issuing prison regulations.

In its report, the Government indicates that, although by law convicted persons under section 266 of the Code of Information and Communication may be required to work, in practice, they work on a voluntary basis. In relation to judicial decisions, the Government refers to the case of an investigative journalist condemned to 12 months’ imprisonment for “harassment of a person through electronic communications” under section 550 of the Act No. 2017-20 of April 20, 2018 on the Digital Code of the Republic of Benin. In this respect, the Committee notes that section 550(3) of the Digital Code punishes with one to six months’ imprisonment (involving compulsory labour) and a fine the dissemination of false information about a person on social networks or through any other electronic medium. The Committee further notes that, in its Opinion No. 46/2020, the United Nations Working Group on Arbitrary Detention found that this journalist had been arbitrarily detained as a result of the peaceful exercise of his right to freedom of expression. The Working Group also considered that the provisions of section 550 of the Digital Code of 2018 seem to lack clarity and may be used to punish the peaceful exercise of human rights (A/HRC/WGAD/2020/46, paragraphs 53–54). The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee has observed in this connection that the protection afforded by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence (paragraphs 302-303 of the 2012 General Survey on the fundamental Conventions).  The Committee therefore requests the Government to take the necessary measures to ensure that section 550 of the Digital Code, and, in particular, its subsection 3, is not used to prosecute or condemn persons who peacefully express political views or views opposed to the established political, social or economic system, for example, by removing the penalty of imprisonment involving compulsory labour. The Committee further requests the Government to continue to provide information on the application of section 550 of the Digital Code and section 266 of the Code of Information and Communication in practice, including the facts pursuant to which any prosecution or court decision was handed down based on these provisions, and the penalties imposed.

2. Legislation on public gatherings. The Committee observes that section 237 of the new Criminal Code (Act No. 2018-16 of 28 December 2018), in conjunction with its section 240, provides for a penalty of two months to one year’s imprisonment (involving compulsory labour) for delivering public speeches or preparation and distribution of written materials during unarmed gatherings, which can disturb the public peace. In this regard, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2020, expressed concern about the recent legislative amendments, including the provisions on gatherings in the Criminal Code, which may deter human rights defenders from carrying out their work and restrict their freedom to act (E/C.12/BEN/CO/3, paragraph 9). The Committee requests the Government to provide detailed information on the manner in which the prosecution authorities and courts apply section 237 of the Criminal Code, in conjunction with its section 240, to enable the Committee to assess the scope of these provisions. The Committee requests, in particular, information on the facts pursuant to which any prosecution was initiated or court decision was handed down based on these provisions, as well as the nature of the penalties imposed.

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

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.

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

Article 1(a) of the Convention. 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 recalls that its previous comments referred to a number of provisions under Act No. 60-12 of 30 June 1960 on the freedom of the press and Act No. 97-010 of 20 August 1997 liberalizing audiovisual communications and establishing special penal provisions for offences relating to the press and audiovisual communication, under which prison sentences involving the obligation to work in prison, could be imposed to punish various acts or activities related to the exercise of freedom of speech. The Committee observes in this respect that Act No. 2015-07 on the Code of Information and Communication in the Republic of Benin was adopted on 22 January 2015 and that this law repeals the two acts abovementioned. The Committee notes with satisfaction that henceforth the offences of defamation, insult and contempt committed by the press, printed matter, posters or any other modern means of mass communication are no longer sanctioned with prison sentences (articles 268 to 278).

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(c) of the Convention. Imposition of forced labour as a means of labour discipline. The Committee notes the adoption of the Maritime Code of the Republic of Benin (Act No. 2010-11 of 27 December 2010) which repeals the Merchant Shipping Code of 1968. The Committee notes with satisfaction that breaches of discipline to which its previous comments referred (such as, for example, absence without leave or refusal to obey an order) no longer give rise to imprisonment.

Article 1(a). 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. 1. Legislation on the press and communications. The Committee previously noted the drafting of a bill grouping all legislative texts governing the press with a view to adapting them to the requirements of this sector and bringing them into line with international conventions, and it expressed the hope that this bill would be adopted in the near future. The Committee has been drawing the Government’s attention for many years to certain provisions of Act No. 60-12 of 30 June 1960 on the freedom of the press, under which various actions or activities relating to the exercise of freedom of expression are punishable by imprisonment. Furthermore, convicted prisoners may be assigned social rehabilitation work under the terms of section 67 of Decree No. 73-293 of 15 September 1973 issuing prison regulations. The Committee referred more specifically to the following sections of the Act: section 8 (deposit of a publication with the authorities before it is released to the public); section 12 (a ban on publications of foreign origin in French or the vernacular, printed within or outside the country); section 23 (causing offence to the Prime Minister); section 25 (publication of false reports) and sections 26 and 27 (slander and insults). For the same reasons, the Committee also drew the Government’s attention to the following provisions of Act No. 97-010 of 20 August 1997 liberalizing audiovisual communications and establishing special penal provisions for offences relating to the press and audiovisual communications: section 79(3) (seditious shouting or chanting against the lawfully established authorities in public places or meetings); section 81 (offence to the President of the Republic); and section 80 (any provocation against the public security forces aimed at distracting them from their duty of defending security or of obeying the orders given by their chiefs for the enforcement of military laws and regulations).

The Committee notes that, in its report, the Government states that the bill of the Code of Information and Communications has indeed been submitted to the National Assembly for adoption, but that it still contains a number of actions punishable by imprisonment, particularly that of causing offence to the President of the Republic. It is for this reason that media professionals have been involved in lobbying the Parliament. The Government stipulates that, for a number of years now, whenever courts have handed down prison sentences in this area, they have always been suspended sentences. Furthermore, the supervisory bodies of the media contribute towards guaranteeing respect for the ethical rules of media professionals and to avoid misdemeanours, which limits the number of cases involving an infringement of these rules brought before the courts.

The Committee expresses the firm hope that, in the course of adopting the Code of Information and Communications, the above-mentioned provisions in Acts Nos 60-12 and 97-010 will be amended or repealed in such a way that no penalty of imprisonment under which prison labour may be required may be imposed for the simple fact of expressing political opinions or for peacefully expressing opposition to the established political, social or economic system, in accordance with Article 1(a) of the Convention. Pending this revision, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions of Acts Nos 60-12 and 97-010 by the national judicial authorities, also indicating the penalties imposed.

2. Legislation concerning political parties. Referring to its previous direct request, the Committee notes from information submitted by the Government that no prison sentence has been imposed on political leaders pursuant to the provisions of Title VI of the Charter of Political Parties (Act No. 2001-21 of 21 February 2001).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a) of the Convention. 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 refers to its previous comments and notes the Government’s statement that no penalties have been imposed on political leaders pursuant to the provisions of Title VI of the Charter of Political Parties (Act No. 2001-21 of 21 February 2003). It recalls that, under these provisions, prison sentences may be imposed on persons who found, direct or administer a political party in breach of the Charter of Political Parties. The Committee requests the Government to continue to supply information in its future reports on the application in practice of the provisions of Title VI of the Charter of Political Parties, sending copies of any relevant court decisions, if applicable.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a) of the Convention. 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. For many years the Committee has been drawing the Government’s attention to certain provisions of Act No. 60-12 of 30 June 1960 on the freedom of the press, under which various acts or activities relating to the exercise of freedom of expression are punishable by imprisonment, and that convicted prisoners may be assigned social rehabilitation work under the terms of section 67 of Decree No. 73-293 of 15 September 1973 issuing the prison regulations. The Committee referred more specifically to the following sections of the Act: section 8 (deposit of a publication with the authorities before its release to the public); section 12 (a ban on publications of foreign origin in French or the vernacular, printed within or outside the country); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publication of false reports); and sections 26 and 27 (slander and insults).

The Committee also referred to Act No. 97-010 of 20 August 1997 liberalizing audiovisual communication and establishing special penal provisions for offences relating to the press and audiovisual communications. While noting that the provisions of Act No. 97-010 prevail should they conflict with those of the Act on the freedom of the press, the Committee pointed out that the two Acts are different in scope, since Act No. 97-010 covers audiovisual communications and the Act on the freedom of the press covers printing, books and periodicals. This being the case, the Committee also drew the Government’s attention to certain provisions of Act No. 97-010: section 79(3), under which “any seditious shouting or chanting against the lawfully established authorities in public places or meetings” is punishable by imprisonment of six months to two years; section 81, under which causing offence to the President of the Republic is punishable by imprisonment of one to five years; and section 80, which establishes the penalty of imprisonment of two to five years for any provocation against the public security forces aimed at distracting them from their duty of defending security or of obeying the orders given by their chiefs for the enforcement of military laws and regulations.

The Government indicates in its report that the four laws governing the press (Act No. 60-12 of 30 June 1962 on the freedom of the press; Act No. 97-010 of 20 August 1997 liberalizing audiovisual communications; Act No. 84-007 of 15 March 1984 on advertising posters; and Ordinance No. 69-22/PR/MJL of 4 July 1969 establishing penalties for certain acts likely to cause a breach of the peace and for the publication, dissemination and reproduction of false reports) have become outdated in relation to the requirements of this sector and must be amended to be brought into line with international conventions. The Government also indicates that these legislative texts have been grouped together in one law, the draft of which will soon be referred to Parliament for adoption, and also that the Committee’s comments have been taken into account in this bill, so that the exercise of freedom of expression and the expression of views opposed to the established political, social or economic system will no longer incur the penalty of imprisonment.

While noting these indications, the Committee hopes that the bill will be adopted in the near future and that the legislation governing the press and audiovisual communication sectors will be amended in such a way that no penalty including compulsory labour may be imposed as punishment for expressing political opinions or for peacefully expressing opposition to the established political, social or economic system. Pending this revision, the Committee requests the Government to continue to supply information on the application in practice of Acts Nos 60-12, 97-010, 84-007, 69-22 and Ordinance No. 69-22/PR/MJL by the national judicial authorities, including the penalties imposed.

Article 1(c). Imposition of forced labour as a means of labour discipline. The Committee again notes the Government’s statement that the Merchant Shipping Code has been submitted to the National Assembly for adoption and that sections 215, 235 and 238 of the Code of 1968 will be amended to take account of the Committee’s comments. While noting these indications, the Committee expresses the strong hope that the Merchant Shipping Code will be adopted in the very near future, and that it will not contain provisions allowing the imposition of prison sentences involving the obligation to work for breaches of labour discipline where they do not endanger the safety of the vessel or the life or health of persons. The Government is requested to send a copy of the new Merchant Shipping Code once it has been adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, subparagraph (a), of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous direct request, the Committee noted the adoption of Act No. 2001‑21 of 21 February 2003 issuing the Charter of Political Parties. It noted that under Title VI of the Act, (“Penal provisions”), sentences of imprisonment may be imposed as a punishment for founding, directing or administering a political party in breach of the Charter of Political Parties (and particularly certain specific provisions thereof), or for directing or administering a political party that is maintained or reconstituted during its suspension or after its dissolution. The Committee refers once again to its observation, in which it emphasizes that the Convention covers prison sentences involving compulsory labour where such sentences may be imposed for expressing political views or views ideologically opposed to the established political, social or economic system. It observes in this respect that prison sentences do involve the obligation to work under section 67 of Decree No. 73‑293 of 15 September 1973 establishing the prison regime. As the Government’s latest report, received in October 2008, does not contain any information on this matter, the Committee once again requests the Government to indicate whether the provisions of Title VI of the Act have already been applied in practice. If so, the Committee requests the Government to provide copies of any judicial decisions handed down so that it can assess the scope of the provisions of the above Act.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee recalled that Article 1(a) of the Convention prohibits the use of forced labour as punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. It emphasized, in particular, that when they involve compulsory labour, sentences of imprisonment fall within the scope of the Convention if they may be imposed for the expression of political views or views ideologically opposed to the established political, social or economic system. It observed that, by virtue of section 67 of Decree No. 73-293 of 15 September 1973, issuing the prison regulations, as amended by Decree No. 78-161 of 23 June 1978, convicted prisoners may be assigned to social rehabilitation work.

In view of the foregoing, the Committee has for many years been drawing the Government’s attention to certain provisions of Act No. 60-12 of 30 June 1960 on the freedom of the press under which various acts or activities relating to the exercise of freedom of expression are punishable by a prison sentence. The Committee referred more particularly to the following provisions of the Act: section 8 (deposit of a publication with the authorities before its release to the public); section 12 (ban on publications of foreign origin in French or the vernacular, printed within or outside the country); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (slander and insults).

The Committee also referred to Act No. 97-010 of 20 August 1997 liberalizing audiovisual communication and establishing special penal provisions relating to offences relating to the press and audiovisual communications. While noting that the provisions of Act No. 97-010 prevail should they conflict with those of the Act on the freedom of the press, the Committee pointed out that the two Acts are different in scope, since Act No. 97-010 covers audiovisual communications and the Act on the freedom of the press covers printing, books and periodicals. For the above reasons, the Committee also drew the Government’s attention to certain provisions of Act No. 97-010: section 79(3), under which “any seditious shouting or chanting against the lawfully established authorities in public places or meetings” is punishable by a sentence of imprisonment of from six months to two years; section 81, under which causing offence to the President of the Republic is punishable by imprisonment of from one to five years; and section 80, which punishes by imprisonment of from two to five years any provocation against the public security forces aimed at distracting them from their duty of defending security or of obeying the orders given by their chiefs for the enforcement of military laws and regulations.

In its last two reports, received in October 2008 and November 2006, the Government indicates that it intends to bring national laws into line with ratified Conventions. In this context, a department to promote fundamental rights at work was established in November 2005 with responsibility, inter alia, for ensuring that laws and regulations are consistent with Conventions. The Government adds in its latest report that a study of their conformity was carried out by the Ministry of Labour and the Public Service and validated in 2007, and that it takes into account the Committee’s observations. The report indicates that draft texts to repeal or amend the provisions in question will soon be submitted to the National Assembly and will be communicated to the Office once they have been adopted. The Committee notes the renewed will of the Government to amend the provisions of the national legislation which may be incompatible with the Convention and it hopes that these provisions will be reviewed so as to ensure that the normal exercise of freedom of expression and peacefully expressed opposition to the established political, social or economic system cannot be punished by imprisonment involving an obligation to work. The Committee once again requests the Government to specify whether the courts have had recourse to the above provisions of Acts Nos. 60-12 and 97-010 and, if so, to send copies of court decisions clarifying their scope.

Article 1(c). Imposition of forced labour as a means of labour discipline. For many years, the Committee has been drawing the Government’s attention to the need to amend sections 215, 235 and 238 of the Merchant Shipping Code of 1968. Under these provisions, certain breaches of labour discipline by seafarers are punishable by imprisonment which, pursuant to section 67 of Decree No. 73‑293 of 15 September 1973, involves the obligation to work. The Committee notes the Government’s indication in its last two reports that the draft Merchant Shipping Code that has been submitted to the National Assembly for adoption takes into account the Committee’s comments.

The Committee trusts that the new Merchant Shipping Code will be adopted very shortly and that it will make no provision for prison sentences involving the obligation to work to be imposed for breaches of labour discipline where they do not endanger the safety of the vessel or the life or health of persons. Please send a copy of the new Merchant Shipping Code as soon as it has been adopted.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a 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. 2001-21 of 21 February 2003 issuing the Political Parties’ Charter. It notes that under Title VI of the Act “Penal Provisions”, prison sentences may be imposed as punishment for founding, directing or administering a political party in breach of the Political Parties’ Charter (particularly certain provisions) or for directing or administering a political party that is maintained or reconstituted during its suspension or after its dissolution. The Committee refers to its observation, in which it points out that the Convention covers prison sentences involving compulsory labour where such sentences may be imposed for expressing political views or views ideologically opposed to the established political, social or economic system. It observes that prison sentences do involve an obligation to work under section 67 of Decree No. 73-293 of 15 September 1973 establishing the prison regime. The Committee requests the Government to indicate whether the provisions of Title VI of the Act have already been applied in practice. It also requests the Government to provide copies of any judicial decisions handed down so that it may assess the scope of the provisions of the abovementioned Act.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee reminded the Government that Article 1(a) of the Convention prohibits the use of forced labour as a punishment for expressing certain political views or views opposed to the established political, social or economic system. It stressed in particular that when they involve compulsory labour, sentences of imprisonment fall within the scope of the Convention when they may be imposed for expressing political views or views ideologically opposed to the established political, social or economic system. It observed that by virtue of section 67 of Decree No. 73-293 of 15 September 1973 issuing the prison regulations, as amended by Decree No. 78‑161 of 23 June 1978, convicted prisoners may be assigned to social rehabilitation work.

In view of the foregoing, the Committee has for many years been drawing the Government’s attention to certain provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press under which various acts or activities relating to the exercise of freedom of expression are punishable by a prison sentence. It referred more particularly to the following provisions: section 8 (deposit of a publication with the authorities before its release to the public); section 12 (ban on publications of foreign origin in French or the vernacular printed in or outside the country); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); sections 26 and 27 (slander and insults).

The Committee likewise referred to Act No. 97-010 of 20 August 1997 liberalizing audiovisual communication and establishing special penal provisions relating to offences in the area of the press and audiovisual communications. While noting that the provisions of this Act prevail should they conflict with those of the abovementioned Act on the Freedom of the Press, the Committee pointed out that the two Acts were different in scope, since Act No. 97-010 covers audiovisual communication and the Act on the Freedom of the Press covers printing, books and periodicals. For the above reasons, the Committee also drew the Government’s attention to certain provisions of Act No. 97-010: section 79(3), under which “any seditious shouting or chanting against the lawfully established authorities in public places or meetings” is punishable by a sentence of imprisonment of from six months to two years; section 81, under which to cause offence to the President of the Republic is punishable by imprisonment of from one to five years; and section 80, which punishes by imprisonment of from two to five years any provocation of the public security forces aimed at distracting them from their duty of defending security or of obeying the orders given by their chiefs for the enforcement of military laws and regulations.

In its last report, the Government indicates its intention of ensuring that national laws are brought into line with ratified Conventions, and that in November 2005 a department to promote fundamental rights at work was established for the purpose, inter alia, of ensuring that laws and regulations are consistent with Conventions. The Government adds that the provisions of the offending texts will thus be revised. The Committee takes note of the Government’s resolve to amend provisions of the national legislation that could be incompatible with the Convention. It hopes that these provisions will be revised to ensure that normal exercise of freedom of expression and peacefully expressed opposition to the established political, social or economic system may not be punished by imprisonment involving an obligation to work. It requests the Government once again to specify whether the courts have had recourse to the abovementioned provisions of Acts Nos 60-12 and 97-010 and, if so, to send copies of court decisions clarifying their scope.

Article 1(c). Imposition of forced labour as a means of labour discipline. For many years, the Committee has been drawing the Government’s attention to the need to amend sections 215, 235 and 238 of the Merchant Shipping Code of 1968. Under these provisions, certain breaches of labour discipline by seafarers are punishable by imprisonment which, pursuant to section 67 of Decree No. 73‑293 of 15 September 1973, involves the obligation to work. The Committee notes that in its last report, the Government states that the draft Merchant Shipping Code submitted to the National Assembly for adoption takes account of the Committee’s comments.

The Committee trusts that the new Merchant Shipping Code will be adopted very shortly and that it will make no provision for prison sentences involving the obligation to work to be imposed for breaches of labour discipline where they do not endanger the safety of the vessel or the life or health of persons. Please send a copy of the new Code as soon as it is adopted.

The Committee raises other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with satisfaction that Act No. 2001-09 of 21 June 2002 respecting the exercise of the right to strike repeals Ordinance No. 69-14/MFPRAT of 19 June 1969, under which striking workers could be requisitioned under penalty of imprisonment.

1. Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been drawing the Government’s attention to certain provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press, under which sentences of imprisonment may be imposed as punishment for various acts or activities relating to the exercise of the right of expression. Moreover, by virtue of section 67 of Decree No. 73-293 of 15 September 1973 issuing the prison regulations, as amended by Decree No. 78-161 of 23 June 1978, convicted prisoners may be assigned to social rehabilitation work.

More precisely, the Committee referred previously to the following sections of the Act: section 8 (deposit of a publication with the authorities before its release to the public); section 12 (allowing a ban on publications of foreign origin in French or the vernacular printed in or outside the country); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); sections 26 and 27 (slander and insults).

The Committee also noted previously that Act No. 97-010 of 20 August 1997, liberalizing audiovisual communications and establishing special penal provisions relating to offences in the area of the press and audiovisual communications, does not repeal Act. No. 60-12 referred to above, but that in the event of conflicting provisions those of Act No. 97-010 prevail. It emphasized that these two laws were different in scope, as Act No. 97-010 covers audiovisual communication and Act No. 60-12 relates to printing, sales of books and periodicals. Furthermore, the Committee regretted that some of the provisions of the new Act were similar to those of Act No. 60-12, on which it had commented. For example, under section 79(3) of Act No. 97-010, "any seditious shouts or chants against the lawfully established authorities in public places or meetings" are punishable by a sentence of imprisonment of from six months to two years; causing offence to the President of the Republic is punishable by imprisonment of from one to five years, under section 81; and section 80 punishes by imprisonment of from two to five years any provocation of the public security forces aimed at distracting them from their duty of defending security or obeying the orders given by their chiefs for the enforcement of military laws and regulations.

The Committee recalls that Article 1, paragraph 1(a), of the Convention prohibits the use of forced labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Sentences of imprisonment, when they involve compulsory labour, come under the scope of the Convention when they are imposed to uphold the prohibition of expressing views or opposition.

In its last report, the Government indicates that it will make every effort to ensure that the national laws are brought into conformity with the Convention as soon as possible. The Committee therefore once again requests the Government to take the necessary steps to ensure observance of the Convention and to guarantee that no sentence of imprisonment which may involve compulsory labour may be imposed as a punishment for activities related to freedom of expression. It would also be grateful if the Government would provide any relevant information on the effect given in practice to the above provisions of Acts Nos. 60-12 and 97-010, together with copies of any court decisions clarifying their scope.

2. Article 1(c). Imposition of forced labour as a means of labour discipline. Since 1970, the Committee has been drawing the Government’s attention to the need to amend sections 215, 235 and 238 of the Merchant Shipping Code of 1968. Under these provisions, certain breaches of discipline by seafarers are punishable by imprisonment which, in accordance with section 67 of Decree No. 73-293 of 15 September 1973, involves the obligation to work. In its last report, the Government indicates that the draft new Merchant Shipping Code has still not been adopted.

The Committee hopes that it will be possible to adopt the new Merchant Shipping Code in the very near future. It trusts that the Government will take all the necessary measures to ensure that the new Merchant Shipping Code does not contain provisions allowing the imposition of sentences of imprisonment, involving the obligation to work, for breaches of labour discipline where they do not endanger safety. Please provide a copy of the new Merchant Shipping Code as soon as it is adopted.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 1(a) of the Convention. In its previous comments, the Committee noted that the provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press provides for imprisonment involving compulsory labour for various acts or activities related to the exercise of the right of expression. The Committee referred in this connection to the following provisions: section 8 (deposit of a publication with the authorities before its circulation to the public); section 12 (allowing a ban on publications of foreign origin in French or in the vernacular printed in or outside the country); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (slander and insults).

The Committee expressed the hope that the new Act on freedom of information, to which the Government had referred in its report, would be adopted promptly and would guarantee that no term of imprisonment involving compulsory labour could be imposed as a penalty for activities related to the exercise of the right of expression.

The Committee noted the adoption of Act No. 97-010 of 20 August 1997, liberalizing audiovisual communications and establishing special penal provisions relating to offences in the area of the press and audiovisual communications, provided by the Government, and the Government’s indication that the new Act does not repeal Act No. 60-12, but that in the event of conflicting provisions, those of Act No. 97-010 prevail.

The Committee observed that the provisions of the new Act did not eliminate the divergences between the national legislation and the Convention, since the scope of the new Act covered audiovisual communications but not "printing, sales of books and periodicals", which fall within the scope of Act No. 60-12 of 30 June 1960. The Committee regretted that some provisions of the new Act were similar to those of Act No. 60-12. It noted that, under section 79 of Act No. 97-010, "any seditious shouts or chants against the lawfully established authorities in public places or meetings" are punishable by a sentence of imprisonment of from six months to two years, and that causing offence to the President of the Republic is punishable by imprisonment of from one to five years, under section 81; section 80 punishes by imprisonment of from two to five years any provocation of the public security forces aimed at distracting them from their duty of defending security and obeying the orders given by their chiefs for the enforcement of military laws and regulations. Section 67 of Decree No. 73-293 of 15 December 1973 establishing the prison regulations allows convicts to be assigned to social rehabilitation work.

The Committee asked the Government to take the necessary steps to ensure observance of the Convention and to provide all relevant information on the application in practice of the abovementioned provisions of Acts Nos. 60-12 and 97-010, together with copies of any court decisions clarifying their scope.

The Committee notes that in its report the Government indicates that, in the second phase of the ILO’s programme to support implementation of fundamental principles and rights at work, the texts to apply the fundamental Conventions, including Convention No. 105, are to be compiled and edited, and that the Committee’s observations will be studied in this context with a view to harmonizing domestic law with the provisions of the Convention.

The Committee hopes that the Government will be in a position to provide information in its next report on the measures taken to ensure that national law and practice are brought into line with the Convention.

Article 1(c). In its previous comments the Committee noted that under sections 215, 235 and 238 of the Merchant Shipping Code of 1968, certain breaches of discipline by seafarers were punishable by imprisonment involving compulsory labour. In its last report the Government states that the draft Merchant Shipping Code has not yet been adopted.

The Committee hopes that the new Code will ensure application of the Convention in this respect and asks the Government to provide a copy of it as soon as it is enacted.

Article 1(d). The Committee noted the comments on the application of the Convention made by the Confederation of Autonomous Trade Unions of Benin, dated 31 May 2000, which were forwarded by the Government.  The trade union organizations stated that the requisition procedure, as set out in Ordinance No. 69-14, constitutes forced labour and that the provisions of this Ordinance are in breach of international and constitutional provisions concerning the right to strike.

In its observations on the application of the Forced Labour Convention, 1930 (No. 29), the Committee has referred for many years to the provisions of the abovementioned Ordinance which allow workers on strike to be requisitioned under penalty of imprisonment.

The Committee notes with interest that, according to the Government’s statement in its reports on Conventions Nos. 29 and 105, an Act on the exercise of the right to strike has just been adopted and will be promulgated by the President of the Republic very shortly. The new Act repeals all the provisions of Ordinance No. 69-14/MFPRAT of 19 June 1969.

The Committee asks the Government to provide a copy of the Act on the exercise of the right to strike as soon as it has been promulgated.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 1(c) of the Convention.  The Committee had noted in earlier comments that under sections 215, 235 and 238 of the Merchant Shipping Code of 1968, certain breaches of labour discipline by seafarers are punishable by imprisonment, which involves the obligation to work. In its latest report, the Government indicates that the draft Merchant Shipping Code has not yet been adopted.

The Committee hopes that the Code will ensure compliance with the Convention on this matter and requests the Government to provide a copy of it once it has been adopted.

Article 1(d).  The Committee notes the observations on the application of the Convention made by the Confederation of Autonomous Trade Unions of Benin, dated 31 May 2000, which were forwarded by the Government. The trade union organization states that the requisition procedure, as set out in Ordinance No. 69-14, constitutes forced labour and that the provisions of this Ordinance violate international and constitutional provisions relating to the right to strike.

The Committee notes that, according to the Government’s report, the Bill on the exercise of the right to strike has not been adopted. It hopes to receive a copy of it when it has been adopted and that it will be in conformity with the Convention.

The Committee requests the Government to provide a copy of Ordinance No. 69-14, to which reference was made by the Confederation of Autonomous Trade Unions of Benin.

The Committee notes Decree No. 89-435, issuing regulations for the maintenance of public order, which was provided by the Government.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 1(a) of the Convention.  In its previous comments, the Committee noted that Act No. 60-12 of 30 June 1962 on the freedom of the press contains provisions envisaging sentences of imprisonment involving compulsory labour for certain acts or activities related to the exercise of the right of expression. The Committee referred in this respect to the following provisions: section 8 (deposit of a publication with the authorities before its circulation to the public); section 12 (permitting a ban on publications of foreign origin in French or in the vernacular printed within or outside the national territory); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (slander and insults).

The Committee had expressed the hope that the new Act on freedom of information, to which the Government had referred in its report, would be adopted rapidly and would guarantee that no term of imprisonment involving compulsory labour could be imposed as a penalty for activities related to the exercise of the right of expression.

The Committee notes the adoption of Act No. 97-010 of 20 August 1997, liberalizing audiovisual communications and the special penal provisions relating to offences in the field of the press and audiovisual communication, provided by the Government.

The Committee notes the Government’s statement that the new Act does not repeal Act No. 60-12, but that in the event of conflicting provisions, those of Act No. 97-010 prevail.

The Committee notes that the provisions of the new Act do not eliminate the divergencies between the national legislation and the Convention, since the scope of the new Act covers audiovisual communications, but not "printing, book sales and periodicals", which constituted the scope of Act No. 60-12 of 30 June 1960. Furthermore, the Committee regrets that certain of the provisions of the new Act are similar to provisions in Act No. 60-12. The Committee notes that, under section 79 of Act No. 97-010, "any seditious cries or chants against the legally established authorities in public places or meetings" shall be punishable by a sentence of imprisonment of from six months to two years, and that insulting the person of the President of the Republic shall be punished by imprisonment of from one to five years, under section 81; moreover, under section 80, provocation of the public security forces aimed at distracting them from their duty of defending security and obeying the orders given by their chiefs for the enforcement of military laws and regulations, shall be punishable with two to five years’ imprisonment. Under the terms of the new section 67 of Decree No. 73-293 of 15 September 1973, issuing the prison regulations, convicted prisoners may be assigned to social rehabilitation work.

The Committee requests the Government to take the necessary measures to ensure compliance with the Convention and to provide information on the application in practice of the above provisions of Acts Nos. 60-12 and 97-010, including copies of any court decisions which clarify the scope of the above provisions.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. 1. Following its observation, the Committee noted in its earlier comments that under sections 215, 235 and 238 of the Merchant Shipping Code, approved by Ordinance No. 38 PR/MTPTPT of 1968, certain breaches of discipline by seafarers are punishable by imprisonment; the Committee noted that a draft of a revised Code no longer made such breaches punishable by imprisonment. The Government indicates in its latest report received in September 1997 that the revised draft Merchant Shipping Code has not yet been adopted.

The Committee trusts that the revised Code will be adopted in the near future and that it will ensure the conformity with the Convention on this point. It requests the Government to supply a copy of the revised Code as soon as it is adopted.

2. In its earlier comments the Committee noted the Government's statement that a Bill respecting the exercise of the right to strike by civilian personnel employed by the State, territorial communities and public bodies and establishments, had been submitted to the National Assembly. In its latest report received in September 1997 the Government indicates that the Bill is still at the National Assembly. The Committee reiterates its hope that the Government will supply a copy of the text when it is adopted and that it will be in conformity with the Convention.

3. The Committee requests the Government once again to supply copies of the legislation in force respecting public security and public order.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In its previous comments the Committee noted that the provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press provides for sentences of imprisonment involving compulsory labour for certain acts or activities related to the exercise of the right of expression. The Committee referred in this connection to the following provisions: section 8 (deposit of the publication with the authorities before its circulation to the public); section 12 (permitting a ban on publications of foreign origin printed either inside or outside the country in French or in the vernacular); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (slander and insults). However, the Government indicated in its report received in September 1997 that a Bill on freedom of information and communication had been drafted but that the Bill has been resubmitted to the National Assembly for reasons of non-conformity with the Constitution. The Committee therefore reiterates its hope that the Bill on freedom of information and communication will shortly be adopted and that it will guarantee that no term of imprisonment including compulsory labour can be imposed as a sanction for acts or activities related to the exercise of the right of expression.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(a) of the Convention. 1. Following its observation, the Committee noted in its earlier comments that under sections 215, 235 and 238 of the Merchant Shipping Code, approved by Ordinance No. 38 PR/MTPTPT of 1968, certain breaches of discipline by seafarers are punishable by imprisonment; the Committee noted that a draft of a revised Code no longer made such breaches punishable by imprisonment. The Government indicates in its latest report received in September 1997 that the revised draft Merchant Shipping Code has not yet been adopted.

The Committee trusts that the revised Code will be adopted in the near future and that it will ensure the conformity with the Convention on this point. It requests the Government to supply a copy of the revised Code as soon as it is adopted.

2. In its earlier comments the Committee noted the Government's statement that a Bill respecting the exercise of the right to strike by civilian personnel employed by the State, territorial communities and public bodies and establishments, had been submitted to the National Assembly. In its latest report received in September 1997 the Government indicates that the Bill is still at the National Assembly. The Committee reiterates its hope that the Government will supply a copy of the text when it is adopted and that it will be in conformity with the Convention.

3. The Committee requests the Government once again to supply copies of the legislation in force respecting public security and public order.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(a) of the Convention. In its previous comments the Committee noted that the provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press provides for sentences of imprisonment involving compulsory labour for certain acts or activities related to the exercise of the right of expression. The Committee referred in this connection to the following provisions: section 8 (deposit of the publication with the authorities before its circulation to the public); section 12 (permitting a ban on publications of foreign origin printed either inside or outside the country in French or in the vernacular); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (slander and insults). However, the Government indicated in its previous report received in September 1997 that a Bill on freedom of information and communication had been drafted but that the Bill has been resubmitted to the National Assembly for reasons of non-conformity with the Constitution. The Committee therefore reiterates its hope that the Bill on freedom of information and communication will shortly be adopted and that it will guarantee that no term of imprisonment including compulsory labour can be imposed as a sanction for acts or activities related to the exercise of the right of expression.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 1(a) of the Convention. 1. In its previous comments, the Committee noted that the provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press provide for sentences of imprisonment involving compulsory labour for certain acts or activities related to the exercise of the right of expression. The Committee referred in this connection to the following provisions: section 8 (deposit of the publication with the authorities before its circulation to the public); section 12 (permitting a ban on publications of foreign origin printed either inside or outside the country in French or in the vernacular); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); and sections 26 and 27 (deformation and insult).

The Committee noted the information supplied by the Government in its report that a Bill on freedom of information and communication had been drafted. In its latest report, the Government states that the legislation on freedom of information and communication will be supplied in the near future.

The Committee hopes that the above Act will guarantee that no penalty of imprisonment involving compulsory labour can be imposed as a sanction for acts or activities relating to the exercise of the right of expression.

Article 1(c). 2. In its previous comments, the Committee noted that under sections 215, 235 and 238 of the Merchant Shipping Code, approved by Ordinance No. 38 PR/MTTPTPT of 1968, certain breaches of discipline by seafarers are punishable by imprisonment. The Committee noted that a draft of a revised Code no longer made such breaches punishable by imprisonment. The Committee notes the information provided by the Government in its report to the effect that a copy of the Merchant Shipping Code, as amended, will be supplied when it is adopted.

The Committee hopes that the Code, as amended, will be adopted in the near future and that it will comply with the Convention on this matter.

3. The Committee noted the Government's statement that a Bill respecting the exercise of the right to strike by civilian personnel employed by the State, territorial communities and public bodies and establishments, had been submitted to the National Assembly. In its latest report, the Government states that the Bill has still not been adopted. The Committee hopes that the Government will supply a copy of the text when it is adopted and enacted and that it will be in accordance with the Convention.

4. The Committee requests the Government to supply copies of the legislation that is in force respecting public security and public order.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report.

Prison labour. 1. The Committee has previously referred to the situation, with regard to prison labour, of persons under administrative internment and those sentenced for political offences. It noted the Government's indication that, by virtue of section 88 of Decree No. 73-293 of 15 September 1973 establishing the prison system, as amended by Decree No. 78-161 of 23 June 1978, persons sentenced to administrative internment and who are detained exceptionally in one of the prison establishments, and persons sentenced for political offences must be kept apart from ordinary law prisoners. The Government also indicated that such persons are not subjected to prison labour or to the social rehabilitation measures provided for in Decree No. 73-293 mentioned above. The Committee asked the Government to give statutory effect to this practice so as to remove all ambiguity.

The Committee notes the information provided by the Government in its report to the effect that Act No. 90-028 of 9 October 1990 repealing the provisions of the Acts and Ordinances creating administrative detention in security cases should solve any problem of ambiguity. The Government adds that no one is at present in administrative detention or under sentence on political grounds.

The Committee hopes that the Government will supply a copy of the Act when it has been promulgated and that the Government will lay down a rule of law that any person sentenced on political grounds shall not be compelled to work.

Article 1(a) of the Convention. 2. In its previous comments, the Committee noted that the provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press provide for sentences of imprisonment involving compulsory labour for certain acts or activities relating to the exercise of the right of expression. The Committee referred in this connection to the following articles: section 8 (deposit of publication with the authorities before its circulation to the public); section 12 (provision for a ban on publications of foreign origin printed either inside or outside the country, in French or the vernacular); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); sections 26 and 27 (defamation and insult).

The Committee notes the information supplied by the Government in its report that a Bill on the freedom of information and communication has been drafted. The Committee also recalls that, under section 142 of the Constitution a central audio-visual and communication authority is responsible for guaranteeing and securing the freedom and protection of the press, and hopes that the Bill which is adopted will guarantee that no sentences of imprisonment involving compulsory labour can be inflicted as penalties for acts or activities relating to the exercise of the right of expression.

Article 1(c). 3. In its previous comments, the Committee noted that under sections 215, 235 and 238 of the Merchant Shipping Code, approved by Ordinance No. 38 PR/MTTPTPT of 1968, certain breaches of discipline are punishable by imprisonment. The Committee noted that a draft of a revised Code had been prepared in which these breaches were no longer punishable by imprisonment. The Committee notes the indication in the Government's report that a copy of the revised Merchant Shipping Code will be communicated as soon as it has been adopted.

The Committee hopes that the revised Code will be adopted shortly and will ensure observance of the Convention on this point.

4. The Committee notes the statement in the Government's report that a Bill concerning the exercise of the right to strike of civilian personnel of the State, territorial communities and public bodies and establishments is before the National Assembly. The Committee hopes that the Government will provide a copy of the text as soon as it has been adopted and promulgated and that they will be in conformity with the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest that a new Constitution was adopted in 1990 guaranteeing in particular, in sections 23, 24, 25 and 31, freedom of opinion and expression, freedom of the press, freedom of association and assembly, the right to hold processions and demonstrations and the right to strike. Under section 40, it is the duty of the State to ensure the dissemination and teaching of the Constitution, the Universal Declaration of Human Rights, the African Charter of Human and Peoples' Rights, and all international instruments that have been duly ratified concerning human rights. Under section 114, a Constitutional Court decides on the constitutionality of the law and guarantees basic human rights and fundamental freedoms. Under section 142, a central audio-visual and communication authority is responsible for guaranteeing and securing freedom and protection of the press. The Committee also notes that, according to the provisions of section 158, unless any new texts are issued, the legislation in force remains applicable pending the establishment of the new institutions, in so far as it is not contrary to the Constitution.

The Committee also notes Law No. 90-028 of 9 October 1990 providing amnesty for acts other than those of common offenders, committed between 26 October 1972 and 9 October 1990.

The Committee also notes the Government's statement in its report that work on the revision of texts that are contrary to the provisions of the Convention is under way. The Committee hopes that the Government will provide information on the measures taken or envisaged to ensure observance of the Convention with regard to a number of provisions to which the Committee refers in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report to the effect that, as part of the political, administrative, economic and social changes now taking place, provision will be made for amendment or repeal of provisions that are considered to be inconsistent with the Convention. The Committee hopes that the Government will provide information on the measures taken or are contemplated relating to the points which it raised in its previous comments.

The Committee has furthermore learnt with interest of the information that a new Constitution has been adopted which guarantees political pluralism and that legislative elections were held in February 1991, in which some 40 political parties participated; presidential elections are to be held in March, for which several candidates are standing.

The Committee asks the Government to supply a copy of the Constitution and of the provisions issued under it which may be of relevance to the application of the Convention.

1. Prison labour. The Committee has previously referred to the situation, with regard to prison labour, of persons under administrative internment and those sentenced for political offences. It noted the Government's indication that, by virtue of section 88 of Decree No. 73-293 of 15 September 1973 establishing the prison system, as amended by Decree No. 78-161 of 23 June 1978, persons sentenced to administrative internment and who are detained exceptionally in one of the prison establishments, and persons sentenced for political offences must be kept apart from ordinary law prisoners. The Government also indicated that such persons are not subjected to prison labour or to the social rehabilitation measures provided for in Decree No. 73-293 mentioned above. The Committee asked the Government to give statutory effect to this practice so as to remove all ambiguity.

The Committee hopes that the Government will indicate the measures that have been taken or are envisaged to ensure that, in both law and practice, persons under administrative internment and those sentenced for political offences are not subjected to prison labour.

2. Article 1(a) of the Convention. The Committee noted that the provisions of Act No. 60-12 of 30 June 1962 on the freedom of the press provide for sentences of imprisonment involving compulsory labour for certain acts or activities relating to the exercise of the right of expression. In this context, the Committee referred to the following sections: section 8 (deposit of publication with the authorities before its circulation to the public); section 12 (provision for ban on publications of foreign origin printed, either inside or outside the country, in French or the vernacular); section 20 (incitement to commit an act classified as an offence); section 23 (causing offence to the Prime Minister); section 25 (publishing false reports); sections 26 and 27 (defamation and insult).

The Committee again asks the Government to provide information on the application in practice of the above provisions and on the measures taken or envisaged to ensure that no sentences of imprisonment involving compulsory labour be imposed as punishment for acts or activities relating to the exercise of the right of expression.

3. Article 1(c). The Committee has noted for many years that by virtue of sections 215, 235 and 238 of the Merchant Shipping Code approved by Ordinance No. 38 PR/MTTPTPT of 1968 certain breaches of discipline are punishable by imprisonment. In its previous comments, it noted the information supplied by the Government for the period ending 30 June 1987, to the effect that a draft of a revised Merchant Shipping Code was being prepared, and took note of an extract from the above draft which the Government included with its report. The Committee noted that, in the above draft, the breaches of discipline referred to in the sections mentioned above are punishable by fine and no longer by sentences of imprisonment.

The Committee asks the Government to provide information on the progress of the above draft and on any measures taken or are contemplated to ensure that the Convention is observed in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. Prison labour. In its comments over a number of years, the Committee has referred to the situation, with respect to prison labour, of persons under administrative internment and those sentenced for political offences. The Committee requested the Government to state whether or not such persons were liable to prison labour and, if not, to give statutory effect to this practice in order to remove all ambiguity in the matter.

The Committee noted that the Government referred in its report for the period ending 15 October 1987 to the provisions of section 88 of Decree No. 73-293 of 15 September 1973 establishing the prison system, as amended by Decree No. 78-161 of 23 June 1978, which provides that persons sentenced to administrative internment and are detained exceptionally in one of the prison establishments and persons sentenced for political offences must be kept apart from common law prisoners. The Government also stated that such persons are not currently subjected to prison labour or the social rehabilitation measures provided for in Decree No. 73-293 mentioned above.

The Committee recalls the indications contained in paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour that all forms of compulsory labour including compulsory prison labour, are covered by the 1957 Convention if they are imposed in the five cases specified in the Convention. The Committee again requests the Government to indicate the measures adopted to ensure that, both in law and in practice, compulsory prison labour shall not be exacted from persons under administrative internment or persons sentenced for political offences. Meanwhile, the Committee requests the Government to supply information on the practical effect given to the provisions concerning administrative internment, in particular on the reasons for such internments, their duration, the cases in which such internments are extended and the number of persons concerned.

2. Article 1(a) of the Convention. The Committee noted that, according to the Government, Act No. 60-12 on the freedom of the press has not yet been repealed, but that the sentences of imprisonment provided for in this text do not obstruct freedom of expression in that they sanction only the infringement of one of the procedures required for the exercise of such freedom, or acts of vandalism, or libel. The Committee requests the Government to provide information on the application of this Act and on the measures contemplated to ensure that no sentences of imprisonment involving compulsory labour shall be passed as punishment for acts or activities relating to the exercise of the right of expression.

3. Article 1(c). The Committee noted the draft amendments to the Merchant Shipping Code. It noted that the Government has taken account of the Committee's observations over a number of years concerning sections 213, 235 and 238 of the current Code and that the breaches of discipline covered by the above sections will be punishable only by fine. However, the Committee noted that the new section 183 has made several breaches of discipline punishable by sentences of imprisonment whereas they are punishable only by fine in the present Code. This is the case of the breaches covered by sections 217 and 219 of the Code for any captain who is not on board when his ship enters or leaves ports, harbours, roadsteads or rivers and for any captain who refuses or omits without legitimate reason: (1) to make the required notification in the event of an offence being committed on board; (2) to fulfil the obligations incumbent upon him as acting registrar; (3) to keep all statutory documents regularly, in particular the log-book (section 183 of the draft Code). Since such breaches are not liable to endanger the vessel or the life or health of persons on board, the Committee again requests the Government to re-examine the draft Code in the light of the explanations given in paragraphs 110 and 117 to 119 of its 1979 General Survey and to report on the progress of this draft.