Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a 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. The Committee previously noted several provisions of the national legislation that may permit the imposition of prison sentences involving compulsory labour for acts that may consist of the peaceful expression of political views or views opposed to the established political, social or economic system. It referred in particular to the following provisions:

• section 266 of the Information and Communication Code, which provides for the possibility of handing down a prison sentence of from six months to three years for the publication, distribution or reproduction of false news, fabricated, falsified or untruthful materials attributed to third parties, which are produced in bad faith and disturb the public peace; and
• section 550 of the Digital Code, which, in its third paragraph, provides for the possibility of handing down a prison sentence of from one to six months for the dissemination of false information against a person on social networks or any other electronic means.

The Government indicates in its report that information concerning the application in practice of the above provisions has been requested from the courts and will be provided as soon as it becomes available. The Government further emphasizes that convictions to sentences of imprisonment involving compulsory labour have been abolished in this regard. The Committee emphasizes in this regard that, under section 801 of the Code of Criminal Procedure and section 5 of Decree No. 2025-014 of 22 January 2025 on the organization of prison labour, persons sentenced to a custodial sentence for crimes or offences are required to work. The Committee recalls in this regard that, when a person is required to work, including as part of a custodial sentence such as imprisonment, because they have expressed political views or views opposed to the established political, social or economic system, this falls within the scope of the Convention and is contrary to Article 1(a).

The Committee further notes that, in its concluding observations of 7 October 2025, the United Nations Committee on Enforced Disappearances expressed concern at the allegations received concerning restrictions currently faced by civil society actors in the country as they seek to prevent and combat human rights violations (CED/C/BEN/CO/1). In this context, the Committee requests the Government to ensure, in both law and practice, that the above provisions of the Information and Communication Code and the Digital Code are not used to impose prison sentences involving compulsory labour as a punishment for expressing political views or for peacefully expressing views opposed to the established political, social or economic system. The Committee requests the Government to indicate the measures taken to review the above provisions for this purpose, for example by limiting their scope to situations involving incitement to violence or hatred, or by repealing penalties involving the requirement to work. In the meantime, the Committee requests the Government to provide information on any penalties imposed under sections 550 of the Digital Code and section 266 of the Information and Communication Code.

2. Legislation on public assemblies. The Committee previously requested the Government to provide information on the manner in which section 237 of the Criminal Code, read in conjunction with section 240, is applied, which provides for the possibility of imposing a prison sentence of from two months to one year for delivering public speeches or for the preparation and distribution of written materials during unarmed gatherings which could disturb the public peace.

The Government indicates that sections 237 and 240 of the Criminal Code are primarily intended to prevent disturbances to public order and incitement to violence. It indicates that public demonstrations are not prohibited, but are subject to compliance with an administrative procedure. It adds that information on court decisions will be communicated once it is available. The Committee once again requests the Government to provide information on the application in practice of section 237 of the Criminal Code, read in conjunction with section 240, indicating whether any convictions have been handed down under these provisions, the penalties imposed and the acts that resulted in these convictions.

3. Definition of terrorism. The Committee notes that sections 161 et seq. of the Criminal Code on the suppression of terrorism define a number of acts of terrorism and establish penalties of up to life imprisonment. The Committee notes that, in a press release dated 27 November 2024, the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism reported hundreds of arrests made in connection with terrorism-related crimes since 2019, many of which appeared to be arbitrary or without adequate notification of the reasons for the arrest. The Committee requests the Government to provide information on the manner in which it ensures that the competent authorities do not resort to the provisions of the Criminal Code respecting terrorism to punish persons who express political views or peacefully express views opposed to the political, social or economic system with terms of imprisonment involving compulsory labour. The Committee also requests the Government to provide information on any application in practice of sections 161 et seq. of the Criminal Code, including by providing copies of relevant court decisions illustrating the scope of these provisions.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee notes that Act No. 2022-21 of 19 October 2022 amending and supplementing Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike reinstates the possibility of imposing a prison sentence involving compulsory labour in the event that striking workers refuse to comply with a requisition order, and for violations of strike prohibitions (new sections 11 and 21 of Act No. 2001-09). The Committee requests the Government to provide information on the measures taken to ensure that, in accordance with Article 1(d) of the Convention, persons participating peacefully in strikes cannot be subject to a sentence of imprisonment involving compulsory labour. The Committee also requests the Government to provide information on the application in practice of the above provisions of Act No. 2001-09 on the exercise of the right to strike, as amended, indicating the penalties imposed and providing copies of relevant court decisions.