Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first and second reports and requests it to provide information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that in 1996 the Government adopted a population policy declaration covering a period of 15 years, the objectives of which include achieving a far-reaching and lasting solution to the problems of vocational training and employment, creating the conditions for the optimum development of the potential of young persons, mobilizing the population around the country’s socio-economic and demographic problems and reducing the proportion of the population living under the poverty line to 15 per cent by 2015 (it was 30 per cent in 2000). Following this declaration, the Government formulated a programme of action for the period 2001-06 covering the strengthening of institutional capacities, the promotion of lasting employment and the improvement of access to basic education. The Committee also notes that the economic situation of Benin is improving with, for example, an average annual economic growth rate of 5.2 per cent between 1997 and 2001. The Committee further notes that a National Commission for Development and to Combat Poverty was established in November 2000. This Commission is responsible for mobilizing the social and institutional partners for the preparation and implementation of poverty reduction programmes and for preparing and submitting to the Government a report on the implementation of poverty reduction measures. As the country’s poverty contributes to the development of the worst forms of child labour, the Committee encourages the Government to pursue its efforts in this connection. The Committee requests the Government to provide information on the impact of the poverty reduction strategy in Benin and to provide copies of the reports drawn up by the National Commission for Development and to Combat Poverty.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. The sale and trafficking of children. The Committee notes the absence of information in the Government’s report on the legal provisions prohibiting and penalizing the sale and trafficking of children. The Committee notes that no young person under 18 years of age may leave the national territory without being in possession of a special authorization issued by the sous-préfet, in accordance with section 1 of Act No. 61-20 of 5 July 1961 respecting the transfer of young persons under the age of 18 outside the national territory. The Committee notes that the Government indicated to the Committee on the Rights of the Child that, in view of the many cases of child victims of trafficking, Decree No. 95-191 of 24 June 1995 was adopted to establish the procedures for the issue of administrative authorizations to leave the national territory for persons under the age of 18 years. The written application for authorization to leave the country has to be submitted by the parents (or legal representative of the child) to the sous-préfet, with a reasoned supporting opinion from the head of the village, the mayor of the commune and the competent social assistant on each occasion that the young person leaves the national territory (section 3 of the Decree). The application has to indicate the reason for the trip, the identity of the person accompanying the child and the person who will have definitive responsibility for looking after the young person at the destination. An administrative inquiry must then be carried out by the prefect on the veracity of the parents’ consent and of the reasons given for the trip and the moral status of the applicant and the person accompanying the child (section 4 of the Decree). Any unconsidered acts by a sous-préfet in issuing the authorization, any false statements and the submission of any false documents makes those responsible liable to prosecution (section 9). The Committee requests the Government to indicate the number of authorizations to leave the territory granted each year and the reasons given.

The Committee notes that section 5 of Act No. 61-20 provides that any person who, for profit or for whatever reason, has deprived or attempted to deprive a young person under 18 years of age of their freedom, is guilty of an offence for which the penalty shall vary depending on whether the young person was abducted, deceived, deviated or removed without the consent of the persons responsible for the young person and whether the young person was handed over to the trafficker by the responsible persons. Section 354 of the Penal Code (as amended by Ordinance No. 73-37 of 13 April 1973) provides that any person who has concluded an agreement in Benin intended to deny the freedom of another person is guilty of an offence. The same applies to any person who brings into or endeavours to bring to Benin any persons intended to be covered by the agreement, or to remove or endeavour to remove persons from Benin with a view to the conclusion of such an agreement abroad (section 354A of the Penal Code). The Committee requests the Government to provide information on the effect given to these provisions in practice.

The Committee also notes that Benin is participating in a subregional programme to combat trafficking in children in West and Central Africa (LUTRENA). This three-year programme commenced in July 2001 with the collaboration of ILO/IPEC and covers Benin, Burkina Faso, Cameroon, Togo, Côte d’Ivoire, Gabon, Ghana, Nigeria and Mali. It is intended to prevent and eliminate trafficking in children for the exploitation of their labour. According to the ILO/IPEC activities report of September 2003 concerning the LUTRENA programme, discussions are being held within the Ministry of Justice with a view to adopting a law specifically addressing the trafficking of children for labour purposes. The Committee recalls that, under Article 3 of the Convention, the sale and trafficking of children constitute one of the worst forms of child labour and that, under Article 1, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to pursue its efforts and hopes that a law prohibiting and penalizing the sale and trafficking of children under 18 years of age will be adopted in the very near future so as to bring the national legislation into conformity with the Convention.

Clause (b). The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this matter. However, it notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/3/Add.52, paragraph 223), procuring is punishable under sections 330 et seq. of the Penal Code. Penalties are greater if the offence concerns a minor. The Government adds that prostitution by minors exists, but is not penalized, and that it affects young persons between the ages of 16 and 18 years. It adds that parents who encourage their children to prostitute themselves are severely punished by the competent authorities. The Committee notes that the Penal Code does not appear to prohibit the use of a child for prostitution, nor the use, procuring or offering of a child for the production of pornography or for pornographic performances. It therefore requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use of a child for the purposes of prostitution and the use, procuring or offering of a child for the production of pornography or for pornographic performances. Furthermore, the Committee requests the Government to provide it with a copy of the Penal Code.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on this subject. The Committee notes that section 3(d) of Act No. 87-009 of 21 September 1987 penalizes the illegal import, production, manufacture, transformation or export of toxic substances or plants classified by regulation as narcotics. The Committee notes that the legislation respecting the illicit trafficking of narcotics does not contain specific measures respecting the use, procuring or offering of a young person under 18 years of age for illicit activities. The Committee observes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.106, 24 August 1999, paragraph 31), recommended the State to take all appropriate measures, including legislative measures, to prevent the use of children in the illicit production and trafficking of such substances. The Committee recalls that, under Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities constitutes one of the worst forms of child labour. The Committee requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes that section 1 of Presidential Decree No. 61-323 of 21 October 1961 provides for the establishment of a National Narcotics Bureau of the Republic of Dahomey, one of the functions of which is to organize measures to combat drug addiction by taking all the necessary measures to prevent its development and to combat illicit trafficking. The Committee requests the Government to indicate whether the National Narcotics Bureau pays particular attention to the use, procuring or offering of children for the production and trafficking of drugs.

Clause (d). Hazardous work. 1. Self-employed workers. The Committee notes that Order No. 132, of November 2000 determines the hazardous types of work which may not be performed by young workers under 18  years of age. However, the Committee notes that this Order only applies to work carried out in enterprises covered by the Labour Code (section 1). It also notes that, under the terms of section 1, the Labour Code applies to any person who has undertaken to place their occupational activity, in return for remuneration, under the supervision and authority of an individual or a public or private association. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the protection of own-account workers under 18 years of age in relation to work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

2. Work on board ships. The Committee notes that work carried out by young persons on board ships is excluded from the scope of the Labour Code by section 2 of the Code and by section 1 of Order No. 132 of November 2000 determining the nature of the work and the categories of enterprises that are prohibited for young persons. The Committee notes that Act No. 98-015 issuing the general conditions of service of seafarers, of 12 May 1998, does not contain specific provisions respecting young workers under 18 years of age. The Committee requests the Government to provide information on the provisions which ensure that young persons under 18 years of age engaged on board vessels do not carry out work which is likely to harm their health, safety or morals.

3. "Vidomégons" children. The Committee notes the Government’s statement, in its report to the Committee on the Rights of the Child (CRC/C/3/Add.52, 4 July 1997, paragraphs 216-219), that 100,000 child domestic workers who do not attend school and are from rural areas are placed in families to do domestic work. According to this report (paragraph 219), around 65 per cent of the households in Cotonou and Porto-Novo employ one of these children, known as "vidomégons". The Government adds that around 52 per cent of these "vidomégons" only carry out domestic tasks. However, certain "vidomégons" are engaged in profit-earning sedentary (25 per cent) or ambulant (10 per cent) tasks in addition to domestic work. The representative of Benin to the Committee on the Rights of the Child (CRC/C/SR.544, 3 November 1999, paragraph 34), explained that child "vidomégons" were children placed in the home of a third party by their parents or by an intermediary in order to provide them with education and work. Once considered a sign of traditional solidarity between parents and family members, the practice has become open to abuse. Some of the children involved in the system are subjected to ill-treatment, or even physical and psychological violence. The Committee notes that Order No. 26 of 14 April 1998 determining the general conditions of employment of domestic employees does not contain specific provisions respecting persons under 18 years of age. The Order of 14 April 1998 only covers the situation of employees engaged in the service of individuals and performing domestic work permanently and continuously. Intermittent workers, engaged for a short duration not exceeding 20 hours a week, are not covered by the Order of 14 April 1998 and are only subject to the stipulations of the parties (section 1 of the Order). The Committee notes that, according to the information provided by the Government representative to the Committee on the Rights of the Child (CRC/C/SR.545, 1 June 1999, paragraph 38), two regional seminars were organized to discuss the recruitment of young girls as maids. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.106, 24 August 1999, paragraph 30), expressed concern at the situation of child "vidomégons". The Committee requests the Government to indicate the measures adopted or envisaged to ensure that child domestic workers under 18 years of age, including "vidomégons", do not carry out work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. 1. Work likely to harm the morals of children. The Committee notes that Inter-ministerial Order No. 132 of November 2000, issued under section 168 of the Labour Code, determines the nature of the work and the categories of enterprises prohibited for young persons and the age limit up to which this prohibition applies. The Committee notes that, under section 3 of Order No. 132, the head of the establishment or enterprise is under the obligation to ensure that the work entrusted to a young worker is commensurate with her or his strength. It also notes that only certain activities are specifically prohibited for persons under 18 years of age. The Committee notes that the list of types of hazardous work does not contain any reference to work that is likely to harm the morals of children. The only protection measure is contained in section 2 of the Order, which provides that heads of establishments or enterprises in which young workers under 18 years of age are employed are under the particular obligation to maintain moral standards and the observance of public decency. The Committee notes that this is a general protection measure, but not a prohibition of the employment of young persons under 18 years of age in work that is likely to harm their morals. The Committee reminds the Government that, under Article 4 of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this connection, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which contains a list of hazardous types of work to which consideration should be given; these include work which exposes children to physical, psychological or sexual abuse. The Committee therefore requests the Government to indicate the measures adopted or envisaged to prevent young persons under 18 years of age from being engaged in work that is likely to harm their morals.

2. Night work. The Committee notes that, under section 153 of the Labour Code, night work (that is, between 9 p.m. and 5 a.m., under section 154 of the Labour Code) is prohibited for young workers under 18 years of age. Derogations can however be granted by decree of the Council of Ministers, after an opinion by the National Labour Council. The Committee requests the Government to indicate whether a decree authorizing night work by children has been issued under section 153 of the Labour Code.

Article 4, paragraph 2. Identifying hazardous work. The Committee notes that the Government’s report does not provide any information on this subject. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where types of hazardous work exist. The Committee requests the Government to indicate the measures adopted or envisaged to identify where types of work determined as being hazardous exist, after consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodical examination and revision of the list determining types of hazardous work. The Committee notes the Government’s indication in its report that Ministerial Order No. 132 of 2000 establishing the nature of the work and the categories of enterprises prohibited for young persons has not yet been revised. The Committee observes that the Order does not contain any provision relating to the periodical examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of hazardous work determined in accordance with paragraph 1. It recalls that Article 4, paragraph 3, of the Convention provides that the list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 4, paragraph 3, of the Convention.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Brigade for the Protection of Young Persons. The Committee notes that, according to the statements by the Government representative to the Committee on the Rights of the Child (CRC/C/SR.545, 1 June 1999, paragraph 34), the Brigade for the Protection of Young Persons was established in 1999. It notes that this Brigade is composed of a police superintendent and three inspectors. According to the document attached to the Government’s report, a study by this Brigade has shown that trafficking of children in Benin is on the increase. According to the Brigade, 1,353 children, of which 1,117 were girls, were intercepted at the border between 1995 and 1998. The Committee requests the Government to continue providing information on the work of the Brigade for the Protection of Young Persons in relation to combating the worst forms of child labour.

2. Labour inspection. The Committee notes that, under section 274 of the Labour Code, labour inspectors may carry out any examination or inquiry which they consider necessary to satisfy themselves that the legal provisions are being strictly observed. They can enter freely and without previous notice, at any hour of the day or night, any workplace liable to inspection by the competent labour services. They may also interrogate the employer or the staff and require the production of any documents the keeping of which is prescribed by law. The Committee also notes that, under section 169 of the Labour Code and section 25 of Order No. 132 of 2000 determining the nature of the work and categories of enterprises prohibited for young persons, labour inspectors may require the examination of young persons by an approved doctor with a view to ascertaining that the work in which they are engaged does not exceed their strength. The Committee also notes that, under section 266 of the Labour Code, the labour administration has to prepare and publish an annual report on the activities of the inspection services under its control. Furthermore, the Committee notes that, according to the activities report of the national IPEC-Benin project, of July 2003, the labour inspectorate encounters many difficulties in intervening in the informal economy, in which child labour is essentially concentrated, in view of its shortage of human and material resources. The Committee requests the Government to indicate whether the annual labour inspection reports contain information relating to the worst forms of child labour and, if so, to provide copies. It also requests the Government to indicate the measures adopted or envisaged to strengthen the activities of labour inspectors, particularly in the informal economy.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes with interest that the Government signed a Memorandum of Understanding with the ILO in October 1997 to combat child labour. The objective of the project, which commenced in November 1999 and is due to be completed in December 2004, is to contribute to the abolition of child labour in Benin by focusing firstly on action relating to the worst forms of child labour. The Committee also notes that a network of journalists against the trafficking and ill-treatment of children (RETRAME-Benin) was created in September 2003 in the framework of the subregional programme to combat the trafficking of children in West and Central Africa (LUTRENA). This programme covers Benin, Burkina Faso, Cameroon, Togo, Côte d’Ivoire, Gabon, Ghana and Mali. In light of the persistence of the trafficking of children, despite the various activities undertaken by international institutions, non-governmental organizations and the Government, LUTRENA-Benin organized training events for journalists with a view to improving public awareness concerning the child victims of trafficking. The Committee requests the Government to provide information on the implementation of these programmes of action and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s reference in its report to sections 299 and 303 of the Labour Code. The Committee notes that, under section 299 of the Labour Code, any person who prevents a labour inspector from ordering the examination of young workers by an approved doctor with a view to ascertaining that the work in which they are engaged does not exceed their strength is liable to a fine of from 7,000 to 35,000 francs. The same penalty is incurred by any person who maintains a young worker in a job acknowledged to be beyond her or his strength by the labour inspector (section 169(2) of the Labour Code). It also notes that, under section 301 of the Labour Code, any person who violates the provisions of the Order determining the nature and categories of enterprises prohibited for young persons, shall be liable to a fine of from 14,000 to 70,000 francs and/or a sentence of imprisonment of from two weeks to two months. The same penalty is envisaged in section 302 of the Labour Code for violations of the provisions of section 153 of the Labour Code prohibiting night work by young workers under 18 years of age. The Committee notes that, under section 354 of the Labour Code, any person who has concluded an agreement in Benin with the objective of denying the freedom of a third person shall be liable to the death penalty. The same penalty shall be imposed for bring or attempting to bring individuals to Benin under the above agreement, or to remove or attempt to remove individuals from Benin with a view to concluding such an agreement abroad (section 354A of the Penal Code). It further observes that any person violating the provisions of section 3 of the Labour Code respecting the prohibition of forced labour is liable to a fine of between 140,000 and 350,000 francs and imprisonment of from two months to one year, or to one of these penalties (section 303 of the Labour Code). It also notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/3/Add.52, paragraph 223), the penalties envisaged in sections 330 et seq. of the Penal Code are greater where the offence of procuring is committed against a minor. The Committee requests the Government to provide information on the application of these penalties in practice, including the sentences of imprisonment imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, under article 13 of the Constitution, primary education is compulsory and the State progressively provides for public education to be free of charge. The Committee notes that, in the context of the poverty reduction programme in Benin, the Government is planning during the period 2003-05 that: (a) the gross school attendance rate should rise from 84 to 91 per cent; (b) the proportion of children repeating the same school year should fall from 17 to 13 per cent; and (c) the ratio of children to teachers should fall from 53 to 52. The Committee also notes that the Government will continue to subsidize registration in primary public schools free of charge, promote school attendance by girls and continue to support communities for the registration and maintenance of children at school. It will also continue increasing the recruitment of teachers. The Committee encourages the Government to continue its efforts with a view to ensuring the access of all children to free primary education. It requests the Government to continue providing information on the measures adopted for this purpose and their impact on the school attendance rate.

Clause (b) Assistance for the removal of children from the worst forms of child labour. The Committee takes due note of the Government’s indications that state mechanisms (the Ministry of the Public Service, Labour and Administrative Reform (MFPTRA), the Ministry of the Family and Social Protection and Solidarity (MFPSS), the Ministry of the Interior, Security and Decentralization (MISD)) work closely with non-governmental organizations (NGOs), which are very active in the field in identifying and locating the worst forms of child labour, removing children from these forms of work and providing for their social integration. The Government adds that, in this context, the State provides financial support to NGOs involved in actions for the withdrawal and reintegration of child workers. The Committee further notes that the State itself has a number of shelters for exploited child workers, including the Child Protection Centre in Aglangandan. The Committee notes with interest the implementation of various programmes of action in the context of cooperation with ILO/IPEC with a view to withdrawing child workers from sites for the breaking of granite in Bétérou and market gardens and their placement in centres with vocational options in Cotonou. Another programme covers the removal of children from begging and support for the improvement of their educational conditions in Donga.

Clause (c). Access to free basic education. Vocational training. The Committee notes that, according to the activities report of the ILO/IPEC programme for the abolition of child labour in Benin, a programme of action was established in 1999 on the apprenticeship of young persons in the enterprise staff training centre. It also notes that, during the first half of 2003, agreements were concluded for the implementation of practical activities. The first relates to the establishment of an information, training and vocational guidance centre for child domestic workers. A second agreement has the objective of establishing alternative education for child apprentices and the establishment of a listening and socio-vocational guidance post in Abomey Calavides. Another agreement was concluded with the Social Action Association for the Survival and Development of Children relating to socio-vocational reintegration. The Committee encourages the Government to pursue its efforts and requests it to provide information on the impact of these programmes.

Clause (d). Children at special risk. 1. Children working in agriculture. The Committee notes that various programmes of action have been established in the context of the cooperation with IPEC to identify and reach out to children at special risk. These include: (a) a plan of action for the protection of children using pesticides in agriculture in Banikoara; (b) a plan of action to ascertain the impact of the use of pesticides on the health of children working in cotton fields in Aplahoué in Mono; (c) a plan of action to assess the conditions of work and state of health of child metalworkers in Cotonou; and (d) a programme to abolish the use of pesticides by children in cotton fields through the production of a documentary on child rural workers. The Committee requests the Government to provide information on the impact of these programmes.

2. Child "talibes". The Committee notes that the Government representative informed the Committee on the Rights of the Child (CRC/C/SR.545, 1 June 1999, paragraph 38) that begging was against the law in Benin. However, he explained that there were many child beggars in Benin and that children from neighbouring countries came to Benin to beg. The Committee notes that, according to the Government, this phenomenon has cultural and religious origins. The Government indicates that the Islamic population is growing in the country and that children (talibes) enrolled in Koranic schools beg on behalf of their teachers. These children are placed with a master so as to receive a Koranic education. The Committee also notes that, according to the report entitled "National study to identify obstacles to the effective implementation of fundamental labour principles and rights" of August 2001, child talibes work in the major cities and areas in the north of Benin. The report indicates that child talibes, who all either do not attend school or have been removed from school, and are of an average age of between 10 and 12 years, are forced to work in fields, as porters and in other economic activities to pay for their food; 72 per cent of them show constant signs of fatigue. The Committee notes that the Government requested teachers in Koranic schools to cease the practice of asking their pupils to beg. Beggars were also sent home, but they often returned. The Committee requests the Government to provide a copy of the legal provisions prohibiting begging. It encourages the Government to establish a time-bound programme to ensure that child talibes under 18 years of age benefit from the protection afforded by the Convention.

3. Child victims of malaria and HIV/AIDS. The Committee notes that there are a significant number of deaths due to malaria and that HIV/AIDS is having disastrous economic and social consequences in Benin. The incidence rate of HIV/AIDS (4.1 per cent in 2001), without being truly alarming at the national level, is a cause for concern in certain departments (14 per cent) and due to the speed of its propagation in Benin. The Government has therefore made the prevention and treatment of these two diseases a national priority. It has established strategies and priority actions for the period 2000-05. The Committee notes that the malaria and AIDS epidemics have consequences on orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures adopted to improve the situation of these children.

Clause (e). Special situation of girls. The Committee notes the Government’s indications that it has undertaken major awareness campaigns against the worst forms of child labour in general and those affecting girls in particular. The Committee further notes that the State has decreed that compulsory primary education for girls is free. It notes that a programme of action to reach out to, guide and train girls and young girls in difficulty has been established. It also notes that the Brigade for the Protection of Young Persons has intercepted 1,350 child victims of trafficking, of whom 85 per cent were girls, with the latter benefiting from social integration measures. The Committee requests the Government to provide information on the impact of these measures on the elimination of the worst forms of child labour for girls.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indications that the authorities responsible for the implementation of the provisions giving effect to the Convention are: the Minister of the Public Service, Labour and Administrative Reform; the Minister of the Family, Social Protection and Solidarity (MFPSS); the Minister of Public Health (MSP); the Minister for Primary and Secondary Education (MEPS); the Minister for Technical Education and Vocational Training (METEP); and the Minister of Justice, Legislation and Human Rights. The Committee requests the Government to indicate the manner in which the coordination and coherence of the action undertaken by these various authorities is ensured.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Benin ratified the African Charter on Human and People’s Rights in 1986 and the African Charter on the Rights and Welfare of the Child in 1997. Benin has been party to the Convention on the Rights of the Child since 1990 and signed the optional protocols in 2001. It also signed the United Nations Convention against Transnational Organized Crime (the Palermo Convention) and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Furthermore, the Committee notes the Government’s indications that Benin and other West African countries (such as Côte d’Ivoire, Nigeria and Togo) have concluded bilateral and multilateral agreements to combat the transboundary trafficking of children for the purpose of their exploitation. The Committee requests the Government to provide copies of these bilateral agreements and to indicate their status or legal nature, and particularly their binding force.

Part III of the report form. The Committee notes the Government’s indication in its report that the Assize Court handed down a ruling on 10 August 1998 concerning the removal and sale of a young person of 14 years of age to a Nigerian national. The authors and accomplices of the crime were sentenced to forced labour in perpetuity. The Government also refers to the Zacharie Codjo Ganse case of 11 July 2002 relating to the abduction and attempted murder of an apprentice aged 13 years. The aggressors were sentenced to forced labour. The Committee requests the Government to provide copies of the above rulings. It encourages the Government to continue providing information on any rulings by courts of law concerning the implementation of the provisions giving effect to the Convention.

Part IV. The Committee notes the Government’s indications that it endeavours to ensure the proper application of the Convention. It adds that the strengthening of the capacities of public structures (the training of officials, the provision of material resources) involved in combating the worst forms of child labour in partnership with international organizations remains a concern of the Government. The Committee also notes the Government’s reference to a study entitled: "National study to identify obstacles to the effective implementation of fundamental labour principles and rights in Benin", undertaken by the International Labour Organization in August 2001. This study identifies problems in the country relating to the exploitation of children and proposes action to be taken. The Committee notes that certain of these recommendations have given rise to the adoption of practical measures. For example, action has been taken to raise public awareness of the problem of the worst forms of child labour through the media, public measures have been strengthened to facilitate the access of girls to school and programmes established to respond to the demand for education by child workers. The Committee encourages the Government to pursue its efforts and to take all the measures outlined in the "National study to identify obstacles to the effective implementation of fundamental labour principles and rights in Benin".

Part V. The Committee notes the Government’s reference in its report to a study which reproduces data drawn from the UNICEF report of December 1999 of surveys of child workers in the cities of Cotonou, Porto-Novo and Parakou. This study contains information on the number of children working in Benin, the accidents suffered by apprentices and their frequency and the numbers of children in the major occupations. The Committee notes that these data do not directly concern the worst forms of child labour. The Committee therefore requests the Government to provide copies or extracts from labour inspection reports, and any other information, including statistics, on the nature, extent and trends of the worst forms of child labour, as well as on the number and nature of the infringements reported, investigations, prosecutions, convictions and the penalties imposed.