Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3(a) and Article 7, paragraph 1, of the Convention. Sales and trafficking of children and penalties. In its previous comments, the Committee noted the adoption of Act No. 2006-04 of 5 April 2006, establishing conditions for the movement of young persons and penalizing the trafficking of children in the Republic of Benin (Act No. 2006-04 of 5 April 2006), which prohibits the sale and trafficking of children for economic or sexual exploitation.

The Committee notes that, according to a 2006 UNICEF report on the trafficking of persons, particularly women and children in west and central Africa, Benin is a country of origin, transit and destination for the trafficking of children. Beninese children are the victims of trafficking to Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Guinea, Equatorial Guinea, Nigeria and Togo. Children from Burkina Faso, Guinea, Niger and Togo are, in turn, the victims of trafficking to Benin. The country is also a transit country for children from West Africa exploited in Nigeria and Central Africa. In addition, according to the UNICEF report, internal trafficking also takes place in Benin, from rural to urban areas (Cotonou, Porto Novo and Parakou). Much of the trafficking involves vidomégons (child domestic workers). The Committee notes with interest the Government’s indication that, between January and mid-July 2008, the Youth Protection Unit referred 29 persons presumed responsible for trafficking to the courts. It also takes due note of the Government’s statement that, according to the Ministry of Justice, Legislation and Human Rights, 76 persons were sentenced to at least one year’s imprisonment for the crime of trafficking in 2006.

The Committee observes that, even though the Government has adopted a number of measures to combat the sale and trafficking of children for the exploitation of their work, the problem still exists in practice. Furthermore, even though a relatively large number of persons were convicted of the crime of trafficking in 2006, the Committee observes that the sentence imposed was less than one year’s imprisonment in all cases. It reminds the Government that the offences established by Act No. 2006-04 of 5 April 2006 are serious crimes and that, under Article 7, paragraph 1, of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and deterrent penal sanctions. The Committee encourages the Government to continue its efforts to ensure in practice the protection of young persons under 18 years of age against the sale and trafficking of children for the exploitation of their work. It requests the Government to take the necessary measures to ensure that penalties imposed on persons found guilty of the trafficking of children are sufficiently effective and are enforced in practice. The Committee requests the Government to continue providing information on the application of Act No. 2006-04 of 5 April 2006 in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed.

Clause (d). Hazardous work. 1. Children working on their own account. The Committee notes the Government’s indication that the national legislation does not explicitly regulate the situation of persons who work on their own account. The Government also states that a Child Protection Code was due to be adopted and that this draft contains specific provisions protecting this category of child workers. The Committee notes the Government’s statement that the draft Child Protection Code has not yet been adopted. It has been submitted to the Supreme Court for opinion and will then be submitted to the National Assembly for adoption. The Committee expresses the firm hope that the draft Child Protection Code will be adopted in the near future and contain provisions which will protect children under 18 years of age who work on their own account against hazardous work. It requests the Government to supply information on any new developments in this respect.

2. Videomégon” children. In its previous comments, the Committee noted that the country has a large number of videomégons from rural areas who do not attend school. It noted that the videomégons are children placed in the home of a third party by their parents or by an intermediary in order to provide them with an education and work. Once considered a sign of traditional solidarity between parents and family members, the practice is now being abused in some cases. The Committee noted the Government’s statement that it is aware of the scale of the phenomenon and its harmful impact on children’s future.

The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations on the second periodic report of Benin in 2008, expressed its deep concern at the frequent abuse of children working as domestic servants or videomégons (E/C.12/BEN/CO/2, paragraph 20). The Committee notes the Government’s indication that the study on the conformity of the social legislation of Benin with the ILO fundamental Conventions, which was conducted with the technical assistance of ILO/PAMODEC, proposes the adoption of an order to amend section 1 of Order No. 26/MFPTRA/DC/SGM/SRT of 4 April 1999 establishing the general conditions of employment of domestic workers in the Republic of Benin (Order No. 26 of 4 April 1999) and the addition of a clause to this provision to prohibit the employment of children of either sex under 18 years of age for domestic work. The Committee is deeply concerned at the scale of the phenomenon and the lack of regulations to ensure that child domestic workers under 18 years of age do not perform hazardous work, and expresses the firm hope that the order to amend Order No. 26 of 4 April 1999 so as to prohibit the employment of children of either sex under 18 years of age for domestic work, will be adopted in the very near future. It requests the Government to provide information on all new developments in this regard.

Article 4. Determination of hazardous work. With reference to its previous comments, the Committee notes the Government’s statement that the list of types of hazardous work is still in the process of being drawn up. The Committee expresses the hope that the list of types of hazardous work will be adopted as a matter of urgency. It requests the Government to provide information on all progress made in this regard and also on any consultations which have taken place with employers’ and workers’ organizations when determining these types of work.

Article 5. Monitoring mechanisms. Labour inspection and police units. With reference to its previous comments, the Committee notes the Government’s statement that labour inspection services and police units have insufficient staff, which causes problems for the implementation of the Convention. However, it notes the Government’s information to the effect that, in the context of reinforcing the actions of the labour inspectorate, a number of seminars have been organized, particularly a workshop to raise awareness and train labour inspectors with regard to child labour, which took place in August 2007; and a training workshop for magistrates and labour inspectors on fundamental principles and rights at work. The Committee strongly encourages the Government to continue its efforts to strengthen the labour inspection services. It requests the Government to supply information on the worst forms of child labour, particularly the sale and trafficking of children, to the police force.

Article 6. Programmes of action. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the information supplied by the Government to the effect that the National Plan of Action to combat the trafficking of children was adopted in 2008. The Committee requests the Government to send a copy of the National Plan of Action and also information on the programmes of action which will be implemented in the context of this plan to combat the trafficking of children in the country.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from the worst forms of child labour. 1. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the information supplied by the Government on the programmes implemented in the context of the project on combating the trafficking of children for labour exploitation in West and Central Africa (LUTRENA) to enable child victims of trafficking who have been removed from this worst form of child labour to be rehabilitated or integrated in vocational training. Between 2002 and 2007 these programmes benefited more than 6,000 children. The Committee also duly notes the information from the Government to the effect that, between January and mid-July 2008, the Youth Protection Unit took charge of 183 children who were victims of trafficking and arranged initial care for them at their reception centre.

The Committee notes that Benin is participating in phase V of the LUTRENA project. According to ILO/IPEC information on this new phase, a total of 4,000 girls and boys will be targeted to prevent them becoming victims of trafficking or to remove them from this worst form of child labour, with 3,000 to be the recipients of measures to prevent and combat child labour and 1,000 to be withdrawn from trafficking flows. The 2,000 girls and 2,000 boys concerned will also receive educational services and/or training. The Committee strongly encourages the Government to continue its efforts and requests it to supply information on the effective time-bound measures taken, during the implementation of phase V of the LUTRENA project, to prevent children from becoming victims of trafficking or to remove them from this worst form of child labour. In this regard, the Committee requests the Government to indicate the number of children who have actually been prevented from becoming victims of trafficking or have been removed from this worst form of child labour in the country. Finally, it requests the Government to provide information on specific measures adopted for the rehabilitation and social reintegration of these children.

2. Access to free basic education. The Committee notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, Benin has a good chance of achieving the goal of universal primary education for all by 2015. Furthermore, Benin has increased its net primary school enrolment rate by more than 20 per cent, the 2005 figure being 78 per cent. The Government has also implemented a programme on education and child protection. However, the Committee notes that, according to this report, the country may not achieve the goal of gender parity in primary and secondary education, to the detriment of girls. In addition, the Committee notes that, according to statistics for 2006 from UNICEF, the primary school attendance rate is 47 per cent for girls and 60 per cent for boys and, at secondary level, 12 per cent for girls and 19 per cent for boys.

The Committee notes the information supplied by the Government in its report relating to Convention No. 138 on the measures it has taken to improve the education system. While noting the progress made with regard to school attendance, the Committee expresses its concern at the low school attendance rate, at both primary and secondary levels, and with regard to the gender disparity to the detriment of girls. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken under the programme on education and child protection to increase the school attendance rate, at both primary and secondary levels, and to reduce the gender disparity in access to education, giving particular attention to girls. The Committee requests the Government to send information on the results achieved.

Clause (d). Identification of children at special risk. 1. Talibé children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the Government’s second periodic report (CRC/C/BEN/CO/2, paragraphs 73 and 74) in October 2006, expressed its concern at the growing number of children who beg in the streets (talibés), particularly in urban areas, and who are also the victims of economic exploitation. The Committee notes the Government’s statement that it has implemented a programme of action to strengthen the capacity of a literacy centre in Djougou with a view to promoting alternative education for children who are apprentices or beggars and for Koranic teachers. The Committee requests the Government to supply information on the effective time-bound measures taken, in the context of the programme of action, to protect talibé children from economic exploitation. It requests the Government to provide information in this regard, indicating, in particular, the number of talibé children who will be taken off the streets and will benefit from rehabilitation and social integration measures.

2. Child victims of malaria and HIV/AIDS. In its previous comments, the Committee noted that, according to the Report on the Global AIDS Epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of child AIDS orphans in Benin is around 62,000. The Committee duly notes the Government’s statement that it has adopted a National Plan of Action (2006–19) to take care of orphans and children at risk and that the Ministry of Family Affairs has set up a programme to provide psychological and social care for such children. It also notes that, according to information contained in the 2008 Epidemiological Fact Sheet on HIV/AIDS published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), some 29,000 children are orphans as a result of HIV/AIDS in Benin. The Committee duly notes the reduction in the number of child HIV/AIDS orphans between 2006 and 2008. It observes that HIV/AIDS has negative consequences for orphans, who are at greater risk of becoming involved in the worst forms of child labour. The Committee strongly encourages the Government to continue its efforts to protect children orphaned as a result of HIV/AIDS against the worst forms of child labour. In this regard, it requests the Government to supply information on the specific time-bound measures taken, under the implementation of the National Plan of Action to take care of orphans and children at risk and the programme to provide psychological and social care for orphans and children at risk, to prevent the engagement of such children in the worst forms of child labour.

Article 8. International cooperation and assistance. Regional cooperation in relation to the sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the information supplied by the Government to the effect that, in the context of the multilateral agreement signed in 2005, a number of measures have been taken. As a result of these measures, the Youth Protection Unit arrested nine persons, in January and February 2007, presumed responsible for the trafficking of children, and the Beninese police force, in conjunction with the Nigerian authorities, arrested five other presumed traffickers in March 2007. The 14 suspects are at present in prison in Benin pending the next stage of the judicial procedure. The Committee notes the Government’s information to the effect that it signed the multilateral cooperation agreement in Abuja in 2006 and also the cooperation agreement on criminal investigation matters between the ECOWAS States. The Committee strongly encourages the Government to continue its efforts and adopt measures to cooperate with the States who are signatories to the abovementioned multilateral cooperation agreements and thereby reinforce border security measures in order to detect and intercept child victims of trafficking and apprehend and arrest persons operating in child trafficking networks.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication that the National Institute of Statistics and Economic Analysis (INSAE), in collaboration with IPEC/SIMPOC, carried out a survey in March 2007 on child labour in more than 12,000 households in the country. It also notes that studies on videomégons children and on trafficking were undertaken in 2007. The results of these studies are not yet available. The Committee expresses the hope that these studies will be validated in the near future and requests the Government to supply a copy of the studies once they are adopted.