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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Benin (Ratification: 2001)

Article 3 of the Convention. The worst forms of child labour. Clauses (a), (b) and (c). With reference to its previous comments, the Committee notes with interest the adoption of Act No. 2006-04 of 5 April 2006 establishing conditions for the movement of young persons and punishing 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 and sexual exploitation, and the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, as well as for illicit activities. The Committee requests the Government to provide information on the application of the Act in practice, including statistics on the number and nature of the infringements reported, the investigations carried out, prosecutions, convictions and the penal sanctions applied.

Clause (d). Hazardous types of work. 1. Self-employed workers. The Committee previously requested 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. In its report, the Government indicates that the current national legislation does not explicitly refer to the situation of own-account workers under 18 years of age, but includes provisions of a general nature authorizing labour inspectors to have access to all workplaces that they have reasonable grounds for requiring inspection. The Government adds that it is considering the adoption of a Code for the Protection of the Child, the draft text of which contains provisions specifically protecting this category of child workers. Noting the information provided by the Government, the Committee hopes that the draft text of the Code for the Protection of the Child will be adopted in the near future so as to protect child own-account workers under 18 years of age against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals and it requests the Government to provide information on any new development in this respect.

2. “Vidomègon” children. In its previous comments, the Committee noted the Government’s indications contained in its report to the Committee on the Rights of the Child in July 2007 (CRC/C/3/Add.52) concerning the high number of child domestic workers (vidomègons) who do not attend school and, coming from rural areas, are placed in families to do domestic work. It noted the indications of the representative of Benin to the Committee on the Rights of the Child in November 1999 (CRC/C/SR.544) that child “vidomègons” are 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 or psychological violence. The Committee requested the Government to indicate the measures adopted or envisaged to ensure that child domestic workers under 18 years of age, including “vidomègons”, do not carry out work that is likely to harm their health, safety or morals.

The Committee notes the information provided by the Government in its report that it is aware of the extent of the phenomenon and its harmful impact on the future of the children. For this reason, intense awareness-raising campaigns are organized to raise the awareness of the population concerning this phenomenon and its consequences. According to the Government, the problem is declining in the towns of Cotonou and Porto-Novo. The Committee also notes that the draft Code for the Protection of the Child includes provisions on the protection of child domestic workers, commonly known as “vidomègons”. While noting the Government’s efforts to combat this practice, the Committee expresses concern at the extent of the phenomenon and the absence of regulations to ensure that child domestic workers under 18 years of age, including “vidomègons” are not engaged in work that is likely to harm their health, safety or morals. It hopes that the Government will take all the necessary measures to ensure that the draft Code for the Protection of the Child is adopted in the near future and that it will contain provisions relating to child “vidomègons”.

Article 4. Hazardous types of work. With reference to its previous comments, the Committee notes the information provided by the Government that studies are being undertaken with a view to determining hazardous types of work and that, in the context of the studies, the issues of where these types of work are undertaken and the periodical examination and revision of the list of hazardous types of work will be taken into account. The Committee hopes that, when determining hazardous types of work, the Government will take its comments into account and it requests the Government to provide information on any progress achieved in this respect.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Labour inspection. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to strengthen the action of labour inspectors, particularly in the informal economy. The Committee notes the information provided by the Government that, in the context of the strengthening of the action of labour inspectors, the Ministry responsible for labour, on 31 July 2006, organized an information and exchange workshop on the child labour Conventions. It further notes that labour inspectors may carry out surprise inspections in craft workshops with a view to verifying the working conditions of apprentices. While taking due note of the Government’s efforts to improve the action of labour inspectors, the Committee observes that the measures adopted by the Government only appear to concern child apprentices. It requests the Government to provide information on the measures adopted to strengthen the action of labour inspectors in the various sectors of the economy in which children may be engaged in the worst forms of child labour.

2. National Steering Committee. The Committee notes that, according to information concerning the ILO/IPEC Subregional Project for Combating the Trafficking of Children for Labour Exploitation in West and Central Africa (LUTRENA), a National Steering Committee has been established and will supervise activities relating to child labour, and particularly the trafficking of children. The Committee requests the Government to provide information on the operation of this new Committee, particularly by providing extracts from reports and documents.

Article 6. Programmes of action. Sale and trafficking of children. The Committee noted previously that Cameroon is participating in the ILO/IPEC LUTRENA project. The Committee notes that, according to the information contained in the reports on the technical progress on the LUTRENA project, a national plan of action on child trafficking has been developed and will soon be adopted by the Government and the social partners. This plan of action will provide a framework for more concerted and coordinated action by the various actors concerned with the trafficking of children. The Committee requests the Government to provide a copy of the national plan of action and information on the measures that are to be taken in the context of the plan to combat the trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the Government’s efforts for the implementation of Phases III and IV of the ILO/IPEC LUTRENA project and strongly encourages it to pursue its efforts to combat the worst forms of child labour, including the sale and trafficking of children.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour. Sale and trafficking. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of the LUTRENA project to: (a) prevent children becoming the victims of trafficking and; (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. In this respect, it would be grateful if the Government would indicate whether protection centres for child victims of trafficking have been established in the country so as to provide them with shelter and whether specific medical and social monitoring programmes have been developed and implemented for child victims of trafficking. The Committee also requests the Government to provide information on the results achieved.

Clause (c). Access to free basic education and vocational training. With reference to its previous comments, the Committee notes the information provided by the Government that it has adopted measures to give effect in practice to compulsory schooling for girls. It recalls that education is one of the most effective means of combating child labour, and particularly its worst forms. The Committee therefore requests the Government to provide information on the measures introduced in the context of the ILO/IPEC LUTRENA project to ensure that child victims of trafficking who have been removed from this worst form of child labour have access to free basic education and vocational training.

Clause (d). Identification of children at special risk. 1. Child “talibés”. In its previous comments, the Committee noted the information provided by the Government representative to the Committee on the Rights of the Child in 1999 (CRC/C/SR.545, Summary Record), according to which there were many child beggars in Benin and that children from neighbouring countries came to Benin to beg. The Committee of Experts noted the information provided by the Government that this phenomenon has cultural and religious origins. The Government also indicated that the Islamic population is growing in the country and that children enrolled in Koranic schools (Talibes) beg on behalf of their teachers. The Committee noted that the Government had requested teachers in Koranic schools to cease the practice of asking their pupils to beg. The Committee encouraged the Government to establish a Time-bound Programme to ensure that child talibés under 18 years of age benefit from the protection afforded by the Convention.

The Committee notes that in its concluding observations on the Government’s second periodic report (CRC/C/BEN/CO/2, paragraphs 73 and 74) in October 2006, the Committee on the Rights of the Child expressed its concern at the increasing number of children living, working and begging in the streets (the talibés), especially in urban areas, who are also victims of economic and sexual exploitation. The Committee on the Rights of the Child expressed concern at the absence of programmes to meet the needs of these children and to protect them. In this respect, it recommended the Government to undertake a systematic assessment of the situation of street children in order to obtain an accurate picture of the root causes and magnitude of the phenomenon; to develop and implement a comprehensive policy which should address the root causes of the situation, in order to prevent and reduce its occurrence; in coordination with NGOs, to provide street children with the necessary protection, accommodation, adequate heath‑care services, education and other social services, according to their needs; and to support family reunification when it is in the best interests of the child. The Committee notes the information provided by the Government in its report indicating that it is concerned by the phenomenon of child talibés, particularly in the northern departments. With a view to finding a solution, the IPEC Steering Committee has adopted a programme of action covering these departments with the objective of removing children from begging and providing support to improve their living conditions. The Committee requests the Government to provide information on the effective and time-bound measures taken in the context of the ILO/IPEC programme of action to protect child beggars against forced labour and to provide for their rehabilitation and social integration.

2. Child victims of malaria and HIV/AIDS. The Committee noted previously that the number of deaths due to malaria was significant and that HIV/AIDS was having disastrous economic and social consequences in Benin. Although the incidence rate of HIV/AIDS was not truly alarming at the national level, it was a cause for concern in certain departments, and also due to the speed of its propagation in Benin. Noting the measures adopted by the Government, and particularly the strategies and priority actions for the period 2000–05, the Committee requested the Government to provide information on the specific measures adopted to improve the situation of these children. The Committee notes that, according to the new 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. It notes the information provided by the Government that, in the context of action to combat malaria in general and to preserve the health of mothers and children in particular, impregnated mosquito nets are distributed free of charge to families. Furthermore, in view of the extent of the AIDS phenomenon and its disastrous consequences, the Government has established a multi-sectoral programme to combat the virus. In the context of this programme, orphans left by HIV/AIDS victims are assisted as a function of their specific needs. The Committee further notes that the Government adopted Act No. 2005‑31 on 5 April 2006 respecting the prevention, assistance to victims and control of HIV/AIDS in the Republic of Benin. The Committee takes due note of this information and strongly encourages the Government to pursue its efforts to prevent the transmission of the virus within the population and to protect child HIV/AIDS orphans from being engaged in the worst forms of child labour. It requests the Government to provide information on the measures adopted in this respect, particularly in the context of the implementation of Act No. 2005‑31.

Article 8. International cooperation and assistance. Regional cooperation in relation to the sale and trafficking of children. The Committee notes that, under the terms of the Multilateral Cooperation Agreement to Combat Trafficking in Persons in West Africa of 27 July 2005, the signatory States undertake to adopt all necessary steps to prevent trafficking in children, mobilize the necessary resources to combat this practice, exchange detailed information on victims and traffickers, condemn and punish any activity that promotes trafficking in children, develop specific programmes and establish a National Task Force responsible for monitoring and coordination. The Committee requests the Government to provide information on the measures adopted for the implement of the multilateral agreement signed in 2005, and particularly whether exchanges of information have resulted in the identification and arrest of networks for the trafficking of children. Furthermore, the Committee requests the Government to indicate whether measures have been adopted to detect and intercept child victims of trafficking in border regions and whether transit centres have been established.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes that, according to the information contained in the technical reports on the progress achieved in the context of the ILO/IPEC project entitled “National child labour surveys in selected countries”, the National Institute of Statistics and Economic Analysis (INSAE), in collaboration with IPEC/SIMPOC, carried out a survey between December 2006 and January 2007 on the extent and nature of child labour and the conditions of work and schooling in the country. It also notes that the survey was also due to take into account the trafficking of children so as to obtain reliable statistical data on the extent of the phenomenon in the country. The Committee therefore requests the Government to provide information on the national child labour survey carried out in the country.