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

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

The Committee notes the observations from the Confederation of Autonomous Trade Unions of Benin (CSA-Benin), which were forwarded by the International Trade Union Confederation (ITUC) on 30 August 2013.

Article 3 of the Convention. Worst forms of child labour and application of the Convention in practice. Clause (a). Sale and trafficking of children. 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 penalties for the trafficking of children in the Republic of Benin, which prohibits the sale and trafficking of children for economic or sexual exploitation. However, the Committee expressed its concern at the scale of the internal trafficking of children for economic exploitation in Benin and at the decrease in the number of convictions following the adoption of Act No. 2006-04.

The Committee notes the observation from CSA-Benin that the trafficking of children still exists in Benin and that children are taken to neighbouring countries to work in mines, in the fields or as domestic servants; Benin thus constitutes a country of transit. CSA-Benin also observes that trafficking is aggravated by the fact that parents in extreme poverty choose to sacrifice their child in order to have a regular source of income.

The Government indicates in its report that efforts have been made since 2010 to combat the trafficking of children. It refers, in particular, to the establishment of five new police stations in the border areas, thereby increasing the number of border police stations to 21. Moreover, three civilian border squads and border surveillance units were established in 2012. The Government also points out that convictions were handed down and penalties imposed on a number of child traffickers.

However, the Committee notes with concern that, according to estimates of the International Organization for Migration (IOM), more than 40,000 children are victims of trafficking in Benin. The main sectors in which children are exploited are domestic service and agriculture, including cotton and cashew nut plantations. Children are also forced to work in fishing, in mining and quarrying, as street vendors and in the transport industry. The Committee therefore requests the Government to strengthen its efforts to ensure, in practice, the protection of young persons under 18 years of age against the sale and trafficking of children for labour exploitation. It requests the Government to take the necessary steps to ensure the thorough investigation and robust prosecution of persons who engage in the sale and trafficking of children and to ensure that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with the national legislation in force. The Committee requests the Government to supply detailed information on the application of Act No. 2006-04, including statistics on the number of convictions handed down and penalties imposed.

Article 3(d). Hazardous work. Vidomégon children. The Committee previously noted that Benin has a large number of vidomégon children, namely children who are 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, who are mostly from rural areas and do not attend school. It noted that this practice, which used to be considered a sign of traditional solidarity between parents and family members, is now being abused in certain cases. Some of the children involved in the system are subjected to ill-treatment or even physical or psychological violence. The Committee noted that the draft decree establishing the list of hazardous types of work prohibited for young persons under 18 years of age – including domestic work – was approved by the National Labour Council at its June 2010 session and was transmitted to the Government for adoption. The Committee also noted the Government’s indication that the draft Child Protection Code, which was transmitted to the Supreme Court for its opinion, contains provisions relating to vidomégon children.

The Committee takes due note that Decree No. 2011-029 establishing the list of hazardous types of work in the Republic of Benin was adopted on 31 January 2011. This Decree places domestic work in the medium- to high-risk category and prohibits children under 18 years of age from engaging in it. The Committee also notes the Government’s indication, in its report on the application of the Minimum Age Convention, 1973 (No. 138), that the draft Child Protection Code is under examination by the National Assembly and it is hoped that it will be adopted by the end of 2014. The Committee requests the Government to take immediate and effective measures to ensure that Decree No. 2011-029 is applied effectively and that penalties constituting an adequate deterrent are imposed on persons who subject young persons under 18 years of age to hazardous domestic work. It requests the Government to provide information in this respect, and also on progress made with regard to the adoption of the Child Protection Code.

Article 7(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 such labour. Children working in mines and quarries. The Committee notes the observation from CSA-Benin that, in certain localities in the country, it is not uncommon to see children and young persons working with their parents in activities such as breaking stones for the purposes of selling.

The Committee notes that a survey was conducted as part of the ILO–IPEC project on the elimination of the worst forms of child labour in West Africa (ECOWAS II), which reveals that 2,995 children were discovered working on 201 different mining sites, and 88 per cent of them were children of school age. The Committee urges the Government to take effective and time-bound measures to protect children from hazardous work in the mining and quarrying sector. It requests the Government to send detailed information on the number of children protected or removed from this hazardous type of work and on their rehabilitation and social integration.

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