Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Bénin (Ratification: 2001)

Article 3 of the Convention. Clause (a). Worst forms of child labour. Forced labour. 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 education and work, who are mostly from rural areas and do not attend school. It noted that this practice, which has long been 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 notes that the Government has not sent any information on this matter. It notes that section 219 of the Children’s Code (Act No. 2015-08 of 8 December 2015) establishes the obligation for the child placed in the family to attend school and prohibits the use of such children as domestic workers. However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 2016, expressed concern at the fact that children placed outside their families, particularly vidomégon children, are facing sexual exploitation. The CRC also expressed concern at the prevalence of child labour among children under 14 years of age, including the worst forms of child labour, and at the distortion of the traditional practice of vidomégon into forced labour. Moreover, the CRC expressed concern that there was no information on measures taken to punish persons who exploit children, on whether the decisions taken by the National Steering Committee to Combat Child Labour were being implemented, and whether the latter had been allocated sufficient resources (CRC/C/BEN/CO/3-5, paragraphs 38 and 62).

The Committee also observes that the United Nations Human Rights Committee, in its concluding observations of 2015 on the second periodic report of Benin, expressed concern at the persistent misuses of the placement of vidomégon children, which has become a source of financial and sometimes sexual exploitation (CCPR/C/BEN/CO/2, paragraph 14).

The Committee notes with concern the situation of those vidomégon children, who face various forms of exploitation in host families. The Committee therefore urges the Government to take the necessary steps to protect children under 18 years of age from all forms of forced labour or sexual exploitation particularly vidomégon children. It also requests the Government to take the necessary steps to ensure that penalties constituting an adequate deterrent are imposed on the perpetrators of such acts. Lastly, the Committee requests the Government to provide information on the practical steps taken in this regard.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and criminal penalties. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Act No. 2006-04 of 10 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 Government’s indication in its report that Act No. 2006-04 of 10 April 2006 is generally well applied. The Committee also notes that the Children’s Code of 2015 contains provisions relating to the sale and trafficking of children (sections 200–203 and 212). The Government also indicates that statistics on the number of convictions and criminal penalties handed down are not yet available. Furthermore, the statistics requested from the Central Office for the Protection of Children and Families and the Elimination of Trafficking in Persons (OCPM) relating to children who have been removed from trafficking and repatriated are not available either.

The Committee further notes that the CRC expressed concern at the number of children who fall victim to internal trafficking for the purpose of domestic work, subsistence farming or trade or, particularly in the case of adolescent girls, to transnational trafficking for sexual exploitation and domestic labour in other countries. The CRC also expressed concern that the tradition of vidomégon children could be feeding sale and trafficking networks (CRC/C/BEN/CO/3-5, paragraph 66). Furthermore, the Committee notes that the Human Rights Committee, in its concluding observations of 2015, continued to express concern that Benin is at the same time a country of origin, transit and destination for trafficking in persons, and in particular women and children (CCPR/C/BEN/CO/2, paragraph 14). Recalling that, under Article 7(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 application of criminal penalties constituting an effective deterrent, the Committee urges the Government to take effective measures to ensure that Act No. 2006-04 of 10 April 2006 is actually applied in such a way that the prohibition on the sale and trafficking of children is extended to all sectors of the economy. The Committee also requests the Government to provide information on the number of investigations, prosecutions, convictions and criminal penalties imposed for the offence of trafficking in persons under 18 years of age.

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. In its previous comments, the Committee noted the observation from the Confederation of Autonomous Trade Unions of Benin (CSA-Bénin) 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 noted that a survey was conducted as part of the ILO–IPEC ECOWAS II project, which indicated that a total of 2,995 children had been found working on 201 different mining sites, and 88 per cent of them were children of school age.

The Committee notes that the Government’s report does not contain any information on this matter. The Committee notes that further to the implementation of the ILO–IPEC ECOWAS II project (December 2010–April 2014), targeted actions were carried out to prevent child labour on mining sites, such as awareness raising and occupational safety and health training for mining site operators. Quarry operators have also established internal regulations prescribing penalties for operators or parents who use child labour on the sites. Alert mechanisms have also been put in place to notify site supervisors of the presence of working children. The Committee encourages the Government to continue taking effective and time-bound measures to protect children from hazardous work in the mining and quarrying sector. It requests the Government to send information on the number of children protected or removed from this hazardous type of work and subsequently rehabilitated and integrated into society further to the implementation of the ILO–IPEC ECOWAS II project.

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