Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report. In reference to its comments made under the Forced Labour Convention, 1930 (No. 29), concerning the sale and trafficking of children and, insofar as Article 3(a) of the Convention provides that the expression "the worst forms of child labour" comprises "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children", the Committee considers that the problem of the sale and trafficking of children could be examined more specifically within the framework of Convention No. 182. It requests that the Government provide information on the following aspects.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. In the observations that the Committee has been making for several years under Convention No. 29, it had noted the Government’s information mentioning the existence of child trafficking between Benin and the Congo for the purpose of forcing the children to work in Pointe-Noire in trading (fixed and itinerant) and domestic work. According to the Government, the receiving families force the children to work in unimaginable conditions. They have to work all day and are subjected to all kinds of hardships. The Committee notes that section 345 of the Penal Code provides for penalties for individuals found guilty of kidnapping. It notes that section 354 of the Penal Code provides for penalties for those found guilty of having, by means of fraud or violence, kidnapped or ordered the kidnapping of juveniles, or taken, led or moved them from the places where they had been placed by the individuals to whose authority or direction they were subject or had been entrusted. Furthermore, under section 356(1) of the Penal Code, sanctions are to be imposed on anyone who, without fraud or violence, has kidnapped, led away or tried to kidnap or lead away, a juvenile under 18 years of age.

The Committee reminds the Government that under Article 3(a) of the Convention, the sale and trafficking of children is considered to be one of the worst forms of child labour. It also draws the Government’s attention to the fact that pursuant to Article 1 of the Convention, each member State which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour for a person under 18 years of age. The Committee requests that the Government indicate the extent to which sections 345, 354 and 356 of the Penal Code have been implemented in practice.

Article 7, paragraph 1. Penalties. The Committee reminds the Government that under Article 7, paragraph 1, of the Convention, it must 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 penal sanctions. The Committee therefore requests that the Government adopt sanctions allowing for the prosecution of those involved in the sale or trafficking of children. In this regard, the Committee draws the Government’s attention to the fact that sanctions of a sufficiently effective and dissuasive nature must be imposed. The Committee also requests that the Government provide information on the number and nature of reported infringements, the investigations carried out, legal proceedings, convictions and the sentences imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Sale and trafficking of children. In the observations that the Committee has been making for several years under Convention No. 29, it has noted the information provided by the Government in which it is acknowledged that the trafficking of children between Benin and the Congo for the purpose of forcing the children to work in Pointe-Noire in trading (fixed and itinerant) and domestic work is contrary to human rights. Consequently, the Government has taken certain measures to curb child trafficking, including the repatriation by the Consulate of Benin of children that have either been picked up by the national police or removed from certain families, and the current requirement at borders (airport) for juveniles (children under 18 years of age) to have administrative authorization to leave Beninese territory. The Committee requests that the Government provide information on the impact of the measures taken as regards the rehabilitation and social integration of children following their withdrawal from labour.

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