Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention and Part V of the report form. 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 which establishes conditions for the movement of young persons and penalties for 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 noted that, according to a 2006 UNICEF report entitled “Trafficking in human beings, in particular 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, 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, and who are mostly children from rural areas who do not attend school. The Committee noted that 76 persons were sentenced to less than one year’s imprisonment for the crime of trafficking in 2006. It also noted that, even though a relatively large number of persons were convicted of the crime of trafficking in 2006, the sentence imposed was less than one year’s imprisonment in all cases.

The Committee notes the findings of the 2008 national survey of child labour in Benin, undertaken by the National Institute of Statistics and Economic Analysis (INSAE) in cooperation with IPEC–SIMPOC. It observes that, according to this survey, a total of 67,437 children between 5 and 17 years of age may be the victims of internal trafficking for economic exploitation. Girls are particularly affected by this phenomenon, accounting for six out of ten children in trafficking situations. Moreover, the findings of the survey reveal that a high proportion of children subjected to trafficking belong to the 14–17 and 5–11 year age groups. The highest proportion of child victims of trafficking live in rural areas (72 per cent) and most of them work in agriculture (41 per cent) and also in sales and services for individual persons (34 per cent).

The Committee notes the Government’s indication that 160 traffickers were arrested and were facing prosecution up to 2007. However, it notes the indication in the Government’s report that the difficulties encountered in the implementation of the Convention include ignorance of the legislation on the part of officials in the judiciary.

The Committee notes the information supplied with respect to Benin in the 2010 report on human trafficking published on the website of the Office of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), according to which the courts in Benin dealt with 200 cases of trafficking of children in 2009. At the end of 2009, 155 cases were pending, five had been dismissed and 40 had resulted in convictions. On the basis of this information and the information contained in the February 2009 UNODC Global Report on Trafficking in Persons, the Committee notes that even though the Act concerning the trafficking of children was adopted in 2006, the number of convictions for the trafficking of children appears to have decreased since 2005 (111 convictions). The 2010 report on human trafficking also emphasizes that, in general, officials have not received any specialized training enabling them to identify the victims of trafficking and also to investigate and prosecute violations involving the trafficking of persons. The Committee expresses 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 of 5 April 2006. 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 the purpose of 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. It also requests the Government to continue to supply specific information on the application of Act No. 2006-04 of 5 April 2006, including statistics on the number of convictions and penalties imposed.

Article 3(d). Hazardous work. Vidomégon children. The Committee previously noted that there is a large number of vidomégon children in the country. It noted that this phenomenon, once considered a sign of traditional solidarity between parents and family members, is now being abused in some 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 study on the conformity of the social legislation of Benin with the ILO fundamental conventions, which was conducted with technical assistance from
ILO–PAMODEC, proposes the adoption of an order amending section 1 of Order No. 26/MFPTRA/DC/SGM/SRT of 4 April 1999 establishing general conditions of employment for domestic workers in the Republic of Benin [Order No. 26 of 4 April 1999] and the addition of a clause to this provision prohibiting the employment of children under 18 years of age of either sex in domestic work.

The Committee notes with interest the Government’s statement that domestic work has been included on the list of hazardous types of work prohibited for young persons under 18 years of age. It notes that the draft decree establishing this list was approved by the National Labour Council at its June 2010 session and that it has been transmitted to the Government for adoption. The Committee also notes the Government’s indication that the draft Child Protection Code, transmitted to the Supreme Court for opinion, contains provisions relating to vidomégon children. The Committee expresses the firm hope that the list of hazardous types of work and the Child Protection Code will contain provisions prohibiting domestic work performed under hazardous conditions for young persons under 18 years of age. The Committee also requests the Government to take immediate and effective measures to ensure the thorough investigation and vigorous prosecution of persons who subject young persons under 18 years of age to hazardous domestic work and to ensure that penalties which act as an adequate deterrent are imposed in practice.

Article 4(1). Determination of hazardous work. Referring to its previous comments, the Committee notes the Government’s indication that the National Labour Council approved the draft decree defining the list of hazardous types of work at its June 2010 session and that the draft decree is now awaiting adoption by the Government. It notes that this list was drawn up further to the study on the conformity of the social legislation of Benin with the ILO fundamental conventions, undertaken with technical assistance from ILO–PAMODEC, and the results of which have been endorsed by the representatives of the workers’ and employers’ organizations. The Committee expresses the firm hope that the decree establishing the list of hazardous types of work will be adopted in the very near future and requests the Government to send a copy of the decree once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection and police units. Further to its previous comments, the Committee notes the Government’s indication that the labour inspection services and police units have insufficient staff. It also refers to its direct request of 2008 made in relation to the Labour Inspection Convention, 1947 (No. 81), in which it noted that the number of inspections has been constantly decreasing since 2004. The Committee therefore requests the Government to take the necessary steps to strengthen the capacity of the labour inspectorate and police units, in particular by increasing the numbers of staff and ensuring the implementation of regular inspections. It also requests the Government to supply extracts from labour inspection and police reports indicating the number and nature of violations reported involving young persons under 18 years of age engaged in the worst forms of child labour.

Article 6. Programmes of action. Sale and trafficking of children. With reference to its previous comments, the Committee notes the National Plan of Action to combat the trafficking of children for the purpose of labour exploitation (2008–12), adopted in June 2008. It observes that the National Plan of Action has six main components, including: (i) strengthening the legal framework; (ii) reinforcing the capacities of structures for combating the trafficking of children; (iii) strengthening prevention mechanisms; and (iv) reintegrating children. It also notes that the following measures are planned as part of the implementation of the National Plan of Action:

–      construction of new reception centres to cater for child victims of trafficking;

–      recruitment of new labour inspectors for the informal sector and the craft industry;

–      increasing the numbers of police officers;

–      supporting the formal and informal education of children.

The Committee requests the Government to continue to supply information on the implementation of the National Plan of Action and its impact on the elimination of the trafficking of children for the purpose of labour exploitation.

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 the worst forms of child labour. Sale and trafficking of children. Further to its previous comments, the Committee notes the information supplied by the Government in its report on the measures taken to prevent the trafficking of children and to remove them from this worst form of child labour. In this respect it notes the setting up of 1,400 local child protection committees, the establishment of six transit centres for child victims and the establishment of a toll free number. The Committee also notes the Government’s indication that the Youth Protection Unit removed 1,151 children from internal trafficking and 336 children from transnational trafficking between 2001 and 2007. Noting the completion of the LUTRENA project, the Committee urges the Government to strengthen its efforts and to continue to take effective time-bound measures to prevent children from becoming victims of trafficking and to remove them from this worst form of child labour. It requests the Government to continue to supply information on the number of children effectively removed from this worst form of child labour. Finally, it requests the Government to adopt specific measures to ensure the rehabilitation and social integration of these children.

Clause (d). Identification of children at special risk. 1. Talibé children. With reference to its previous comments, the Committee notes the Government’s information to the effect that two programmes of action aimed at taking talibé children off the streets and placing them back in school have been conducted with support from ILO–IPEC. However, it observes that these projects have now ended. In view of the fact that talibé children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take effective measures to protect them against the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the results achieved in this respect in its next report.

2. HIV/AIDS orphans. In its previous comments, the Committee noted that the Government had adopted a National Plan of Action (2006–19) to take care of orphans and vulnerable children (OVCs) and that the Ministry of Family Affairs had set up a programme to provide psychological and social care for such children. It noted that, according to information contained in the 2008 factsheet on HIV and 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 noted the reduction in the number of HIV/AIDS orphans between 2006 and 2008 and asked for information on the specific measures taken to prevent the engagement of these children in the worst forms of child labour.

The Committee notes the information in the Government’s report indicating that a minimum package of services for OVCs has been established. This package of services includes food grants, legal aid, psychological and social care and advisory support. The Committee notes that, according to the 2010 report on the national situation in Benin supplied as part of the follow-up to the declaration of commitment on HIV/AIDS, a total of 18,442 OVCs received educational support in 2009 and 1,507 received assistance with apprenticeships. However, it notes that, according to the report, the results achieved in quantitative terms show insufficient coverage of HIV/AIDS orphans. Only 6.5 per cent of OVCs living in private households received free external assistance towards the cost of their care in 2009. However, it observes that one of the objectives of the second National Strategic Framework for combating AIDS (2007–11), which is currently being implemented in Benin, is to increase from 3 to 50 per cent the proportion of OVCs in households receiving at least some form of external assistance by 2011. In view of the fact that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee urges the Government to continue its efforts to ensure their protection against the worst forms of child labour, including by extending the coverage of care for OVCs, as provided for in the National Strategic Framework combating HIV/AIDS. It requests the Government to continue to supply information on the measures taken and the results achieved in this respect.

Article 8. International cooperation and assistance. Regional cooperation in relation to the sale and trafficking of children. In its previous comments, the Committee noted that the Government signed the Abuja Multilateral Cooperation Agreement in 2006 and also the Cooperation Agreement between the ECOWAS States on police cooperation on criminal investigations. It noted with interest that, as part of the implementation of the multilateral agreement signed in 2005, a number of measures have been taken and, as a result, the Youth Protection Unit arrested nine persons suspected of the trafficking of children in January and February 2007, and the Beninese police force, in conjunction with the Nigerian authorities, arrested five other suspected traffickers in March 2007.

The Committee notes the Government’s indication that border surveillance units have been set up in the context of these agreements. It also notes that, according to the 2010 report on human trafficking, the Youth Protection Unit came to the assistance of 266 victims of trafficking from, or to, Nigeria, Gabon Côte d’Ivoire, Mali and Togo during 2009. According to a UNICEF press release dated 14 November 2009, 26 children who were intercepted on a boat by the Gabonese security forces were repatriated from Gabon to Benin through the cooperation of the authorities of these countries. In addition, the Committee notes that, according to a UNICEF information sheet dated 5 July 2010, a regional conference was held in Cotonou from 26 to 28 May 2010 (Cotonou Conference) on the subject of combating the trafficking of children for the purpose of labour exploitation in West and Central Africa. At the end of the Conference, a “roadmap” comprising joint strategies spread over the short and medium term was adopted with a view to eradicating the scourge of trafficking. A committee to follow-up on the recommendations made during the Conference was also set up. The Committee requests the Government to supply further information on the recommendations adopted during the Cotonou Conference and on the measures planned as part of the “roadmap” for joint strategies. It requests the Government to continue to supply information on the measures taken or envisaged for strengthening cooperation between the countries which have signed the multilateral agreements in order to detect and intercept child victims of trafficking, and to arrest persons operating in networks engaged in the trafficking of children.