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

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Written information provided by the Government

The Government has taken several types of action to combat all forms of forced labour and the commercial sexual exploitation of children, particularly vidomégon children.

Examples of this include:

- analysis of the extent to which national legislation is in conformity with the Domestic Workers Convention, 2011 (No. 189), with a view to its ratification;

- the establishment and strengthening of communication on the children’s helpline and implementation of the communication plan for the “hello 138” campaign.

As a result of the children’s helpline:

- 28,364 calls were received between 18 March 2020 and 30 November 2021;

- 138 cases of child victims of violence have been dealt with;

- 13,356 calls offered an opportunity to provide advice, guidance and information about the children’s helpline and other toll-free numbers, as well as fun calls with children;

- 186 children, 77 in Ouando, 18 in Parakou and 91 in Dantokpa, were removed from the large markets of Benin in 2017 as a result of inspection missions organized by labour inspectors;

- in 2022, 15 cases of vidomégon children were resolved with the perpetrators and parents appearing before the juvenile court. To date, 3 children have been rehabilitated and the others returned to their families following rulings by the juvenile court.

In the context of the implementation of Act No. 2006-04 of 10 April 2006 establishing conditions for the movement of young persons and the repression of child trafficking in the Republic of Benin, several types of action have been undertaken, including:

- the drafting of the National Policy to Combat Trafficking in Persons 2022–31 and its plan of action 2022–26;

- the workshop on the drafting of plans of action for the implementation of the recommendations resulting from the diagnostic study of the criminal justice system in relation to trafficking in persons;

- the participation of Benin in the 14th Annual Review Meeting of the Economic Community of West African States (ECOWAS) Regional Network of National Focal Institutions against Trafficking in Persons Plus.

In accordance with its mandate, the Central Office for the Protection of Children and the Elimination of Trafficking in Persons (OCPM) intervenes to combat trafficking of children through prevention, and by raising awareness among children, parents and, particularly, vulnerable categories.

In terms of protection, the OCPM intervenes in the system for the repression of trafficking of children, in collaboration with border units, several NGOs and the Office of the Public Prosecutor to identify and punish cases. This action has led to the following results:

- in 2020, the Office recorded 49 cases of trafficking of children, with 34 convictions (20 men and 14 women);

- in 2021, 37 cases were recorded and led to 13 convictions (9 men and 4 women).

In view of its magnitude, the Government is concerned about child labour in mines and quarries. In November 2019, an important meeting was organized in the framework of intersectoral dialogue on combating child labour, at the initiative of the ministry responsible for child labour, with a view to the periodic evaluation of the situation with those responsible for sectors with high levels of child labour.

The conclusions and recommendations of the meeting pointed to the need to organize a joint visit with the various ministries to mining sites in the departments of Mono and Couffo in October 2021.

During this visit, which brought together various political and administrative authorities in the sectors concerned, with participation of Ministers of Labour and Social Affairs, the chief of staff of the Minister of Mines and the United Nations Children’s Fund (UNICEF) resident representative in Benin, the various authorities had the opportunity to evaluate the situation of children working at those sites and assess the risks related to the work. It was an opportunity for the ministers, the prefects of Mono and Couffo and the UNICEF resident representative to raise awareness among parents, children and site operators of the need to end the exploitation of children in this sector.

Following this visit, the authorities decided to launch a specific study to assess precisely the magnitude of the phenomenon. It is envisaged that the study will be accompanied by a three-year plan of action for targeted and significant intervention in the mining sector over the coming years. This study was launched in March 2022.

The 2019–23 National Plan of Action prepared by Benin is fully in line with the implementation of the Convention and is aimed at the elimination of the worst forms of child labour, while also pursuing the objective of the elimination of all forms of child labour in the long term.

In this regard, several types of action have been undertaken, including:

- analysis of the extent to which the law is in conformity with the Domestic Workers Convention, 2011 (No. 189), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), with a view to their ratification;

- the review and updating of the list of hazardous types of work;

- the drafting of the list of light types of work in Benin;

- the establishment of services to combat child labour in the 12 departments of Benin;

- the preparation of the procedure and protocol document for the monitoring of child labour.

The labour inspection services carry out monitoring to prevent children becoming victims of trafficking and remove those who are victims of the worst forms of child labour. In this regard, the 2022 annual work plan for departmental labour directorates and the civil service includes inspections throughout the country.

The Ministry of Social Affairs, through social assistants, is setting up and strengthening the capacity of child protection monitoring committees (identification of at-risk children and victims, establishment of local alert and reporting systems).

For this purpose:

- 409 monitoring committees have been established, 197 in Bourgou and Alibori and 212 in Atacora;

- 118 monitoring committees have been strengthened in Bourgou and Alibori.

The following action has been taken to ensure the protection of orphans and vulnerable children (OVCs).

At the institutional level:

- capacity-building for social workers working in social promotion centres; and

- the establishment of a collaboration framework for those working to protect OVCs.

At the technical level:

- the identification and categorization of OVCs according to a vulnerability scale;

- a support kit for school and apprenticeship for highly vulnerable OVCs;

- monitoring of the schooling of OVCs by social promotion centres; and

- advocacy with communal authorities to take account of the needs of OVCs in communal development plans and the inclusion of a budget line to that effect.

In the framework of cooperation efforts with neighbouring countries with a view to bringing an end to the trafficking of children under 18 years of age, the following cross-border bilateral agreements have been signed:

- the Benin–Gabon Agreement, 11 November 2020;

- the Benin–Congo Agreement, 20 September 2011;

- the Benin–Nigeria Agreement, 2013;

- the Benin–Togo–Burkina Faso Agreement, 2020;

- the Benin–Ghana Agreement (ongoing).

Multilateral cooperation agreements to combat child trafficking in West Africa have also been signed. These include the agreement between Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo signed in 2005.

It should be noted that a national plan of action to combat trafficking has been drawn up, but its implementation has not yet begun.

Discussion by the Committee

Government representative – Our country has always been sensitive to the issue of child labour, and particularly its worst forms. That is why it ratified the Convention, in order to reinforce its legal framework to facilitate the elimination of harmful labour by children. Efforts have been made to limit the phenomenon over the past decade. However, despite these efforts, our country has been included on the list of countries called upon to appear today on the basis of the observations of the Committee of Experts, which find the application of the Convention unsatisfactory.

Taking note of this situation, the Government agrees to submit to the procedure of being called before the Committee, while considering this an opportunity to do better. That is why we are taking this opportunity to provide further explanations of the action undertaken by the Government and to reaffirm our will and our commitments in relation to the issue that we are examining this morning. We dare to hope that following this sometimes complex exercise, Benin will be better understood by the international community in terms of the national policy for the protection of children in general, and in particular to combat child labour.

To do so, let me provide you with an overview of the vidomégon concept, covered by the observations. We will then review the global environment of action to combat the phenomenon through the legislative and institutional framework. I will finish by referring to the prospects and the ILO cooperation and assistance that we are calling for.

With reference to vidomégon children, the concept has evolved greatly since 1960. The Government does not deny the existence and gravity of the problem, but it should be noted that the origins of the vidomégon practice are intimately related to the culture of Benin. Its objective is as a vehicle for the values of solidarity and mutual aid in the community.

The origins of the vidomégon practice have to be seen in relation to the institution of marriage and, more generally, family solidarity. Parents in our culture are not a priori considered to be good at bringing up children, for emotional reasons. That is why children are placed in the households of close relatives, who bring them up with a certain rigour.

Reference should also be made to the fundamental role that urbanization has played for children from villages and their cultural adaptation through the practice of confiage, or the placement of children with other families, in a considerable number of cases in Benin in the achievement of an enviable socio-economic situation. It would not be an exaggeration to say that most middle and higher-level personnel in Benin, such as myself, were vidomégon children placed with aunts or uncles who provided us with a slightly more rigorous upbringing than our own mothers and fathers.

In light of the above, it may be concluded that the practice in question originally displayed no element of perversity. It has been with changes in mentality and customs that it has become corrupted and given way to a universe in which children are exploited and enslaved.

Even now, in view of its magnitude, statistics are limited on the situation of vidomégon children. Nevertheless, there has already been a reduction as a result of laws and regulations adopted by the Government.

With regard to the overall situation, I have to say that, according to recent data, the national incidence of child labour, which was assessed at 52.5 per cent in 2014, fell to 33 per cent in 2018, according to a demography and health survey. That means that the number of children in harmful situations has greatly diminished.

The laws and regulations adopted have enabled us to ratify many international Conventions adopted by the United Nations system, including the United Nations Convention on the Rights of the Child (1989), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), ILO Convention No. 182 and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2004).

At the national level, many laws have been adopted, among which reference may be made to: Act No. 2015-08 of 8 December 2015 issuing the Children’s Code of the Republic of Benin; Act No. 2006-04 of 10 April 2006 establishing conditions governing the movement of children and repressing the trafficking of children in the Republic of Benin; Act No. 2018‑16 of 28 December 2018 issuing the Criminal Code regulating the conditions of repression; and, finally, Act No. 2017‑20 of 20 April 2018 issuing the Numerical Code in the Republic of Benin. Through this latter Code, any crimes related to trafficking committed using information and communication technologies are subject to severe penalties.

In terms of regulations, reference may be made to a recent decree organizing the Ministry of Justice with a view to the preparation and implementation of a criminal policy to protect children against trafficking, sexual exploitation and forced labour, and implementing alternative measures to imprisonment for children in violation of the law and the establishment of a system of restorative justice.

These new measures are inauguring in our country an era of the establishment of a justice system based on the approach of victim protection. They involve institutional organization and measures.

There are three institutional levels, starting at the national level with the coordination of the action and interventions to combat child labour.

At the national level, there is a coordination committee consisting of various ministries, such as the Ministry of Labour, the Ministry of Trade, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Maternal and Primary Education, the Ministry of Secondary and Technical Education and Vocational Training and the Ministry of Mines, among others. Representatives of the most representative organizations of employers and workers are members of the coordination committee. At the departmental level, interventions are organized by the prefect, that is the administrative authorities. At the communal level, there are coordination units headed by mayors (of whom there are 77).

All the actors intervene within the framework of a programme. For example, in accordance with the programme established by the Government in 2014, Benin adopted its National Child Protection Policy. Following a few years of implementation in practice, its plan of action was reviewed. In 2019, the second National Plan of Action to Combat the Worst Forms of Child Labour emerged. Five strategic priorities formed the backbone of the plan: reinforcement of the legal framework; social mobilization; education; training; control and repression.

Moreover, Benin has developed the National Policy to Combat the Trafficking of Children 2022–31.

The implementation of these policies and strategies has led to certain results of which we would like to inform the Committee.

The Government has undertaken several types of action to combat all forms of forced labour, the commercial sexual exploitation of children and particularly vidomégon children.

By way of illustration, reference may be made to the analysis of the conformity of the national legislation with Convention No. 189 to broaden protection under the Convention, as well as under Convention No. 129 covering, respectively, domestic workers and labour inspection in agriculture with a view to their ratification and the development and strengthening of communication on the children’s helpline.

Through the children’s helpline, 28,364 calls were recorded as of 30 November 2021; 138 cases of child victims of violence were dealt with; advice, guidance and information was provided in response to 13,356 calls on the children’s helpline and other toll-free numbers, as well as fun calls with children; 186 children were removed from the major markets in Benin in 2017 as a result of inspection missions organized by labour inspectors; in 2022, 15 vidomégon children were rescued with the perpetrators and parents appearing before the juvenile court; to date, 3 children have been reintegrated and others have been returned to their families by decision of the juvenile court; a workshop was held on the drafting of plans of action for the implementation of the recommendations resulting from the diagnostic study of the criminal justice system in relation to trafficking in persons; and Benin participated in the 14th Annual Review Meeting of the ECOWAS Regional Network of National Focal Institutions against Trafficking in Children and Persons.

In accordance with its mandate, the OCPM intervenes to combat trafficking of children through prevention, and by raising awareness among children, parents and, particularly, vulnerable categories.

In terms of repression, the OCPM intervenes in the system for the repression of trafficking of children, in collaboration with border units, several NGOs and the Office of the Public Prosecutor, to identify and punish cases.

These actions have led to the following results: in 2020, the Office recorded 49 cases of trafficking of children, with 34 convictions (20 men and 14 women); in 2021, 37 cases were recorded and led to 13 convictions (9 men and 4 women).

In view of its magnitude, the Government is concerned about child labour in mines and quarries.

Visits were therefore organized, in collaboration with the Ministry of Labour, to assess the situation with those responsible for sectors with a high incidence of child labour. In November 2019, a meeting was organized bringing together high-level Ministry officials representing the worst affected sectors, such as agriculture, tourism, commerce, craftwork and mines.

The conclusions and recommendations of that meeting pointed to the need to organize a joint visit with the various ministries.

Following this visit, the authorities decided to launch a specific study to precisely assess the magnitude of the phenomenon. It is envisaged that the study will be accompanied by a three-year plan of action for targeted and significant intervention in the mining sector over the coming years. This study was launched in March 2022.

It should also be emphasized that, in budgetary terms, the overall amount of the direct investments made by the Government every year to combat child labour can be estimated at around 200 million CFA francs.

Clearly, this amount does not include the interventions by civil society organizations, which have an independent budget.

In light of the above, and in order to achieve an ideal situation as planned by the Government in relation to its ambition to achieve the Sustainable Development Goals (SDGs), some challenges need to be outlined.

First, the issue of repression is both a worrying and a complex matter. In practice, when action to remove children gives rise to the prosecution and conviction of those responsible, other social problems immediately arise. For example, in the case of craftworkers, the arrest of a master craftworker in most cases results in the disappearance of the activity and, consequently, the dispersion of the apprentices, leading to other problems for their parents with a view to their reintegration. In such circumstances, the question arises as to how to use the system of repression so that it does not turn against us.

Second, it should be emphasized that, for a large number of the children who are removed, reception centres are often overcrowded and a considerable number of children have nowhere to go and are therefore sent back to their families. This was the case in 2017 with the removal of approximately 100 children from the Dantokpa market, which gave rise to problems in dealing with them.

Moreover, the insufficient numbers of labour inspectors and child protection specialists does not always facilitate the proper organization of controls and care for the children.

In the near future, the Government will continue its action to combat the issue and will focus on the following initiatives: the ratification of Conventions Nos 129 and 189; the preparation of a study in 2022 on the situation of children in mines and quarries, combined with a three-year action plan; the completion of the process of updating the list of hazardous types of work prohibited for children; and the strengthening of the vocational training system with a view to quality apprenticeship.

In terms of future prospects, it should be emphasized that the Government needs to be included in ILO cooperation and technical and financial assistance, as well as with other competent organizations.

The Government already requests the support of the international community, and particularly of the International Labour Standards Department and the Committee of Experts in relation to the multiple challenges arising in particular in relation to: support in updating the compliance studies on Conventions Nos 129 and 189; support for the organization of a tripartite capacity-building workshop for the actors involved in action to combat the worst forms of child labour, and on the drafting of reports on the application of international labour standards; support for the construction and equipping of adapted child reception and protection centres and their geographically balanced distribution throughout the country; support for the development of an appropriate strategy for the repression of the abuse and exploitation of children on the labour market; advocacy for the massive recruitment of labour inspectors and their specialization in protection and related matters to strengthen the staff of monitoring teams through human resources of the appropriate quality and quantity; support for the training of investigators so that they are adapted to technological developments; and support for the interconnectivity of the various databases for the different services that intervene in combating child labour.

This is the additional information that the delegation wished to present to the members of the Committee.

The Government considers that this appearance offers an opportunity and a source of motivation for our country in the sense of accelerating its progress towards the effective elimination of child labour in response to the SDGs.

Employer members – Benin ratified the Convention in 2001 and the Committee of Experts made prior observations in 2014, 2018 and 2021. This is the first time the Committee has discussed Benin’s application of the Convention. We thank the Government of Benin for having submitted relevant information to the Committee regarding the application of this Convention in law and practice. We find this information is very promising as is the strong commitment expressed by the Government representative.

The Committee of Experts’ observations outline persisting gaps in Benin’s compliance with the Convention. First, regarding Article 3(a) of the Convention which prohibits the worst forms of child labour, including forced labour, the Committee of Experts has noted with deep concern the continuing situation of vidomégon children. It is noted that an important number of vidomégon children, that is 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, still face many forms of exploitation in host families, including forced labour and sexual exploitation. Various United Nations reports highlight the fact that 90 per cent of vidomégon children do not go to school. Instead, they are employed at the local market and in street trade and are often victims of prostitution. At the same time, it is noted that existing legislation establishes the obligation of the child placed in the host family to attend school and prohibits the use of these children as domestic workers. Furthermore, we take note that the Government has adopted specific measures to tackle this phenomenon such as the launch of a child helpline.

The Employer members are of the view that the prevalence of these unacceptable practices illustrates the multiple challenges faced in implementing existing regulations. Therefore, we would like to request the Government to redouble its efforts and take measures to ensure that, in practice, thorough investigations are robust, prosecutions are carried out and that sufficiently effective and dissuasive sanctions are imposed to deter adults from employing and abusing children.

On a related topic, the provisions of Articles 3(a) and 7(1) on the worst forms of child labour and penalties regarding the sale and trafficking of children, the Employer members welcome the Government’s efforts in developing legislative and other administrative measures to identify child trafficking and collect statistical data on the number of investigations, prosecutions, convictions and criminal sanctions. In particular, we welcome the effort put into developing the National Policy Document to Combat Human Trafficking 2022–31 and its Action Plan 2022–26, the Second National Action Plan on the Elimination of the Worst Forms of Child Labour 2019–23, and the number of bilateral agreements that Benin has concluded with neighbouring countries to combine efforts.

However, we must express deep concern regarding the observations of the Committee on the Rights of the Child which established in 2018 that the existing prevention strategies are ineffective, inadequate and inefficient. This issue must be analysed in the context of prevalent practices of child trafficking from and into neighbouring countries as noted in the Committee of Experts’ observations, particularly for domestic servitude and commercial and sexual exploitation in the case of girls, and forced labour in mines, quarries, markets and farms in the case of boys.

The Employer members understand the challenges regarding implementation and early identification of high-risk areas and vulnerable groups, all of which has proven fundamental in order to define priorities to ensure efficient resource allocation. Against this background, we request the Government to continue reporting on the measures taken, as well as the number of investigations, prosecutions, convictions and criminal sanctions imposed.

At the same time, we encourage the Government to implement as a matter of priority measures concerning child labour awareness and community sensitization, and to continue working in cooperation with the social partners and international development partners in order to build capacity among public officers, as well as employers’ and workers’ organizations.

The Employer members would like to highlight that, while essential, prosecuting and sanctioning adults and removing children from the worst forms of child labour are not stand-alone solutions. As such, the above-mentioned measures cannot be sufficient, effective or sustainable when not implemented in conjunction with strategic policies aiming to address the root causes, risk factors and socio-economic circumstances that either lead to or result in the exploitation of children.

The Committee of Experts takes this into consideration when addressing Article 7(2), paragraphs (a) and (b), on preventing the engagement of children in the worst forms of child labour and providing assistance for their removal. In particular, the Committee of Experts made observations regarding children working in mines and quarries.

The Committee of Experts took note of the various measures adopted by the Government to prevent child labour in mining sites, including awareness-raising and occupational safety and health training for mining site operators, and alert mechanisms put in place to notify site supervisors of the presence of working children.

The Committee of Experts also noted that committees to monitor child labour in quarries and on granite-crushing sites were established in several communes with UNICEF’s support in 2020 and have revealed several working children at these sites.

The Employer members echo the Committee of Experts’ request that the Government continue taking effective and time-bound measures to protect these children from hazardous work. In particular, we would like to request the Government to intensify its efforts to facilitate access to free basic education for all children and to provide information on the concrete measures taken in this regard, as well as on school attendance, maintenance and drop-out rates.

The Employer members once again thank the Government for the written and oral information submitted to the Committee and want to highlight that the strong commitment expressed by the Government regarding this case is noted.

We reiterate our request to the Government to intensify its efforts regarding implementation of early identification of high-risk areas and vulnerable groups, improve resource allocation regarding the identification of child victims, and continue to report relevant data on the measures taken and the results achieved.

Finally, the Employer members note that the ILO has assisted the Government with regard to its reporting obligations through the International Training Centre of the ILO in 2021 and encourage the Government to continue seeking further assistance to increase the capacity of the tripartite constituents and develop and implement multidimensional sustainable strategies to eradicate the worst forms of child labour, built upon timely and effective consultation with the social partners.

Worker members – We had already emphasized during the examination of a previous case during the course of this session that child labour is a scourge that the world has undertaken to eradicate as soon as possible through the universal ratification of the Convention.

Despite these commitments, in recent years there has been a recrudescence of child labour which is a cause for deep concern following many years of the reduction in its incidence. The crises that we have experienced are threatening to reduce to nothing the efforts made in the past. Today we now have to renew our efforts in order to convert political commitments into tangible reality.

We are today examining the case of Benin, in which the delicate issue arises of the so-called vidomégon children.

These children are placed in the home of a third person by their parents or an intermediary in order to obtain an education and work. According to an article in Le Monde, this practice, which has existed for a long time, enables poor families to offer their children the possibility of benefiting from access to education in exchange for the performance of certain agricultural or household tasks.

It would appear that since the 1990s, this practice has been totally diverted from this purpose and unfortunately now often constitutes an unacceptable form of exploitation of children, sometimes even organized by malicious networks, which only rarely guarantees these children access to education; indeed, quite the contrary.

According to UNICEF, there are approximately 200,000 vidomégon children in West Africa. Although we do not have exact figures for Benin, the NGO Espoirs d’Enfants estimates that there are 5,000 in Dantokpa alone. It would be useful for the Government to establish a system for the collection of data on vidomégon children so that trends in the phenomenon in the country can be monitored.

Alongside its observations on this practice, the Committee of Experts also raises other concerns relating to the trafficking and sale of children, as well as child labour in mines and quarries in Benin.

The first observations of the Committee of Experts on these issues date from 2014, and they have also been the subject of direct requests since 2004.

To come back to the vidomégon children, the Committee of Experts indicates that they are particularly exposed to the various forms of exploitation in the families in which they are placed.

Even though the Children’s Code in Benin establishes the requirement for children who are placed in families to go to school and prohibits their use as domestic workers, the United Nations Committee on the Rights of the Child and Human Rights Committee have expressed concern at the persistence of abuses related to the placement of these children, which come close to forced labour and is a source of economic and sometimes sexual exploitation.

The Government reports the adoption of initiatives to combat such abuses. They are clearly welcome but would need to be considerably reinforced.

Although the difficulties referred to by the Government relating to access to the home have to be overcome so that the abuses that are occurring can be identified, the exploitation of these children often happens outside the home, as 90 per cent of vidomégon children do not attend school and work on markets or in street trading. Those are the findings of the 2017 report of the Office of the United Nations High Commissioner for Human Rights, which particularly focuses on the specific risks affecting young girls who, in addition to economic exploitation, are also reported to be victims of prostitution.

The report of the Committee of Experts also points the finger at the problem of the sale and trafficking of children. The Committee on the Rights of the Child and the Human Rights Committee have considered Benin to be a country of origin, transit and destination of trafficking in persons, and particularly women and children, for the purposes of domestic work, subsistence farming and trade, as well as sexual exploitation.

Despite the initiatives taken by the Government to combat this issue, the Committee on the Rights of the Child estimated in 2018 that the initiatives launched to identify child victims of sale and trafficking were inadequate and ineffective.

Finally, the report of the Committee of Experts also refers to the situation of children working in mines and quarries. According to a study carried out within the context of an ILO project over the period 2010–14, some 2,995 children worked in 201 mines, 88 per cent of whom were of school age.

In this regard, we welcome the development by the Government of initiatives such as awareness-raising for people involved in mines, training in occupational safety and health and the establishment of monitoring committees in collaboration with UNICEF. We join the Committee of Experts in encouraging the Government to pursue and reinforce its prevention efforts. We also call on the Government not to overlook enforcement and to impose dissuasive sanctions when abuses are identified in practice.

The situation that we have just described in Benin forces us to conclude that the Convention is not always fully respected in practice, and particularly Articles 3(a) and 7(1) and (2).

We will have the opportunity to further specify our recommendations in our concluding remarks, but it appears to us that, to take action in practice for the elimination of the worst forms of child labour, which are still present in Benin, the Government first needs to develop an effective and permanent system for the compilation of data on the placement of vidomégon children, the sale and trafficking of children and the engagement of children in hazardous types of work.

On the basis of the resulting statistical data, the Government will be able to closely follow trends in these various issues and take the necessary measures to actively combat the abuses identified.

It is clear that the destiny of children in Benin closely depends on the socio-economic situation of their parents. It is therefore also essential to ensure that their parents are not faced with the terrible choice of placing their children in the hope of being able to offer them the education to which every child must be entitled. The Government therefore needs to work very hard to create decent jobs for all the citizens of Benin and to develop robust social protection mechanisms that prevent parents from being faced with these terrible choices.

The development of access to education for all children in Benin will also have to be a priority for the Government by reinforcing the education system in the country, an area in which it should be possible to find synergies with other United Nations organizations.

We are aware of the colossal challenges that this raises and we do not doubt the will or capacity of the Government to take up these challenges, with ILO technical assistance.

Employer member, Benin – I first wish to commend the excellent supervisory work carried out by the Committee of Experts. Its work helps countries to better assess the implementation of ILO Conventions and Recommendations, whether or not they have been ratified. The observations of the Committee of Experts are an invitation to improve our strategies.

Employers in Benin take the issue of child labour very seriously. In our view, child labour is a serious violation of human rights, as emphasized by our spokesperson. Early work is prejudicial to the child and a loss in every respect for the enterprise, parents and the nation as a whole. It deprives children of all the potential of their abundant talents.

We wish to recall that Benin has ratified all the ILO fundamental Conventions, including this Convention, with the support of the employers. The employers of Benin thank and support the Government for the information provided in response to the concerns raised by the Committee of Experts to address, prevent and eradicate the phenomenon of vidomégon children. Benin has plentiful legislation on the protection of children. Our organization promotes corporate social responsibility (CSR) and is a signatory to the Benin CSR Charter, for which it has led the whole process. The Charter, in point 2, clearly sets out our vision on the subject under discussion in relation to the Convention by calling for the respect and promotion of human rights under five priority headings reflecting fundamental principles and rights at work, the last of which is entitled “Prohibiting direct or indirect recourse to child labour”.

Employers in Benin have been engaged for decades in the battle to eradicate the worst forms of child labour. With a view to giving effect to the Convention in practice, employers have undertaken various awareness-raising activities in different sectors of the economy in Benin. In 2013, they signed with the workers’ organization, a bipartite declaration on child labour in parallel with the launch of the manual for employers and workers on hazardous types of child labour.

One of the areas in Benin in which social dialogue operates correctly and in which the partners in the world of work most easily reach agreement is on action to combat child labour. And yet, sadly, despite these efforts, the phenomenon persists in the informal economy.

Our organization plays an active role in all consultations on labour legislation, and specifically on the Convention, within the framework of the preparation of various guidance documents (the list of hazardous types of work forbidden for children and its updating, the preparation of the second-generation Decent Work Country Programme (DWCP), the list of light work, the National Plan to Combat Child Labour) and it engages in promoting respect for labour standards in enterprises.

The employers in Benin reiterate to the Committee their determination to continue working at the national level to raise collective awareness of the issue of child labour under the leadership of the newly elected President of the National Employers’ Council of Benin (CNPB), Mr Eustache Kotingan.

The employers of Benin however call on the Government to continue its efforts for the structural transformation of the economy with a view to addressing the deep underlying causes (poverty, informality, inadequate social protection, compulsory schooling), as emphasized by the Employer members.

In conclusion, the employers of Benin encourage the Government to request ILO technical assistance, where necessary, to intensify action to combat child labour, as set out in the National Plan of Action 2019–23.

Worker member, Benin – In our culture and according to our traditions, the child is the property of the community. The education and social integration of children are not the sole responsibility of their physical parents, but more of the community as a whole, and indeed the whole of society. Accordingly, children may be entrusted to a member of the extended family, or even to a friend outside the family circle, to ensure a good family environment for their development. These children are known as vidomégon children, which literally means children entrusted to another person or placed with a third person. It is neither more nor less than a tacit social convention established by tradition and which constitutes an act of solidarity and mutual assistance for children from poor families.

However, in recent years, this practice, which was not bad in itself, has now become deviated, tarnished and used for other purposes which do not contribute to the development of children who are so placed. Poverty, hardship, seeking easy gains at any price have become involved. In practice, poor parents, who are incapable of providing for the needs of their families, are obliged to watch their children leave for unknown destinations with dubious people who are only intent on enriching themselves. This sad scourge is now unfortunately reaching beyond the borders of Benin and is being combined with the trafficking of children, who become migrant workers despite themselves.

In that connection, it may be asked what our Government is doing to ensure the application of the Convention to combat the worst forms of child labour. We have to simply recognize that the Government has the real will to combat child labour and that the legislation exists. Action is being taken and there is also a work plan, which all allows the hope that results will be achieved. However, in practice, it can be seen that, despite all these efforts which, among other decisions, include free schooling and the general availability of school meals, the problem exists, persists and continues. Much therefore remains to be done. We workers believe that for this purpose what is needed is a sacred union bringing together all the related actors, religious circles, the social partners, parents of schoolchildren and all others concerned in a vast campaign.

All this also means that it is necessary to prevent the Government weakening trade unions through the adoption of laws which are in violation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

It is therefore necessary to engage in real sincere dialogue. Only dialogue of this type will allow Benin to produce standards that are capable of eradicating the worst forms of child labour. Such standards could deal with the root of the evil by giving priority to combating poverty, the structural transformation of the economy and the issue of employment.

The unions consider that it is necessary to bring an end to the precarity of applicant schoolteachers, known as aspirants, who account for over 51 per cent of the staff in secondary education and over 25 per cent in primary education. It is necessary to recruit and motivate teachers in their work.

The unions call on the Government to ratify as soon as possible all the Conventions that can help support action to combat child labour. These include the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Domestic Workers Convention, 2011 (No. 189), the Migration for Employment Convention (Revised), 1949 (No. 97), the Employment Policy Convention, 1964 (No. 122), and the Violence and Harassment Convention, 2019 (No. 190).

In brief, we, the workers of Benin, consider that the Government must once again engage in a process of dialogue in synergy with all the partners. A sacred union is absolutely necessary if the objectives are to be achieved, and the recommendations adopted in Durban at the World Conference on Child Labour must be used as a guide. That is important if progress is to be made.

Government member, France – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate countries, Montenegro and Albania, and the European Free Trade Association country, Norway, Member of the European Economic Area, as well as the Republic of Moldova and Georgia, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights and the fight against child labour, in particular its worst forms.

We actively promote the universal ratification and implementation of fundamental international labour standards, including the implementation of Convention No. 182. We support the ILO in its indispensable role of developing, promoting and supervising the application of ratified international labour standards, and the fundamental Conventions in particular.

As stated in the recently adopted Durban Call to Action, the universally ratified Convention requires action by ILO Member States to eliminate as a matter of urgency the worst forms of child labour. We recall the importance of scaling up efforts in this regard and underline our strong commitment thereto.

The EU and its Member States are long-term partners of Benin. This partnership is further reinforced in the framework of our cooperation with the African Union (AU) and ECOWAS, as well as the inclusion of Benin among the beneficiaries of the EU’s “Everything but Arms” scheme for least developed countries.

We thank the Government for the information provided ahead of our discussions and take note of the enactment of the 2019–23 National Plan of Action for the elimination of the worst forms of child labour in Benin.

While noting certain measures taken by the Government, we reiterate the call by the Committee of Experts urging the Government to intensify its efforts to protect children under 18 years of age from all forms of forced labour or commercial sexual exploitation, including vidomégon children exposed to various forms of exploitation by their host families, also taking into account the special situation of girls. We are particularly concerned at the observations of the Committee on the Rights of the Child and the United Nations Human Rights Committee in 2015, which drew attention to the persistent nature of this exploitation. We also express deep concern that, based on the reports of the Office of the United Nations High Commissioner for Human Rights, 90 per cent of vidomégon children do not go to school and they are employed in markets and street trading, in addition to performing unpaid domestic tasks.

We also express our great concern at reports of the sale and trafficking of children, including for the purpose of domestic servitude, subsistence farming or trade, or commercial sexual exploitation, predominantly in the case of girls, or forced labour in mines, quarries, markets and farms in the case of boys, especially in diamond-mining districts.

While recognizing the efforts made by the Government, we fully echo the call made by the Committee of Experts urging the Government to take the necessary measures to ensure that thorough investigations and prosecutions are conducted of persons subjecting children under 18 years of age to forced labour, commercial sexual exploitation, or engaging in their trafficking, and that sufficiently effective and dissuasive penalties and sanctions in this respect are imposed in practice.

We urge the Government to ensure the immediate removal of children from the worst forms of child labour and to take all necessary measures for their rehabilitation and social integration, including their access to education. We also call on the Government to continue to take effective and time-bound measures to protect children from hazardous work in the mining and quarrying sector.

As compulsory education is one of the most effective means of combating child labour, we encourage Benin to step up effective implementation of compulsory education throughout the country. We will continue to support Benin in strengthening its education system through dedicated bilateral development assistance, as well as the Global Partnership for Education.

The EU and its Member States are fully committed to working alongside Benin, and we will continue our engagement for the children of the country. We look forward to continuing joint efforts with the Government and the ILO.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. Human trafficking is modern-day slavery, a crime, and a grave violation of human rights. Benin continues to be a source, transit and destination country for trafficking in persons, from and into neighbouring countries. The most serious issues regarding trafficking are nevertheless internal. These cases predominantly involve Beninese children from low-income families exploited in forced labour or sex trafficking.

In Benin, under the practice of vidomégon, poor rural families send their children, usually girls, to the cities with the purpose of receiving education while working as domestic servants. Regrettably, however, too many of these children end up being exploited by means of forced labour.

Although the Republic of Benin prohibits the sale and trafficking of children, thousands of children have been found working under hazardous conditions in various sectors.

The Nordic trade unions are deeply concerned about these violations. We urge the Government to intensify its efforts to protect children from all forms of forced labour or commercial sexual exploitation, concerning vidomégon children in particular. In addition, the Government should take immediate action to ensure their rehabilitation.

We further demand that the Government take genuine and consistent steps to apply existing anti-trafficking legislation laws to rein in offenders. This can be done through investigations, prosecutions and sanctions.

Government member, Central African Republic – I am taking the floor to express the support of the Government of the Central African Republic for the eloquent responses made by the Government to the observations relating to the application of the Convention in law and practice.

Nobody ignores the fact that the worst forms of child labour are a major challenge for the international community. The recent 2021 ILO–UNICEF report truly sets out the complexity of the issue, what is at stake and the challenges faced by many States throughout the world in view of the deterioration in the living conditions of tens of millions of children engaged in hazardous types of work, aggravated by the COVID-19 pandemic.

However, the Government of the Central African Republic notes the strategic action undertaken and carried through, the statistics of which have been provided, which offer sufficient proof of the will of Benin to place action to combat child labour among the priorities that we should, in principle, support within the framework of ILO technical cooperation. In addition to the data provided by Benin, it has established a national integrated school meals programme which is proving to be a model for educational success for the many children removed from the worst forms of child labour, and particularly for the socio-economic integration of basic communities.

Employer member, Colombia – First, I consider it important to emphasize the importance and priority which, as employers, we give to the Convention, with its purpose of protecting children. I wish to emphasize that, in order to achieve target 8.7 of the SDGs of ending child labour in all its forms by 2025, it is necessary for us to work in a coordinated manner through social dialogue and with the social partners.

With reference to this specific case, the Committee of Experts indicated in its report that according to the information provided by the Office of the United Nations High Commissioner for Human Rights, 90 per cent of vidomégon children do not go to school. They are set to work in markets and street trading, as well as performing unpaid domestic tasks. It adds that girls, in addition to being exploited economically, are often victims of prostitution.

We thank the Government for the information provided on the measures taken to prosecute and convict those responsible for the labour exploitation of vidomégon children, although we regret that in practice children continue to be victims of this scourge.

In this regard, it is relevant to recall that, in accordance with Article 1 of the Convention, the Government is required to take the necessary measures to secure the prohibition and elimination of the worst forms of child labour, which include, under the terms of Article 3(a) and (b), all forms of slavery, such as the sale and trafficking of children, forced labour and their use or procurement for prostitution.

In this regard, we reiterate the call made by the Employer spokesperson to the Government to carry out the necessary investigations to identify and punish those responsible for committing such abuse against boys and girls and to intensify its efforts in coordination with the most representative organizations for the implementation of multi-dimensional strategies and policies with a view to capacity-building for the eradication of child labour.

Worker member, Zimbabwe – The Committee of Experts’ report on Benin exposes serious violations of this Convention. These range from a long-standing practice of placing children in the hands of third parties for work and education known as vidomégons, which exposes them to sexual exploitation, sale and trafficking of children, child work in mines and quarries, among others.

I recall the United Nations SDG 8.7 that seeks to eliminate child labour by 2025 and forced labour by 2030, but I am not sure if other countries like Benin will achieve this goal within the agreed period.

I recall that recently, on 16 to 20 May 2022, the ILO organized a conference on this subject and came up with the Durban Call to Action. This action requires and reiterates the need to:

- make decent work a reality for adults and youth above the minimum age for work by accelerating multi-stakeholder efforts to eliminate child labour, with priority given to the worst forms of child labour;

- end child labour in agriculture; and

- strengthen the prevention and elimination of child labour, including its worst forms, forced labour, modern slavery and trafficking in persons, and the protection of survivors through data-driven and survivor-informed policy and programmatic responses.

I have not even reiterated most of them in the interests of time, but we have already identified what needs to be done and it is now time for meaningful action if we are to totally eliminate this problem. I call upon the Government of Benin to strengthen social dialogue in all processes, including economic planning and budget design.

It is only when concerned parties’ inputs are taken on board that measures will yield results, as there will be ownership of such measures. Such government measures must be complemented by investment in jobs, social protection and the care of economy and education.

However, for social dialogue to provide results, there must be respect for freedom of association and collective bargaining rights.

Lastly, I commend the Government for some of the measures that it is taking to make sure that the issues are addressed, but there is still more that needs to be done. I encourage the Government to accelerate its efforts and seek ILO technical assistance.

Government member, Burkina Faso – The universal ratification of the Convention has succeeded in convincing the world that no effort is too great in the combat to protect the future of our children. In the conviction that it is through respect for fundamental principles and rights at work that the ILO will achieve the objective of social justice, my country reaffirms its commitment to the promotion of these principles, one of the pillars of which is based on action to combat the worst forms of child labour.

We thank the Government for the detailed information that it has been able to provide to the Committee. On the basis of this information, we recognize the affirmed political will, the statistics and the partnerships that demonstrate the efforts made by this fraternal country to give full effect to the Convention under examination.

Burkina Faso welcomes the results obtained by the Government and encourages it to continue this dynamic, while taking into account the relevant observations of the Committee of Experts.

The Committee will therefore have to weigh carefully in its conclusions the effective support of the ILO for government action in Benin for the elimination of child labour.

Employer member, Guatemala – The present and the future depend on the children of the world and it is the responsibility of all of us, governments, workers and employers, to ensure with urgency the prevention and eradication of child labour, with zero tolerance of its worst forms.

Today, we are examining a very serious case which has already been examined, not only by the Committee of Experts, but also by other United Nations treaty organizations, which have noted with concern the evidence of the seriousness of the problem. However, this is the first time the case has been examined by this Committee, which has the responsibility to take exemplary measures to bring an end once and for all to this scourge.

A global approach needs to be taken to child labour and its worst forms, and it is therefore the responsibility of the Government to adopt social protection measures in accordance with such socio-economic circumstances as informality, poverty, the lack of access to education and healthcare, which are the social conditions that lead to families having recourse to child labour. And it will have to pay special attention to traditional solidarity practices which have been distorted, being transformed into child labour and their sexual exploitation, among other worrying situations.

It is therefore necessary to create formal, productive and good-quality jobs for adults, which will help to build a safe environment for children, as well as the promotion of education for all children as a means of preventing child labour. The case of Benin is a clear illustration that promoting the universal ratification of Conventions is not sufficient, as their implementation also has to be ensured, especially in the case of the fundamental Conventions. Although the Government has indicated that it has taken various types of action to combat the worst forms of child labour, it is necessary for social dialogue to be developed through the adoption of tangible measures to reduce without delay the high numbers of children who are suffering, through sustainable, efficient and effective measures adopted with the support of the social partners and relying on ILO technical assistance to achieve this objective.

Worker member, Belgium – In the same way as the Committee of Experts, we are particularly concerned at the persistent exploitation of vidomégon children, trafficking and the use of children in mines and quarries. We note in particular that, according to the 2017 report of the Office of the United Nations High Commissioner for Human Rights, 90 per cent of vidomégon children do not go to school, and that they work in markets as well as performing domestic tasks.

Certain measures have been taken by the Government, but they are not sufficiently effective in practice. Efforts must be continued on an urgent basis to prosecute those responsible and hand down dissuasive sanctions.

The worst forms of child labour are linked to low incomes, and to the non-financial dimensions of poverty, such as food insecurity and bad health. Child labour also perpetuates the poverty of households over the generations. It prevents social progress, which is dependent on adequate education and schooling, and children who work cannot have access to proper schooling. It is necessary to break the vicious circle by ensuring universal access to education in practice.

It is also essential to adopt tangible measures to combat the poverty and socio-economic vulnerability of workers and their families. These measures must be based on rights and children and workers have to be central to interventions in order to resolve their vulnerability effectively.

The implementation of such measures could enable Benin to respect its commitment to the United Nations to achieve the SDGs, and particularly SDG 8 (decent work) and 16 (peace, justice and strong institutions), which specifically target the worst forms of child labour.

Government member, Switzerland – The eradication of the worst forms of child labour, to which the Convention contributes, is the universal principle applicable to all children under the age of 18 and is one of the most important objectives of the ILO. Switzerland attributes very great importance to this fundamental Convention, which has been universally ratified, but which still requires much effort for its application with a view to eliminating all forms of child labour. The recent Global Conference in Durban made us aware of the urgency of redoubling our efforts.

While recognizing the efforts made by the Government for the elimination of child labour and to combat the ill-treatment and physical violence of which children, including vidomégon children, are the victims, many children continue to be economically and sexually exploited and exposed to the worst forms of child labour, trafficking and forced labour.

Switzerland shares the deep concern of the Committee of Experts and reiterates the call made by the Committee of Experts to the Government to further intensify its efforts to protect children under 18 years of age from all forms of forced labour and commercial sexual exploitation. Switzerland encourages the Government to establish a system for the identification of vidomégon children and ensure their school attendance and good treatment. It also recommends the adoption as rapidly as possible of all the necessary measures to carry out in-depth investigations and prosecute any persons who engage in the trafficking of children under 18 years of age. In cases involving criminal offences, sufficiently dissuasive sanctions must be applied to those responsible in all cases. Action to combat trafficking in persons which involves children must be as robust as possible in all countries.

We also call on the Government to continue to take effective measures rapidly to protect children from hazardous work in the mining and quarries sector, and in agriculture. Finally, in view of the fact that the number of children under the age of 14 engaged in child labour remains high, Switzerland strongly encourages the Government to continue its efforts to prevent and progressively eliminate child labour in the country.

Worker member, Senegal – I am speaking on behalf of the workers’ organizations of West Africa and I wish to commend the quality of the work carried out by the Committee of Experts. We note with interest the information provided by the Government on the action taken to bring an end to child labour in the Republic of Benin.

It is still necessary to emphasize that, despite the efforts made, we note with great concern the persistence of the problem, and indeed its deterioration, as thousands of children, 88 per cent of whom are of school age, are continuing to be used as labour in hazardous types of work, in mines and quarries, in violation of the Convention. We also note the lack of reliable statistics on the number of children who have been protected and removed from hazardous types of work, which would support the Government’s efforts in this regard.

We call on the Government to comply in law and practice with Article 7(2)(a) and (b) of the Convention to prevent children from being engaged in the worst forms of child labour and to provide assistance to remove them from these forms of child labour.

In order to combat child labour effectively, it is necessary to take action against poverty and social inequality. To do so, we urge the Government to implement an effective policy to combat poverty and social inequality within the framework of a national social protection strategy, to which everyone has access, and which provides everyone with a minimum guaranteed income, particularly for poor parents who send their children to work to ensure the survival of the household.

This will require the establishment of social security grants which include a financial component, health coverage and school support for children, as well as the implementation of a policy of cash transfers through continuous financial support for the most vulnerable households in relation with technical, financial and social partners, as has been done recently in Senegal, in partnership with the World Bank, through an allocation of 43 billion CFA francs to the 500,000 most vulnerable households.

We also invite the Government to establish a real apprenticeship policy by regulating and supporting apprenticeship centres and ensuring the social security of apprentices.

We call on the Committee to take action with the Government of Benin for the adoption of an effective and inclusive social protection policy for the elimination of child labour.

Government member, Mali – Allow me to begin with a proverb from my country: “the tree must not hide the forest”. While the case for which the Government is before us is undoubtedly important, we should not lose sight of the immense efforts made by the Government to implement the Convention, particularly through the adoption of legislative and institutional measures.

These efforts are readily apparent in the comments made by the Government representative. However, as the Government does not deny the existence and seriousness of the issue, the Government of Mali encourages it to persevere in its efforts to find solutions, particularly in terms of awareness-raising.

In conclusion, my Government asks the ILO to provide support to the Government of Benin so that they can meet their challenges.

Worker member, Canada – Compulsory education is widely recognized as one of the most effective means of combating child labour and governments have an obligation to guarantee it is effectively implemented, which includes ensuring decent work conditions for educators.

Studies indicate that 48 per cent of children complete primary education in Benin. Among the major obstacles to providing stable education are the conditions of work of teachers. Meagre salaries, precarious and insecure contract work, assignments in isolated regions and high student-to-teacher ratios lead to high levels of teacher absenteeism in schools and contribute to an unstable teacher workforce.

It is estimated that almost 25 per cent of primary school teachers in Benin undertake income activities besides their teaching jobs, leading to extreme levels of teacher absenteeism that leave students in classrooms with no teacher. Contract teachers are more frequently absent than those with permanent and pensionable employment.

The student–teacher ratio in Benin as last reported in 2018 was 39 students per teacher, which is considered high compared to a world average of 24 students per teacher.

The 5th Global Conference on the Elimination of Child Labour calls for improving teacher and learning outcomes by recruiting qualified teachers in sufficient numbers to close the teacher gap and providing them with good conditions of work and supporting teacher unions.

Government expenditure on education as a total percentage of GDP in Benin was reported to be 2.9 per cent in 2019. The Government should do all it can to meet the target of at least 4 to 6 per cent of GDP, as recommended by the UNESCO Education 2030 Framework.

Government member, Cameroon – The Government of Cameroon has taken note of the report of the Committee of Experts and thanks it for the observations made on the implementation of the Convention by the Republic of Benin. The Republic of Cameroon remains very committed to respect for fundamental principles and rights at work and, to this end, thanks the delegation of Benin for the useful information provided to the Committee.

The Government’s presentation shows that, in the context of the implementation of the instrument, it has taken many types of action to combat all forms of forced child labour, as well as the commercial sexual exploitation of children. In addition, the Government is very concerned about child labour in mines and quarries and has developed a national policy document to combat trafficking in persons, together with an action plan.

In order to make these political ambitions a tangible reality, Benin has not confined itself to taking measures, but has put them into practice by intervening decisively in networks engaged in repressing trafficking in children to investigate and punish cases together with the competent authorities and cross-border units. All of this shows the Government’s commitment to eradicating child labour.

The Government of Cameroon therefore congratulates and encourages its sister Government of Benin to press ahead with the efforts already under way, particularly in raising awareness and building the capacities of all actors, drawing on the Durban Call to Action. It welcomes the fact that the Government has requested ILO technical assistance and asks the latter to provide assistance to Benin in order to eradicate this scourge.

Worker member, Italy – I am speaking on behalf of Italian, German and Spanish workers. Despite the adoption of a National Plan of Action 2018–23, the report of the Committee of Experts highlights the persistence and increasing number of children being trafficked within the country and internationally for sexual exploitation and domestic work. Between 2010 and 2014, almost 3,000 children were working at 200 mining sites, 88 per cent of whom were of school age.

The conclusions of the 5th Global Conference on the Elimination of Child Labour held in May 2022 in Durban provide the most relevant framework for the implementation of effective policies in a climate of tripartism and with full respect for trade unions.

In this context, in order to improve the implementation of the National Plan of Action, we emphasize the need to strengthen the national labour inspectorate to ensure that cases of violations are identified and give rise to prosecutions and convictions.

We also reiterate that decent work for all, especially women, an inclusive and quality education system and an adequate social protection system are essential conditions for the elimination of child labour and for protection against poverty, the main cause of child labour.

In order to effectively implement the action set out in the National Plan of Action, the Government should not delay in creating decent and good-quality jobs for adults; ensure the harmonization of the age of compulsory schooling with the minimum age for admission to work; ratify the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Domestic Workers Convention, 2011 (No. 189); and, finally, ensure the application of the Penal Code in relation to the exploitation of child labour.

Government member, Senegal – Senegal notes with great interest the written information provided by the Government following its inclusion on the list of individual cases to be examined by the Committee. The delegation of Senegal welcomes the action and measures taken by Benin to combat child trafficking and forced labour. The Government has taken many types of action at both the institutional and technical levels in collaboration with the labour inspection services to combat all forms of forced labour, commercial sexual exploitation of children and, more specifically, the vidomégon system.

We commend the efforts made by the Government and ask it to maintain the same momentum, while strengthening the action already taken. Continuing this action over time in a consistent and ongoing manner will make it possible to eradicate this scourge.

Furthermore, the Government of Senegal urges the Government of Benin to maintain and strengthen cooperation with border countries and other stakeholders to combat more effectively the worst forms of child labour.

In view of all the projects undertaken, the Government of Senegal appreciates the good will expressed by the Government. It invites the Committee to take the various initiatives into account in its conclusions and also asks the Office to assist this Member State in implementing programmes and projects that give full effect to the principles set forth in the Convention, with a view to eradicating child labour, and particularly its worst forms.

Government representative – We welcome the progress in the understanding of the vidomégon system among the members of the Committee following our additional information. We wish to thank all those who took the floor, the Vice-Chairpersons, delegations, representatives of international organizations and institutions for their contributions, guidance and support.

I can confirm that the Government is willing to cooperate transparently with the Committee of Experts, the ILO and representatives of civil society, who are providing incalculable support to our country through their direct interventions. We thank the ILO in particular, the EU and the governments which maintain bilateral relations with our country in relation to compliance with the Convention.

We reaffirm that the Government will continue its efforts in the field of combating forced labour, trafficking of children and work in mines and quarries. In practice, Benin is not a great mining country, but it will take the necessary measures to remove these children, who are being used through constraint, poverty and destitution.

With reference to education, the Government has made school free for young girls and boys at the primary level. The Government has combined that with the development of school meals with a view to supporting poor children and children whose parents do not have the bare necessities to ensure their education.

With regard to the vidomégon system, the Government, through the National Plan of Action to Combat Child Labour, will mobilize the necessary resources to reliably identify the issue in statistical terms.

With reference to repression, the legislative texts exist and we have a legal system which now enables us to make use of the enforcement system. In this context, we are in need of assistance to enable us to take the right measures and alternative measures for the full elimination of harmful work by children.

The extension of social protection is set out in the second-generation DWCP, which will be signed by the Government in the coming months, the priorities of which are women’s employment, youth employment, social protection for children and the promotion of international labour standards.

In this context, as we have said, we reiterate our intention to ratify Conventions Nos 129 and 189, for which we request the relevant support from the International Labour Standards Department to facilitate the compliance assessments.

In light of the above, we request the support of all donors through bilateral and multilateral agreements, so that we can continue our mission and our action effectively.

Extended social dialogue for this purpose is our ambition to achieve definitive success in the path we have taken and to allow children to be removed from the worst forms of child labour.

In conclusion, this is what we can say to you, the members of the Committee. We are willing to cooperate and listen, and we are seeking, requesting and claiming the support of the international community, because the issue of child labour is a global and strategic matter.

Employer members – In our concluding remarks on this case, the Employer members would like to again thank the Government for the additional information submitted to the Committee. As said before, we find this information is promising and we welcome the strong commitment expressed by the social partners. We also thank the delegates for their participation and insight.

Considering the complexity of the situation and the prevalence of many of the worst forms of child labour on the ground, we reiterate our deep concern regarding this case. The Employer members highlight that we cannot turn a blind eye to any form of child labour, even more so when children are victims of abuse, forced labour and hazardous work, and deprived of the right to education.

We must consider that, given the scope and prevalence of the worst forms of child labour practices, this case also has a relevant impact on the economic and social post-pandemic recovery in Benin.

We share the concerns expressed by the Committee of Experts, taking into consideration the role of education in preventing children from being engaged in the worst forms of child labour and facilitating labour market transitions towards employment opportunities.

As stated before, we are facing the threat of reversing years of progress against child labour, and the Employer members agree that it is essential to stand against this and combine efforts to prevent and eliminate child labour with the highest priority being given to the worst forms of child labour.

In light of the debate, the Employers members would like to recommend the Government to:

- intensify its efforts in order to ensure that thorough investigations and robust prosecutions are carried out and that sufficiently effective and dissuasive penalties are imposed in practice and to inform on the number of investigations undertaken, prosecutions and convictions applied in compliance with national legislation;

- implement strategies regarding early identification of high-risk areas and vulnerable groups, improve resource allocation regarding the identification of child victims, and continue to report on the measures taken and their results;

- strengthen policies regarding prevention, removal, rehabilitation and social integration of children and to put an end to the described practices, and continue providing information on the measures taken, and the number of children benefiting from these policies;

- ensure access to free basic education for all children and provide information on the measures taken, as well as on school attendance, maintenance and drop-out rates.

We take note of the Government’s request for technical and financial assistance and hope that Benin continues to work with international development partners, including the ILO and UNICEF, in order to build capacity among public officers, as well as employers’ and workers’ organizations to design and implement multidimensional, effective and sustainable strategies to eradicate the worst forms of child labour in Benin, including the promotion of an enabling environment for sustainable enterprises, which create quality jobs for adults to help in building a safe environment for the children. Effective and efficient implementation and sustainability of the recently adopted and developed action plans is of the utmost importance, and the Employer members hope that the Government’s efforts will be equal to the task.

The Employer members also hope that the Government’s commitment will continue to develop in terms of the concrete measures to ensure the protection of the significant number of boys and girls who remain vulnerable to being trafficked and subject to commercial exploitation, and that we can soon witness progress regarding the state of affairs described.

Worker members – We thank the Government representative of Benin for the written and oral information provided. We also thank the other speakers for their contributions.

The placement of vidomégon children, the sale and trafficking of children and work in mines and quarries in Benin are still too widespread today. Despite the initiatives taken by the authorities, the persistence of these practices in the country is a matter of particular concern.

It is certainly an indication that all these initiatives are still inadequate and would need to be reinforced and accompanied by further initiatives with a view to bringing a lasting end to these practices in the country.

We first call on the Government to develop all the necessary statistical tools to monitor trends in the placement of vidomégon children, the sale and trafficking of children and the engagement of children in hazardous types of work.

The Government should then redouble its efforts to protect children under 18 years of age against all forms of forced labour and commercial sexual exploitation, with particular reference to vidomégon children. Particular attention needs to be paid to girls. These additional efforts should focus on: the strengthening of the national legal system through the adoption of the necessary additional legal texts; awareness-raising and education for the population on the appropriate attitudes to be adopted in terms of combating child labour; and the strict application of laws prohibiting and protecting children against the worst forms of child labour.

The authorities will need to increase the resources, particularly for the inspection services, so that robust inspections and prosecutions can be carried out of persons subjecting children under 18 years of age to child labour, commercial or sexual exploitation, trafficking of children and work in mines and quarries. The Government should provide for the effective implementation of sufficiently effective and dissuasive sanctions.

In this respect, we welcome the indication by the Government of its intention to ratify Convention No. 129. The authorities should also provide the Committee of Experts with full data on the number of investigations, prosecutions, convictions and penalties imposed for forced labour by children, commercial and sexual exploitation, trafficking of children and work in mines and quarries.

The Government should ensure that effective and time-bound measures are taken to protect children against hazardous types of work in the mining and quarries sector. It should also provide statistical data on the number of children who have been protected against and removed from this hazardous type of work. Finally, it should indicate the rehabilitation and social integration measures from which they have benefited.

The creation of decent jobs and the reinforcement of social protection measures in the country should be such as to prevent the risk of parents envisaging placing their children with a third person or having to depend on their children working to cover family needs.

The strengthening of the resources for the education system, including through the improvement of the working conditions of teachers, will also be fundamental in keeping children from the worst forms of child labour.

The authorities should also ensure the adoption of specific measures for the rehabilitation and social integration of children who have been the victims of abuse in the context of their placement, victims of trafficking or taken away from school to engage in hazardous types of work.

The Government should ensure the implementation of all these recommendations in close consultation with the social partners and civil society organizations with a view to achieving the necessary synergies for effective and decisive action against these practices.

With a view to the implementation of all these recommendations, we invite the Government to have recourse to ILO technical assistance. In order to coordinate the necessary action to resolve the problems under examination, synergies will also need to be sought with other United Nations agencies, and particularly with UNICEF, in order to give effect in practice to these recommendations.

We also call on the Government to report in full to the Committee of Experts before its next session on the initiatives taken with a view to giving effect to the Committee’s recommendations.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

While noting the initiatives taken by the Government to address issues of the worst forms of child labour, the Committee noted with deep concern the persistent and widespread practices of vidomégon children, the sale and trafficking of children and children working in mines and quarries.

Taking into account the discussion, the Committee urges the Government, in consultation with the social partners, to:

- develop a robust statistical machinery to allow an efficient follow-up of the evolution of the practices of vidomégon children, the sale and trafficking of children and children working in mines and quarries;

- strengthen its efforts in order to protect children under 18 years of age from all forms of forced labour and commercial sexual exploitation, particularly vidomégon children, with specific attention provided to girls. These efforts should reinforce the legal framework by adopting the necessary legal texts, by raising awareness and education related to the elimination of the worst forms of child labour, and by enforcing the provisions that prohibit the worst forms of child labour;

- strengthen the capacity, including of inspections, to conduct investigations and prosecutions of persons subjecting children to the worst forms of child labour, including commercial sexual exploitation, sale and trafficking and dangerous work, especially in mines and quarries, and ensure that sufficiently effective and dissuasive penalties are imposed in practice;

- provide information on the number of investigations, prosecutions, convictions and penalties imposed for the offence of subjecting children to the worst forms of child labour including commercial sexual exploitation, sale and trafficking of children and dangerous work, especially in mines and quarries;

- take effective and time-bound measures to protect children from hazardous work in the mining and quarrying sector and provide statistical data on the number of children removed from this hazardous work and provide information related to the rehabilitation and social integration measures;

- ensure access to free basic education to all children, particularly from poor and disadvantaged families, particularly girls and children in rural areas;

- strengthen the rehabilitation and social integration measures provided to children victims of the worst forms of child labour, commercial sexual exploitation, the sale and trafficking of children and those in hazardous work; and

- develop a multidisciplinary time-bound action plan, with ILO technical assistance and in close cooperation with the social partners and other relevant civil society organizations with relevant competencies and expertise, including UNICEF.

The Committee urges the Government to avail itself of ILO technical assistance to progress towards the full eradication of the worst forms of child labour in accordance with the Convention.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 with information on the application of the Convention in law and practice, in consultation with the social partners.

Government representative – The Government of Benin takes note of the conclusions adopted by the Committee.

However, it considers that the vidomégon system will be re-examined by the Government with the participation of the social partners and other social organizations with a view to reaching mutual understanding. As we have said, the vidomégon system has changed very much and we take into account the remarks and observations made in this regard.

With reference to school, as we have emphasized, schooling has already been made free for girls and for boys in primary education. The Government will continue its efforts in this field to rationalize and put into context any misunderstanding that might once again arise in this respect. In this context, the Government is counting on the international community, on ILO cooperation and assistance to achieve its objectives.

We thank you for the assessment made by the Committee with its understanding of the problems of developing countries with limited resources.

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2022, as well as those of the International Trade Union Confederation (ITUC) received on 1 September 2022. It also notes the detailed discussion that was held by the Committee on the Application of Standards (the Conference Committee) at the 110th Session of the International Labour Conference (June 2022), regarding the application of the Convention by Benin, as well as of the Government’s report.

Article 6 of the Convention. Programmes of action. 1. National Plan of Action for the worst forms of child labour in Benin. Further to its previous comments, the Committee notes the written information provided by the Government to the Conference Committee according to which several activities have been implemented as part of the National Action Plan to combat the worst forms of child labour (PAN) 2019–23. These include the review and updating of the list of hazardous work; the establishment of services to combat child labour in the 12 departments of Benin; and the preparation of the procedure and protocol document for the monitoring of child labour. The Committee requests the Government to provide information, in its next report, on the impact of the measures taken under the PAN regarding the worst forms of child labour, as well as on the action taken for the renewal of the PAN after 2023.

2. National policy against trafficking of persons. The Committee notes that the Government representative informed the Conference Committee of the development and implementation of a national policy to combat trafficking of persons for 2022–31, with its plan of action for 2022–26. The Committee requests the Government to provide information on the measures taken within the framework of the policy and plan of action, as well as on their impact on the protection of children of under 18 years of age against sale and trafficking for commercial sexual exploitation and for work.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Conference Committee urged the Government to ensure access to free basic education for all children, particularly from poor and disadvantaged families, particularly girls and children in rural areas.

The Committee notes the observations of the ITUC, according to which increasing the means of the education system is fundamental to protecting children from the worst forms of child labour. Indeed, according to a December 2021 UNICEF report on factors affecting the educational progression of children, by gender, despite significant progress made over recent years, Benin still has a low completion rate for primary and above all for secondary level education, especially for girls. Such factors include a lack of access to schools, direct and opportunity costs, social norms, the lack of apprenticeship, and insufficient second chance programmes.

In this regard, the Committee notes the information provided by the Government concerning the range of action taken by the Ministry of Nursery and Primary Education, which includes the construction and rehabilitation of thousands of classrooms between 2017 and 2021; maintenance of the policy of moving towards free access through transfer of school fees to the State; distribution of free school support kits to learners and vulnerable pupils; maintenance of the policy of extending school canteens from the current 75 per cent coverage to 100 per cent coverage by 2026. With regard to the Ministry of Secondary and Technical Education and Vocational Training, the Committee notes the exemption of girls from the first cycle of secondary education and the donation, with UNICEF support, of 28,344 school support kits for girls in classes 5 and 6 in the Alibori, Borgou and Zou departments. Considering that education plays a key role in preventing children from engaging in the worst forms of child labour, the Committee requests the Government to continue intensifying its efforts to improve the functioning of the educational system in the country, by measures particularly directed at increasing the school completion rate, especially for girls. It requests the Government to continue to communicate information on the measures taken in this respect and on the results obtained.

Clause (d). Identification of children at special risk. HIV/AIDS orphans. Further to its previous comments, the Committee notes the written information provided by the Government to the Conference Committee according to which the protection of orphans and vulnerable children (OVCs) is ensured at institutional level by capacity building for social workers working in the Social Protection Centres (SPCs), and at the technical level by the provision of support kits for school and apprenticeship for highly vulnerable OVCs, monitoring of the schooling of OVCs by the SPCs, and advocacy with communal authorities to take account of the needs of OVCs in communal development plans and the inclusion of a budget line to that effect. Recalling that OVCs are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to indicate the results achieved through implementation of these institutional and technical measures in terms of the numbers of OVCs, especially where their vulnerability is related to HIV/AIDS, that have been supported and thus protected from the worst forms of child labour.

Article 8. International cooperation and assistance. Regional cooperation concerning the sale and trafficking of children. Further to its previous comments, the Committee notes that, according to the written information the Government provided to the Conference Committee, it is continuing its cooperation efforts with neighbouring countries with a view to bringing an end to the trafficking of children under 18 years of age. To that effect, Benin participated in the 14th Annual Review Meeting of the Economic Community of West African States (ECOWAS) Regional Network of National Focal Institutions against Trafficking in Persons Plus. Furthermore, in addition to the agreements already signed, of which the most recent are those between Benin and Gabon and Benin and Togo-Burkina Faso of 2020, a Benin – Ghana agreement is being finalized. The Committee again encourages the Government to continue its cooperation with neighbouring countries with a view to preventing the trafficking of children under 18 years of age. It requests the Government to continue to provide information on the measures taken and results achieved in this respect, through the various international cooperation agreements signed.

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2022, as well as those of the International Trade Union Confederation (ITUC) received on 1 September 2022. It also notes the detailed discussion that was held by the Committee on the Application of Standards (the Conference Committee) at the 110th Session of the International Labour Conference (June 2022), regarding the application of the Convention by Benin, as well as of the Government’s report.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 110th Session, May–June 2022)

Article 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Vidomégon children. The Committee notes that the Conference Committee, while acknowledging the initiatives taken by the Government, noted with deep concern the persistent and widespread practices related to the worst forms of child labour, including vidomégon children. The Conference Committee requested the Government to strengthen its efforts to protect children under 18 years of age from all forms of forced labour and commercial sexual exploitation, particularly vidomégon children, with specific attention provided to girls. Moreover, the Committee notes that the ITUC states, in its observations, that while the difficulties to access and inspect households, previously highlighted by the Government, need to be resolved in order to be able identify the presence of abuse, the exploitation of vidomégon children often takes place outside the household, since 90 per cent of the children do not attend school and are employed at markets and in the street trade or are victims of prostitution. The Committee notes that the IOE underscores that although the legislation in force makes school attendance obligatory for a child placed with a host family and prohibits the use of the child for domestic tasks, the prevalence of these unacceptable practices clearly reveals the many obstacles to implementing existing regulations.

In this regard, the Committee notes the Government’s indication in its report that Benin is continuing its efforts to improve the protective legal framework for child victims of the worst forms of child labour. The Government indicates that 218 investigations into ill-treatment of children were undertaken in 2020, 153 in 2021 and 94 from January to June 2022. Moreover, in 2022, 15 cases of vidomégon children were heard, with both perpetrators and parents summoned before the juvenile court. Three children were reintegrated, and the others returned to their families by decision of the juvenile court. However, the Government also indicates that between 2019 and 2021, a total of 1,119 child victims of internal trafficking comparable to the situation of vidomégons were identified and received by the Social Protection Centres (SPCs), which represents a far higher number of victims than the number of investigations carried out and, above all, the number of cases coming before the juvenile court. The Committee urges theGovernment to intensify its efforts, in collaboration with the employers’ and workers’ representative organizations, to protect children under 18 years of age from all forms of forced labour or commercial sexual exploitation, particularly vidomégon children. It again requests the Government to take the necessary measures to ensure, as a matter of urgency, that thorough investigations and prosecutions are conducted of persons subjecting children under 18 years of age to forced labour or commercial sexual exploitation, and that sufficiently dissuasive penalties are imposed in practice. The Committee requests the Government to provide information on the results achieved in this regard in its next report.

Sale and trafficking of children. The Committee notes that the Conference Committee urged the Government to strengthen the capacity to conduct investigations and prosecutions of persons subjecting children to sale and trafficking, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice.

The Committee notes the ITUC’s observations that the initiatives put in place to identify child victims of sale and trafficking are poorly adapted and ineffective. In its observations, the IOE adds that this question must be examined while bearing in mind that the practices of trafficking children from and to neighbouring countries are widespread and that although it may be difficult to identify high risk areas and vulnerable groups in advance, it is fundamental to be aware of them to be able to define priorities and allocate resources effectively.

In this regard, the Committee notes the information from the Government’s report that action is being taken to strengthen the capacities of the actors involved in combating trafficking. For example, in September 2022 training was provided for magistrates as part of the Regional Project to Prevent the Trafficking of Persons in the Gulf of Guinea (PRALTPGG) coordinated by the Ministry of Development and Coordination of Government action. The Government recognizes however that additional financial resources must be mobilized to reinforce activities in the next two years. Effectively, the Committee observes, according to the table giving combined data from the courts of nine towns, provided with the Government’s report, between 2019 and 2022, 102 prosecutions came before the courts, with 82 convictions for the trafficking of children, but only three prosecutions were filed in respect of the sale of children, with no convictions. The Committee urges the Government to strengthen its efforts better to identify the cases of sale and trafficking of children under 18 years of age and ensure the effective implementation and enforcement of its legislation, including by conducting thorough investigations and prosecutions of persons who engage in the sale and trafficking of children under 18 years of age. It requests the Government to provide information on the results obtained, in particular the number of investigations, prosecutions, convictions and penalties imposed for the trafficking of children under the age of 18 years.

Article 5. Monitoring mechanisms. The Conference Committee urged the Government to strengthen the capacity, including of inspections, to conduct investigations and prosecutions of persons subjecting children to the worst forms of child labour, including commercial sexual exploitation, sale and trafficking and dangerous work, especially in mines and quarries. In this regard, the Committee notes the information provided by the Government that the strengthening of the capacities of certain structures, including the inspections, is a constant part of the strategy to combat the worst forms of child labour in Benin. Several reinforcement efforts had been undertaken, including the organization by the Government of 4,634 inspection visits to apprenticeship centres, and mines and quarries between 2019 and 2021; the organization in 2020 of training for the staff of the Republican Police on judicial protection for children at the SOS Children’s Village at Abomey Calavi; the organization in 2020 of a training workshop for protection focal points for children of the Republican Police (police officers); and the organization in May 2022, by the Ministry of Labour of training for 70 actors (labour inspectors, social assistants, judicial police officers, juvenile court judges, members of civil society) on the procedures and protocols for monitoring child labour. The Committee requests the Government to continue to take measures and provide the training required to the police and other bodies responsible for enforcing the law to combat the worst forms of child labour, particularly the trafficking of children and dangerous work in mines and quarries. The Committee also requests the Government to continue to provide information on the functioning of the labour inspection services, including on specific measures to strengthen the services’ capacity to identify the worst forms of child labour and the results obtained.Finally, it requests the Government to provide the results of labour inspections into the mines and quarries, including the number of violations detected and penalties imposed.

Articles 6 and 7(2). Programmes of action and effective and time-bound measures. Clauses (a) and (b). Prevent the engagement of children in the worst forms of child labour and provide assistance for their removal from these forms of labour. Children working in mines and quarries. The Conference Committee urged the Government to take effective and time-bound measures to protect children from hazardous work in the mining and quarrying sector and provide statistical data on the number of children removed from this hazardous work and provide information related to the rehabilitation and social integration measures.

The Committee notes that the ITUC, while acknowledging the implementation by the Government of initiatives such as raising the awareness of actors on the mining sites, occupational safety and health training courses and, working with UNICEF, putting monitoring committees in place, observed that it was imperative for the Government to pursue and reinforce its prevention efforts.

The Committee notes the Government’s indication in its report that, despite the prohibition by the legislation in force of child labour in mines and quarries, children have been observed working in informal, artisanal mines, to varying degrees depending on the regions of the country and the household revenues. In this regard, the Committee notes that during the Conference Committee, the Government representative referred to a specific study launched in March 2022 to assess the magnitude of the phenomenon precisely. It is envisaged that the study will be accompanied by a three-year plan of action for targeted and significant intervention in the mining sector over the coming years. The Committee urges the Government to take, without delay, the necessary measures to ensure the protection of children engaged in hazardous work in mines and quarries, including within the framework of the triennial plan, and to provide information on the progress made in this regard. It again requests the Government to provide specific statistical data on the number of children protected against hazardous work in the mining and quarrying sector and who have been removed, and to indicate the measures provided for their rehabilitation and social integration. It also requests the Government to provide statistics compiled by the study into the magnitude of child labour in mines and quarries.

Sale and trafficking of children. The Committee notes that the Conference Committee urged the Government to strengthen the rehabilitation and social integration measures provided to children victims of the worst forms of child labour, commercial sexual exploitation, the sale and trafficking of children and those in hazardous work.

The Committee notes the information provided by the Government regarding action undertaken to prevent violence against and exploitation and abuse of children, including trafficking, such as: the training session for the social actors on protection of the child; the joint awareness-raising visits by the Ministries of Labour and of Social Affairs to the large Benin markets; and the awareness-raising tour on child trafficking led by the same ministries to bulk carriers, Social Promotion Centres (SPCs) and community relays. The Government also indicates that data compiled by the Integrated System for Family, Women and New-generation Children Data reveal that 2,274 trafficked children, of which 1,192 were girls, were received by the SPCs and its partner structures between 2019 and 2021. At total of 1119 of these children were victims of internal trafficking comparable to the situation of vidomégons and 711 were victims of cross-border trafficking. All SPC directors receiving a child victim apply the Minimum Intervention Package (PMI) which is the standard operating procedure for welcoming, listening and providing holistic care to victims, and also extends to their reintegration. Where the children are victims of cross-border trafficking, they are cared for under regional guidelines, which are implemented in coordination with the West African Network for the Protection of Children.

The Committee encourages the Government to continue its efforts to prevent children from becoming victims of trafficking, to remove children from the worst forms of child labour and to ensure their rehabilitation and social integration. The Committee also requests the Government to take effective, time-bound measures to strengthen the capacities of the centres and other social structures with regard to rehabilitation and social integration of children victims of trafficking and provide information on the results achieved in that respect.

Application of the Convention in practice. The Committee notes that the Conference Committee recommended that the Government develop a multidisciplinary time-bound action plan, with ILO technical assistance and in close cooperation with the social partners and other relevant civil society organizations with relevant competencies and expertise, including UNICEF. It also requested the Government to develop a robust statistical machinery to allow an efficient follow-up of the evolution of the practices of vidomégon children, the sale and trafficking of children and children working in mines and quarries.

The Committee notes, according to the ITUC’s observations, that the absence of precise statistics on vidomégon children in Benin constitutes an obstacle to decision-taking and to establishing policies and action plans aimed at eradication of the practice.

The Government indicates that measures are currently undertaken regarding the elaboration of a multidisciplinary, time-bound plan. With regard to statistics, the Government indicates the need for overall improvement of the system for gathering statistics in order to harmonize them, as the tools in place produce overall data, rather than child-labour specific data. In this connection, the Government indicates that a study into the worst forms of child labour and vidomégons is envisaged, with a view to the formulation of the multidisciplinary time-bound plan. The Committee urges the Government to take the necessary measures to ensure that the study on the worst forms of child labour and vidomégons is conducted and completed as soon as possible. It requests the Government to provide, in its next report, information on progress made in this respect, as well as on the development and adoption of a multidisciplinary and time-bound action plan aimed at protecting children under 18 years of age from engaging in the worst forms of child labour.

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

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Article 6 of the Convention. Programmes of action. National Plan of Action for the elimination of the worst forms of child labour in Benin. In its previous comments, the Committee requested the Government to provide information on the evaluation of the measures taken in the context of the 2012–15 National Plan of Action for the elimination of the worst forms of child labour in Benin (PAN). The Committee also requested the Government to provide information on progress made regarding the adoption of the new PAN for 2018–22 and to indicate its objectives for the elimination of the worst forms of child labour.

The Committee notes the Government’s indication in its report that only 17 out of 54 actions planned under the 2012–15 PAN have been carried out and that the overall execution rate of the implementation of the 2012–15 PAN is 32 per cent. Amongst the difficulties in the implementation of the 2012–15 PAN, the Government indicates the lack of financing and coordination of actions, an absence of a mid-term evaluation, and the weak integration of the 2012–15 PAN in the annual work plans of the main actors. The Government further indicates the adoption of the 2019-2023 PAN, which aimed at 70 per cent reduction of the worst forms of child labour. The 2019-2023 PAN focuses on six main areas: strengthening the legislative and institutional framework concerning child labour; information, awareness, and social mobilization; education and training; protection and monitoring of child victims; inspection and repression; and evaluation of the 2019-2023 PAN. The Committee requests the Government to provide information on the measures taken within the framework of the implementation of the PAN for 2019–2023 to eliminate the worst forms of child labour, and the results achieved in this regard.

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 these forms of labour. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s indication that awareness-raising activities were carried out with the UNICEF’s support in the municipalities at high risk of child trafficking. The Committee also observes that, according to the 2020 report on labour statistics of the Ministry of Labour and Public Service, in 2020, 38 children, mostly between 10 and 14 years of age, were removed from the worst forms of child labour. The Committee further notes that, in its concluding observations of 2018, although noting the establishment of the children’s reception and transit centre and other measures taken to support the recovery and reintegration of victims, the Committee on the Rights of the Child (CRC) expressed concern that most services, including shelters and temporary accommodation for child victims, are provided by non-governmental organizations, with very limited support from the Government. The CRC also expressed concern about very limited services available to support the physical and psychological recovery and social reintegration of victims and that the Decree No. 2012-416 establishing the norms and standards applicable to children’s shelters and protection centres is not enforced (CRC/C/OPSC/BEN/CO/1, paragraph 34). In addition, the Committee notes that the Committee against Torture (CAT), in its concluding observations of 2019, urged to make all child and adolescent protection centres effectively operational by strengthening their human and material capacities, and ensure adequate training for their staff (CAT/C/BEN/CO/3, paragraph 41, e). The Committee requests the Government to take effective and time-bound measures to prevent children from becoming victims of trafficking, to remove child victims from the worst forms of child labour, and to ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the measures taken, including measures to strengthen the capacities of the centres and other social institutions in the rehabilitation and social integration of child victims of trafficking, and the results achieved in this regard. It further requests the Government to provide statistics on the number of children prevented and rescued from trafficking and to indicate the rehabilitation and social integration measures from which they have benefited.

Clause (d). Identification of children at special risk. 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 (OVC) and that the Ministry of Family Affairs had undertaken many activities for OVC through its “Cellule coeur d’espoir” (child support unit) programme.

The Committee notes the Government’s indication that the report on the implementation of the National Plan of Action (2006–19) to take care of OVC and the “Cellule coeur d’espoir” programme will be submitted to the Committee once it is available. The Committee observes from the website of the Joint United Nations Programme on HIV/AIDS (UNAIDS), that the number of children in the 0–14 age group living with HIV in Benin was 8,900 in 2020. The Committee further observes from the Demographic and Health Survey carried out by the National Institute of Statistics and Economic Analysis (INSAE) in 2018, that the percentage of children not living with a biological parent increases with age, from 5 percent among 0-4 year olds to 29 per cent among 15-17 year olds. Recalling that OVC are at greater risk of becoming involved in the worst forms of child labour, the Committee once again requests the Government to take effective and immediate measures to protect this category of vulnerable children from the worst forms of child labour. It reiterates its request to the Government to indicate the results achieved through the implementation of the National Plan of Action (2006–19) and the “Cellule coeur d’espoir” programme.

Article 8. International cooperation and assistance. Regional cooperation concerning the sale and trafficking of children. The Committee previously noted the Government’s reference, as regards international cooperation, to the signing of bilateral agreements with Nigeria and Gabon and also international agreements with the Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS) which related to action against the trafficking of children.

The Committee welcomes the signing of a cooperation agreement with Togo and Burkina Faso to protect children in the situation of cross-border trafficking on September 23, 2019 and a cooperation agreement to combat cross-border trafficking of children with Gabon on November 9, 2018. The Government also indicates that a border control system with Nigeria, which is the main destination country for trafficking of children, has been strengthened. The Government further indicates that, in January-May 2020, nine child victims of trafficking were intercepted at the Benin-Nigeria border. In addition, seven child victims of trafficking were identified in Nigeria and repatriated by the Nigerian authorities to Benin. The Committee encourages the Government to pursue its efforts to cooperate with the neighbouring countries with a view to prevent the trafficking of children under 18 years of age. The Committee also requests the Government to continue to provide information on the measures taken and results achieved in this respect, through its various international cooperation agreements.

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Article 3 of the Convention. Clause (a). Worst forms of child labour. Forced labour. Vidomégon children. In its previous comments, the Committee noted with concern that 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, face various forms of exploitation in host families. The Committee further noted 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. The Committee, however, noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 2016, expressed concern at the distortion of the traditional practice of vidomégon into forced labour and that children placed outside their families, particularly vidomégon children, face sexual exploitation. The United Nations Human Rights Committee, in its concluding observations of 2015, also expressed concern at the persistent misuses of the placement of vidomégon children, who had become a source of financial and sometimes sexual exploitation.

The Committee notes the Government’s indication in its report that the identification of cases of labour exploitation of vidomégon children is hampered by the fact that labour inspectors cannot access households. The Government, however, points out that in case of identified abuse or violence against vidomégon children, perpetrators of such actions are prosecuted and convicted. The Government further indicates the launch of a helpline for child victims of violence and abuse, including vidomégon children, with a view to combat mistreatment and physical violence against children. It further points out that the phenomenon of vidomégon children has declined since more parents are aware of the exploitation of children in host families. The Committee, however, notes that the CRC, in its concluding observations of 2018, expressed concern about the persistence of harmful practices in Benin, such as vidomégon, and recommended to investigate and prosecute persons responsible for such harmful practices (CRC/C/OPSC/BEN/CO/1, paragraphs 20(e), 21(e)). The Committee further notes the indication in the 2017 Report of the Office of the United Nations High Commissioner for Human Rights that 90 per cent of vidomégon children do not go to school and that they are employed at markets and in the street trade, in addition to performing unpaid domestic tasks. The 2017 Report further indicates that young vidomégon girls, in addition to being exploited economically, were reportedly often victims of prostitution (A/HRC/WG.6/28/BEN/2, paragraph 38). The Committee notes with deep concern the continuing situation of vidomégon children exposed to various forms of exploitation in host families. While noting certain measures taken by the Government, the Committee urges the Government to intensify its efforts to protect children under 18 years of age from all forms of forced labour or commercial sexual exploitation, particularly vidomégon children. It also requests the Government to take the necessary measures to ensure, as a matter of urgency, that thorough investigations and prosecutions are conducted of persons subjecting children under 18 years of age to forced labour or commercial sexual exploitation, and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee requests the Government to provide information on the results achieved in this regard.

Articles 3(a) and 7(1). Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee noted that the 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 prohibits the sale and trafficking of children for economic or sexual exploitation. The Committee also noted that the Children’s Code of 2015 contains provisions relating to the sale and trafficking of children (sections 200–203 and 212). The Committee, however, noted that statistics on the number of convictions and criminal penalties handed down were not yet available. The Committee further noted that the CRC, in its concluding observations of 2016, expressed concern at the number of children who fell 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. Furthermore, the Committee noted that the Human Rights Committee, in its concluding observations of 2015, continued to express concern that Benin was at the same time a country of origin, transit and destination for trafficking in persons, and in particular women and children.

The Committee notes the Government’s indication that, in January-May 2020, the Central Office for the Protection of Children and Families and the Elimination of Trafficking in Persons (OCPM) identified 10 cases of trafficking of children in Benin. The Government further indicates that statistical data on the number of investigations, prosecutions, convictions and penal sanctions imposed for trafficking of children is being currently collected. The Committee further notes in the Government’s report concerning the application of the Forced Labour Convention, 1930 (No. 29) the establishment of the branches of the OCPM in risk areas and the adoption of identification procedures of child victims of trafficking. The Committee, however, notes that the CRC, in its concluding observations of 2018, expressed concern about the prevalence of cases of trafficking in children from and into neighbouring countries, particularly for domestic servitude and commercial sexual exploitation in cases of girls, and for forced labour in mines, quarries, markets and farms in cases of boys, especially in diamond-mining districts. The CRC further noted that the system in place for identifying child victims of sale and trafficking, is inadequate and inefficient (CRC/C/OPSC/BEN/CO/1, paragraphs 20(f), 32(a)). The Committee requests the Government to strengthen its efforts to ensure the effective implementation and enforcement of the provisions of the Act No. 2006-04 of 10 April 2006, including by conducting thorough investigations and prosecutions of persons who engage in the trafficking of children under 18 years of age. The Committee further requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed for the offence of trafficking of children under 18 years of age. Lastly, the Committee requests the Government to provide information on the activities of the OCPM in preventing and combatting trafficking of children.

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 previously noted that, according to a survey conducted as part of the ILO–IPEC ECOWAS II project (December 2010–April 2014), 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 also noted that further to the implementation of the ILO–IPEC ECOWAS II project, targeted actions had been 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 had also established internal regulations prescribing penalties for operators or parents who use child labour on the sites. Alert mechanisms had also been put in place to notify site supervisors of the presence of working children.

The Committee notes the Government’s indication that the committees to monitor child labour in quarries and on granite crushing sites were established in the communes of Djidja, Zangnanado, Bembéréké, Tchaourou, and Parakou with the UNICEF’s support in 2020. The monitoring committees are consisted of labour inspectors, heads of mining and quarrying departments, heads of social promotion centres, judicial police officers, site and quarry operators, heads of women's crushers' associations, and district and village leaders. The Government further indicates that a training workshop on child labour, particularly in mines and quarries, was conducted for the members of the monitoring committees. During the monitoring committees’ visits, several working children were found at the granite crushing sites in the commune of Bembéréké. The Committee once again encourages the Government to continue to take effective and time-bound measures to protect children from hazardous work in the mining and quarrying sector. It further requests the Government to provide statistical data on the number of children protected or removed from this hazardous type of work and to indicate the rehabilitation and social integration measures from which they have benefited.

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

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Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection and police units. In its previous comments, the Committee asked the Government to take the necessary steps to strengthen the capacity of the labour inspectorate and police units, particularly by increasing staff numbers and ensuring the implementation of regular inspections.

The Committee notes the Government’s statement that the labour inspection services are constantly monitoring working conditions on the ground, and any children who are found in critical work situations are entrusted to the Central Office for the Protection of Children and Families and the Punishment of Trafficking in Persons (OCPM). The Committee requests the Government to provide more detailed information on the work of the labour inspectorate and police units, particularly measures taken to combat the worst forms of child labour. The Committee requests the Government to provide, for example, extracts from reports or documents indicating the scope and nature of violations reported involving children and young persons engaged in the worst forms of child labour.

2. Child labour monitoring system. In its previous comments, the Committee noted that the implementation of the ILO–IPEC project on the elimination of the worst forms of child labour in West Africa (ECOWAS II, December 2010–April 2014) resulted in a child labour monitoring system being made operational in five departments.

The Committee notes that the Government confirms that the child labour monitoring system has indeed been installed in five departments but that it is not yet operational. The Committee once again requests the Government to provide concrete information on the impact of the measures adopted under the child labour monitoring system with a view to eliminating the worst forms of child labour, including the number of children effectively protected against these forms of labour.

Article 6. Programmes of action. National Plan of Action for the elimination of the worst forms of child labour in Benin. In its previous comments, the Committee noted the 2012–15 National Plan of Action for the elimination of the worst forms of child labour in Benin (PAN) and asked the Government to supply information on the implementation of the PAN and its impact as regards the elimination of the worst forms of child labour.

The Committee notes the Government’s indication that the implementation of the PAN came to an end in December 2015. National consultants are evaluating the PAN to measure its impact in terms of eliminating the worst forms of child labour. Data collection is currently under way with a view to completing the evaluation process. The evaluation will enable the adoption of a new PAN for 2018–22. The Committee requests the Government to supply information on the evaluation of the measures taken in the context of the PAN for 2012–15 to eliminate the worst forms of child labour. The Committee also requests the Government to provide information on progress made regarding the adoption of the new PAN for 2018–22 and to indicate its objectives for the elimination of the worst forms of child labour.

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 these forms of labour. Sale and trafficking of children. In its previous comments, the Committee noted the statistics sent by the OCPM on children removed from trafficking and repatriated, and asked the Government to continue to provide information on this matter.

The Committee notes the Government’s indication that in July 2017 a campaign entitled “Zero children working in the markets and streets of major cities in Benin” was conducted, resulting in a total of 626 children being found in work situations. As a result of this campaign, 77 children were removed from the worst forms of child labour. The second phase of the operation was due in November 2017. The 2017 UNICEF report on Benin states that 511 girls were among the children identified and seven children between 6 and 12 years of age were removed from the worst forms of child labour. The report emphasizes that the campaign involved awareness-raising activities for market consumers, labour inspectors and the parents and guardians of children with regard to the worst forms of child labour in markets in Benin. The Committee requests the Government to continue providing statistics on the number of children prevented and rescued from trafficking and to indicate the rehabilitation and social integration measures from which they have benefited.

Clause (d). Identification of children at special risk. 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 undertaken many activities for OVCs through its “Cellule coeur d’espoir” (child support unit) programme. The Committee asked the Government to provide information on the implementation of the National Plan of Action for the care of OVCs.

The Committee notes that there is no information on this matter in the Government’s report. It notes the follow-up report to the 2016 policy statement on HIV/AIDS in Benin, which provides detailed information on the situation of OVCs and the measures taken by the Government for their integration. The Committee observes that, according to projections relating to the indicators for children in the 0–14 age group, the number of children living with HIV is estimated at 3,932 in 2018 compared with 3,211 in 2020. The number of OVCs is estimated at 457,092 in 2018 compared with 460,467 in 2020. Recalling that OVCs are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take effective and immediate measures to protect this category of vulnerable children from the worst forms of child labour. It requests the Government to indicate the results achieved through the implementation of the National Plan of Action (2006–19) and the “Cellule coeur d’espoir” programme.

Article 8. International cooperation and assistance. Regional cooperation concerning the sale and trafficking of children. The Committee notes the Government’s reference, as regards international cooperation, to the signing of bilateral agreements with Nigeria and Gabon and also international agreements with the Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS). These agreements relate to action against the trafficking of children. The Committee encourages the Government to strengthen international cooperation with neighbouring countries to prevent the trafficking of children under 18 years of age and requests it to provide information on the results achieved in this respect.

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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.

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Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection and police units. In its previous comments, the Committee asked the Government to take the necessary steps to strengthen the capacity of the labour inspectorate and police units, particularly by increasing staff numbers and ensuring the implementation of regular inspections.

The Committee notes with interest the Government’s statement that 20 labour inspectors and 25 labour controllers were recruited and deployed in 2012 and 2013. They receive regular training with regard to the tools available for combating child labour. Moreover, 1,000 police officers and police units were recruited and received training in child protection before being deployed. The Committee requests the Government to provide information on the work of the labour inspectorate, police and police units, particularly with regard to the worst forms of child labour, including extracts from reports or documents indicating the scope and nature of violations reported involving young persons engaged in the worst forms of child labour.

2. Child labour monitoring system. The Committee notes that the implementation of the ILO–IPEC project on the elimination of the worst forms of child labour in West Africa (ECOWAS II) has resulted in a child labour monitoring system being made operational in five departments. The Committee requests the Government to provide detailed information on the impact of the measures adopted under the child labour monitoring system with a view to eliminating the worst forms of child labour, including in terms of the number of children effectively protected against these forms of labour.

Article 6. Programmes of action. National Plan of Action for the elimination of the worst forms of child labour in Benin 2012–15 (NPA). The Committee notes that the NPA in Benin runs until 2015. The NPA, whose goal is to eliminate the worst forms of child labour by 2015, comprises six strategic components: harmonization of the legislative framework in relation to the worst forms of child labour; increased mobilization in relation to combating the worst forms of child labour; improved access to education and training for children who are victims of, or at risk of, the worst forms of child labour; strengthening the capacity for intervention of child protection bodies; reducing the vulnerability of families and children in relation to the worst forms of child labour; and strengthening institutional machinery in favour of child victims of abuse and exploitation. The Committee requests the Government to supply information on the implementation of the NPA and its impact as regards the elimination of the worst forms of child labour.

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 these forms of labour. Sale and trafficking of children. Further to its previous comments, the Committee notes the information supplied by the Government to the effect that, in 2011, action by the Central Child Protection Office resulted in the detection and repatriation to their country of origin of 172 child victims of trafficking; in 2012 and 2013, respective totals of 147 and 153 children were detected and repatriated. The Committee requests the Government to continue to provide information on the number of children removed from trafficking and rehabilitated as a result of the action of the Central Child Protection Office.

Clause (d). Identification of children at special risk. 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.

The Committee notes the Government’s indications that the Ministry of Family Affairs implemented many actions for OVCs through its Cellule coeur d’espoir (child support unit). The “vulnerability assessment chart” for children in Benin was updated in 2012 with the aim of reaching the maximum number of OVCs; in 2013, a guide for evaluating the cost of care for OVCs was drawn up; and a new list of OVCs for 2011–13 was validated (the total number of OVCs at national level was 31,520, with 17,002 boys and 14,518 girls). The Government also indicates that a total of 23,903 OVCs, of whom 12,415 were girls, had received nutritional support as at 30 June 2014.

However, the Committee observes that, according to UNAIDS estimates for 2013, some 40,000 children have been orphaned as a result of AIDS in Benin. Recalling that HIV/AIDS orphans and other vulnerable children are at greater risk of becoming involved in the worst forms of child labour, the Committee urges the Government to intensify its efforts to ensure their protection against these forms of labour. It requests the Government to continue to provide information on effective and time-bound measures taken, including through implementation of the National Plan of Action (2006–19) and by the Cellule coeur d’espoir, and also on the results achieved in this respect.

Article 8. International cooperation and assistance. Regional cooperation in relation to the sale and trafficking of children. Further to its previous comments, the Committee notes the Government’s indications that a bilateral agreement on combating the trafficking of children was signed with Congo in 2011. The Government indicates that discussions are under way with a view to signing such bilateral agreements with Gabon and Côte d’Ivoire. Benin has also initiated discussions. The Committee requests the Government to continue its international cooperation efforts to combat the trafficking of children under 18 years of age and requests it to provide information on the results achieved in this respect.

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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.

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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.

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Article 3(a) and Article 7, paragraph 1, of the Convention. Sales and trafficking of children and penalties. 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 penalizing 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 notes that, according to a 2006 UNICEF report on the trafficking of persons, particularly 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 (child domestic workers). The Committee notes with interest the Government’s indication that, between January and mid-July 2008, the Youth Protection Unit referred 29 persons presumed responsible for trafficking to the courts. It also takes due note of the Government’s statement that, according to the Ministry of Justice, Legislation and Human Rights, 76 persons were sentenced to at least one year’s imprisonment for the crime of trafficking in 2006.

The Committee observes that, even though the Government has adopted a number of measures to combat the sale and trafficking of children for the exploitation of their work, the problem still exists in practice. Furthermore, even though a relatively large number of persons were convicted of the crime of trafficking in 2006, the Committee observes that the sentence imposed was less than one year’s imprisonment in all cases. It reminds the Government that the offences established by Act No. 2006-04 of 5 April 2006 are serious crimes and that, under Article 7, paragraph 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 provision and application of sufficiently effective and deterrent penal sanctions. The Committee encourages the Government to continue 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 exploitation of their work. It requests the Government to take the necessary measures to ensure that penalties imposed on persons found guilty of the trafficking of children are sufficiently effective and are enforced in practice. The Committee requests the Government to continue providing information on the application of Act No. 2006-04 of 5 April 2006 in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed.

Clause (d). Hazardous work. 1. Children working on their own account. The Committee notes the Government’s indication that the national legislation does not explicitly regulate the situation of persons who work on their own account. The Government also states that a Child Protection Code was due to be adopted and that this draft contains specific provisions protecting this category of child workers. The Committee notes the Government’s statement that the draft Child Protection Code has not yet been adopted. It has been submitted to the Supreme Court for opinion and will then be submitted to the National Assembly for adoption. The Committee expresses the firm hope that the draft Child Protection Code will be adopted in the near future and contain provisions which will protect children under 18 years of age who work on their own account against hazardous work. It requests the Government to supply information on any new developments in this respect.

2. Videomégon” children. In its previous comments, the Committee noted that the country has a large number of videomégons from rural areas who do not attend school. It noted that the videomégons are children 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. Once considered a sign of traditional solidarity between parents and family members, the practice is now being abused in some cases. The Committee noted the Government’s statement that it is aware of the scale of the phenomenon and its harmful impact on children’s future.

The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations on the second periodic report of Benin in 2008, expressed its deep concern at the frequent abuse of children working as domestic servants or videomégons (E/C.12/BEN/CO/2, paragraph 20). The Committee notes the Government’s indication that the study on the conformity of the social legislation of Benin with the ILO fundamental Conventions, which was conducted with the technical assistance of ILO/PAMODEC, proposes the adoption of an order to amend section 1 of Order No. 26/MFPTRA/DC/SGM/SRT of 4 April 1999 establishing the general conditions of employment of domestic workers in the Republic of Benin (Order No. 26 of 4 April 1999) and the addition of a clause to this provision to prohibit the employment of children of either sex under 18 years of age for domestic work. The Committee is deeply concerned at the scale of the phenomenon and the lack of regulations to ensure that child domestic workers under 18 years of age do not perform hazardous work, and expresses the firm hope that the order to amend Order No. 26 of 4 April 1999 so as to prohibit the employment of children of either sex under 18 years of age for domestic work, will be adopted in the very near future. It requests the Government to provide information on all new developments in this regard.

Article 4. Determination of hazardous work. With reference to its previous comments, the Committee notes the Government’s statement that the list of types of hazardous work is still in the process of being drawn up. The Committee expresses the hope that the list of types of hazardous work will be adopted as a matter of urgency. It requests the Government to provide information on all progress made in this regard and also on any consultations which have taken place with employers’ and workers’ organizations when determining these types of work.

Article 5. Monitoring mechanisms. Labour inspection and police units. With reference to its previous comments, the Committee notes the Government’s statement that labour inspection services and police units have insufficient staff, which causes problems for the implementation of the Convention. However, it notes the Government’s information to the effect that, in the context of reinforcing the actions of the labour inspectorate, a number of seminars have been organized, particularly a workshop to raise awareness and train labour inspectors with regard to child labour, which took place in August 2007; and a training workshop for magistrates and labour inspectors on fundamental principles and rights at work. The Committee strongly encourages the Government to continue its efforts to strengthen the labour inspection services. It requests the Government to supply information on the worst forms of child labour, particularly the sale and trafficking of children, to the police force.

Article 6. Programmes of action. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the information supplied by the Government to the effect that the National Plan of Action to combat the trafficking of children was adopted in 2008. The Committee requests the Government to send a copy of the National Plan of Action and also information on the programmes of action which will be implemented in the context of this plan to combat the trafficking of children in the country.

Article 7, paragraph 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. 1. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the information supplied by the Government on the programmes implemented in the context of the project on combating the trafficking of children for labour exploitation in West and Central Africa (LUTRENA) to enable child victims of trafficking who have been removed from this worst form of child labour to be rehabilitated or integrated in vocational training. Between 2002 and 2007 these programmes benefited more than 6,000 children. The Committee also duly notes the information from the Government to the effect that, between January and mid-July 2008, the Youth Protection Unit took charge of 183 children who were victims of trafficking and arranged initial care for them at their reception centre.

The Committee notes that Benin is participating in phase V of the LUTRENA project. According to ILO/IPEC information on this new phase, a total of 4,000 girls and boys will be targeted to prevent them becoming victims of trafficking or to remove them from this worst form of child labour, with 3,000 to be the recipients of measures to prevent and combat child labour and 1,000 to be withdrawn from trafficking flows. The 2,000 girls and 2,000 boys concerned will also receive educational services and/or training. The Committee strongly encourages the Government to continue its efforts and requests it to supply information on the effective time-bound measures taken, during the implementation of phase V of the LUTRENA project, to prevent children from becoming victims of trafficking or to remove them from this worst form of child labour. In this regard, the Committee requests the Government to indicate the number of children who have actually been prevented from becoming victims of trafficking or have been removed from this worst form of child labour in the country. Finally, it requests the Government to provide information on specific measures adopted for the rehabilitation and social reintegration of these children.

2. Access to free basic education. The Committee notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, Benin has a good chance of achieving the goal of universal primary education for all by 2015. Furthermore, Benin has increased its net primary school enrolment rate by more than 20 per cent, the 2005 figure being 78 per cent. The Government has also implemented a programme on education and child protection. However, the Committee notes that, according to this report, the country may not achieve the goal of gender parity in primary and secondary education, to the detriment of girls. In addition, the Committee notes that, according to statistics for 2006 from UNICEF, the primary school attendance rate is 47 per cent for girls and 60 per cent for boys and, at secondary level, 12 per cent for girls and 19 per cent for boys.

The Committee notes the information supplied by the Government in its report relating to Convention No. 138 on the measures it has taken to improve the education system. While noting the progress made with regard to school attendance, the Committee expresses its concern at the low school attendance rate, at both primary and secondary levels, and with regard to the gender disparity to the detriment of girls. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken under the programme on education and child protection to increase the school attendance rate, at both primary and secondary levels, and to reduce the gender disparity in access to education, giving particular attention to girls. The Committee requests the Government to send information on the results achieved.

Clause (d). Identification of children at special risk. 1. Talibé children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the Government’s second periodic report (CRC/C/BEN/CO/2, paragraphs 73 and 74) in October 2006, expressed its concern at the growing number of children who beg in the streets (talibés), particularly in urban areas, and who are also the victims of economic exploitation. The Committee notes the Government’s statement that it has implemented a programme of action to strengthen the capacity of a literacy centre in Djougou with a view to promoting alternative education for children who are apprentices or beggars and for Koranic teachers. The Committee requests the Government to supply information on the effective time-bound measures taken, in the context of the programme of action, to protect talibé children from economic exploitation. It requests the Government to provide information in this regard, indicating, in particular, the number of talibé children who will be taken off the streets and will benefit from rehabilitation and social integration measures.

2. Child victims of malaria and HIV/AIDS. In its previous comments, the Committee noted that, according to the 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. The Committee duly notes the Government’s statement that it has adopted a National Plan of Action (2006–19) to take care of orphans and children at risk and that the Ministry of Family Affairs has set up a programme to provide psychological and social care for such children. It also notes that, according to information contained in the 2008 Epidemiological Fact Sheet on HIV/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 notes the reduction in the number of child HIV/AIDS orphans between 2006 and 2008. It observes that HIV/AIDS has negative consequences for orphans, who are at greater risk of becoming involved in the worst forms of child labour. The Committee strongly encourages the Government to continue its efforts to protect children orphaned as a result of HIV/AIDS against the worst forms of child labour. In this regard, it requests the Government to supply information on the specific time-bound measures taken, under the implementation of the National Plan of Action to take care of orphans and children at risk and the programme to provide psychological and social care for orphans and children at risk, to prevent the engagement of such children in the worst forms of child labour.

Article 8. International cooperation and assistance. Regional cooperation in relation to the sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the information supplied by the Government to the effect that, in the context of the multilateral agreement signed in 2005, a number of measures have been taken. As a result of these measures, the Youth Protection Unit arrested nine persons, in January and February 2007, presumed responsible for the trafficking of children, and the Beninese police force, in conjunction with the Nigerian authorities, arrested five other presumed traffickers in March 2007. The 14 suspects are at present in prison in Benin pending the next stage of the judicial procedure. The Committee notes the Government’s information to the effect that it signed the multilateral cooperation agreement in Abuja in 2006 and also the cooperation agreement on criminal investigation matters between the ECOWAS States. The Committee strongly encourages the Government to continue its efforts and adopt measures to cooperate with the States who are signatories to the abovementioned multilateral cooperation agreements and thereby reinforce border security measures in order to detect and intercept child victims of trafficking and apprehend and arrest persons operating in child trafficking networks.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication that the National Institute of Statistics and Economic Analysis (INSAE), in collaboration with IPEC/SIMPOC, carried out a survey in March 2007 on child labour in more than 12,000 households in the country. It also notes that studies on videomégons children and on trafficking were undertaken in 2007. The results of these studies are not yet available. The Committee expresses the hope that these studies will be validated in the near future and requests the Government to supply a copy of the studies once they are adopted.

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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.

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The Committee notes the Government’s first and second reports and requests it to provide information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that in 1996 the Government adopted a population policy declaration covering a period of 15 years, the objectives of which include achieving a far-reaching and lasting solution to the problems of vocational training and employment, creating the conditions for the optimum development of the potential of young persons, mobilizing the population around the country’s socio-economic and demographic problems and reducing the proportion of the population living under the poverty line to 15 per cent by 2015 (it was 30 per cent in 2000). Following this declaration, the Government formulated a programme of action for the period 2001-06 covering the strengthening of institutional capacities, the promotion of lasting employment and the improvement of access to basic education. The Committee also notes that the economic situation of Benin is improving with, for example, an average annual economic growth rate of 5.2 per cent between 1997 and 2001. The Committee further notes that a National Commission for Development and to Combat Poverty was established in November 2000. This Commission is responsible for mobilizing the social and institutional partners for the preparation and implementation of poverty reduction programmes and for preparing and submitting to the Government a report on the implementation of poverty reduction measures. As the country’s poverty contributes to the development of the worst forms of child labour, the Committee encourages the Government to pursue its efforts in this connection. The Committee requests the Government to provide information on the impact of the poverty reduction strategy in Benin and to provide copies of the reports drawn up by the National Commission for Development and to Combat Poverty.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. The sale and trafficking of children. The Committee notes the absence of information in the Government’s report on the legal provisions prohibiting and penalizing the sale and trafficking of children. The Committee notes that no young person under 18 years of age may leave the national territory without being in possession of a special authorization issued by the sous-préfet, in accordance with section 1 of Act No. 61-20 of 5 July 1961 respecting the transfer of young persons under the age of 18 outside the national territory. The Committee notes that the Government indicated to the Committee on the Rights of the Child that, in view of the many cases of child victims of trafficking, Decree No. 95-191 of 24 June 1995 was adopted to establish the procedures for the issue of administrative authorizations to leave the national territory for persons under the age of 18 years. The written application for authorization to leave the country has to be submitted by the parents (or legal representative of the child) to the sous-préfet, with a reasoned supporting opinion from the head of the village, the mayor of the commune and the competent social assistant on each occasion that the young person leaves the national territory (section 3 of the Decree). The application has to indicate the reason for the trip, the identity of the person accompanying the child and the person who will have definitive responsibility for looking after the young person at the destination. An administrative inquiry must then be carried out by the prefect on the veracity of the parents’ consent and of the reasons given for the trip and the moral status of the applicant and the person accompanying the child (section 4 of the Decree). Any unconsidered acts by a sous-préfet in issuing the authorization, any false statements and the submission of any false documents makes those responsible liable to prosecution (section 9). The Committee requests the Government to indicate the number of authorizations to leave the territory granted each year and the reasons given.

The Committee notes that section 5 of Act No. 61-20 provides that any person who, for profit or for whatever reason, has deprived or attempted to deprive a young person under 18 years of age of their freedom, is guilty of an offence for which the penalty shall vary depending on whether the young person was abducted, deceived, deviated or removed without the consent of the persons responsible for the young person and whether the young person was handed over to the trafficker by the responsible persons. Section 354 of the Penal Code (as amended by Ordinance No. 73-37 of 13 April 1973) provides that any person who has concluded an agreement in Benin intended to deny the freedom of another person is guilty of an offence. The same applies to any person who brings into or endeavours to bring to Benin any persons intended to be covered by the agreement, or to remove or endeavour to remove persons from Benin with a view to the conclusion of such an agreement abroad (section 354A of the Penal Code). The Committee requests the Government to provide information on the effect given to these provisions in practice.

The Committee also notes that Benin is participating in a subregional programme to combat trafficking in children in West and Central Africa (LUTRENA). This three-year programme commenced in July 2001 with the collaboration of ILO/IPEC and covers Benin, Burkina Faso, Cameroon, Togo, Côte d’Ivoire, Gabon, Ghana, Nigeria and Mali. It is intended to prevent and eliminate trafficking in children for the exploitation of their labour. According to the ILO/IPEC activities report of September 2003 concerning the LUTRENA programme, discussions are being held within the Ministry of Justice with a view to adopting a law specifically addressing the trafficking of children for labour purposes. The Committee recalls that, under Article 3 of the Convention, the sale and trafficking of children constitute one of the worst forms of child labour and that, under Article 1, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to pursue its efforts and hopes that a law prohibiting and penalizing the sale and trafficking of children under 18 years of age will be adopted in the very near future so as to bring the national legislation into conformity with the Convention.

Clause (b). The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this matter. However, it notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/3/Add.52, paragraph 223), procuring is punishable under sections 330 et seq. of the Penal Code. Penalties are greater if the offence concerns a minor. The Government adds that prostitution by minors exists, but is not penalized, and that it affects young persons between the ages of 16 and 18 years. It adds that parents who encourage their children to prostitute themselves are severely punished by the competent authorities. The Committee notes that the Penal Code does not appear to prohibit the use of a child for prostitution, nor the use, procuring or offering of a child for the production of pornography or for pornographic performances. It therefore requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use of a child for the purposes of prostitution and the use, procuring or offering of a child for the production of pornography or for pornographic performances. Furthermore, the Committee requests the Government to provide it with a copy of the Penal Code.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on this subject. The Committee notes that section 3(d) of Act No. 87-009 of 21 September 1987 penalizes the illegal import, production, manufacture, transformation or export of toxic substances or plants classified by regulation as narcotics. The Committee notes that the legislation respecting the illicit trafficking of narcotics does not contain specific measures respecting the use, procuring or offering of a young person under 18 years of age for illicit activities. The Committee observes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.106, 24 August 1999, paragraph 31), recommended the State to take all appropriate measures, including legislative measures, to prevent the use of children in the illicit production and trafficking of such substances. The Committee recalls that, under Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities constitutes one of the worst forms of child labour. The Committee requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes that section 1 of Presidential Decree No. 61-323 of 21 October 1961 provides for the establishment of a National Narcotics Bureau of the Republic of Dahomey, one of the functions of which is to organize measures to combat drug addiction by taking all the necessary measures to prevent its development and to combat illicit trafficking. The Committee requests the Government to indicate whether the National Narcotics Bureau pays particular attention to the use, procuring or offering of children for the production and trafficking of drugs.

Clause (d). Hazardous work. 1. Self-employed workers. The Committee notes that Order No. 132, of November 2000 determines the hazardous types of work which may not be performed by young workers under 18  years of age. However, the Committee notes that this Order only applies to work carried out in enterprises covered by the Labour Code (section 1). It also notes that, under the terms of section 1, the Labour Code applies to any person who has undertaken to place their occupational activity, in return for remuneration, under the supervision and authority of an individual or a public or private association. The Committee therefore requests 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.

2. Work on board ships. The Committee notes that work carried out by young persons on board ships is excluded from the scope of the Labour Code by section 2 of the Code and by section 1 of Order No. 132 of November 2000 determining the nature of the work and the categories of enterprises that are prohibited for young persons. The Committee notes that Act No. 98-015 issuing the general conditions of service of seafarers, of 12 May 1998, does not contain specific provisions respecting young workers under 18 years of age. The Committee requests the Government to provide information on the provisions which ensure that young persons under 18 years of age engaged on board vessels do not carry out work which is likely to harm their health, safety or morals.

3. "Vidomégons" children. The Committee notes the Government’s statement, in its report to the Committee on the Rights of the Child (CRC/C/3/Add.52, 4 July 1997, paragraphs 216-219), that 100,000 child domestic workers who do not attend school and are from rural areas are placed in families to do domestic work. According to this report (paragraph 219), around 65 per cent of the households in Cotonou and Porto-Novo employ one of these children, known as "vidomégons". The Government adds that around 52 per cent of these "vidomégons" only carry out domestic tasks. However, certain "vidomégons" are engaged in profit-earning sedentary (25 per cent) or ambulant (10 per cent) tasks in addition to domestic work. The representative of Benin to the Committee on the Rights of the Child (CRC/C/SR.544, 3 November 1999, paragraph 34), explained that child "vidomégons" were 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 and psychological violence. The Committee notes that Order No. 26 of 14 April 1998 determining the general conditions of employment of domestic employees does not contain specific provisions respecting persons under 18 years of age. The Order of 14 April 1998 only covers the situation of employees engaged in the service of individuals and performing domestic work permanently and continuously. Intermittent workers, engaged for a short duration not exceeding 20 hours a week, are not covered by the Order of 14 April 1998 and are only subject to the stipulations of the parties (section 1 of the Order). The Committee notes that, according to the information provided by the Government representative to the Committee on the Rights of the Child (CRC/C/SR.545, 1 June 1999, paragraph 38), two regional seminars were organized to discuss the recruitment of young girls as maids. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.106, 24 August 1999, paragraph 30), expressed concern at the situation of child "vidomégons". The Committee requests the Government to indicate the measures adopted or envisaged to ensure that child domestic workers under 18 years of age, including "vidomégons", do not carry out work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. 1. Work likely to harm the morals of children. The Committee notes that Inter-ministerial Order No. 132 of November 2000, issued under section 168 of the Labour Code, determines the nature of the work and the categories of enterprises prohibited for young persons and the age limit up to which this prohibition applies. The Committee notes that, under section 3 of Order No. 132, the head of the establishment or enterprise is under the obligation to ensure that the work entrusted to a young worker is commensurate with her or his strength. It also notes that only certain activities are specifically prohibited for persons under 18 years of age. The Committee notes that the list of types of hazardous work does not contain any reference to work that is likely to harm the morals of children. The only protection measure is contained in section 2 of the Order, which provides that heads of establishments or enterprises in which young workers under 18 years of age are employed are under the particular obligation to maintain moral standards and the observance of public decency. The Committee notes that this is a general protection measure, but not a prohibition of the employment of young persons under 18 years of age in work that is likely to harm their morals. The Committee reminds the Government that, under Article 4 of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this connection, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which contains a list of hazardous types of work to which consideration should be given; these include work which exposes children to physical, psychological or sexual abuse. The Committee therefore requests the Government to indicate the measures adopted or envisaged to prevent young persons under 18 years of age from being engaged in work that is likely to harm their morals.

2. Night work. The Committee notes that, under section 153 of the Labour Code, night work (that is, between 9 p.m. and 5 a.m., under section 154 of the Labour Code) is prohibited for young workers under 18 years of age. Derogations can however be granted by decree of the Council of Ministers, after an opinion by the National Labour Council. The Committee requests the Government to indicate whether a decree authorizing night work by children has been issued under section 153 of the Labour Code.

Article 4, paragraph 2. Identifying hazardous work. The Committee notes that the Government’s report does not provide any information on this subject. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where types of hazardous work exist. The Committee requests the Government to indicate the measures adopted or envisaged to identify where types of work determined as being hazardous exist, after consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodical examination and revision of the list determining types of hazardous work. The Committee notes the Government’s indication in its report that Ministerial Order No. 132 of 2000 establishing the nature of the work and the categories of enterprises prohibited for young persons has not yet been revised. The Committee observes that the Order does not contain any provision relating to the periodical examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of hazardous work determined in accordance with paragraph 1. It recalls that Article 4, paragraph 3, of the Convention provides that the list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 4, paragraph 3, of the Convention.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Brigade for the Protection of Young Persons. The Committee notes that, according to the statements by the Government representative to the Committee on the Rights of the Child (CRC/C/SR.545, 1 June 1999, paragraph 34), the Brigade for the Protection of Young Persons was established in 1999. It notes that this Brigade is composed of a police superintendent and three inspectors. According to the document attached to the Government’s report, a study by this Brigade has shown that trafficking of children in Benin is on the increase. According to the Brigade, 1,353 children, of which 1,117 were girls, were intercepted at the border between 1995 and 1998. The Committee requests the Government to continue providing information on the work of the Brigade for the Protection of Young Persons in relation to combating the worst forms of child labour.

2. Labour inspection. The Committee notes that, under section 274 of the Labour Code, labour inspectors may carry out any examination or inquiry which they consider necessary to satisfy themselves that the legal provisions are being strictly observed. They can enter freely and without previous notice, at any hour of the day or night, any workplace liable to inspection by the competent labour services. They may also interrogate the employer or the staff and require the production of any documents the keeping of which is prescribed by law. The Committee also notes that, under section 169 of the Labour Code and section 25 of Order No. 132 of 2000 determining the nature of the work and categories of enterprises prohibited for young persons, labour inspectors may require the examination of young persons by an approved doctor with a view to ascertaining that the work in which they are engaged does not exceed their strength. The Committee also notes that, under section 266 of the Labour Code, the labour administration has to prepare and publish an annual report on the activities of the inspection services under its control. Furthermore, the Committee notes that, according to the activities report of the national IPEC-Benin project, of July 2003, the labour inspectorate encounters many difficulties in intervening in the informal economy, in which child labour is essentially concentrated, in view of its shortage of human and material resources. The Committee requests the Government to indicate whether the annual labour inspection reports contain information relating to the worst forms of child labour and, if so, to provide copies. It also requests the Government to indicate the measures adopted or envisaged to strengthen the activities of labour inspectors, particularly in the informal economy.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes with interest that the Government signed a Memorandum of Understanding with the ILO in October 1997 to combat child labour. The objective of the project, which commenced in November 1999 and is due to be completed in December 2004, is to contribute to the abolition of child labour in Benin by focusing firstly on action relating to the worst forms of child labour. The Committee also notes that a network of journalists against the trafficking and ill-treatment of children (RETRAME-Benin) was created in September 2003 in the framework of the subregional programme to combat the trafficking of children in West and Central Africa (LUTRENA). This programme covers Benin, Burkina Faso, Cameroon, Togo, Côte d’Ivoire, Gabon, Ghana and Mali. In light of the persistence of the trafficking of children, despite the various activities undertaken by international institutions, non-governmental organizations and the Government, LUTRENA-Benin organized training events for journalists with a view to improving public awareness concerning the child victims of trafficking. The Committee requests the Government to provide information on the implementation of these programmes of action and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s reference in its report to sections 299 and 303 of the Labour Code. The Committee notes that, under section 299 of the Labour Code, any person who prevents a labour inspector from ordering the examination of young workers by an approved doctor with a view to ascertaining that the work in which they are engaged does not exceed their strength is liable to a fine of from 7,000 to 35,000 francs. The same penalty is incurred by any person who maintains a young worker in a job acknowledged to be beyond her or his strength by the labour inspector (section 169(2) of the Labour Code). It also notes that, under section 301 of the Labour Code, any person who violates the provisions of the Order determining the nature and categories of enterprises prohibited for young persons, shall be liable to a fine of from 14,000 to 70,000 francs and/or a sentence of imprisonment of from two weeks to two months. The same penalty is envisaged in section 302 of the Labour Code for violations of the provisions of section 153 of the Labour Code prohibiting night work by young workers under 18 years of age. The Committee notes that, under section 354 of the Labour Code, any person who has concluded an agreement in Benin with the objective of denying the freedom of a third person shall be liable to the death penalty. The same penalty shall be imposed for bring or attempting to bring individuals to Benin under the above agreement, or to remove or attempt to remove individuals from Benin with a view to concluding such an agreement abroad (section 354A of the Penal Code). It further observes that any person violating the provisions of section 3 of the Labour Code respecting the prohibition of forced labour is liable to a fine of between 140,000 and 350,000 francs and imprisonment of from two months to one year, or to one of these penalties (section 303 of the Labour Code). It also notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/3/Add.52, paragraph 223), the penalties envisaged in sections 330 et seq. of the Penal Code are greater where the offence of procuring is committed against a minor. The Committee requests the Government to provide information on the application of these penalties in practice, including the sentences of imprisonment imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, under article 13 of the Constitution, primary education is compulsory and the State progressively provides for public education to be free of charge. The Committee notes that, in the context of the poverty reduction programme in Benin, the Government is planning during the period 2003-05 that: (a) the gross school attendance rate should rise from 84 to 91 per cent; (b) the proportion of children repeating the same school year should fall from 17 to 13 per cent; and (c) the ratio of children to teachers should fall from 53 to 52. The Committee also notes that the Government will continue to subsidize registration in primary public schools free of charge, promote school attendance by girls and continue to support communities for the registration and maintenance of children at school. It will also continue increasing the recruitment of teachers. The Committee encourages the Government to continue its efforts with a view to ensuring the access of all children to free primary education. It requests the Government to continue providing information on the measures adopted for this purpose and their impact on the school attendance rate.

Clause (b) Assistance for the removal of children from the worst forms of child labour. The Committee takes due note of the Government’s indications that state mechanisms (the Ministry of the Public Service, Labour and Administrative Reform (MFPTRA), the Ministry of the Family and Social Protection and Solidarity (MFPSS), the Ministry of the Interior, Security and Decentralization (MISD)) work closely with non-governmental organizations (NGOs), which are very active in the field in identifying and locating the worst forms of child labour, removing children from these forms of work and providing for their social integration. The Government adds that, in this context, the State provides financial support to NGOs involved in actions for the withdrawal and reintegration of child workers. The Committee further notes that the State itself has a number of shelters for exploited child workers, including the Child Protection Centre in Aglangandan. The Committee notes with interest the implementation of various programmes of action in the context of cooperation with ILO/IPEC with a view to withdrawing child workers from sites for the breaking of granite in Bétérou and market gardens and their placement in centres with vocational options in Cotonou. Another programme covers the removal of children from begging and support for the improvement of their educational conditions in Donga.

Clause (c). Access to free basic education. Vocational training. The Committee notes that, according to the activities report of the ILO/IPEC programme for the abolition of child labour in Benin, a programme of action was established in 1999 on the apprenticeship of young persons in the enterprise staff training centre. It also notes that, during the first half of 2003, agreements were concluded for the implementation of practical activities. The first relates to the establishment of an information, training and vocational guidance centre for child domestic workers. A second agreement has the objective of establishing alternative education for child apprentices and the establishment of a listening and socio-vocational guidance post in Abomey Calavides. Another agreement was concluded with the Social Action Association for the Survival and Development of Children relating to socio-vocational reintegration. The Committee encourages the Government to pursue its efforts and requests it to provide information on the impact of these programmes.

Clause (d). Children at special risk. 1. Children working in agriculture. The Committee notes that various programmes of action have been established in the context of the cooperation with IPEC to identify and reach out to children at special risk. These include: (a) a plan of action for the protection of children using pesticides in agriculture in Banikoara; (b) a plan of action to ascertain the impact of the use of pesticides on the health of children working in cotton fields in Aplahoué in Mono; (c) a plan of action to assess the conditions of work and state of health of child metalworkers in Cotonou; and (d) a programme to abolish the use of pesticides by children in cotton fields through the production of a documentary on child rural workers. The Committee requests the Government to provide information on the impact of these programmes.

2. Child "talibes". The Committee notes that the Government representative informed the Committee on the Rights of the Child (CRC/C/SR.545, 1 June 1999, paragraph 38) that begging was against the law in Benin. However, he explained that there were many child beggars in Benin and that children from neighbouring countries came to Benin to beg. The Committee notes that, according to the Government, this phenomenon has cultural and religious origins. The Government indicates that the Islamic population is growing in the country and that children (talibes) enrolled in Koranic schools beg on behalf of their teachers. These children are placed with a master so as to receive a Koranic education. The Committee also notes that, according to the report entitled "National study to identify obstacles to the effective implementation of fundamental labour principles and rights" of August 2001, child talibes work in the major cities and areas in the north of Benin. The report indicates that child talibes, who all either do not attend school or have been removed from school, and are of an average age of between 10 and 12 years, are forced to work in fields, as porters and in other economic activities to pay for their food; 72 per cent of them show constant signs of fatigue. The Committee notes that the Government requested teachers in Koranic schools to cease the practice of asking their pupils to beg. Beggars were also sent home, but they often returned. The Committee requests the Government to provide a copy of the legal provisions prohibiting begging. It encourages the Government to establish a time-bound programme to ensure that child talibes under 18 years of age benefit from the protection afforded by the Convention.

3. Child victims of malaria and HIV/AIDS. The Committee notes that there are a significant number of deaths due to malaria and that HIV/AIDS is having disastrous economic and social consequences in Benin. The incidence rate of HIV/AIDS (4.1 per cent in 2001), without being truly alarming at the national level, is a cause for concern in certain departments (14 per cent) and due to the speed of its propagation in Benin. The Government has therefore made the prevention and treatment of these two diseases a national priority. It has established strategies and priority actions for the period 2000-05. The Committee notes that the malaria and AIDS epidemics have consequences on orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures adopted to improve the situation of these children.

Clause (e). Special situation of girls. The Committee notes the Government’s indications that it has undertaken major awareness campaigns against the worst forms of child labour in general and those affecting girls in particular. The Committee further notes that the State has decreed that compulsory primary education for girls is free. It notes that a programme of action to reach out to, guide and train girls and young girls in difficulty has been established. It also notes that the Brigade for the Protection of Young Persons has intercepted 1,350 child victims of trafficking, of whom 85 per cent were girls, with the latter benefiting from social integration measures. The Committee requests the Government to provide information on the impact of these measures on the elimination of the worst forms of child labour for girls.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indications that the authorities responsible for the implementation of the provisions giving effect to the Convention are: the Minister of the Public Service, Labour and Administrative Reform; the Minister of the Family, Social Protection and Solidarity (MFPSS); the Minister of Public Health (MSP); the Minister for Primary and Secondary Education (MEPS); the Minister for Technical Education and Vocational Training (METEP); and the Minister of Justice, Legislation and Human Rights. The Committee requests the Government to indicate the manner in which the coordination and coherence of the action undertaken by these various authorities is ensured.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Benin ratified the African Charter on Human and People’s Rights in 1986 and the African Charter on the Rights and Welfare of the Child in 1997. Benin has been party to the Convention on the Rights of the Child since 1990 and signed the optional protocols in 2001. It also signed the United Nations Convention against Transnational Organized Crime (the Palermo Convention) and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Furthermore, the Committee notes the Government’s indications that Benin and other West African countries (such as Côte d’Ivoire, Nigeria and Togo) have concluded bilateral and multilateral agreements to combat the transboundary trafficking of children for the purpose of their exploitation. The Committee requests the Government to provide copies of these bilateral agreements and to indicate their status or legal nature, and particularly their binding force.

Part III of the report form. The Committee notes the Government’s indication in its report that the Assize Court handed down a ruling on 10 August 1998 concerning the removal and sale of a young person of 14 years of age to a Nigerian national. The authors and accomplices of the crime were sentenced to forced labour in perpetuity. The Government also refers to the Zacharie Codjo Ganse case of 11 July 2002 relating to the abduction and attempted murder of an apprentice aged 13 years. The aggressors were sentenced to forced labour. The Committee requests the Government to provide copies of the above rulings. It encourages the Government to continue providing information on any rulings by courts of law concerning the implementation of the provisions giving effect to the Convention.

Part IV. The Committee notes the Government’s indications that it endeavours to ensure the proper application of the Convention. It adds that the strengthening of the capacities of public structures (the training of officials, the provision of material resources) involved in combating the worst forms of child labour in partnership with international organizations remains a concern of the Government. The Committee also notes the Government’s reference to a study entitled: "National study to identify obstacles to the effective implementation of fundamental labour principles and rights in Benin", undertaken by the International Labour Organization in August 2001. This study identifies problems in the country relating to the exploitation of children and proposes action to be taken. The Committee notes that certain of these recommendations have given rise to the adoption of practical measures. For example, action has been taken to raise public awareness of the problem of the worst forms of child labour through the media, public measures have been strengthened to facilitate the access of girls to school and programmes established to respond to the demand for education by child workers. The Committee encourages the Government to pursue its efforts and to take all the measures outlined in the "National study to identify obstacles to the effective implementation of fundamental labour principles and rights in Benin".

Part V. The Committee notes the Government’s reference in its report to a study which reproduces data drawn from the UNICEF report of December 1999 of surveys of child workers in the cities of Cotonou, Porto-Novo and Parakou. This study contains information on the number of children working in Benin, the accidents suffered by apprentices and their frequency and the numbers of children in the major occupations. The Committee notes that these data do not directly concern the worst forms of child labour. The Committee therefore requests the Government to provide copies or extracts from labour inspection reports, and any other information, including statistics, on the nature, extent and trends of the worst forms of child labour, as well as on the number and nature of the infringements reported, investigations, prosecutions, convictions and the penalties imposed.