Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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.