Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted a number of measures taken by the Government to combat trafficking in persons, including the establishment of an ad-hoc inter-ministerial committee to coordinate anti-trafficking efforts and the adoption of the Children’s Code (Act No. 2015-08 of 8 December 2015) that contains provisions relating to the sale and trafficking of children. The Committee requested the Government to intensify its efforts in this regard and to take the necessary steps to adopt appropriate legislative provisions criminalizing the trafficking of adults and to strengthen its institutional framework to provide adequate protection to victims.

The Committee notes the Government’s indication in its report that the bill to combat trafficking in persons is currently under review by the Supreme Court, after which it can be sent to the National Assembly for adoption. The Committee also notes that the new Criminal Code (Act No. 2018-16 of December 28, 2018) contains provisions covering all forms of trafficking. In particular, sections 499-501 of the Criminal Code prohibit trafficking in persons for the purpose of labour and commercial sexual exploitation and provide for a penalty of ten to twenty years’ imprisonment. The Government further indicates that a number of measures have been adopted to strengthen the institutional framework for combating trafficking in persons, which include the elaboration of a 2021-2025 Action Plan to Combat Trafficking in Persons in Benin; the establishment of special police units in risk areas; trainings for law enforcement bodies; strengthening airport controls for the identification of adult victims of trafficking travelling abroad as well as the cooperation with neighboring countries against transnational trafficking in persons. The Government further indicates that the statistical information on the court proceedings initiated with respect to the trafficking in persons cases and penalties imposed is currently being collected. The Committee welcomes the measures taken by the Government to strengthen the legislative and institutional framework to combat trafficking in persons, both for labour and sexual exploitation, and encourages the Government to continue its efforts in this regard. The Committee hopes that the bill to combat trafficking in persons will be adopted in the near future and that it will provide the adequate framework for planning, coordinating and strengthening the measures needed to prevent trafficking in persons, protect the victims and punish the perpetrators. The Committee further requests the Government to provide information on the adoption and the implementation of the 2021-2025 Action Plan to Combat Trafficking in Persons in Benin, including the specific measures taken and results achieved to prevent and combat trafficking in persons and to provide protection and assistance to victims. Lastly, it requests the Government to supply data on the application of sections 499-501 of the Criminal Code in practice, particularly information on the investigations carried out in relation of suspected cases of trafficking in persons, both for labour and sexual exploitation, the prosecutions initiated as well as the convictions and penalties imposed.

Article 2(2)(a). Work of a purely military character performed in virtue of compulsory military service laws. For many years, the Committee has been drawing the Government’s attention to the need to amend the legal texts regulating compulsory military service with a view to restricting the scope of work exacted from conscripts to work or service of a purely military nature, in accordance with Article 2(2)(a) of the Convention. The Committee particularly noted that conscripts to military service in the national interest may be assigned to socio-economic work under the following provisions of the Act No. 63-5 of 26 June 1963 concerning recruitment in the Republic of Benin; the Act No. 2007-27 of 23 October 2007 establishing military service in the national interest; and the Decree No. 2007-486 of 31 October 2007 establishing general conditions for the organization and performance of military service in the national interest:

– according to section 35 of Act No. 63-5, the purpose of active military service is also to further the training of conscripts and employ them, inter alia, in specialized land army units to participate in the work of national construction;
– according to sections 2 and 5 of Act No. 2007-27, the purpose of military service in the national interest is the mobilization of citizens so that they might participate in work for the development of the country; conscripts may then be assigned to administrative units, production units, institutions and bodies with a view to participating in the performance of relevant work in the national interest which is of a social or economic nature;
– according to section 18 of Decree No. 2007-486, conscripts are engaged in socio-economic development work for nine months, after completing two months of military, civic and moral training.

While noting that it was no longer applied in practice, the Committee also requested the Government to formally repeal Act No. 83-007 of 17 May 1983 governing civic, patriotic, ideological and military service which is contrary to Article 2(2)(a) of the Convention since it provides that persons subject to this civic and military service may be assigned to a production unit in accordance with their occupational skills and may be compelled to perform work which is not of a purely military nature.

In its reply, the Government indicates that it has taken note of the Committee’s comments concerning the need to amend the above-mentioned legislative provisions and that this issue will be considered by the Ministry of National Defence. Recalling that the Government previously indicated that military service in the national interest had been suspended since 2010, the Committee firmly hopes that the Government will take the necessary measures to amend the aforementioned provisions of Act No. 63-5, Act No. 2007-27 and Decree No. 2007-486 so that any activity that could be imposed in the context of military service is restricted to work of a purely military nature. The Committee requests the Government to provide information on any progress made in this respect as well as on the measures taken to formally abrogate Act No. 83-007 governing civic, patriotic ideological and military service.

Article 2(2)(c). Sentences of community work. The Committee observes that sections 36, and 44 to46 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of community work which consists in an obligation to perform work during a period up to eighteen months. The Committee further observes that, according to section 58 of the Criminal Code, the nature and the modalities for the performance of community work shall be determined by a ministerial decree. The Committee requests the Government to indicate whether the ministerial decree has been adopted pursuant to section 58 of the Criminal Code and to submit a copy of it. Please also indicate if the courts have handed down sentences of community work.

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Legislation concerning the dissemination of false information. In its previous comments, the Committee requested the Government to provide information on the application of section 266 of the Act No. 2015-07 concerning the Code of Information and Communication in the Republic of Benin of 22 January 2015, which provides for a penalty of six months to three years’ imprisonment and/or a fine for the publication, distribution and reproduction by any means of false news, fabricated, falsified or deceptive materials attributed to a third person, which is done in bad faith and disturbs the public peace. The Committee further noted that persons convicted to imprisonment may be under the obligation to perform social rehabilitation work, pursuant to section 67 of Decree No. 73 293 of 15 September 1973 issuing prison regulations.

In its report, the Government indicates that, although by law convicted persons under section 266 of the Code of Information and Communication may be required to work, in practice, they work on a voluntary basis. In relation to judicial decisions, the Government refers to the case of an investigative journalist condemned to 12 months’ imprisonment for “harassment of a person through electronic communications” under section 550 of the Act No. 2017-20 of April 20, 2018 on the Digital Code of the Republic of Benin. In this respect, the Committee notes that section 550(3) of the Digital Code punishes with one to six months’ imprisonment (involving compulsory labour) and a fine the dissemination of false information about a person on social networks or through any other electronic medium. The Committee further notes that, in its Opinion No. 46/2020, the United Nations Working Group on Arbitrary Detention found that this journalist had been arbitrarily detained as a result of the peaceful exercise of his right to freedom of expression. The Working Group also considered that the provisions of section 550 of the Digital Code of 2018 seem to lack clarity and may be used to punish the peaceful exercise of human rights (A/HRC/WGAD/2020/46, paragraphs 53–54). The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee has observed in this connection that the protection afforded by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence (paragraphs 302-303 of the 2012 General Survey on the fundamental Conventions). The Committee therefore requests the Government to take the necessary measures to ensure that section 550 of the Digital Code, and, in particular, its subsection 3, is not used to prosecute or condemn persons who peacefully express political views or views opposed to the established political, social or economic system, for example, by removing the penalty of imprisonment involving compulsory labour. The Committee further requests the Government to continue to provide information on the application of section 550 of the Digital Code and section 266 of the Code of Information and Communication in practice, including the facts pursuant to which any prosecution or court decision was handed down based on these provisions, and the penalties imposed.

2. Legislation on public gatherings. The Committee observes that section 237 of the new Criminal Code (Act No. 2018-16 of 28 December 2018), in conjunction with its section 240, provides for a penalty of two months to one year’s imprisonment (involving compulsory labour) for delivering public speeches or preparation and distribution of written materials during unarmed gatherings, which can disturb the public peace. In this regard, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2020, expressed concern about the recent legislative amendments, including the provisions on gatherings in the Criminal Code, which may deter human rights defenders from carrying out their work and restrict their freedom to act (E/C.12/BEN/CO/3, paragraph 9). The Committee requests the Government to provide detailed information on the manner in which the prosecution authorities and courts apply section 237 of the Criminal Code, in conjunction with its section 240, to enable the Committee to assess the scope of these provisions. The Committee requests, in particular, information on the facts pursuant to which any prosecution was initiated or court decision was handed down based on these provisions, as well as the nature of the penalties imposed.

Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of such types of work. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Decree No. 2011-029 issuing the list of hazardous types of work prohibited for young persons under 18 years of age, including statistics on the number and nature of violations reported and penalties imposed.

The Committee notes the Government’s indication in its report that statistical data on the number and nature of violations reported and penalties imposed will be available in the database “Integrated System for the Collection and Publication of Labour Statistics”. The Government further indicates one case of imprisonment of three months for the economic exploitation of a child in 2017. The Committee also observes from the 2018 Demographic and Health Survey of the National Institute of Statistics and Economic Analysis that 23 per cent of surveyed children aged 5-17 years were engaged in hazardous work. The Committee further notes that the Committee on the Rights of the Child , in its concluding observations of 2018 on the Optional Protocol on the sale of children, child prostitution and child pornography, expressed concern about the exploitation of children in situations of hazardous labour, especially in the domestic service and agricultural sectors, and recommended to enforce the prohibition of the types of work considered to be hazardous for children under Decree No. 2011-029 (CRC/C/OPSC/BEN/CO/1, paragraphs 20, d) and 21, d)). The Committee strongly requests the Government to ensure the effective implementation of the Decree No. 2011-029 issuing the list of hazardous types of work prohibited for young persons under 18 years of age. The Committee reiterates its requests to the Government to provide information on the application in practice of Decree No. 2011-029, particularly statistics on the number and nature of violations reported and penalties imposed for the engagement of children under 18 years of age to hazardous work.

Article 2(1) and (3) of the Convention. Minimum age for admission to employment or work and age of completion of compulsory schooling. Further to its previous request to indicate clearly the age of completion of compulsory schooling, the Committee notes the Government’s indication in its report that, according to section 13 of the Act No. 90-32 establishing the Constitution of the Republic of Benin of 11 December 1990, primary education shall be compulsory. The Government further indicates that, pursuant to section 113 of the Act No. 2015-08 issuing the Children’s Code in Benin of 2015, schooling is compulsory from nursery level to the end of primary school. The Government points out that the duration of education at primary school lasts until the age of 14 years, which is the minimum age for admission to employment, according to section 166 of the Labour Code of 1998.

The Committee, however, observes that, pursuant to section 24 of the Act on the Orientation of National Education No. 2003-17 of 2003, the usual duration of primary education is six years and it begins for children approximately at the age of four and a half years. Furthermore, the Committee also previously referred to the 2014 Multiple Indicator Cluster Survey (MICS) indicating that, in principle, children attend secondary school from the age of 12 years. The Committee therefore observes that in Benin, the age of completion of compulsory education is lower than the minimum age for admission to employment or work. In this respect, in its 2012 General Survey on fundamental conventions, paragraph 371, the Committee observed that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children. The Committee further notes that, according to the data of the United Nations Children’s Fund (UNICEF), in Benin, completion rates for children of primary school age was 48 per cent in 2018. The Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 2020, expressed concern that many pupils drop out before having completed their primary schooling and about the high level of inequality in primary school completion between boys and girls (63.51 per cent and 56.85 per cent) (E/C.12/BEN/CO/3, paragraph 45). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment, attendance and completion rates for children under 14 years, paying special attention to girls. The Committee also strongly encourages the Government to consider raising the age of completion of compulsory education to coincide with that of the minimum age for admission to employment or work.

Articles 6 and 9(1). Apprenticeships and penalties. In its previous comments, the Committee noted the cases recorded by the Departmental Service for Further Training and Apprenticeships of non-compliance with the minimum age required for apprenticeships. The Committee also noted the reluctance of artisanal employers to provide the information requested by the inspection teams and that these teams rarely managed to meet the employers in order to raise their awareness. In this respect, the Government indicated that it was taking action to ensure that effective penalties constituting an adequate deterrent were imposed in practice on artisanal employers who admitted children under 14 years of age to apprenticeship centres.

The Committee notes the Government’s indication that labour inspectors have identified cases of non-compliance with the minimum age for admission of children to an apprenticeship, non-endorsement of apprenticeship contracts by labour inspectors, use of apprentices in tasks that do not fall within their training, and use of corporal punishment by artisanal employers. The Committee also observes that, according to the 2020 report on labour statistics of the Ministry of Labour and Public Service, in 2020, most of the children (87.44 per cent) identified in child labour by labour inspectors were apprentices. The Government further indicates that penalties established for the violation of the national legislation on employment of children are not dissuasive enough and that it will be taken into account during the review of the Labour Code of 1998. The Government, however, indicates that the situation with a high proportion of children under 14 years of age in apprenticeship has changed due to the active involvement of the Ministry of Labour and Public Service and the UNICEF. In particular, the Committee welcomes the measures undertaken in 2019-2020 to eliminate child labour in the apprenticeship sector, such as the creation and operationalization of departmental services to combat child labour as well as the undertaking of various awareness-raising campaigns and trainings on child protection at work for artisanal employers. The Government points out that as a result of the undertaken measures, the number of children under 14 years of age in apprenticeships has decreased. The Committee requests the Government to continue its efforts to ensure that children under 14 years of age are not admitted to an apprenticeship in practice. It further requests the Government to ensure that effective penalties constituting an adequate deterrent are applied for violations of the provisions regarding the minimum age of 14 years for admission to an apprenticeship. Lastly, the Committee requests the Government to continue to provide information on the number and nature of violations reported and penalties imposed in this respect.

Article 7(1), (3) and (4). Admission to light work and determination of such work. In its previous comments, the Committee noted that the Order No. 371 of 26 August 1987, issuing exceptions to the minimum age for admission to employment for children, authorizes as an exception the employment of children between 12 and 14 years of age in domestic work and light work of a temporary or seasonal nature. The Committee observed that the terms of Article 7 of the Convention – namely, that the work: (i) is not likely to be harmful to children’s health or development; (ii) is not such as to prejudice their attendance at school or their participation in vocational guidance or training programmes; and (iii) shall be determined by the competent authority, which shall prescribe the number of hours and the conditions of employment – were not fulfilled. The Government further indicated that the National Labour Council had approved a draft order amending Order No. 371, with a view to raising the minimum age for the admission of children to light work and that it was planned to determine the types of light work.

The Committee notes the Government’s indication that the amendment of Order No. 371 and the adoption of the list of light work are scheduled for 2021. The Committee once again firmly hopes that the amendment of Order No. 371 and adoption of the list of types of light work will be undertaken as soon as possible, with provisions that are in line with Article 7 of the Convention. It requests the Government to continue to provide information on progress made in this respect.

Labour inspection and application of the Convention in practice. In its previous comments, the Committee noted with concern the high number of child labour in Benin, including under hazardous conditions and in the informal sector. In particular, according to the 2014 MICS, 53 per cent of children between 5 and 17 years of age were involved in child labour and 40 per cent of them were working under hazardous conditions. The Committee also noted that the database on the child labour monitoring system (SSTEB) installed in five departmental directorates was not operational.

The Committee notes the Government’s indication that, according to the Demographic and Health Survey carried out by the National Institute of Statistics and Economic Analysis, in 2018, 33 per cent of surveyed children between 5 and 17 years of age were engaged in child labour. Most of these children were children between 12 and 14 years (40 per cent), were from rural areas (40 per cent), and from poor families (47 per cent). The Government further indicates that the SSTEB has been integrated into a database “Integrated System for the Collection and Publication of Labour Statistics” (SIRP-STAT). The Committee notes with interest that, since 2017, the Ministry of Labour and Public Service produces annual reports on labour statistics, which contain a chapter on child labour. In particular, the 2020 report on labour statistics indicates that the number of children identified by labour inspectors as engaged in child labour doubled between 2019 and 2020, from 1,328 to 2,836. The 2020 report also indicates that more than half of the identified children were girls (56 per cent). The Government indicates that most of the cases of child labour have been identified in the informal economy, particularly in markets, craft trades, and construction sector. The 2020 report indicates that 963 awareness-raising sessions on the fight against child labour were carried out, which included 2,825 participants. Given that the number of children under 14 years of age engaged in child labour remains high, the Committee strongly encourages the Government to pursue its efforts to prevent and progressively eliminate child labour in the country, including in construction sector. It also requests the Government to continue to provide statistical information on the number and nature of violations recorded by labour inspectors in the course of their work involving children below the minimum age for admission to employment, including those who are working in the informal economy. To the extent possible, this information should be disaggregated by gender and age.

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

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.

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.

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed and updated information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards, as required by Article 5(1), of the Convention. It also requested to provide information on the implementation of the National Charter on Social Dialogue (hereinafter the “Charter”). The Committee notes the absence of the information requested in its previous comments on the holding of tripartite consultations on international labour standards, as required by Article 5 of the Convention. However, despite the absence of information from the Government, the Committee observes that, according to the information available, including on the website of the Ministry of Labour and the Public Service, the Charter was signed by the social partners on 30 August 2016. It also notes that the Charter has been implemented by Ministerial Decree No. 323 of 28 June 2017 on the establishment, terms of reference, organization and operation of the National Social Dialogue Council (CNDS) and its components, as well as by Decree No. 2017-324 of 28 June 2017 appointing the members of the CNDS, which resulted in the official launching of the CNDS on 4 August 2017. The Committee further notes that in February 2019, following 17 months of operation, the CNDS published a report on the situation of social dialogue in 2018. The report of the CNDS indicates that, with the technical and financial support of the ILO, two training activities were organized for the titular and alternate members of the CNDS during the course of 2018. The report also refers to the joint will of the Government and the social partners to promote the implementation of international labour standards. It indicates in this regard that the trade unions undertake to contribute to the reinforcement and promotion of the Labour Administration Convention, 1978 (No. 150), and the Labour Inspection Convention, 1947 (No. 81). They also undertake to support the process of the ratification of the following ILO Conventions: the Employment Policy Convention, 1964 (No. 122); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Private Employment Agencies Convention, 1997 (No. 181); and the Domestic Workers Convention, 2011 (No. 189). Noting that despite the Committees’ review of publicly available information, the Government itself has not provided for many years any information on the practical application of the Convention, the Committee once again requests the Government to provide precise and detailed information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards covered by the Convention and on other ILO activities, including questionnaires on items on the agenda of the International Labour Conference (Article 5(1)(a)), the submission of the instruments adopted by the Conference to Parliament (Article 5(1)(b)), the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)) and the reports to be made on the application of ratified Conventions (Article 5(1)(d)).

COVID-19 pandemic. The Committee notes that, in view of the COVID-19 pandemic, the tripartite consultations concerning international labour standards may have been postponed. In this context, the Committee recalls the guidance provided by international labour standards and encourages the Government to make use of tripartite consultations and social dialogue as a solid basis for the preparation and implementation of effective responses to the deep-rooted socio-economic repercussions of the pandemic. The Committee invites the Government to provide updated information in its next report on any measures adopted in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to any measures taken to reinforce the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges faced and the good practices identified in relation to the application of the Convention during and after the period of the pandemic.

Comments adopted by the CEACR: Benin

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)