Selected Child Labor Measures Adopted by Governments
| Ratified Convention 138 6/11/2001 |
X |
| Ratified Convention 182 11/6/2001
| X |
| ILO-IPEC Member
| X |
| National Plan for Children
| X |
| National Child Labor Action Plan |
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| Sector Action Plan (Trafficking) |
X |
Incidence and Nature of Child Labor
The ILO estimated that 26.1 percent of children ages 10 to 14 were working in Benin in 2002.[441] In Benin, children as young as 7 years old work on family farms, in small businesses, on construction sites, in markets, and as domestic servants.[442] Many families facing extreme poverty will place children in the care of an “agent” believing that the child will work and learn a trade and that the wages from this labor will be sent home to the family.[443]
Benin is a source, destination and transit country for the trafficking of children.[444] Children from Benin are trafficked into Cameroon, Republic of the Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Ghana, Nigeria, Togo, the Gulf States, and Lebanon;[445] children from Burkina Faso, Niger, and Togo are sold into servitude in Benin.[446] Trafficked children often work as agricultural workers, domestic servants, market vendors, commercial sex workers, and in rock quarries.[447] Nigerian police reported in 2003 that between 6,000 and 15,000 trafficked Beninese children worked in Nigeria, many on cocoa farms.[448] Children are also trafficked within Benin for forced labor in construction, commercial enterprises, handicrafts, and street vending.[449]
The practice of vidomegon continues, in which poor children are placed in wealthier households; in exchange the child works for the family. However, the situation frequently degenerates into forced servitude. Vidomegon children may be subjected to poor working and living conditions, may be denied education, and are vulnerable to abuse and exploitation, including trafficking.[450] In some cases the children were transported to neighboring countries to work.[451]
The Constitution guarantees education to all children.[452] Education in Benin is free for primary school children ages 6 to 11 years. However, families are required to pay additional expenses associated with schooling, such as uniforms, transportation, and school stationery, which can be prohibitive for poorer families. Education is compulsory in primary school, but there is no mechanism for enforcement.[453] Gender inequality in school enrollment in Benin is apparent. In 2001, the gross primary enrollment rate in Benin was 104.1 percent (122.2 percent for boys, 86.0 percent for girls), and in 1999, the net primary enrollment rate was 71.3 percent (84.4 percent for boys, 58.1 percent for girls).[454] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Attendance rates also reflect the gender disparity in access to education. In 2001, the gross primary school attendance rate was 81.0 percent (93.6 percent for boys and 67.4 percent for girls), while the net primary school attendance rate was 53.5 percent (59.9 percent for boys and 46.5 percent for girls).[455] In an effort to redress the gender imbalance, girls in rural areas are exempted from paying tuition fees, and receive a 50 percent exemption in all secondary education establishments.[456] As of 1999, 84.0 percent of children who started primary school were likely to reach grade 5.[457]
Child Labor Laws and Enforcement
The Labor Code sets the minimum age for employment at 14 years[458] and prohibits forced labor.[459] In addition, the Labor Code requires employers to maintain a register, including the birth date, of all employees under the age of 18 years.[460] However, the U.S. Department of State reports that due to a lack of resources, enforcement of the Labor Code by the Ministry of Labor is limited,[461] and minimum age laws are not enforced in the informal sector.[462]
It is illegal to prostitute a minor in Benin.[463] Children are protected from abduction and displacement under current legislation, but specific anti-trafficking legislation does not exist.[464] Laws against prostitution, forced or bonded labor, and the employment of children under 14 years may also be used to prosecute traffickers.[465] The government’s Brigade for the Protection of Minors has jurisdiction over all law enforcement matters related to children, including child labor and child trafficking. However, the Brigade is understaffed and lacks the necessary resources to carry out its mandate.[466]
The government has signed bilateral agreements with Gabon, Nigeria, and Togo to address cross-border trafficking and to repatriate trafficking victims.[467] There are reports that traffickers have been prosecuted and imprisoned.[468]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Benin is one of nine countries participating in a USDOL-funded ILO-IPEC project to combat the trafficking of children for exploitative labor in West and Central Africa.[469] The government also participates in a USD 2 million education initiative funded by USDOL to improve access to quality, basic education for victims of child trafficking and children at risk of being trafficked.[470] With support from the U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons, a 2-year program is underway to strengthen the capacity of the Government of Benin, particularly the Brigade for the Protection of Minors, to address child trafficking.[471] As a result of a Memorandum of Understanding between Benin and Nigeria to cooperate to protect and repatriate trafficking victims, and to identify, investigate, and prosecute agents and traffickers, joint border patrols have been established to curb smuggling and banditry.[472] In October 2003, police chiefs from Benin, Ghana, Nigeria, and Togo met to discuss cross-border crimes and agreed to reduce the number of immigration protocols that hinder rapid response in certain criminal cases.[473]
The Ministry of Family, Social Protection and Solidarity (MFSPS) collaborates with donors and NGOs to provide child trafficking victims with reintegration support and to place them in educational and vocational programs.[474] Other MFSPS activities include the creation of local vigilance committees to help combat child trafficking; the provision of literacy training for child workers under the age of 14 years and apprenticeships for those over the age of 14 years; and campaigns to sensitize truck drivers and border authorities about the sexual exploitation and trafficking of children.[475] USAID supports a variety of educational efforts in Benin, including the development of a new primary school curriculum and the professional development of teachers and teacher trainers.[476]
The government continues to raise awareness of child labor problems through media campaigns, regional workshops, and public statements, and by working with the Network of Journalists for the Prevention of Child Trafficking and Child Abuse.[477] The Brigade for the Protection of Minors operates a free hotline for children to report abuse or other problems.[478] The Ministry of Labor, in collaboration with the Ministry of Family and the Ministry of Justice, is implementing a pilot program to combat child labor in urban centers.[479]
UNICEF is implementing programs that support training for teachers and PTAs, and allow the community to become directly involved in school administration and girls’ education.[480] The education component of Benin’s poverty reduction strategy (PRSP) for 2003-2005 focuses on equal student opportunity for all, improving quality, strengthening institutional framework, and controlling education costs, and makes special provisions to promote girls’ education.[481] The PRSP also calls for strengthening local capacity to combat child trafficking.[482] In March 2004, the World Bank approved a project to support the implementation of Benin’s PRSP. One of the core sectors of the project is basic education.[483] Also in March 2004, the government created an anti-child trafficking committee comprised of representatives of the government, child welfare organizations, and the police.[484] In June 2004, Benin participated in a meeting in Nairobi that focused on ways to enhance girls’ education.[485] Benin is among the first group of countries deemed eligible to apply for aid under the U.S. Millennium Challenge Account.[486]
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