Benin MODERATE ADVANCEMENT In 2014, Benin made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government adopted the National Policy for Child Protection and the Action Plan to Eradicate Child Exploitation in major national markets. The Government also increased the capacity of the Office for the Protection of Minors by extending its child protection services to 12 geographical departments of Benin where they did not previously exist. The Government continued to operate social advancement centers that provide social and reintegration services to children withdrawn from child trafficking and labor. However, children in Benin are engaged in child labor, including in agriculture, and particularly in the production of cotton, and in the worst forms of child labor, including in domestic work. Limited resources for the systematic enforcement of child labor laws impede government efforts to protect children from the worst forms of child labor. The national action plan pertaining to the worst forms of child labor remains unfunded and social programs to combat child labor are insufficient to adequately address the extent of the problem. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Children in Benin are engaged in child labor, including in agriculture, and particularly in the production of cotton.(1, 2) Children are also engaged in the worst forms of child labor, including in domestic work.(3, 4) Table 1 provides key indicators on children’s work and education in Benin. Table 1. Statistics on Children’s Work and Education Children Age Percent Working (% and population) 7-14 yrs. 20.9 (680,004) Attending School (%) 5-14 yrs. 71.0 Combining Work and School (%) 7-14 yrs. 16.3 Primary Completion Rate (%) 70.5 Source for primary completion rate: Data from 2012, published by UNESCO Institute for Statistics, 2015.(5) Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Demographic and Health Survey (DHS), 2011-2012.(6) Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity. Table 2. Overview of Children’s Work by Sector and Activity Sector/Industry Activity Production of cotton† and cashew nuts*† (2, 7-9) Agriculture Capturing,* cleaning,* and descaling fish*† 1,( 9-12) Raising livestock*† (11, 13) Collecting,*† crushing,*† washing,*† and sieving stones*† for gold mining*† and gravel*† and granite Industry quarrying† (1, 2, 13-16) Construction, including brick-making*† (1, 2, 12, 17) Domestic work† (1, 2, 4, 13, 17-21) Working as mechanics*† and in the transportation industry*† (1, 9, 14, 15, 20) Services Street vending,*† including gasoline* (1, 2, 9, 14) Dressmaking*† and carpentry*† (1, 11) Begging* (1, 2, 17) 2014 FINDINGS ON THE WORST FORMS OF CHILD LABOR 1 Benin MODERATE ADVANCEMENT Table 2. Overview of Children’s Work by Sector and Activity (cont) Sector/Industry Activity Forced labor in domestic work, construction,* mining,* granite quarrying, and agriculture,* including in the production of cotton, each sometimes as a result of human trafficking* (1, 2, 4, 13, 16-19, 22-26) Categorical Worst Forms Forced begging by Koranic teachers* (2-4, 27, 28) of Child Labor‡ Forced labor in fishing* (1, 9) Commercial sexual exploitation* sometimes as a result of human trafficking*2-4, ( 13, 17) * Evidence of this activity is limited and/or the extent of the problem is unknown. † Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182. ‡ Child labor understood as the worst forms of child labor per se under Article 3(a) – (c) of ILO C. 182. An ILO-IPEC study found 2,553 children working in 102 surveyed mines and quarries across Benin.(16) Children who work in quarries are subject to long working hours and to physical injuries and illnesses from dynamite explosions, falling rocks, collapsing quarry walls, and dust inhalation.(14, 16, 29) A UNICEF study of three markets in Benin revealed more than 7,800 children working in the markets, mainly as street vendors.(17, 30) Children working in markets are exposed to injuries and sexual and physical abuse.(30) Through the system of vidomegon, girls as young as age 7 are sent to relatives or strangers to work as domestic workers in exchange for food, housing, and schooling. In practice, some of these girls receive care and an education, while many become domestic workers and are victims of labor exploitation and sexual abuse.(2, 17-19) In Northern Benin, some boys, placed in the care of Koranic teachers for the purpose of education, are forced by their teachers to beg on the street or to work in fields; they must then surrender the money they have earned to their teachers.(2, 17, 27, 28) Benin is also a source, transit, and destination country for trafficked children. Children are trafficked within Benin and in West and Central Africa for the purposes of domestic work, commercial sexual exploitation, and to work in agriculture and stone quarries. (2, 18, 23, 24, 26) Research shows that these children endure sexual and physical abuse; malnourishment; and, in some cases, death.(1) Although the Constitution guarantees free compulsory primary education by law, in practice, some parents are expected to pay school fees for registration, uniforms, books, and materials.(1, 3, 18, 31) These expenses may deter families from sending their children to school and may increase the risk of children engaging in child labor or of becoming victims of human trafficking. (17) Many children in Benin, particularly in rural areas, are not registered at birth. Unable to prove their citizenship, unregistered children may have difficulty accessing services such as education.(1, 17) In addition, evidence suggests that incidences of physical, psychological, and sexual abuse, including corporal punishment and the rape of students by teachers, prevent some children from remaining in school.(1, 17, 32) II. LEGAL FRAMEWORK FOR THE WORST FORMS OF CHILD LABOR Benin has ratified all key international conventions concerning child labor (Table 3). Table 3. Ratification of International Conventions on Child Labor Convention Ratification ILO C. 138, Minimum Age ILO C. 182, Worst Forms of Child Labor UN CRC UN CRC Optional Protocol on Armed Conflict UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Palermo Protocol on Trafficking in Persons UNITED STATES DEPARTMENT OF LABOR’S BUREAU OF INTERNATIONAL LABOR AFFAIRS 2 Benin MODERATE ADVANCEMENT The Government has established laws and regulations related to child labor, including its worst forms (Table 4). Table 4. Laws and Regulations Related to Child Labor Standard Yes/No Age Related Legislation Minimum Age for Work Yes 14 Article 166 of the Labor Code (33) Minimum Age for Hazardous Work Yes 18 Article 1 of the Hazardous Occupation List 2011-29 (34) Prohibition of Hazardous Yes Hazardous Occupation List 2011-29 (34) Occupations or Activities for Children Prohibition of Forced Labor Yes Article 4 of the Law Relating to the Transportation and Trafficking of Minors 2006-04 (35) Prohibition of Child Trafficking Yes Article 6 of the Law Relating to the Transportation and Trafficking of Minors 2006-04 (35) Prohibition of Commercial Sexual Yes Article 3 of the Law on the Prevention and Repression of Exploitation of Children Violence Against Women and Children 2011-26; Article 4 of the Law Relating to the Transportation and Trafficking of Minors 2006-04 (35, 36) Prohibition of Using Children in Yes Article 4 of the Law Relating to the Transportation and Illicit Activities Trafficking of Minors 2006-04 (15, 35) Minimum Age for Compulsory Yes 18 Article 06 of Law 2005-43 of June 26, 2006 (37) Military Recruitment Minimum Age for Voluntary Military Yes 18 Article 06 of Law 2005-43 of June 26, 2006 (37) Service Compulsory Education Age Yes 11 Article 24 of Act No. 2003-17 of November 11, 2003 (38) Free Public Education Yes Progressively Article 13 of the Constitution (39) Free* * Progressive introduction of free education over a period of time. Beninese law is not completely consistent with international standards regarding child labor. Article 4 of the Law Relating to the Transportation and Trafficking of Minors (2006-04) prohibits the use of children in pornography; however, the sale or possession of child pornography is not prohibited.(40) Also, article 22 of the Law Relating to the Transportation and Trafficking of Minors (2006-2014) prescribes penalties, six months to two years’ imprisonment, or fines for human trafficking crimes involving labor exploitation; these punishments are neither sufficiently stringent nor commensurate with the punishments prescribed for other serious crimes, such as rape.(2, 35) Benin’s Child Code is a compilation of existing legislation related to children’s rights, education, protection, labor, and health. The Child Code’s second volume, which contains a bill on child protection and amendments pertaining to offenses involving minors, has been pending adoption by the National Assembly since 2009.(17, 41) A revised Labor Code, which proposes to increase the penalties for child labor violations and to increase the minimum age of employment to age 15, has been developed but was not approved during the reporting period.(15) Beninese children are only required to attend 6 years of primary school, through age 11.(42) Since the minimum age for children to work is 14, children ages 12 to 13 are particularly vulnerable to the worst forms of child labor, as they may have completed primary school but are not legally permitted to work. III. ENFORCEMENT OF LAWS ON THE WORST FORMS OF CHILD LABOR The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).