BENIN: GOB DIP NOTE ON GOB EFFORTS TO COMBAT CHILD

UNCLAS SECTION 01 OF 03 COTONOU 001212 SIPDIS SIPDIS DEPT FOR AF/W:DBANKS, G/TIP:VZEITLIN AND ALEMAR-MEREDITH, AF/RSA:MHARPOLE, AND INL/HSTC DEPT PASS TO USAID:CGARRETT PARIS FOR D'ELIA E.O. 12958: N/A TAGS: PHUM PGOV PREL KCRM SMIG KWMN BN SUBJECT: BENIN: GOB DIP NOTE ON GOB EFFORTS TO COMBAT CHILD TRAFFICKING COTONOU 00001212 001.2 OF 003 ¶1. On October 5 the Embassy received a diplomatic note from the Government of Benin, which presented the government's comments on the June, 2006 Trafficking in Persons Report. Post views this note as a positive development, because it demonstrates that the GoB remains attentive to the issue, and is keenly aware of USG interest in it. While in certain aspects (see para 4) the GoB's report puts a positive spin on the situation, it also provides a useful update on Benin's continuing efforts to address trafficking issues. ¶2. Begin unofficial translation of diplomatic note. Diplomatic Note N:0651 The Ministry of Foreign Affairs of Benin presents its compliments to the Embassy of the United States of America in Cotonou and, referring to its diplomatic note N:103 dated June 14, 2006, has the honor of bringing to its attention the following: Beninese authorities reviewed with great interest the sixth annual report on trafficking in persons made public by the Secretary of State of the United States of America on June 5, 2006. In the report Benin was ranked in tier (II) Category (2),whereas it was on the watch list last year. This progress may be attributed both to suppression efforts made by Benin to combat TIP and the passage of a bill outlawing child trafficking. Though U.S. authorities have recognized the continued efforts of Beninese authorities to curb this scourge, they have declared that Benin has not yet fully complied with the required minimum standards to stop the scourge. In response to various concerns expressed in the report by U.S. authorities, the Ministry would like to provide some elements of clarification in the attached document, which details actions implemented within the framework of fight against TIP. Therefore, the Ministry would like to request that the Embassy pass the comments and observations in the attached documents to the U.S. authorities so that they may be taken into account during work on the next annual report. The Ministry of Foreign Affairs of Benin thanks the U.S. Embassy in Cotonou for its kind cooperation and avails itself of this opportunity to renew the assurances of its highest consideration End unofficial translation of diplomatic note. ¶3. Begin unofficial translation of diplomatic note attachment. Comments and remarks of Beninese officials on the 6th annual TIP report on Benin The comments and remarks made by the concerned GOB officials on the sixth TIP report aim to provide their American counterparts with information related to the current efforts of the GOB to combat Trafficking in Persons and those to be made in the near future. ¶I. Comments and remarks on the Report a. The issue raised in the report about the promulgation of the anti-child trafficking legislation is incorrect since on April 5, long before the report was issued, the GOB promulgated Act No 2006-04 relating to the transportation of minors and the suppression of child trafficking in the Republic of Benin following ruling DCC-06-040 of April 4, 2006 by the Constitutional Court that the new legislation was consistent with the constitution. b. With support from UNICEF, the Government of Benin provided training for law enforcement agents working in all the departments of Benin. It also provided training for local authorities. On the whole, 438 district chiefs ["Chefs d'Arrondissement] were trained and were given free copies of legislation related to the rights of children and child trafficking. In addition, with the support of UNICEF and through the Minors' Protection Brigade and the National Police Academy, the Government organized a training session for future Police Commissioners in the third class of the National Police Academy on the rights of the child, in general, and on the struggle against child trafficking, in particular. During the course of the same year, the Minors' Protection Brigade and the National Police Academy provided the same training for law enforcement officers in the departments of Atacora-Donga and Borgou-Alibori. So the assertion that "the government has not initiated trafficking training for law enforcement" is not accurate. COTONOU 00001212 002.2 OF 003 c. The report states "a shelter built in Benin by a foreign donor over a year ago with the capacity to hold 160 victims remains unused." The Government is not aware of the existence of this center, unless this statement refers to the Minors' Protection Brigade shelter that the Government of Benin built through the Priority Investment Program without foreign donor support. This shelter will be operational soon. d. The report underlined that "victims... are interviewed... by law enforcement officials without the involvement of skilled counselors." In response to this assertion it is worth mentioning that the Minors' Protection Brigade is specialized in procedures for minors, especially their interviewing. They know the characteristics of this type of hearing and cooperate with social workers and experts in each field. II. Concerns raised in the report regarding how Benin can move into Tier I The U.S. Authorities have urged Benin to improve further its performance in the fields of protection, prevention and suppression, if Benin wants to reach Tier I next year and avoid a possible downgrade to the watch list (Tier III) [sic]. For this purpose, the following actions are required: 1) Confirmation of the promulgation of the new law on child trafficking and its implementation; 2) Updating the statistics on continued efforts to combat child trafficking (arrests, prosecution and imprisonment of traffickers); 3) Elaboration and implementation of a new national child protection strategy. The following clarifications should be made. -- Law on child trafficking The National Assembly of the Republic of Benin passed the law on the transportation of minors and the suppression of child trafficking in the Republic of Benin. The Head of State promulgated the law on April 5, 2006. Its provisions may be used to curb the child trafficking phenomenon. In addition, the Ministry of Family, Woman and Child has established and presides over a technical committee to elaborate drafts of the implementation decrees of the above-mentioned law. These draft decrees will be sent to the Government's National Codification Commission as the next step in the process leading to their adoption. -- Updated statistics indicating continued efforts in combating child trafficking (arrests, prosecution and imprisonment of traffickers) To facilitate the assessment of actions taken to protect children vis-`-vis the judicial system, an office for judicial statistics has been created at the Ministry of Justice, Relations with Institutions, and Public Affairs. This office works closely with the department of programming and planning to train specialized agents throughout the judicial system (technical services, court officials, etc.) in data collection, including data related to combating child trafficking. Moreover, National Police agents intercepted 140 victims and repatriated 15 children to Togo and Nigeria. Based on information gathered and a number of trips to rural areas, the Minors' Protection Brigade was able to recover 198 trafficking victims, of which: - 82 were en route to Nigeria, of which 14 were Togolese and 68 Beninese; - 29 to Cote d'Ivoire; - 16 to Niger; - 8 to Togo; - 4 to Nigeria; - 1 Nigerian on the way to Burkina Faso (transferred along with the trafficker to NAPTIP in compliance with the Cooperation Agreement between Nigeria and Benin on the Prevention and Suppression of Trafficking in Persons, and Women and Children in particular, signed on June 9, 2005); - 22 repatriated from Gabon; COTONOU 00001212 003.2 OF 003 - 32 repatriated from Nigeria; - 3 repatriated from Ghana; - 1 repatriated from Cote d'Ivoire. These statistics do not take into consideration those of gendarme brigades and other police stations in some rural areas of the country. -- Development and implementation of the new national child protection strategy With the financial support of UNICEF, the appropriate Beninese authorities have drafted a children's code, which may further contribute to child protection. The principal stakeholders on children's protection issues have reviewed this document. At the same time a consultant has been hired, also with UNICEF support, to develop a policy strategy document concerning child protection. The elaboration of this document will commence in November 2006. Aside from that, with ILO support an action plan to curb child labor is being developed. Finally, to assure improved coordination between the various actors in the field of child protection, in a directive dated March 15, 2006 (Order N:503/MFPSS/SGM/SPEA/SA) the Ministry of Family, Woman and Child put in place a National Monitoring and Child Protection Coordination Unit. This unit, which is made up of representatives from government offices, national and international NGOs, and development partners is tasked with centralizing all information related to child protection activities, assuring the coordination and monitoring of activities of various actors, and proposing solutions to the problems these actors face. Since this unit was put in place, it has already organized two ordinary sessions and two extraordinary sessions. Members debated a number of issues pertaining to the installation of technical committees. As a result, three technical committees have been set up to study specific issues regarding child protection. These are "Child trafficking and protection", "Juvenile justice", and "Violence and harmful practices affecting children." Members of these committees meet on monthly basis to discuss specific issues pertaining to their areas of concern after elaborating the terms of reference and annual work plans of their activities. End unofficial translation of diplomatic note attachment. ¶4. COMMENT: Concerning point I.a. above, the embassy was unable to confirm promulgation of the anti-child trafficking law until after the release of the 2006 TIP report. Obtaining precise and accurate information from officials responsible for TIP at various ministries (Justice, Family, and Interior) is difficult and time-consuming. Concerning point I.c. above, the embassy has confirmed that the GOB used its own resources (via the Priority Investment Program) to finance the construction of the shelter, however, the European Commission and UNICEF provided funds to build a parking lot, auxiliary structures, and properly furnish the shelter (including providing computer equipment). To date, the shelter is still vacant and will remain so until the Minister of Labor and Public Function authorizes the creation of new positions at the Ministry of Interior's Children's Protection Brigade to staff and operate the shelter. End comment. HOLTZAPPLE