Identifier
Created
Classification
Origin
06COTONOU1228
2006-12-22 05:54:00
UNCLASSIFIED
Embassy Cotonou
Cable title:  

BENIN: WORST FORMS OF CHILD LABOR

Tags:  ELAB EIND ETRD PHUM SOCI EAID BN 
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VZCZCXRO2134
PP RUEHMA RUEHPA
DE RUEHCO #1228/01 3560554
ZNR UUUUU ZZH
P 220554Z DEC 06
FM AMEMBASSY COTONOU
TO RUEHC/SECSTATE WASHDC PRIORITY 9102
INFO RUEHZK/ECOWAS COLLECTIVE PRIORITY
RUEHLMC/MILLENNIUM CHALLENGE CORP
RUEHFR/AMEMBASSY PARIS 1026
UNCLAS SECTION 01 OF 02 COTONOU 001228 

SIPDIS

SIPDIS

STATE FOR DRL/IL:TU DANG, AF/W, AF/RSA, AND G/TIP:VZEITLIN AND
ALEMAR-MEREDITH
DOL FOR ILAB/MCCARTER
ACCRA FOR USAID/WA
PARIS FOR POL - D'ELIA

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI EAID BN
SUBJECT: BENIN: WORST FORMS OF CHILD LABOR

REF: A. STATE 184972


B. COTONOU 97

C. COTONOU 1165

COTONOU 00001228 001.2 OF 002


UNCLAS SECTION 01 OF 02 COTONOU 001228

SIPDIS

SIPDIS

STATE FOR DRL/IL:TU DANG, AF/W, AF/RSA, AND G/TIP:VZEITLIN AND
ALEMAR-MEREDITH
DOL FOR ILAB/MCCARTER
ACCRA FOR USAID/WA
PARIS FOR POL - D'ELIA

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI EAID BN
SUBJECT: BENIN: WORST FORMS OF CHILD LABOR

REF: A. STATE 184972


B. COTONOU 97

C. COTONOU 1165

COTONOU 00001228 001.2 OF 002



1. This cable responds to the Department's request for information
for the Worst Forms of Child Labor report (Ref A).

LAWS AND ENFORCEMENT
--------------


2. Benin's Labor Code sets the minimum age for employment at 14
years of age, but children aged 12 to 14 may perform domestic work
and light work of a temporary or seasonal nature, provided that it
does not interfere with their compulsory schooling. Primary
education (Grades 1-6, children aged 6-11) is free and compulsory.


3. Beninese law does not at present contain a definition of the
worst forms of child labor, however Benin ratified both
International Labor Organization Conventions 138 (setting the
minimum work age) and 182 (defining the worst forms of child labor)
in 2001. Benin has not yet provided a list or equivalent document
identifying hazardous forms of work prohibited to minors under
Article 4 of Convention 182. According to the Ministry of Labor, the
government is currently compiling a list of hazardous forms of child
labor for submission in 2007.


4. The government has designated the Ministry of Interior's Brigade
for the Protection of Minors as having jurisdiction over all law
enforcement matters related to children, including child labor and
child trafficking. The worst forms of child labor can be prosecuted
under different statues in Benin including the Penal Code, the Labor
Code, the General Collective Convention on Labor, the Social Code,
case law, and a wide range of other legislation and government
decrees. Depending on the case in question, laws against
prostitution, forced or bonded labor, and the employment of children
less than 14 years of age may be used to punish violators.


5. On April 5, 2006 the president promulgated a new law against
child trafficking (Ref B). The new law provides for increased

penalties for the trafficking of minors, including imprisonment from
six months to life, depending on the severity of the crime, and
fines from $100 (50,000 CFA francs) to $10,000 (five million CFA
francs). The law states that individuals who are aware of child
trafficking offenses and do not report them shall face fines of $20
(10,000 CFA francs) to $100 (50,000 CFA francs). On July 9, 2006,
along with 23 other West and Central African countries, the
government signed an agreement and adopted an action plan to combat
trafficking. Regional efforts also continued between heads of state
of concerned countries to cooperate to identify, investigate, and
prosecute agents and traffickers, and to protect and repatriate
trafficking victims.


6. There are no statistics currently available concerning the number
of child labor complaints investigated and violations addressed.
There are approximately 100 government labor agents (Inspectors,
Controllers and administrators),who are located at the departmental
level throughout the 12 departments of Benin. These officials only
regulate the formal sector (not the informal one, where the majority
of child labor occurs) and none are dedicated solely to
investigating child labor cases. When someone brings a complaint
regarding child labor, a government labor inspector will visit the
work site and investigate. If the law is being violated, the labor
inspector may try to negotiate with the "employer" to remedy the
situation immediately, if possible. If the labor inspector finds
serious violations have occurred, the inspector has the authority to
sanction the employer and order the employer to pay compensation to
the victim(s). In 2006 the government, in collaboration with IPEC,
provided a two-day training session on convention 138 and convention
182 to approximately 15 officials charged with enforcing child labor
laws.

PREVENTION AND PROGRAMMING
--------------


7. According to IPEC, the government finances some initiatives to
prevent the worst forms of child labor, but detailed information is
not available at this time. One such program involves purchasing
rock-crushing equipment to be used by collectives engaged in
quarrying activities in central Benin.


8. In an effort to boost school attendance and alleviate the
financial burden on families, the government recently declared
schools could no longer require parents to pay fees for school
teaching materials and office supplies, only uniforms and books for
their children (Ref C). In addition, the government is examining

COTONOU 00001228 002.2 OF 002


ways to improve the implementation of the primary education
curriculum called the "New Study Program." This program, which is
designed to enhance the quality and relevance of schooling, was
rolled out to successive primary school grades 1-6 beginning in

1999. The sixth grade curriculum was introduced in 2004. Primary
education is compulsory, but this requirement is not enforced.


9. The Government does not provide direct support to vocational
programs that could serve as an alternative to hazardous forms of
child labor for older children. But international organizations such
as ILO (through the IPEC/LUTRENA program),UNICEF, and DANIDA
provide financial support to local NGOs, which administer such
programming. In addition, there is a USDOL-funded project being
implemented by Catholic Relief Services that has helped over 5,000
children to either be withdrawn from, or avoid altogether, child
trafficking for exploitative labor in Benin.


CHILD LABOR POLICY
--------------


10. Benin does not have either a comprehensive policy or national
program of action on child labor. IPEC notes, however, that the
government is a signatory to Convention 182 and is open to
cooperation with various organizations working to combat the worst
forms of child labor. According to statistics (from Benin's 2002
census) published in a 2006 ILO publication entitled "La fin du
travail des enfants: un objectif a notre portee," there are 480,023
children 14 and under working in either the formal or informal
sectors in Benin in the following activities: agriculture, hunting
and fishing (275,648); industry (22,476); construction and public
works (4,189); trade/vending and food & beverage (78,823);
transportation and communication (909); and other services including
employment as household staff (97,978).

HOLTZAPPLE