2021 Findings on the Worst Forms of Child Labor: Benin

Moderate Advancement

In 2021, Benin made moderate advancement in efforts to eliminate the worst forms of child labor. The Ministry of Social Affairs removed 400 children from child labor as a result of social services inspections. In addition, the Administrative Census for Population Identification registered citizens without identity documents, and the Government of Benin streamlined processes for birth registration. However, children in Benin are subjected to the worst forms of child labor, including in the production of cotton and crushed granite, each sometimes as a result of human trafficking. Children also perform dangerous tasks in domestic work and street vending. There are many barriers to education, especially for children with disabilities. In addition, the government did not publicly release information on some of its criminal law enforcement efforts, and limited resources for the adequate enforcement of child labor laws may impede government efforts to protect children from the worst forms of child labor.

 
I. Prevalence and Sectoral Distribution of Child Labor

Children in Benin are subjected to the worst forms of child labor, including in the production of cotton and crushed granite, each sometimes as a result of human trafficking. Children also perform dangerous tasks in domestic work and street vending. (1-7) Table 1 provides key indicators on children’s work and education in Benin. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

24.7 (Unavailable)

Attending School (%)

5 to 14

67.9

Combining Work and School (%)

7 to 14

16.8

Primary Completion Rate (%)

 

62.4

Source for primary completion rate: Data from 2020, published by UNESCO Institute for Statistics, 2022. (8)
Source for all other data: International Labor Organization's analysis of statistics from Demographic and Health Survey (DHS), 2017–2018. (9)

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

Agriculture

Production of cotton, including exposure to pesticides† (2,4)

 

Capturing,† cleaning, and descaling fish (2,3,10,11)

 

Raising livestock† (2,11)

Industry

Washing† and sieving† in gold mining and collecting,† crushing,† and sieving stones† for gravel and granite quarrying (2,6,7,12,13)

 

Construction (2,3,12)

Services

Domestic work† (1,2,7,14)

 

Working in the transportation industry† (2,10,12)

 

Street work, including vending† and begging (2,14-19)

 

Dressmaking† and carpentry† (11)

 

Trade, including wading into water and carrying heavy loads while loading and unloading boats (21)

 

Work in restaurants and bars (2)

Categorical Worst Forms of Child Labor‡

Forced labor in granite quarrying, domestic work, vending, handicraft activities, fishing, and agriculture, including in the production of cotton (1-4,6,7,12,14,16,18,22)

 

Use in illicit activities, including drug trafficking; selling smuggled gasoline on roadsides; and illegally selling alcohol, cigarettes, and pharmaceutical products on the street (2,3)

 

Forced begging (2)

 

Commercial sexual exploitation, sometimes as a result of human trafficking, and use in the production of pornography (1-3,7,23)

† 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.

Child trafficking occurs mostly within Benin but it also occurs to other countries, primarily Gabon, Togo, Nigeria, and the Republic of the Congo, for purposes of domestic work, commercial sexual exploitation, and work in vending, agriculture, and mining. (1,2,7,24) Children living in the northern regions of Benin are particularly vulnerable to human trafficking to urban regions in southern Benin. (1) Reports also indicate that children living in the lakeside areas of southeastern Benin, including the commune of So Ava, are sometimes subjected to debt bondage. (2) Children work below the minimum age in the production of cotton, Benin's top export crop, and they are sometimes exposed to dangerous pesticides. (2) Furthermore, children are subjected to hazardous labor, and at times forced labor, in granite quarrying. (6) Traditionally, under a practice known locally as vidomègon, children live with relatives or family friends and perform household services in exchange for educational opportunities. A majority of these children are girls, and many are subjected to labor exploitation and sexual abuse. (7,10,14,25)

In Benin, primary education is free and compulsory for all children between ages 6 and 11, and secondary education is free for girls through grade nine. (26) While boys and girls attend primary school at roughly the same rates, gaps persist between boys and girls in terms of access to, and completion of secondary school. (27-29) Evidence suggests that incidences of abuse in school, including corporal punishment (outlawed in 2015), sexual harassment, and sexual abuse by teachers in exchange for better grades, continue to hamper educational access, especially for girls. (2,3,23) In December 2021, Benin imposed more severe penalties for sexual harassment and sexual abuse by teachers when it passed a law putting the two crimes under the national Court for the Repression of Economic Crimes and Terrorism. (24) Inadequate toilets and sanitation facilities, as well as lack of access to menstruation education and products, are further barriers to girls’ education. (3,24,27) In Benin, other barriers to education include the need to travel long distances, insufficient quantity of school staff, and inadequate access for students with disabilities. (2,25,30,31) To address the latter, the government runs 20 specialty schools in the country. (2) In rural areas, sometimes children do not have birth certificates due to the costs and parents' limited understanding of birth registration procedures. Since birth certificates are required for school enrollment, children without documentation may be denied access to education. (2,23,26)

II. Legal Framework for 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

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Benin’s legal framework to adequately protect children from the worst forms of child labor, including the lack of free public basic education guaranteed by law.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

14

Article 166 and 301 of the Labor Code; Article 210 of the Child Code (32,33)

Minimum Age for Hazardous Work

Yes

18

Articles 210 and 353 of the Child Code; Article 1 of the Hazardous Occupations List (33,34)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Hazardous Occupations List (34)

Prohibition of Forced Labor

Yes

 

Articles 3 and 303 of the Labor Code; Articles 212 and 353 of the Child Code; Article 4 of the Law Relating to the Transportation and Trafficking of Minors (32,33,35)

Prohibition of Child Trafficking

Yes

 

Articles 2–4, 6, 15-16, 18, and 21-25 of the Law Relating to the Transportation and Trafficking of Minors; Articles 201, 212, 352, and 353 of the Child Code; Articles 499–501 and 504 of the Penal Code (32,33,35,36)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 3 of the Law on the Prevention and Repression of Violence Against Women; Article 4 of the Law Relating to the Transportation and Trafficking of Minors; Articles 212 and 378 of the Child Code; Article 504 of the Penal Code (33,35-37)

Prohibition of Using Children in Illicit Activities

Yes

 

Articles 212 and 353 of the Child Code; Article 4 of the Law Relating to the Transportation and Trafficking of Minors (33,35)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Article 6 of Law 2005-43 (38)

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Article 6 of Law 2005-43; Title II, Article 32 of the Constitution (38,39)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Articles 2 and 4 of the Law Relating to the Transportation and Trafficking of Minors (35)

Compulsory Education Age

No

11‡

Article 24 of Act No 2003-17; Article 113 of the Child Code (33,37,40)

Free Public Education

No

 

Article 13 of the Constitution; Article 114 of the Child Code; Article 24 of Act No 2003-17 (33,39,40)

‡ Age calculated based on available information (26,40)

Children in Benin are required to attend primary school, which lasts 6 years and typically ends at age 11. This standard makes children ages 12 through 14 vulnerable to child labor as they are not required to attend school but are not legally permitted to work. (32,33,40) As the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (10,32,33,37,40,41) In addition, while the law provides free primary education to all children, basic education through the lower secondary level is not guaranteed by law, which may increase the risk of children's vulnerability to child labor. (33,39,40)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Civil Service (MOLCS)

Enforces child labor laws and investigates labor code infractions. (2,20,42) Refers child laborers found during inspections to social services and to shelters run by the government or non-governmental organizations. (2) Coordinates the National Executive Committee to Combat Child Labor (Comité Directeur National de Lutte Contre le Travail des Enfants (CDN)). (2)

Ministry of the Interior and Public Security

Enforces criminal laws related to the protection of minors, including the worst forms of child labor, through the Central Office for the Protection of Minors, Families, and the Prevention of Human Trafficking (OCPM). (1,3) Maintains a child trafficking database—Benin's Children (Enfants du Benin)—to track and process child trafficking cases. (1) Coordinates with MOLCS to inspect labor code infractions related to child labor, and coordinates with the Ministry of Social Affairs and Microfinance to provide assistance to victims of labor exploitation. (3) The government allocated a budget of approximately $118,000 to the OCPM in 2021. (2) Through OCPM's vice squad (Brigade des Moeurs), addresses human trafficking for sexual exploitation. (2,3)

Beninese Human Rights Commission

Independent government institution empowered to receive complaints related to human rights violations, investigate them, and issue administrative instructions to other state agencies to remedy the violation or enforce the law. In 2021, received and investigated several child labor complaints. (2)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Benin took actions to address child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor and Civil Service (MOLCS) that may hinder adequate labor law enforcement, including restrictions on inspections in agriculture.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2020

2021

Labor Inspectorate Funding

$200,000 (3)

$189,000 (2)

Number of Labor Inspectors

35 (3)

35 (19)

Mechanism to Assess Civil Penalties

Yes (32)

Yes (32)

Initial Training for New Labor Inspectors

No (3)

No (2)

Training on New Laws Related to Child Labor

No (3)

No (2)

Refresher Courses Provided

No (3)

No (2)

Number of Labor Inspections Conducted

2,070 (3)

1,015 (24)

Number Conducted at Worksite

2,070 (3)

1,015 (24)

Number of Child Labor Violations Found

1,273 (3)

620 (24)

Number of Child Labor Violations for Which Penalties Were Imposed

0 (3)

Unknown (2)

Number of Child Labor Penalties Imposed that Were Collected

N/A (3)

Unknown (2)

Routine Inspections Conducted

Yes (3)

Yes (2)

Routine Inspections Targeted

Yes (3)

Yes (2)

Unannounced Inspections Permitted

Yes (32)

Yes (32)

Unannounced Inspections Conducted

Yes (3)

Yes (2)

Complaint Mechanism Exists

Yes (3)

Yes (2)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (3)

Yes (2)

Labor inspections are conducted via committee and require the presence of labor inspectors, police officers, and social workers. In practice, research suggests that these requirements create logistical challenges to the labor inspection process. (2) MOLCS estimated that its budget allocation only met 10 percent of its needs, and the labor inspectorate lacked sufficient transportation to conduct regular inspections. (2) The number of labor inspectors is likely insufficient for the size of Benin’s workforce, which includes over 3.8 million workers. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 40,000 workers in less developed economies, Benin would need to employ about 92 inspectors. (43,44)

The government prioritized labor inspections of apprenticeship arrangements, including in construction, carpentry, cosmetology, and metalworking. (13) Resource constraints prevented sufficient inspections in quarries, in which an estimated 70 percent of workers are children. With UNICEF support, however, the government conducted inspections at quarries in 3 out of 12 departments. (2,13) MOLCS claims that it is not permitted to conduct labor inspections in agriculture due to the lack of an interministerial decree from the Ministry of Agriculture. The labor code, by contrast, allows labor inspectors to freely enter any workplace to carry out investigations, and it requires all civil authorities to collaborate with labor officials to facilitate inspections. (2,13,19) This gap between law and practice means that no inspections are carried out in agriculture, a sector in which child labor is known to be present. (2,13,19)

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in Benin took actions to address child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient training for criminal investigators.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2020

2021

Initial Training for New Criminal Investigators

No (3)

Yes (2)

Training on New Laws Related to the Worst Forms of Child Labor

N/A (3)

No (2)

Refresher Courses Provided

No (3)

Yes (45)

Number of Investigations

Unknown (3)

Unknown (2)

Number of Violations Found

Unknown (3)

Unknown (2)

Number of Prosecutions Initiated

Unknown (3)

Unknown (2)

Number of Convictions

Unknown (3)

Unknown (2)

Imposed Penalties for Violations Related to the Worst Forms of Child Labor

No (3)

Unknown (2)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (3)

Yes (2)

The government has a mechanism to enable criminal authorities and social services to reciprocally refer children found in the worst forms of child labor and human trafficking, and social workers regularly refer cases. (2) The government also runs a child assistance hotline, which takes anonymous tips and is staffed 24 hours a day by French and local language speakers. Tips involving child trafficking and child labor are referred to social services and criminal authorities. (1,3) Criminal law enforcement officers received initial training on child labor and child trafficking as part of the National Police Academy's curriculum, but the government and UNICEF have assessed the training as insufficient. (2) The government does not maintain a centralized criminal records database. As a result, it did not provide complete information on its criminal law enforcement efforts, including the number of investigations, violations found, prosecutions initiated, convictions, or penalties imposed for inclusion in this report. (2,24) In addition, courts often prosecute criminal cases related to labor under charges of child abuse or illegal movement of children. (24)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including lack of coordination among agencies.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Executive Committee to Combat Child Labor (Comité Directeur National de Lutte contre le Travail des Enfants, CDN)

Coordinates efforts to address child labor. Falls under the jurisdiction of MOLCS and includes delegates from the ILO, UNICEF, trade unions, local NGOs, and other government ministries. (2,3) Met during the reporting period. (19)

National Monitoring and Coordination Working Group for Child Protection

Established by decree in 2006 and chaired by the Ministry of Social Affairs and Microfinance's Secretary-General. Comprises 40 member organizations, including international NGOs, civil society groups, and government ministries. (3) Includes five technical committees: (1) trafficking and exploitation, (2) juvenile justice, (3) violence against children, (4) orphans and vulnerable children, and (5) early childhood. (3) Met twice during the reporting period to review child protection efforts, including initiatives to address child labor. (2)

Interministerial Task Force to Combat Trafficking in Persons

Coordinates government efforts to address trafficking in persons through five committees: (1) prosecution, (2) prevention and protection, (3) statistics, (4) intellectual, and (5) policy. Led by the Ministry of Planning and Development and includes representatives of other key ministries and NGOs. (3,46,47) In 2021, convened for the first time since 2019, and met on an ad-hoc basis to compile and review trafficking in persons-related data. (2,45)

Ministry of Social Affairs and Microfinance

Works on committees with labor inspectors from MOLCS to conduct labor inspections at worksites. (2) Refers cases of child labor to criminal law enforcement. (2) Provides social assistance and social support services to vulnerable populations and is the lead agency for child protection in Benin. (3,42) Manages a Child Assistance hotline (Ligne d'Assistance aux Enfants) with support from UNICEF. (2,19) Operates 85 Social Promotion Centers (CPS) across the country, which provide social services to vulnerable citizens, including survivors of human trafficking and labor exploitation. CPSs also operate a referral mechanism for child labor with the local police, OCPM, and MOLCS. (11,22,45,48) Through the Family and Child Monitoring Office, maintains Child Pro, a database for child trafficking statistics. (1,22) In 2021, the Ministry of Social Affairs removed 400 children from child labor as a result of social services inspections, and it removed a separate 550 child trafficking survivors from the worst forms of child labor. (2)

Research found that there is a lack of effective coordination among agencies responsible for addressing the needs of vulnerable children, partially due to a lack of clarity regarding institutional mandates and gaps in communication regarding child labor data. (2,3,10)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including insufficient incorporation of child labor elimination and prevention strategies into the Education Sector Plan.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Action Plan for the Elimination of the Worst Forms of Child Labor (2019–2023)

Aims to reduce the worst forms of child labor in Benin by 70 percent by the end of 2023. Targets six focus areas: (1) strengthening the legislative and institutional framework related to child labor; (2) information, awareness, and social mobilization; (3) education and training; (4) victim monitoring, protection, and referral; (5) inspection and suppression; and (6) institutional mechanisms, and monitoring and evaluation of the plan. (3,49) Includes a vocational education program focused on formalizing and regulating apprenticeships for children. (24) In 2021, as part of this action plan, the Minister of Labor and Civil Service undertook additional inspections of apprenticeship arrangements and granted awards to apprenticeship masters who complied with child labor laws. (2,19)

Cooperative Agreement to Combat Cross-Border Trafficking

Aims to protect migrant children and survivors of transborder human trafficking. A tripartite cooperative agreement among the Governments of Benin, Burkina Faso, and Togo committing to cooperate and assist each other in the investigation of human trafficking offenses. (10) During the reporting period, Benin and Togo cooperated in investigating several trafficking cases. (19)

National Action Plan to Fight Trafficking in Persons (2020–2024)

Aims to eradicate human trafficking in Benin by strengthening governmental systems and institutional framework. (1,50) In 2021, as part of this policy, the Ministry of Social Affairs and Microfinance continued the implementation of SIDoFFE-New Generation, which allows Benin's 85 CPSs to input data relating to child protection, including child labor and child trafficking. (45)

The government indicates that inadequate resources were dedicated to the National Action Plan to Fight Trafficking in Persons. (19) In addition, the Education Sector Plan does not incorporate child labor elimination and prevention strategies. (51)

VI. Social Programs to Address Child Labor

In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the inadequacy of programs to address the full scope of the problem.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Government-Funded Shelters†

OCPM operates an interim care facility for children rescued from child trafficking or labor exploitation. The center, which has capacity for 160 children, provides housing and medical, legal, and psychological services. (1,2) After cases are processed, children are typically reunited with their families, placed with foster families, or relocated to long-term shelters. During the reporting period, the government granted or reissued permits to 72 child protection intake centers. (2)

Government-Funded Retraining Centers†

Vocational school program to train survivors of child trafficking in a trade, maintained by MOLCS, with the assistance from UNICEF. (52) Research was unable to determine whether activities were undertaken as part of this program during the reporting year.

Integrated National School Feeding Program (2017–2021)†

$87 million Government of Benin-funded program managed by the World Food Program. The project aimed to improve school retention and reduce child hunger by implementing feeding programs at 3,851 schools. (29,53) The program ended in December 2021. (29)

McGovern-Dole International Food for Education and Child Nutrition Program (2019–2023)

U.S. Department of Agriculture-funded project implemented by Catholic Relief Services in the Alibori and Borgou regions. Aims to improve the literacy and attendance of school-age children, improve the health and dietary practices of students, and increase government capacity of and investment in school meal programs. (54) In 2021, the Government of Benin continued to fund a portion of this project. (2)

Administrative Census for Population Identification †

Government of Benin-funded program to identify and register citizens lacking identity documents. As part of the Administrative Census, the government also standardized birth registration fees and created a new digital database with an online birth certificate application option that guarantees delivery of birth certificates within 30 days. (2) This program continued in 2021. (2)

† Program is funded by the Government of Benin.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (2,20,55-57)

During the reporting period, the impact of the COVID-19 pandemic reduced the capacity of the Central Office for the Protection of Minors, Families, and the Prevention of Human Trafficking shelters. Logistical challenges in testing, isolating, and quarantining survivors of human trafficking also affected shelters. (19) Although the Government of Benin has implemented programs to protect children from human trafficking, research was unable to determine whether the government implements programs to assist children engaged in other worst forms of child labor, including in domestic work, commercial sexual exploitation, and work in agriculture. (2,46)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Benin (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Establish by law free basic public education, including lower secondary education.

2021

 

Ensure that the age up to which education is compulsory is the same as the minimum age for work.

2021

Enforcement

Provide initial training, training on new laws, and refresher courses on child labor for labor inspectors and provide training on new laws for criminal law enforcement officials.

2013 – 2021

 

Publish data on labor law enforcement efforts, including penalties imposed and collected.

2021

 

Increase financial resources to enforce laws against child labor.

2009 – 2021

 

Improve interministerial coordination in the planning and completion of labor inspections.

2021

 

Increase the number of labor inspectors to meet the ILO's technical advice.

2015 – 2021

 

Expand labor inspections in sectors with a high prevalence of child labor, including quarrying.

2019 – 2021

 

Allow the labor inspectorate to freely conduct inspections in the agriculture sector as permitted by the labor code.

2021

 

Publish criminal law enforcement data as it relates to the worst forms of child labor, including the number of investigations, violations found, prosecutions initiated, number of convictions, and whether penalties were imposed for violations related to the worst forms of child labor.

2009 – 2021

 

Ensure that criminal offenses related to the worst forms of child labor are investigated and prosecuted under the relevant laws.

2021

Coordination

Ensure effective coordination among agencies, including by improving communication regarding the collection and sharing of data.

2019 – 2021

Government Policies

Dedicate adequate resources to support the implementation of all policies related to child labor and child trafficking, including the National Action Plan to Fight Trafficking in Persons.

2010 – 2021

 

Ensure that child labor elimination and prevention strategies are integrated into the Education Sector Plan.

2010 – 2021

Social Programs

Increase access to education by ensuring the safety of children, especially girls, in schools, providing access to sanitation facilities and feminine hygiene products, ensuring accommodations in schools for children with disabilities, providing reliable transportation to schools, improving school infrastructure, and increasing birth registration rates.

2010 – 2021

 

Ensure that shelters have sufficient space and resources to care for survivors of child trafficking and labor exploitation.

2021

 

Institute programs to address the worst forms of child labor, including in domestic work, commercial sexual exploitation, and agriculture; and monitor and report annually on the progress of these programs.

2010 – 2021

 

Report on the activities of government-funded retraining centers.

2021

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