COMMITTEE ON RIGHTS OF THE CHILD TAKES UP REPORT OF BENIN

HR/99/CRC/99/27
26 May 1999


Government Delegation Voices Concerns over Poverty, Shortage of Resources for Education and Health Care

The Committee on the Rights of the Child began consideration this morning of an initial report from Benin, querying a Government delegation, among other things, on efforts to reduce the influence of customs and traditions damaging to children and on the difficulties of funding education and health programmes in a nation with high levels of poverty.

Introducing the report, Joseph H. Gnonlonfoun, Minister of Justice, Legislation and Human Rights of Benin, said 50 per cent of the country's population of 5 million was aged 15 years or younger, and while there was great political will to improve the circumstances of young people, there were problems ranging from extensive poverty, polygamy and the practice of female genital mutilation to insufficient numbers of teachers and decaying schools. Substantial international aid would be needed to overcome these obstacles, he said.

Discussion over the course of the morning focused on the general topics of national measures for
implementation of the Convention on the Rights of the Child; legal definitions related to childhood; and anti-discrimination efforts. It was pointed out that 32 languages were spoken in Benin. Publicizing the Convention required translating a condensed version into various languages and broadcasting summaries over rural radio networks, as many citizens were illiterate.

Benin, as one of 191 States parties to the Convention, must submit periodic reports to the Committee on efforts to improve the circumstances of the country's children. Government delegations generally appear before the panel to discuss these reports and to answer questions.

In addition to Mr. Gnonlonfoun, the delegation from Benin consisted of Sikirath Koumakpai, Technical Counsellor for Health, Social Affairs, and Women of the President's Office; Marie Sabine d'Almeida Vieyra, Technical Counsellor for Social Affairs and Women of the Ministry of Social Protection and the Status of Women; Rita Félicité Sodjiedo Hounton, Director for the Judicial Protection of Children and Youth of the Ministry of Justice, Legislation, and Human Rights; and Cyrille S. Oguin, Director of Human Rights.

The Committee will reconvene at 3 p.m. to continue its review of the report of Benin.

Initial report of Benin

The report (CRC/C/33/Add.52) reviews implementation of the Convention on an article-by-article basis.

Its introduction notes: 'thousands of children are dying from easily avoidable diseases; are suffering from malnutrition; are dropping out of primary school or have never been registered there; and are being put to work at an early age and deprived of all their rights.

'The reasons for this situation are to be found in the perpetuation of poverty; according to the United Nations Development Programme (UNDP) development indicator, of the 173 countries ranked in 1993, Benin came in 162nd position. Attention must be drawn to the inadequacy of economic growth for future generations and the ensuing risk of a fragmented society confronted by difficult problems'.

Among programmes established for the benefit of children, according to the report, are an Expanded Programme of Immunization; a national Programme of Action on Behalf of Women and Children; and a Benin/UNICEF Cooperation Programme (1994-1998). But 'none of these measures can be effective without the support of the international community. The latter will have to help the Government of Benin to moderate the undesirable effects of poverty, which has been worsened by the structural adjustment programmes and devaluation of the CFA franc. The Government urgently requests the participation of international agencies, non-governmental organizations (NGOs), shapers of opinion, grass-roots communities, and families and children in this task'.

Among problems affecting children, the report indicates, are 'illicit departure and non-return of children abroad organized by a parent or third party'. Despite efforts to combat such trafficking, 'today it can be observed that the practice, far from being eradicated, is on the increase. There are networks of traffickers working through the towns and the countryside to entice young people -- and especially children and girls in poor families -- into seeking their fortunes abroad'.

Introduction of report

JOSEPH H. GNONLONFOUN, Minister of Justice, Legislation and Human Rights of Benin, said thecountry bordered on the ocean to the south -- the former 'slave coast' of Africa; the population was about 5 million; and 50 per cent of the population was aged 15 years or younger. Culturally, children were considered a treasure, but their practical situation was often difficult.

The country's revolutionary period had ended nine years ago; there was great political will now to improve the situation of citizens and to make economic and social progress. There was a Constitutional Court which was competent to rule on all matters adversely affecting the country's people; a national programme for children and women had been adopted; a coordination committee had been set up in 1994 to monitor the programme; vaccination coverage had been increased; emphasis was being placed on child nutrition and health; much of the national budget was allocated to health concerns, and health matters were where international support was most needed.

The school attendance rate was 33.8 per cent in 1992; by 1995, the rate was 54.6 per cent; more boyswere in school than girls; and rates of attendance varied widely around the country, Mr. Gno nlonfoun said. There were not enough teachers and schools were old and needed improvements.

Female genital mutilation occurred in the country, and the Government was fighting against the practice and had made it a crime, the Minister said. Efforts also were under way to combat child labour, but it was difficult to enforce provisions against it; the informal sector of the economy, for example, was difficult to regulate. There also were problems with trafficking and consumption of Indian hemp by young people.

Poverty continued to be a problem; the bankers and the corporations of the world continued to focus their power and attention on money, and Benin and similar nations needed the assistance of the Committee and other international agencies to improve living conditions and prospects for their children.

Discussion

Responding the questions, Mr. GNONLONFOUN said, among other things, that the oldest problems inthe country were the result of cultural customs and practices; where national laws did not apply, judges still invoked customary law; until next year 'conciliation courts', operating on the basis of customs, would still exist at the lowest level of the law, allowing accused persons to have a court nearby, especially in rural areas; such courts dealt with matters such as land rights or divorce, later submitting their records to departmental courts; because these courts based their rulings on customs, there was a wide diversity in their decisions although they tended, among other things, towards male chauvinism. There often were conflicts between customs and the standards of the Convention and conflicts between the customs of different ethnic groups.

Setting up an office of an independent ombudsman for children was not in accordance with the country's traditions, Mr. Gnonlonfoun said, although legislature often set up independent standing committees; there was a fear that an ombudsman would consider himself all-powerful.

A new penal procedure code was being developed; other measures were being set up to combat child labour, he said. Children were not allowed to be employed in commercial enterprises below age 14.

A radio system had been developed for rural areas of the country, the delegation said, and efforts werebeing made to publicize the standards of the Convention in this manner. Many persons in rural areas were illiterate and oral information was the best way to reach them. There were 32 languages spoken in the country and broadcast over rural radio; dissemination of the Convention in writing took place in French while a condensed version was broadcast over rural radio; the summarized Convention had been translated into seven of the languages for the radio broadcasts.

In general, not enough money was being spent to promote children's issues, but the country lacked money and was pressed further by a structural-adjustment programme imposed by international monetary agencies and creditors; such agencies and creditors saw only 'macro' things and did not think about 'micro' matters. However, it was useless to have a macroeconomic balance if at the level of the individual, things were much worse. Benin had had a hiring freeze for 10 years in its educational and health ministries; this year the Ministry of Health was able to hire a few people, but not nearly as many as it needed; the country still lacked teachers.

The country did not have a Children's Code; it did not seem likely that legislation establishing one would be passed in the near future; a Family Code had been rejected some years ago because many people were polygamous and the code would have prohibited polygamy. Eventually, it was hoped that a Children's Code could be established. Similarly there was no separate budget for children's programmes and issues.

The Constitution made no mention of traditional chieftainships, Mr. Gnonlonfoun said; but if a
chieftainship made a proposal to help promote the rights of the child, the Government might approve it; in general the Government did not want to perpetuate the chieftainships; it was trying to reduce their influence. Often tribal chiefs had a number of wives and as many as a hundred children, and it was hard to see how they could effectively care for their own offspring, let alone help other children.

Efforts had been made to decentralize the Government, Mr. Gnonlonfoun said, as the previous system, based on the Napoleonic code, had been very centralized and local communities had felt they had little control of Government and matters affecting their lives and children; educational matters would increasingly be under the control of local Governments; already NGOs were working more integrally on the local level; day do day, more matters would be under community control, although funding would continue to come from the central Government.

The relevant International Labour Office (ILO) convention on child labour had not yet been ratified, he said, but ratification was in process.

It would be difficult to go into the rural areas of the country and tell people there that their daughters could not marry until age 18 -- the same age as for boys, he said; a culture under which girls married at younger ages than boys was well-entrenched; the standards of the Convention existed, but the truth was it was difficult to implement them, and progress in this area would come slowly.