Committee on the Rights of the Child considers the report of Benin

GENEVA (20 January 2016) - The Committee on the Rights of the Child today considered the combined third to fifth periodic report of Benin on its implementation of the provisions of the Convention on the Rights of the Child.

Presenting the report on behalf of the Ministry of Justice, Eloi Laourou, Deputy Permanent Representative of Benin to the United Nations Office at Geneva, said that Benin had strengthened the promotion and protection of the rights of the child through the adoption of several pieces of legislation and measures, including the creation of the Central Office for the Protection of Minors and Families and for the Prevention of Human Trafficking, and the adoption of the Code for the Rights of the Child, which enshrined the principle of non-discrimination and ensured  the consideration of the best interest of the child.  Progress had been achieved in the fields of health and education, while national policies sought to combat domestic violence, child labour and exploitation of children.  Measures had also been taken to combat forced and early marriage and to protect children victims of sexual violence, street children and children separated from their parents. 

In the interactive discussion, Experts welcomed a number of good laws adopted by the Government of Benin in the field of child protection, but expressed concerns over a general lack of implementation of policies and about data collection.  Of particular concern were ritual killings of children and harmful practices against girls, including female genital mutilation, teen pregnancies and forced and early marriages, in some parts of the country.  Experts also regretted the lack of financial and human resources allocated to child-related issues, particularly in light of widespread corruption in the country.  Low education enrolment rates, access to water and sanitation and the situation of vulnerable children – particularly children with disabilities and children in detention – were among the other issues raised by Committee Members.     

In concluding remarks, Renate Winter, Committee Expert and Rapporteur for Benin, said that it was very important to implement the many laws that Benin had enacted.  Problems remained regarding violence against children.  The problem was that the population was not completely aware that the child was a human being rather than a source of revenue. 

Mr. Laourou, in his closing remarks, thanked the Committee for its valuable input and spirit of partnership.  Benin would continue to work on implementing the rights of the child with the support of its international partners and civil society actors. 

Closing the meeting, Benyam Dawit Mezmur, Chairperson of the Committee on the Rights of the Child, hoped that Benin would soon ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. 

The delegation of Benin included representatives of the Ministry of Justice, Legislation and Human Rights; the Ministry of Labour, Public Functions and Administrative and Institutional Reforms; the Ministry of Interior, Public Security and Worship; and the Permanent Mission of Benin to the United Nations Office at Geneva.  

The Committee will next meet in public on Thursday, 21 January at 10 a.m., to consider in Chamber A the combined second and third periodic report of Brunei Darussalam (CRC/C/BRN/2-3), and the combined third to fifth periodic report of Kenya (CRC/C/KEN/3-5) in Chamber B. 

Report

The combined third to fifth periodic report of Benin can be found here: CRC/C/BEN/3-5.

Presentation of the Report

ELOI LAOUROU, Deputy Permanent Representative of Benin to the United Nations Office at Geneva, presenting the report on behalf of the Ministry of Justice, said that the report before the Committee was the result of an inclusive consultation process at the national level, during which State actors and non-governmental organizations provided information.  The 1990 Constitution enshrined the primacy of international agreements over domestic law.  The Government had included the Convention into its national law, and had acceded to a set of international legal instruments following recommendations by the Committee.  Benin had ratified in 2005 the two Optional Protocols to the Convention, and had recently signed the third Optional Protocol to the Convention on the Rights of the Child on a communications procedure.   

At the national level, Benin had strengthened the promotion and protection of the rights of the child through the adoption of several pieces of legislation and measures.  The Central Office for the Protection of Minors and Families and for the Prevention of Human Trafficking, created in 2008, had reinforced the protection of children.  The new Criminal Procedure Code set criminal responsibility at the age of 13 and promoted educational assistance and alternatives to detention for minors.  In 2015, the adoption of the Code for the Rights of the Child transposed into national law international provisions relating to the rights of the child.  Benin had built infrastructure and trained judges to better respect the rights of the child on judicial matters. 

Combatting gender inequality remained a State priority.  The State had organized, in collaboration with the Office of the High Commissioner for Human Rights, two awareness-raising days to combat racial discrimination.  The Code for the Rights of the Child enshrined the principle of non-discrimination and ensured the consideration of the best interest of the child in all decisions affecting them.  Progress had been achieved in the fields of health and education, with increased enrolment and decreased maternal and child mortality rates.  National policies sought to combat domestic violence and child labour and exploitation.  Measures had also been taken to combat forced and early marriage and to protect children victims of sexual violence, street children and children separated from their parents.  Benin currently had 44 host families taking care of more than 747 children.   

Questions by Experts

HYND AYOUBI IDRISSI, Committee Member and Rapporteur for Benin, welcomed a number of laws enacted by Benin and its accession to a number of international human rights instruments.  She asked whether Benin had considered acceding to the third Optional Protocol to the Convention on the Rights of the Child on a communications procedure.  On general implementation measures, she noted that Benin had adopted a Code for the Protection of the Rights of the Child and a Criminal Procedure Code.  She asked whether the Criminal Code would be soon adopted.  She expressed concerns that the National Commission on the Rights of the Child had not been given sufficient resources, in terms of staffing and funding, to implement its coordination mandate.   She also asked whether a multi-sectoral action plan would be implemented.  Continuing, she underlined that resources allocated to childhood issues were insufficient, with the Ministry for Family Affairs receiving only one per cent of the State budget.  In addition, the Committee was extremely concerned about widespread corruption in the country, which further exacerbated the funding issue.  Then, she asked for clarification regarding data collection and the process of establishing a national human rights institution in compliance with the Paris Principles.  Would children be able to file direct individual complaints to that body? 

Moving to the dissemination of the Convention on the Rights of the Child, she asked about training and awareness raising activities conducted by the Government.  She then raised a number of questions regarding the private sector, and initiatives to promote the rights of the child and corporate social responsibility.  She expressed concerns regarding the lack of universal birth registration, and the absence of institutions for registration in rural areas.  On freedom of information, she regretted that despite the existence of oversight and regulation mechanisms in the broadcasting sector, efforts remained necessary to better protect children against harmful online content and cyber bullying. 

RENATE WINTER, Committee Member and Rapporteur for Benin, regretted the lack of precise information and data in the State party’s report.  On the definition of a child, she noted that criminal responsibility started at the age of 13, and that the minimum age for marriage was 18, with the possibility of a judge allowing marriage under that age for “valid reason”, which most of the time meant pregnancy.  Such an exception was against the spirit of the Convention and legislation prohibiting early marriage.  Discrimination was rampant in the country, she said, especially against children with disabilities, who were victims of stereotypes and violence, including in childcare services. 

Ritual killings were of great concern in Benin, with about 30 new-born children being ritually killed or abandoned because they were believed to be sorcerer children or for any other traditional reasons.  Only non-governmental organizations seemed to act against that practice.  How many prosecutions had been conducted?  It seemed that nobody wanted to touch upon that issue.  Was the Government doing anything to cope with that really concerning issue?  On alternative care, she expressed concerns that 44 families were taking care of a total of 747 children, which meant that a single family had to take care of more than 20 children, making them more similar to institutions rather than host families.  She asked what support was provided to foster families and institutions.  She noted that the interest of families seemed to be taken into account before the best interest of the child.  Illiteracy remained really high, she said, while underlining the need for further efforts to ensure universal access to education.  In conclusion, she said that laws in Benin were really good, but regretted their lack of implementation. 

Response from the Delegation

Benin was in the process of ratifying the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.  The draft decree allowing its ratification had to be approved by the Assembly. 

On resources, the National Commission for the Protection of the Rights of the Child was indeed not well funded, a delegate said.  A small committee was currently working to ensure that the National Commission received a sufficient budget.  Three per cent of the Ministry of Family’s 2015 budget would be allocated to children-related issues, including to efforts for the dissemination of the Convention.  The budget for a programme on orphans and vulnerable children would hopefully be approved. 

Benin had a National Human Rights Institution since 1999 but it did not comply with the Paris Principles.  A new institution was therefore created in compliance with those norms.  The law setting up the membership of that Commission had not yet been adopted.  A Subcommittee would deal with the rights of the child.  Complaints were permitted from anybody, including children, and had to be handled within a defined period of time.  Progress had been made to ensure that the Commission was allocated a sufficient budget. 

On the dissemination of the Convention, a delegate explained that pedagogical packages listed all the rights protected under the Convention, as well as information regarding national mechanisms for the protection of the rights of the child.  Education personnel were also trained on the provisions of the Convention, as were justice professionals.  Human rights school clubs existed, and brought together pupils from age 11 to 18.  Nine local languages had been used to disseminate information on the Convention. 

The private sector was increasingly involved in the economic exploitation of children.  The Ministry of Labour had been able to come up with a memorandum of understanding and a plan of action to ensure strengthened involvement of the private sector in fighting against child labour. 

Efforts were still needed for the collection of data.  Such efforts would be supported by the United Nations Children’s Fund, including on the development of indicators on juvenile justice.  Law enforcement personnel had been trained on the collection of such data. 

On ritual killings, a delegate said that abuse against sorcerer children was the exception.  Efforts that had been made over the last 10 years had led to positive results to reduce violence against women and children in the north of the country.  The Childhood Code provided for the punishment of harmful traditional practices.  Data would be collected once the Code would enter into force and prosecutions were conducted.  The Criminal Code categorized infanticide as a crime.  The problem was that complaints were not filed in local areas, making authorities unable to prosecute them. 

Benin had chosen to digitize its birth registration system.  While that was fully functional, initiatives had been taken to address the backlog in registrations, and to register all children in rural areas. 

On foster care, host families had been set up, together with a pilot project encouraging families to volunteer to host children, after child rights-training had been provided to them.  The stay in those host families was temporary, which made it different than adoption.  Children were placed in such families as an alternative to institutionalization.  Host families and institutions were different.    

Moving to the participation of children, a delegate explained that every town in Benin was represented by a Communal Cell.  Those cells included representatives of children, and served as channels to pass on concerns about children to the central Government.

The best interest of the child was systematically taken into account concerning decisions affecting them, including on matters relating to divorce and child custody. 

On the definition of a child, there was no risk of waivers being unduly issued for lowering the age for marriage, as such a decision only resulted from a thorough investigation. 

A Code for Information and Communication dictated which information could be disclosed to the population.  That Code set up an authority in charge of overseeing broadcasting activities. 

Follow-up Questions by the Experts

RENATE WINTER, Committee Member and Rapporteur for Benin, insisted on the need to raise awareness in the north of the country to make sure that cases of ritual killings and infanticide were reported and prosecuted. 

HYND AYOUBI IDRISSI, Committee Member and Rapporteur for Benin, raised the issue of corporal punishment and harmful practices, including female genital mutilation, being used in practice despite its prohibition in law, and asked about awareness-raising activities to ensure the implementation of that legislation. 

On foster care, an Expert underlined that confusion remained regarding the difference between host families and institutions.  He asked what would happen when no host family was available to receive children in need of care.

Response from the Delegation

There were never more than two children at a time in host families.  But the turnover led to families hosting about 20 children a year. 

On violence against children, the figure that 30 new-born children were being subjected to ritual killing was not realistic, a delegate insisted.  That phenomenon only took place in the north of the country.  Awareness-raising efforts continued to be needed to address the under-reporting of harmful practices.  Traditional leaders were involved to ensure that cases of violence against children were being reported.  Anonymous complaints could be filed at the local level.  Prosecutions and penalties against those practices were weak, a delegate said, and the Government would continue its efforts to address those issues.  Eighty-one per cent of reported offences against minors were minor offenses, while 19 per cent were crimes.  Sixty-one per cent of complaints that were investigated related to violence against girls.  A regional campaign was being conducted in Africa to raise-awareness against early marriage. 

Follow-up Questions by the Experts

RENATE WINTER, Committee Member and Rapporteur for Benin, said that precise statistics and information on violence against children would allow the country to respond appropriately to that phenomenon. 

BENYAM DAWIT MEZMUR, Chairperson of the Committee, said that 70 per cent of children in residential care centres had not been registered, and asked whether measures had been taken to address that problem. 

Response from the Delegation

Those children that were in residential care centres indeed often came from rural areas, and their registration was a complex process.  Institutions that took in children were encouraged to immediately act to try to find their parents.  If that did not work, the State would take over tutorship and issue identity papers.  

Questions by the Experts

During the second round of questions, RENATE WINTER, Committee Member and Rapporteur for Benin, welcomed national child protection policies and training provided to law enforcement professionals.  Challenges remained however regarding special protection measures for vulnerable children, including against harmful practices.  Thirty-one point seven per cent of girls were married before the age of 18.  Polygamy was widespread.  Thirty per cent of children in the country were involved in the worst forms of child labour, she noted.  Four thousand, three hundred and seventeen children had been found to be victims of trafficking.  Sexual violence was prevalent, leading to sexually transmissible diseases, early pregnancies, clandestine abortion, suicide, and death.  Concerns were also voiced regarding the situation of children with disabilities and orphans. 

Regarding children in detention, she noted that there had been allegations of torture in detention facilities.  She asked for information regarding children detained in civilian prisons.  Children had been forced to work in the street while wearing handcuffs, which stigmatized them.  New detention facilities seemed not to provide adequate standards for children. 

A Committee Member voiced concerns regarding the lack of criteria or norms to assess the quality of residential care centres.  She asked whether legal provisions were in force, and whether data was collected, to prevent and address violence in those institutions.  She also emphasized the importance of setting up criteria for deciding whether children should go into those centres or not.  Further, she asked whether those centres received appropriate financial and human resources. 

On adoption, an Expert asked when the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption would be ratified.  She asked about data and information regarding national and international adoptions. 

With regard to health issues, an Expert voiced concerns at the high rates of malnutrition and infant and maternal mortality, as well as the lack of access to water and sanitation.  She asked about concrete results of the health policies and programmes implemented by the Government.  The high number of unwanted pregnancies among young people was also a cause for concern.  How many young people had access to contraception or abortion?  Had the Government set up a public substance abuse centre?  Had a public policy been implemented to combat drug abuse?  The low rate of breastfeeding was also a matter of concern.  Another Expert welcomed that the rate of HIV/ AIDS was lower in Benin than in other countries in Western Africa, and asked what proportion of the health budget was diverted to the prevention of HIV/AIDS targeting children.  Malaria was a leading cause of death in the region, an Expert said.  Were there specific programmes targeting children or encouraging children to sleep under mosquito nets?   

An Expert regretted the lack of information or data provided by the State party regarding the situation of children with disabilities.  The lack of such data was worrying, as it did not allow the Government to properly address the needs of those children.  Did children with disabilities go to school?  And, if so, did they go to specialized or to mainstream schools?

Turning to education, universal primary school completion was far from being achieved, an Expert said.  The quality of education and the lack of teachers, in addition to the costs for enrolment, were also matters of concern that impeded the realization of the right to education.  Nine point three per cent of children had reported that they had been the victims of sexual violence at school, leading to high drop-off rates.  Had the Government adopted a national plan on education?  Would the Government increase budget allocations to education?  Would human rights and child rights education be introduced in the compulsory school curriculum?  

Response from the Delegation

On criminal justice, a delegate said that the United Nations Children’s Fund had trained judges working in the juvenile justice system.  Efforts were aimed at separating child detainees from adults and at ensuring that children detained in the justice system were not subjected to stigmatization.  A programme provided for additional facilities and infrastructure to be built up in 2016.  The appointment of juvenile justice judges was based on their specific competences and was carried out on a voluntary basis.  That procedure was established with a view to respecting the specificities of juvenile justice.  Judges responsible for sentencing juveniles always ensured that detention was used as a last resort.  Children were preferable placed in institutions.  Currently, 82 children were in detention in Benin.  Judges and prosecutors were involved in the process of developing the draft Code on the Rights of the Child, making sure that its dispositions were in line with recommendations by international human rights mechanisms.  Once the draft was brought back before the Assembly, two judges would be responsible for assessing it in plenary session. 

Follow-up Questions by the Experts

A Member of the Committee noted that detention by police services was not allowed for more than 48 hours.  Pre-trial detention, however, could last up to six months and even be extended for another six-month period, he regretted.  Moreover, there was no mention of children deprived of their liberty in legislation.  The Expert was concerned that 20 to 30 children could be detained in the same room.  The lack of access to health services in detention was also a matter of concern.  

Response from the Delegation

The 48 hour time period for detention in police facilities was considered reasonable considering Benin’s resources.  Medical visits could be requested during pre-trial detention.  The legislation required minors to be separated from adults.  Unsatisfactory behaviour had been redressed.  The State was providing special training to law enforcement personnel.  A programme for 2016 would modernize the criminal justice system and bring it in line with international standards. 

Benin had deposed the ratification instrument for the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption in 2014, and was expecting to conclude that process shortly.  Benin had continued its progress to protect children in the context of adoption. 

Centres existed in schools to provide information on contraceptives.  A draft text would allow the State to provide free contraceptives to adolescents. 

With respect to malnutrition, Benin had organized a national forum in June 2014, inviting international partners that had experience in that area.  Assessments carried out showed that Benin could achieve a significant reduction of malnutrition. 

In order to achieve inclusive education for children with disabilities, Benin had trained teachers on how to address the needs of those children. 

Follow-up Questions by the Experts

An Expert asked whether measures would be taken with regard to the collection of data and statistics on children with disabilities.  Were there awareness-raising campaigns to address infanticide of children with disabilities? 

An Expert pointed at shortcoming in terms of combatting human trafficking, while another asked what was being done to protect the talibé children. 

Response from the Delegation

Persons with disabilities represented five per cent of the population, a delegate said.  Stigmatization against those persons was not a reality anymore, due to the Government’s efforts to ensure their rehabilitation in the society.  There were children with disabilities in schools, and programmes had been implemented to ensure that school personnel were trained to address their specific needs. 

Trafficking in children was a great concern for the Government.  The main challenge Benin faced on that issue was the lack of technical assistance and expertise to deal with the transnational nature of this crime.  There was a great deal of mobility among children, which did not always amount to trafficking.  Draft legislation would, once adopted, internalize international standards to counter human trafficking. 

In order to combat child labour, units had been created within the Government, and projects were aimed at targeting rural areas.  Programmes were in place to rehabilitate these children and put them back in school.  Awareness-raising activities had also been undertaken. 

Benin had not yet developed any specific strategy to address the phenomenon of talibé children.  That phenomenon was not exclusive to Benin, it was recalled.  In parallel to what the State was doing, non-governmental organizations were undertaking work to rehabilitate them on the basis of dialogues with religious leaders. 

A set of standards had been established for care centres.  Centres complying with those standards were eligible to receive children.  Others would be closed. 

Follow-up Questions by the Experts

An Expert underlined that non-governmental organizations should not substitute responses from the State.  She asked whether the State was providing support to those non-governmental organizations that tried to address the needs of the talibé children.  Another Member asked whether the State worked with teachers in Quranic schools. 

An Expert noted that abortion was prohibited in the Children Code, which was peculiar.  He asked whether penalties for abortion also applied to children undertaking such an intervention.   

Response from the Delegation

Studies were being undertaken to elaborate the best strategy to address the issue of talibé children.  It was recalled that Benin was not the only country affected by that phenomenon.  Benin would inform the Committee as soon as a strategy was decided upon. 

Benin had a National Education Policy, which attached priority for primary level education, which was compulsory.  The Government had adopted a positive discrimination policy, proclaiming primary and secondary education free of charge for girls.  Statistics showed that that policy had led to increased enrolment rates for girls.  One third of the State budget was allocated to education.  Only primary education was compulsory, a delegate said.  Schools would soon all be equipped with water and sanitation and a cafeteria. 

Abortion was criminalized in order to protect the rights of the unborn child, with the exception of victims of rape. 

Moving to health issues, a delegate said that the health sector absorbed considerable resources from the State budget.  Inter-ministry, joined programmes ensured that health concerns were being addressed in a holistic manner.  Efforts had been made, in collaboration with partner countries, to reduce maternal and child mortality rates.  Access to reproductive health was decentralized.  Benin was endeavouring to make health services more accessible through the construction of additional health infrastructure throughout the country.  Broad vaccination coverage was ensured with the help of international partners.  

Follow-up Questions by the Experts

HYND AYOUBI IDRISSI, Committee Member and Rapporteur for Benin, noted that Benin had ratified the two Optional Protocols to the Convention, but regretted that they had not been published nor incorporated into domestic legislation.  She asked whether Benin had taken initiatives for their implementation, and whether Benin would provide periodic reports to the Committee on their implementation. 

An Expert was concerned about provisions of the Children Code that would strangely prohibit teen pregnancy, and oblige the person responsible to assure the provision of care to the child.  Would such obligations apply to sexual offenders in cases of pregnancies caused by rape?

That same Expert asked whether mothers could transmit the Beninese nationality to their children, and echoed concerns voiced by the Committee on the Elimination of Discrimination against Women on that matter.  

The Chairperson asked how the Government engaged with religious leaders to strengthen awareness-raising and accountability for cases of harmful practices against children. 

Response from the Delegation

Regarding abortion, the prohibition in the Children Code provided for exceptions in cases of rape or with consent from the parents. 

Benin had tried to catch up on its implementation of the two Optional Protocols, and would hopefully submit its periodic reports shortly.  The lack of resources remained a challenge.  Problems with the Official Bulletin had been redressed, and the protocols would be published in the Official Gazette shortly. 

Follow-up Questions by the Experts

An Expert reiterated questions and concerns regarding low breastfeeding rates. 

Although Members noted significant progress in the field of education, concerns remained regarding the quality of education, child abuse in schools and teachers’ absenteeism. 

A Committee Member reiterated concerns about rampant corruption in the country, and asked what efforts had been made to combat this, as well as to combat child poverty. 

The Chairperson of the Committee came back to the issue of children’s rights and the private sector, particularly regarding maternity leave and child labour.

Response from the Delegation

With respect to breastfeeding, a delegate said that health professionals ensured that babies enjoyed breastfeeding right after birth. 

Awareness-raising campaigns run with the support of international institutions had led to a zero-tolerance policy for violence against children committed at school. 

Regulations had been enacted to specify standards for quality education.  Gaps existed however between the legal framework and the reality.  Efforts had to be made to ensure that a proper infrastructure was created, and to increase the number of qualified teachers.  Training programmes were launched until last year, and additional qualified professionals were being recruited by the education sector.  To tackle the problem of absenteeism, the Government had implemented a zero-tolerance policy for civil servants coming to work late, including in the education sector.  The main problem was re-establishing social dialogue in order to prevent strikes. 

There was a strong political will to fight corruption in Benin.  That issue had to be tackled on several levels, including through prevention measures.  A law required all senior officials to make their income public.  The Anti-Corruption Office was fully empowered to take-up and prosecute cases of corruption on its own.  Controls were being carried out in all administrations to ensure proper public expenditure.  Price controls were already in place.  In addition, Transparency International and other non-governmental organizations were very active in the country.  Approximately 10 Ministers had been brought before courts on charges of corruption. 

On the responsibilities of the private sector, a delegate said that maternity leave was provided for in the legislation.  Women could not be fired for requiring maternity leave.  Children under 14 could not work or be hired as apprentices.  

Concluding Remarks

RENATE WINTER, Committee Member and Rapporteur for Benin, thanked the delegation of Benin for the fruitful dialogue held today.  It was very important to implement the many laws that Benin had enacted.  Problems remained regarding violence against children, in family, work or schools.  The problem was that the population was not completely aware that the child was a human being rather than a source of revenue.  There were also problems relating to the lack of food, trafficking, penitentiary conditions, etc.  There were good practices in all those areas, which should be used as a starting point for further improvements.  She hoped that further plans would be put into place to ensure that laws were implemented. 

ELOI LAOUROU, Deputy Permanent Representative of Benin to the United Nations Office at Geneva, thanked the Committee for its valuable input and spirit of partnership.  Benin would continue to work on implementing the rights of the child with the support of its international partners and civil society actors.  Recommendations by the Committee would be given due consideration. 

Closing the meeting, BENYAM DAWIT MEZMUR, Chairperson of the Committee on the Rights of the Child, hoped that Benin would soon ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.  He encouraged the delegation to take up the Committee’s recommendations. 

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