Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families

Thirty-ninth session

Summary record of the 573rd meeting

Held at the Palais Wilson, Geneva, on Tuesday, 3 December 2024, at 10 a.m.

Chair:Ms. Diallo

Contents

Consideration of reports submitted by States parties under article 73 of the Convention (continued)

Initial report of Benin (continued)

The meeting was called to order at 10.05 a.m.

Consideration of reports submitted by States parties under article 73 of the Convention (continued)

Initial report of Benin (continued) (CMW/C/BEN/1; CMW/C/BEN/Q/1; CMW/C/BEN/RQ/1)

At the invitation of the Chair, the delegation of Benin joined the meeting.

The Chair, welcoming the delegation of Benin to the meeting, explained that additional members of the delegation would be participating via video link.

Ms. Poussi (Country Rapporteur) said that she would be interested to know whether the elimination of entry visas for nationals of African countries had led to an increase in the number of African migrant workers arriving in Benin and, if so, what measures the State party was taking to deal with that influx and to ensure respect for the rights of those workers.

The State party’s assertion that no cases of domestic servitude, forced labour or sexual exploitation of migrant workers had yet been recorded by the Beninese authorities (CMW/C/BEN/RQ/1, para. 141) was perplexing, as migrants were nearly always trafficked or smuggled for one or more of those purposes. She would appreciate more information on the profile of migrant victims of human trafficking and people smuggling in Benin and on the phenomena to which they most often fell victim in the country.

She understood that, under Act No. 86-12 of 26 February 1986, which established regulations for foreign nationals in Benin, the issuance of a residence permit could be refused at the discretion of the issuing authority and that, upon being duly notified of the refusal, the person concerned must leave the country within 72 hours. The delegation might provide some examples of cases in which the issuing the authority had exercised its discretion to refuse such a permit and clarify whether the person concerned could appeal that decision within that 72-hour period. Similarly, she wondered whether foreign nationals who had failed to renew their residence permit in good time and who were also obliged to leave the country within the same time frame were able to challenge that decision.

Ms. Gahar (Country Rapporteur) said that, as she understood it, in Benin, many migrant workers were employed in the informal sector, which made them particularly vulnerable to rights violations. She wished to know how the State party planned to strengthen the enforcement of the laws in place to protect migrant workers and whether Act No. 2011‑26 of 9 January 2012 on combating violence against women explicitly covered women migrant workers and their daughters. It would be helpful to receive disaggregated data on the number of cases of violence against women and girls recorded in the country and information on the different measures adopted by the State party to prevent and combat all forms of violence and discrimination and to uphold the rights of victims, including their right of access to justice.

According to a report published by the United Nations Children’s Fund, nearly 30 per cent of girls in Benin were married before 18 years of age and, for cultural reasons, many families actively encouraged their daughters to marry foreign nationals or older men in exchange for money. However, early marriage had the effect of denying girls their right to an education and stunting their personal development. Against that backdrop, it would be useful to know what measures the State party was taking with a view to eliminating child marriage by 2030.

The Committee was also concerned about reports that administrative barriers continued to prevent migrant workers from bringing their families to join them in Benin. The delegation might outline the measures that the State party was taking to facilitate family reunification and to ensure the well-being of migrant workers and members of their families, whether in Benin or abroad. Details of the national strategy in place to mitigate the effects of climate change, which was a major factor driving migration flows in Africa, would also be welcome.

Lastly, the Committee had received reports that the support services available to survivors of human trafficking were inadequate and that the disaggregated data collected on those services were insufficient to enable the State party to effectively monitor the care provided to survivors, especially survivors of sexual exploitation. It would be helpful to receive information on the number of traffickers who had been prosecuted and sentenced, and on the reparation and types of care provided to trafficking victims.

Mr. Corzo Sosa (Country Rapporteur) said that, in its initial report (CMW/C/BEN/1), the State party had highlighted a number of challenges hindering the effective implementation of the Convention, including problems related to the registration of certain migrant workers; the lack of statistical data on migrant workers to facilitate policymaking; the lack of a mechanism to facilitate the collection of data on migration by the competent government agencies; the low level of awareness of the Convention, especially in the informal sector; and the size of the informal sector overall. The Committee would like to learn about the measures taken or envisaged by the State party to overcome those challenges and to give full effect to the provisions of the Convention.

He recalled that the State party had ratified the Convention without reservation and, as he understood it, without having conducted a review of its constitutionality prior to doing so. The Convention was therefore in force for Benin and had to be implemented. It would, however, be useful to know whether the Constitution or the Convention would prevail in the event of a conflict arising. The Committee took the position that the Convention, as an international human rights treaty, should take precedence over the Constitutions of States parties, which were national laws; the Constitutions should be brought into line with the Convention.

It would be useful to receive detailed information on the number of migrant persons with disabilities living in Benin, their situation and the policies and programmes in place to assist them. The delegation might also describe the steps taken to act on the recommendation made by the Committee on the Rights of Persons with Disabilities calling on the State party to adopt national programme measures to take account of the situation of migrant persons with disabilities, and persons with disabilities who were refugees and in refugee-like situations, and to provide them with the documents necessary to enable them to enjoy freedom of movement (CRPD/C/BEN/CO/1, para. 36 (c)).

The significant migration flows into Benin could be attributed to the fact that it shared borders with four other countries. The Committee would be particularly interested to hear more about the situation with regard to people smuggling in the State party, including whether any persons had been convicted of that offence.

In its initial report, the State party had explained that the expulsion of foreign nationals was an administrative sanction and that the expulsion of a national of a member State of the Economic Community of West African States (ECOWAS) complied with the Community’s Protocol relating to Free Movement of Persons, Residence and Establishment (CMW/C/BEN/1, paras. 129 and 130). However, the Committee had been informed that expulsions were often ordered at the discretion of the Beninese authorities and that expulsion decisions were not issued within a reasonable time frame. He wondered whether, in Benin, expulsions were governed by administrative regulations that established a clear time frame for their enforcement and for appealing expulsion decisions and, if so, whether appeals lodged against such decisions had suspensive effect.

Lastly, he would like to learn more about the extent to which civil society and, if applicable, the Benin Human Rights Commission, had been involved in preparing the State party’s initial report.

Ms. Dzumhur said that she would like to know whether the State party’s border management system had been strengthened following the changes made to the visa system and whether border guards had received training on how to deal with vulnerable persons who arrived at the country’s borders, including on the need to respect their human rights. She also wondered whether steps had been taken to ensure that the staff of the State party’s diplomatic missions were conversant with the implications of the new visa system.

The delegation might provide additional information on the types of exploitation to which migrants who were trafficked or smuggled into Benin most often fell victim. Further details of the measures in place to meet the basic needs of vulnerable migrants, including access to education in the case of migrant children, would also be appreciated.

It would be useful to learn why Beninese nationals chose to emigrate, how the State party’s authorities communicated with the Beninese diaspora and Beninese nationals living abroad who were considering returning to the country, and the nature of the remittances sent by migrant workers to and from the State party.

The Committee had received reports that, in the past, Beninese migrant children had faced exploitation in destination countries such as Côte d’Ivoire, Gabon and Nigeria. The delegation might outline the measures taken or envisaged to protect those children.

Lastly, it would be helpful to receive statistical data on the number of migrants in an irregular situation who had been expelled from Benin in the previous two years, including an indication of whether such persons were typically held in administrative detention prior to the execution of the expulsion order and if they had the opportunity to appeal against the measure.

Mr. Oumaria said that he wished to know what status the Benin Human Rights Commission had with the Global Alliance of National Human Rights Institutions. The Committee attached great importance to national human rights institutions on account of the role that they could play in facilitating the implementation of the Convention on the ground and encouraged those institutions located in Africa to partner with the Network of African National Human Rights Institutions to that end. As there was more inter-African migration than migration to the north, member States of the African Union needed to devise ways of using the skills of the African workforce to promote development. National human rights institutions were well placed to assist in that endeavour.

Although often undervalued, labour inspectors played an important role in monitoring the effective implementation of the Convention. He would appreciate information on the resources, including means of transport, with which they were provided so that they could carry out their work.

The Chair said that she would be interested to know whether the Benin Human Rights Commission played a role in protecting the rights of migrant workers and members of their families and what resources, if any, it had to carry out its activities in that area. As she understood it, under Act No. 86-12 of 26 February 1986, any foreign national wishing to leave the country must apply for an exit visa from the immigration authorities at least 24 hours before departure. The delegation might confirm whether that obligation was still in effect and whether it was also binding on migrant workers.

While the Committee was grateful for the explanations provided by the delegation on the practice of expulsion, which, she understood, was used only as a measure of last resort, she would appreciate clarification as to which authority was competent to take the decision to expel a foreign national from the national territory, how the acquired rights of migrant workers who were expelled from the country were upheld, whether migrant workers could contest expulsion decisions and, if so, how. Disaggregated data on expulsions would also be welcome.

The unreliability of the data available on migrant workers and members of their families was a cause for concern. She wished to know what measures were being taken to ensure the production of reliable, publicly available statistics that could usefully inform public policy on migrant workers or improve the implementation of existing policies. The delegation might also describe the impact on the treatment of migrant workers and respect for their rights of the Constitutional Court decisions in which the Court had found violations of migrant workers’ rights.

Lastly, she would like to know whether the State party’s membership of the African Continental Free Trade Area had any consequences for its migration policy.

A representative of Benin said that, in 1986, at the time of the adoption of Act No. 86‑12, which established regulations for foreign nationals in Benin, Benin had been a Marxist-Leninist regime and had had a different approach to territorial protection. Benin had been an open country since 1990. Although that and other laws had remained on the statute book, they were no longer strictly applied and therefore no longer reflected actual practice. For example, the citizens of other African countries were no longer required to obtain a visa to enter or stay in Benin. There was also now an online visa application service. The amended Act was expected to be finalized shortly and would take account of new developments in personal identification, civil status, tourism, employment and investment, as well as legal developments such as the ratification of the Treaty on the Harmonization of Business Law in Africa.

Very few deportations of persons in an irregular situation had been ordered by the Minister of the Interior over the previous 10 years. The provisions of Act No. 86-12 and its implementing regulations applied essentially to persons arriving in Benin by air and subject to official controls at the airport. Those arriving by land could enter more freely, as not all of the over 400 border crossing points between Benin and its neighbouring countries had police checkpoints. People tended to move freely between neighbouring countries for family and work reasons. The member States of the West African Economic and Monetary Union were currently working on a personal identification project, as part of the World Bank’s West Africa Unique Identification for Regional Integration and Inclusion Programme, under which all citizens would receive a personal biometric identity card. A harmonized biometric passport had already been introduced. However, there were not yet any data disaggregated by nationality on the numbers of persons crossing the country’s land borders, as there was no strict border control and no mechanisms were in place to collect such precise data.

Not all foreign nationals who obtained a visa to enter Benin were migrant workers; some were there for family visits, business, tourism or prospecting. The introduction of electronic visas had made it easier to track the reasons for entry, but there was still room for improvement in that area, and more controls would be put in place in the future. The National Institute of Statistics and Demography had conducted a survey on migration in Benin, the results of which could be shared with the Committee. The fact that no cases of domestic servitude, forced labour or sexual exploitation of migrant workers had yet been recorded by the Beninese authorities did not necessarily mean that there had been no such cases, but rather that they had not been formally reported; they might have been settled between the parties at the local level to avoid having to go through the official legal procedures.

Measures taken to combat trafficking in persons varied depending on the target group. The Central Office for the Protection of Minors, a police body responsible for investigating and punishing offences involving minors, carried out unannounced raids and could also take action in response to complaints. It monitored worksites, schools and other locations to identify any incidents that might be harmful to minors. Members of the juvenile judicial unit of the Office of the Public Prosecutor also conducted visits to juvenile detention and holding centres, child support centres, schools and any other places where incidents might have been reported and took the necessary measures. The Department for the Legal and Judicial Protection of Children in the Ministry of Justice and the Ministry of Social Affairs and Microfinance could also intervene on issues relating to minors.

With regard to the implementation of Act No. 2011-26 on the prevention and repression of violence against women, the National Women’s Institute was the independent body responsible for receiving complaints of gender-based abuse and referring cases to the judicial authorities. It was well resourced and provided legal aid and psychological and medical assistance to victims. There was also a special chamber for gender-related offences under the Court for the Prevention of Financial Offences and Terrorism, which heard cases involving rape and other sexual offences, among others. The chamber had national jurisdiction and travelled regularly for hearings in different parts of the country. In addition, awareness-raising activities were carried out with the local and religious authorities and traditional chiefs with a view to changing harmful practices. Much progress had been made in that domain over the previous decade. Like other laws, Act No. 2011-26 applied to everyone in Benin and thus also provided for the protection of migrant working women and girls. The Code of Criminal Procedure provided for measures to compensate victims, but it had not yet been possible to mobilize sufficient resources to set up a victim support fund. As the fund was to be financed through the collection of criminal fines, efforts were being made to improve the collection process.

There was no discrimination when it came to access to justice: all individuals were entitled to bring their cases to court. A comprehensive legal aid mechanism had been introduced in October 2024 and would ensure that all vulnerable persons had access to the services of a lawyer. Persons who met the criteria for extreme poverty were registered in the social security scheme, which entitled them to a health card, legal aid and other benefits, including financial support for their children’s education, particularly for girls. Various measures were in place to encourage girls to remain in school, and activities were organized to keep children motivated during the school holidays and ensure that they returned at the beginning of the next school year. All of the benefits he had outlined were available to both Beninese citizens and non-nationals residing in the country, without discrimination, provided that they were registered in the system. However, in practice, some people who had entered the country informally did not register with the relevant authorities, including the social security scheme, which meant that, although they still had access to healthcare and education, for example, they did not receive all available support and benefits.

Reports with regard to early marriage were not necessarily reliable. Since the adoption of the Persons and Family Code in 2012, it had not been possible to contract a religious or traditional marriage without also contracting a legal marriage. While community awareness‑raising efforts were ongoing in order to ensure that the practice was abandoned entirely, the legal situation was clear.

Data collection was a challenge, particularly as informal working arrangements existed with all of the neighbouring countries. Greater resources, including digital tools, would be needed to acquire a more accurate picture of the numbers of migrant workers in the informal sector. A person who came from one of the neighbouring countries to sell goods in Benin and returned home in the evening could perhaps be classified as a migrant worker, but was unlikely to have been checked when crossing the border.

Migrant workers enjoyed the same rights and legal protections as Beninese workers. Efforts were made to ensure that migrant workers who did not speak French were informed of the relevant legislative provisions in a language they understood. The legal aid service provided information manuals on people’s rights in French and other languages. A digital database compiling the relevant legislation, regulations and international instruments ratified by Benin had been set up, and work was under way to ensure that translations were available in the languages used by migrant workers and foreign residents in the country.

In order for an international instrument to be ratified by Benin, it must be consistent with the Constitution, failing which a constitutional amendment would be required. The fact that Benin had ratified the Convention thus meant that it was compatible with the Constitution. In Beninese law, the Convention prevailed over laws but not over the Constitution. Once ratified, the Convention had been incorporated into the domestic legal order and could be invoked before the courts.

Laws on the rights and treatment of persons with disabilities had been adopted and were now being implemented; their effects were thus just beginning to appear. Measures had been introduced in private schools during the current year to ensure they had the necessary equipment for persons with disabilities. In public schools, as well as in ministries and other parts of the State administration, quotas for persons with disabilities were applied when recruiting staff.

Migrants who were subject to expulsion orders could appeal against the decisions for reasons related to internal or external equality, in line with legislation.

The State party report had been compiled by means of an inclusive process, beginning with individual sectors and ministries, before being considered by the Ministry of Justice. It had been shared with civil society, improved and then jointly approved. It might be noted that the Benin Human Rights Commission, which had A status with the Global Alliance of National Human Rights Institutions, monitored and protected respect for human rights, in line with the international treaties to which Benin was party. Both the Commission and the national preventive mechanism were independent, with their own budgets, in line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

In respect of trafficking in persons, the Criminal Code adopted in 2019 was in line with the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. There were also institutional arrangements to address transnational trafficking of adults, vulnerable persons and minors. The delegation would provide the Committee with further information in writing.

Access to education at all levels was open to all persons resident in the country, including girls and persons with disabilities, without discrimination.

Movement into and from the country was governed by the freedom of movement applicable in the ECOWAS countries, with controls effected only in the case of large sums of cash. Monetary transfers from abroad were governed by the regulations of the West African Economic and Monetary Union, subject only to the control of the Central Bank of West African States, primarily to prevent money-laundering, with transfers in cash restricted to CFA 4 million.

Labour inspections were carried out by the Ministry of Labour, generally as a result of reports from the public. The Ministry had vehicles available for such inspections, as did all other relevant institutions, so that they could carry out field inspections and effectively defend rights and uphold the law.

As to the questions raised in respect of articles 17 and 41 of the Convention, his country had ratified the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the Bangkok Principles, and was trying to integrate them into legislation; however, the prison infrastructure was not yet appropriately adapted. Current policy was aimed at the construction of more facilities, to allow proper separation between children, women and men. Completely separate facilities were planned for children and adolescents; unfortunately, various delays had been encountered in the implementation of those projects. A number of policies, including the revision of the Children’s Code, the establishment of a code of legal and judicial protection for minors and the introduction of a code of justice for minors, would help to meet the State party’s commitments under international instruments. Alternatives to detention did exist for children, ranging from mediation to community service. Each option had different implications, such as the need for supervision of community service work, for which staff would have to be recruited, at a cost to the State.

Benin nationals living outside the country were able to vote and did so regularly; foreigners living in Benin did not have the right to vote.

Decisions adopted by the Constitutional Court took precedence over the decisions of any other court or administrative authority and were automatically applicable. Hence, the perpetrator of an offence could be prosecuted and be subject to either administrative or criminal penalties. There was also a legal mechanism to provide redress and reparation to victims in the form of financial or other compensation. International treaties and conventions were integrated into the Constitution which permitted their full application.

A representative of Benin said that electronic visas for entry into the country had been introduced in 2018 to facilitate movement. They were delivered within 24 hours and obviated the need to visit one of the country’s consulates. That had earned the State party the highest ranking in the African Development Bank Africa Visa Openness Index. Furthermore, since 2016, nationals of other African countries had been accorded freedom of movement, regardless of any reciprocal measures. In that connection, Benin had signed the African Continental Free Trade Area agreement but had not yet ratified it, as the central question of freedom of movement throughout the continent had yet to be resolved.

In view of the country’s partnership with the International Organization for Migration (IOM), and with funding from that organization’s development fund, Benin had embarked on a project to improve its border management through better systems for the collection and analysis of border crossing data; five border crossing posts had been built or renovated and both equipment and human resources had been strengthened.

The effects of climate change on migration had been discussed at a recent meeting with IOM on improving the resilience of affected communities in the north of the country. The initial funding of $300,000 had allowed work to begin on alleviating flood risk, which had affected over 100,000 persons in 2022. Benin had also launched its ambitious national policy on climate change during the recent United Nations Climate Change Conference, 2024, in Baku. Covering a range of initiatives such as a carbon monetization mechanism and improved credit instruments, it was the outcome of a round table on climate financing held in Cotonou, Benin, in July 2024.

The Ministry for Foreign Affairs was implementing a fourfold policy, which covered development, digital affairs, the diaspora and availability. It gave nationals living abroad full access to consular services, such as the issuance of birth certificates, the legalization of documents and the granting of proxy powers, without the need to visit the country. The country’s diplomatic missions and consular services abroad would thus only need to take action on more complicated cases.

According to 2012 figures from the European Central Bank, inward money transfers to Benin represented between 3 and 4 per cent of the country’s gross domestic product, or approximately CFA 140 billion; the latter figure had certainly increased since then, but the percentage was probably unchanged. A recent study of migration by the National Statistics Agency showed that the inward transfers from migrants were primarily aimed at helping their families, although they also contributed increasingly to development projects in the country. The Government had recently adopted policy aimed at encouraging migrants to invest in the country. To that end, consultations had been held on the margins of an IMO meeting with countries such as Cabo Verde, which had a particularly well developed policy on mobilizing funds from its diaspora into national development projects.

A representative of Benin said that the visa exemption for African nationals benefited qualifying persons visiting the country for conferences or to buy or sell goods, as well as students, who could take advantage of the 90-day limit to register with their place of study and find a place to live before having to apply for a visa.

The Government had worked with IOM to set up the Migration Information and Data Analysis System (MIDAS) in Benin. It was already operational at the central immigration office and was being gradually rolled out to all border crossings. Records showed that, during October 2024, more than 23,000 Beninese citizens had entered the country and nearly 27,000 had exited. Over the same period, slightly more than 41,000 foreign nationals had entered the country and just over 38,000 had exited. Disaggregated data on entries and exits were not yet available. Exit visas no longer existed.

Police officers at border crossings had been trained in the use of MIDAS. Border deportations were rare and were generally carried out in consultation with the relevant embassy or consulate. Individuals in an irregular situation were given the opportunity to regularize their status. The requirement for migrant workers to obtain a work visa from the Ministry of Labour and Public Service gave labour inspectors the opportunity to inspect their work contracts for human rights and labour code violations.

To facilitate family reunification and to make it easier for the children of migrant workers to live with their parents, children were issued a one-year visa, rather than a residence permit, which was renewable on request as many times as required.

Ms. Gahar said that she would like to learn more about the steps taken by the State party to improve its juvenile justice system. She wondered what measures were in place to support the children of women in prison, as well as women who gave birth in prison.

Mr. Corzo Sosa said that it was essential that the legislation on deportation should be reformed in order to ensure that the correct guarantees were in place. He would be grateful if the delegation could elaborate on the idea of redirecting migrant remittances to increase investment in the country’s development, particularly in relation to the impact on remittances sent as family assistance.

The Chair said that she would like to know whether the Labour Inspectorate had sufficient resources to carry out unannounced inspections of companies across the territory. It was crucial that the work of the Inspectorate should extend beyond monitoring contracts in order to protect workers’ rights in the workplace and the informal labour market.

A representative of Benin said that the overhaul of the juvenile justice system required a major investment in new resources, particularly with regard to delivering specialized training in child psychology for key actors, such as judges and support staff. Work was currently under way to develop the necessary educational, vocational training and security measures to facilitate the rehabilitation of young people in child and adolescent protection centres. The Government’s ultimate aim was to have no children in prison.

The recent adoption of Decree No. 2024-1153 on the internal regulations of prisons would significantly improve the situation of mothers and pregnant women in prison. For example, it was expected to overturn the obligation for women in prison to give up their child to the other parent or a foster family once the child reached 3 years of age. Furthermore, a healthcare service to support women in prison during the prenatal and postnatal period would be available. The design and structure of new prisons would respond to the particular challenges faced by women in prison.

The reform of the legislation on deportation, which should be completed in 2025, would update the language used and reflect best practices with regard to the suspension of an expulsion following a justified appeal.

A representative of Benin said that the Government had developed mobile financial services to facilitate the transfer of migrant remittances. In international negotiations, it advocated a reduction in the commission rate charged on remittances to encourage their use for both family assistance and investment in the country of origin. Such efforts to increase investment in the country would not direct money away from migrants’ families. In Cabo Verde, 34 per cent of gross domestic product came from migrant remittances thanks to the incentive mechanisms in place. For example, tax exemptions on real estate bought by nationals living abroad helped to ensure that migrants’ savings were directed back to Cabo Verde. The Beninese Government wished to adopt a similar approach.

Ms. Poussi said that the dialogue had been fruitful and constructive, allowing the Committee to take full measure of the State party’s commitment to protecting the rights of migrant workers and members of their families. She encouraged the State party to take on the challenge of collecting disaggregated data so that the Committee might better assess its efforts to improve the situation of migrants.

Ms. Gahar said that she was grateful for the delegation’s proactive attitude and its candour regarding the challenges the country faced. The State party had the Committee’s full support in finding the best solutions.

Mr. Corzo Sosa said that he was confident that the high-ranking delegation would be able to enact concrete change upon its return to Benin to harmonize the Constitution and national legislation with the Convention.

A representative of Benin said that he would like to reiterate his country’s commitment to pursuing a framework for the protection of migrants founded on human dignity, inclusion and solidarity. Reforms to his country’s migration policy would facilitate the collection of clearer and more precise statistical data.

The meeting rose at 1.05 p.m.