| April
2002
WOMEN’S
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
in
BENIN
Independent
information for the twenty-eight session
of
the Committee on Economic, Social and Cultural Rights (CESCR)
HUBERT
H. HUMPHREY INSTITUTE OF PUBLIC AFFAIRS
UNIVERSITY
OF MINNESOTA
BENIN
Initial
State Party Report submitted 5 February 2001
(E/1990/5/Add.48)
BASIC
COUNTRY DATA
Population, July 2001 estimate: 6.6 million
Ethnicities:
99% African (42 ethnic groups, including Fon, Adja, Yoruba,
Bariba), less than 1% European
Religion:
50% Indigenous beliefs, 30% Christian 20% Muslim
GDP
(purchasing power parity), 2000: PPP$6.6 billion
GDP
per capita, 2000: $1,030
GDP
real growth rate, 1996-1999:5%
Major
Industries:
textiles, cigarettes; beverages, food; construction
materials, petroleum
Fertility
Rate, 2001: 6.23 children born per woman
Infant
Mortality Rate, 2001: 89.68 deaths per 1,000 live births
HIV/adult
prevalence, 1999: 2.45%
HIV/AIDS
infected adults, 1999: 70,000
Life
Expectancy at birth, 2001: female: 50.88 years
male:
49.02 years
Poverty, 1999: 37.2% below the poverty line
Literacy,
2000: female: 23.6%; male: 52.2%
Source:
The World Factbook, 2002 [1]
Critical Issues
Women in Public
Life (Covenant Article 1)
·
Limited access
for women to run for public office
·
Cultural and economic
barriers for women’s participation in public affairs
Women and the Workplace
(Covenant Articles 6, 7, and 8)
·
Discrimination
in the formal labor market
·
Discrimination
in designing, implementing, and benefiting from development
strategies
Domestic Violence
(Covenant Article 10)
·
Pervasive and
persistent domestic violence
·
Marital rape and
incest
·
Forced marriage
·
Underreporting
by victims of abuse
·
Poor to non-existent
enforcement by police and other authorities
Trafficking (Covenant
Article 11)
·
Girls at high
risk of being trafficked for sexual and physical labor
Health (Covenant
Article 12)
·
High maternal
mortality rates
·
HIV/AIDS infection
prevalence
·
High abortion
rates among adolescent girls
·
Pervasive and
persistent Female Genital Mutilation
Education (Covenant
Articles 13 and 14)
·
Low rates for
primary and secondary school enrollment of girls
·
Discrimination
against school-age mothers
·
Low literacy rates
of women
Overview
Benin
achieved independence from France in 1960 at which time the
country was called Dahomey. Those who had been government administrators
during the French-controlled state were forced to leave the
country. Domestic conflict followed and coups d’etats became
a norm [2] , with five coups, nine changes in government
and five different constitutions, within the first decade of
independence.
From
1974 to 1989, the country was a Socialist state under Mathieu
Kerekou, a military leader. By the end of 1989 the entire banking
system had collapsed [3] ,
leading to political crisis and fierce criticism of socialism
as the state ideology. Less than one year later the country’s
political elite adopted a multi-party system. By 1991, the socialist
regime was completely gone and the first free elections had
been held. Prime Minister Nicephere Soglo became the first elected
president and head of state. Since that time, much of the political
power has rotated between Soglo and Kerekou. Kerekou is currently
the president. [4]
Benin
is considered a strong model for democratic transition among
African states, because little conflict has erupted from the
election process. [5] , [6] However, election fraud and
government corruption are still major issues. In the last round
of the election process, Soglo pulled out claiming that the
process was fraught with election fraud. Domestic media coverage
of the elections favored Kerekou throughout the process. [7] By the end of the 1999 elections, nine
members of the Benin’s constitutional court national electoral
commission had resigned. [8]
With Soglo out, Kerekou’s win over cabinet minister Bruno Amoussou,
considered a friendly challenger, was certain.
Benin
is among the world’s poorest countries. It depends heavily on
subsistence agriculture. With a real growth rate in GDP of approximately
5 percent, the country is on a slow, but relatively stable path
of development. [9]
Benin’s most important export is cotton; exports in general
are projected to grow at a rate of 24.5 percent between 2000
and 2004. [10] Benin’s huge debt is of concern; the
country is a Heavily Indebted Poor Country (HIPC) by World Bank
standards, and participates in a debt relief program. [11]
STATUS
OF WOMEN IN BENIN PER ICESCR CONVENANT:
COVENANT
ARTICLES 2 and 3:
Right
to Non-Discrimination;
Right
to Equal Enjoyment of Rights
Women’s Economic
and Political Status
Even
though Benin is beginning to adopt democratic practices and
a free-market economy, women are not benefiting from the economic
and political progress. Women continue to be held accountable
for traditional responsibilities (such as childcare and household
chores) and subject to traditional cultural norms and practices
(including female genital mutilation and stereotypes of inferiority). [12]
They do not have the necessary economic means or
institutional support to ensure their right to self-determination.
Women
make up a small percentage of legislators and top decision-makers
within ministries. In 2001, only 6 percent members of the unicameral
parliament were women. [13] Women’s participation in public life
is inhibited by oppression based in beliefs about the appropriate
roles and limited talents accorded to women. In the 2001 presidential
race, for the first time a female candidate ran for office,
Marie-Elise
Akouavi Gbedo. Up against tremendous opposition, she did not make it
to the final rounds of the election process. [14]
Legislative Measures
to Ensure Equality
Article
8 of the Constitution guarantees the equality of citizens in
access to health care, education, cultural information, professional
training and employment. In addition, the Constitution also
prohibits discrimination on the basis of sex, [15] and Article 6 stipulates that universal
suffrage is at the age of eighteen for both men and women. However,
despite formal equality, women are not protected from abuse
and prejudice, because much of their daily life is still predominantly
governed by customary laws and norms, not by the legal state
or its measures.
All communications between women and men are characterized by
underestimation of the abilities of women: they are excluded
from all decision-making. Men in turn know that they enjoy many
advantages which they consider perfectly normal. In turn the
discrimination against women in Benin is strongly supported
by the culture and traditions of Benin, especially in the legal
area. In fact according to the traditions still in effect in
Benin women are considered minors… . [16]
In
1993, Benin created the National Commission on the Integration
of Women in Development (CN/IFD) within the Ministry of Planning
and Economic Reconstruction. The CN/IFD was supposed to coordinate
international multi-lateral and domestic development initiatives
to ensure the advancement of women. The CN/IFD was also charged
with the responsibility of putting together a national policy
surrounding and supporting women’s participation in development. [17]
As late as 1998, the CN/FID had not met its mandates.
The World Bank Country Assistance Strategy Consultant team which
conducted interviews with high ranking officials, traditional
leaders, and women’s NGOs, among other stakeholders, found that
development strategies and policies had clearly not included
women, benefited women, or otherwise encouraged women’s participation. [18] At
this time, it is unknown if the CN/FID still exists.
At
the same time that the CN/IFD was created, small departments
also existed within individual government ministries, called
Women in Development (WID) units. These WID units were responsible
for conducting gender analysis for their respective ministries.
The Office for the Promotion of Rural Women’s Activities (SPAFR)
existed within the Ministry of Rural Development and its work
surrounded data collection. Lack of funding, a void in human
resources, and a weak relationship with the planning arm of
Ministry of Rural Development contributed to the SPAFR’s inability
to be an effective advocate for women. [19]
The
Ministry for Social Protection and Women’s Affairs is the national
governmental organ responsible for the advancement of women’s
status. In 1998, the Ministry collaborated in a conference/workshop
held by the World Bank and the Association for Women Jurists
(AFJB), a local NGO. The purpose of the event was to increase
coordination between the Ministry and local NGOs in order to
implement and advance strategies for poverty alleviation in
Benin. [20] . At this time, IWRAW does not have
data concerning how much financial support has been allocated
to the Ministry.
COVENANT
ARTICLES 6, 7, and 8:
Right
to Work, to Just and Favorable Conditions of Work,
and
to Form and Join Trade Unions
Benin
is an underdeveloped state. The majority of people work in agriculture;
80 percent of the poor are located in rural and sub-urban areas. [21] Women
in agriculture are responsible for a tremendous amount of physical
labor and also face barriers to obtaining necessary assistance
from such programs as extension education services. Traditional
practices also affect women in agriculture negatively as they
may be prohibited from owning any land, productive land and/or
larger plots of land. [22]
Opportunities
to work on addressing the poverty of women and the country are
scarce for women. The World Bank’s 1998 Country Assistance Strategy
(CAS) Consultation team described women’s inability to define
and participate in economic development:
Participants felt
that gender issues had been mostly neglected. Development resources
especially in rural areas had been directed overwhelmingly towards
men. Women are still excluded in major areas of policy developments
and program management limiting even further their ability to
influence development strategies and outcomes. [23]
The
fact of feminization of poverty is well known to the government;
it has published reports studying the effect of micro-credit
and the persistence of poverty among women. [24] Yet, the education rates for girls
are still relatively low in comparison to those of boys (gross
enrollment rates for primary education stand at 66 percent and
102 percent, respectively) [25] and
in comparison to girl’ education rates in other sub-Saharan
African countries (gross primary enrollment rate of 57 percent
in Benin as compared to an average of 71 percent in the region) [26]
.
Corruption,
especially within public institutions, makes it very difficult
to advocate for the betterment of women’s position in the workplace.
Institutional transparency and accountability measures are steps
that must be taken in order to remedy discrimination against
women. [27]
COVENANT
ARTICLE 10:
Protection
of the Family and of Mothers and Children
Early
marriage is a persistent and troublesome phenomenon in Benin.
In rural areas, especially, girls can be forced into marriage
as early as seven years of age when they are “inducted” into
their new families. Emotional coercion along with physical and
sexual assault are used as methods to make reluctant brides
enter into marriage. Even though the custom is illegal and punishable
by up to 5 years in addition to a fine, because of weak enforcement
measures, forced marriage is still prevalent. [28]
Incest,
domestic violence, and rape within marriage are also major issues
in Benin. Incest is illegal, but the lack of enforcement by
authorities has also allowed the problem to persist. [29] There is no legal definition of marital
rape. Domestic violence is a given within forced marriage arrangements.
Underreporting of domestic abuse and assault is one barrier
to documenting and eliminating the crisis. Women’s reluctance
to report these offenses is the result of a combination of fear
of the abuser and knowledge of the lack of enforcement. Police
and other authorities are often unwilling to intervene and punish
offenders, even though there is legal jurisdiction for intervention
and prosecution. [30]
COVENANT
ARTICLE 11:
Right
to an Adequate Standard of Living
Poverty
is widespread, with more than one-third of the population living
below the poverty line. Women are forced to work both inside
and outside the home to ensure the survival of themselves and
their families. In addition to the cultural norms that assign
women to these burdens, the state mandates that women are also
liable for military service after they turn 18 years of age. [31]
Limited
financial means puts extreme pressures on families, especially
the large ones. A 1999 Anti-Slavery report on trafficking between
Benin and Gabon suggests that girls are at higher risk for trafficking
because of their associated wedding costs. [32] Girls are also targeted victims, because
they are less likely to run away from their traffickers and/or
they are more willing to obey their parents’ instructions to
go with traffickers. Parental consent and family structure are
important factors in understanding the problem of trafficked
children; the Anti-Slavery Report found that of the children
included in its study, families of trafficked victims tended
to be polygamous. Parents journeyed with children to cross borders
into Togo or Nigeria in order to reach traffickers. [33]
Some
parents place their child in the home of a wealthy family. The
practice is known as “vidomegon.” The child, usually a girl,
is subjected to physical and even sexual abuse. There have been
instances where the abuse has lead to the death of child. In
1996, a 12-year-old maid was beaten to death. There is no indication
that the matter has been addressed in the legal system. [34]
COVENANT
ARTICLE 12:
Right
to Physical and Mental Health
Childbearing
and Abortion
More
than half of the female population has had a child by age 19. [35]
The adolescent fertility rate is 109 per one thousand
young women between the ages of fifteen and nineteen. [36] Because
of low and/or incorrect usage of contraceptives, there is a
high incidence of unwanted pregnancies and abortion, especially
among school-aged girls. More than 7 out of 10 pregnancies among
girls in this age category end in abortion. [37] Abortion is illegal,
except in the case of endangerment to the mother’s life. Even
when the pregnancy poses a threat to the life of the mother,
an abortion is difficult to obtain. It must be performed by
a qualified doctor with the endorsement of two other doctors,
one of whom must be an expert from the civil court’s lists. [38]
In
1996, the government issued a Population Policy Declaration
that was supposed to ensure education to the entire population
on health matters, including and especially, information and
services to women on family planning. A combination of private
clinics and local NGOs were to provide these services. Many
factors inhibit women from taking control of their sexual and
reproductive health and utilizing the services created by Population
Policy Declaration. One such factor is the pro-natalist attitude
that put husbands in control of family planning; another factor
is the lack of men’s education on the benefits of family planning
and the appropriate roles for their participation. [39]
Maternal
Mortality
Maternal
mortality rates are very high. In 1996, it was estimated that
nearly 500 women died for every 100,000 births [40] . More recent information about the
maternal mortality rate is not available. These deaths are attributed
to a lack of skilled personnel, inadequate equipment, and an
inability to bring necessary medicines to the patients [41] , but must also be considered a result
of the government’s lack of effort in prioritizing women’s health
and health care. With an average of more than six children born
to each woman, the government must address the conditions that
lead to the deaths of women from child birthing.
Violence
Girls
in the situation of “vidomegon” and the ones that have been
trafficked are a particularly vulnerable group. They have extremely
limited or no access to health care and are subjected to many
physical, emotional, sexual, and psychological health risks.
They have no way to improve their quality of life by using public
health services nor do they have adequate voice in either traditional
community settings or government institutions. Women and girls
in situations of domestic violence, too, face great barriers
to physical and mental well-being because of living in a traumatic
family environment.
HIV/AIDS
HIV/AIDS
is an extremely serious problem and the rates of infection are
rapidly increasing. While in 1999, approximately 2.45 percent
of the adult population was infected with HIV/AIDS, in 2001,
an estimated 4 percent of the entire population was believed
to be infected. [42] Women comprise 40 percent of the population
living with HIV/AIDS; and among sex workers 54 percent are infected. [43] In
2001, the government announced a national initiative to deal
with HIV/AIDS and other sexually transmitted infections (STIs),
but it is unclear whether the program is targeting both prevention
ad intervention measures, or just prevention. [44] Without equal emphasis
on both treatment as well as prevention, the quality of life
for infected women and girls will not be improved by
any HIV/AIDS policy.
FGM
Female
Genital Mutilation (FGM) is also a critical issue for the health
of women and girls. In many cases FGM is coerced, performed
in unsanitary conditions, and results in health complications. [45] Women are at risk from
the time of infancy through their late 20s. The World Health
Organization survey estimates that one-half of the female population
in Benin has undergone FGM although FGM is declining in practice.
The custom is not illegal. [46] One
factor in the continuing presence of FGM is the profit gained
by those performing the procedures, usually older women. [47]
COVENANT
ARTICLES 13 AND 14:
Right
to Education
The
vast majority of women and girls in Benin are illiterate. Many
girls are not allowed to go to school, because their contribution
to everyday activities and chores within the household are considered
more important and necessary than their education. [48] Of the entire primary school age population
of girls, only 57 percent of them are enrolled, compared to
an average 71 percent of girls in the Sub-Saharan African region
and to 98 percent of boys in the country. [49]
The low enrollment rate of girls in basic education,
in turn, contributes to the fact that only 23.6 percent can
read and write.
Because
births by girls and young women between the ages of 10 and 20
make up approximately 10 percent of the Benin’s fertility rate,
access to sex education must be a national priority. [50] Girls often do not receive the necessary
prevention education because of service providers’ attitudes
condemning pre-marital sex and fears that sex education encourages
sexual activity. [51]
Girls
who carry their pregnancy to term are ostracized in their schools.
They are very often discouraged from continuing their education
and are forced to drop out, as they are viewed as a poor influence
on the other girls. [52]
ACTIONS TAKEN
BY OTHER UN HUMAN RIGHTS MECHANISMS
Concluding observations of the
Committee on the Rights of the Child: Benin. 24 August 1999.
(CRC/C/15/Add.106.)
Concerns and recommendations:
- The
Benin Committee for Human Rights, an organ establish domestically,
has not adequately encouraged reporting human rights violations
of and by children. The National Monitoring Committee on the
Implementation of International Human Rights Instruments is
also criticized for not doing enough to address the situation
of children.
- Data
collection must become a national priority if children’s issues
are to be addressed in any effective manner. The Committee
notes especially that statistics on girls and other vulnerable
classes of children must be acquired as early and accurately
as possible.
- Budgetary
allocation into the social investment of children and children’s
issues must also be a top concern in Benin’s development strategy.
The Committee recommends consideration of children’s needs
in resource allocation decisions made by the state.
- The
Committee recommends that the state further disseminate the
background, content, and meaning of the Convention to the
general public in order to raise awareness about issues of
children.
Concluding
observations of the Committee on Torture: Benin. 22 November
2001.
(CAT/c/XXVII/Concl.1)
No recommendations
concerning women were issued by this committee
[2] “Begin the democratic Benin,” The Economist,
v. 318, no. 7698 (16 March 1991): 41
[12] “Benin: Women, Poverty and Discrimination,” Women's International
Network (WIN News), v. 25, no. 1 (31 January 1999): 47.
[16] “Benin: Women, Poverty and Discrimination.”
[18] The World
Bank, Memorandum of the President of the International
Development Agency to the Executive Directors on an Interim
Country Assistance Strategy of the World Bank for the Republic
of Benin.
[19] The Food
and Agriculture Organization.
[20] The World
Bank, “Gender and Law Initiatives in Francophone Sub-Saharan
Africa; Gender and Law Workshop in Francophone Sub-Saharan
Africa (March 1998)” African Region Findings available
at: www.worldbank.org/afr/findings/english/find148.htm,
accessed on 18 March 2002.
[21] The World
Bank, Memorandum of the President of the International
Development Agency to the Executive Directors on an Interim
Country Assistance Strategy of the World Bank for the Republic
of Benin.
[22] The Food
and Agriculture Organization.
[23] The World
Bank, Memorandum of the President of the International
Development Agency to the Executive Directors on an Interim
Country Assistance Strategy of the World Bank for the Republic
of Benin.
[26] The World
Bank, Benin at a Glance.
[27] The World
Bank, Memorandum of the President of the International
Development Agency to the Executive Directors on an Interim
Country Assistance Strategy of the World Bank for the Republic
of Benin.
[28] The Center
for Reproductive Law and Policy (CRLP) and Association des
Femmes Juristes du Benin (AFJB), Reproductive rights of
young Girls and Adolescents in Benin; A Shadow Report
available at: www.crlp.org/pdf/SRbenin99en.pdf
accessed on 10 March 2002.
[31] CIA,
The World Factbook.
[35] The Center
for Reproductive Law and Policy (CRLP) and Association des
Femmes Juristes du Benin (AFJB), Reproductive rights of
young Girls and Adolescents in Benin; A Shadow Report
available at: www.crlp.org/pdf/SRbenin99en.pdf
accessed on 10 March 2002.
[37] The Center
for Reproductive Law and Policy (CRLP) and Association des
Femmes Juristes du Benin (AFJB).
[44] “Benin
to launch national AIDS programme by own means.”
[45] Charity
Tatah Mentan, interview with IWRAW, 18 March 2002.
[47] U.S.
Department of State.
[48] “Benin: Women, Poverty and Discrimination,” Women's International
Network (WIN News), v. 25, no. 1 (31 January 1999): 47.
[49] The World
Bank, Benin at a Glance.
[50] The Center
for Reproductive Law and Policy (CRLP) and Association des
Femmes Juristes du Benin (AFJB).
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