Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age Convention, 1973 (No. 138) - Benin (Ratification: 2001)

Article 2(1) and (3) of the Convention. Minimum age for admission to employment or work and age of completion of compulsory schooling. The Committee notes the Government’s indication that section 4 of Act No. 2011-26 of 9 January 2012 concerning the prevention and punishment of violence against women stipulates that schooling is now compulsory for all children until the age of 16 years, regardless of their sex, race or religion.

The Committee observes that the minimum age for admission to employment (14 years) is now lower than the age of completion of compulsory schooling (16 years). The Committee considers that compulsory schooling is one of the most effective means of combating child labour, and the need to link the age for admission to employment to the age at which compulsory schooling comes to an end should be underlined. It emphasizes that Article 2(3) of the Convention stipulates that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee therefore requests the Government to take the necessary measures to raise the general minimum age for admission to employment or work so as to link it to the age of completion of compulsory schooling, in accordance with the provisions of the Convention.

Article 7(1), (3) and (4). Admission to light work and determination of these types of work. In its previous comments, the Committee noted the Government’s indication that the National Labour Council, at its June 2010 session, approved a draft order amending Order No. 371 of 26 August 1987 issuing exceptions to the minimum age for admission to employment for children. According to the Government, the draft order raises the minimum age for the admission of children to light work.

The Committee notes the Government’s indication that Order No. 371 of 26 August 1987 has still not been amended since the list of types of light work has not yet been determined in Benin. It is planned to determine the types of light work in 2015. The Committee again expresses the strong hope that the draft order amending Order No. 371 will be adopted as soon as possible, with provisions that are in line with Article 7 of the Convention. It requests the Government to continue to send information on the progress made in this respect.

Application of the Convention in practice. The Government indicates in its report that, for the time being, there are no precise statistical data on the number of working children under the minimum age for admission to employment or work. This will be rectified through the installation of the database at the Directorate-General of Labour (DGT) and the departmental labour directorates, as part of the Child Labour Monitoring System (SSTEB). The objective is to collect statistical data on child labour. This database should be operational by the end of 2014. The Committee requests the Government to send information on progress made regarding the installation of the database at the DGT, and also on the statistics that it will contain regarding the number and nature of violations recorded by labour inspectors in the course of their work involving children below the minimum age for admission to employment, including those who are self-employed or working in the informal sector. As far as possible, this information should be disaggregated by sex and age.