Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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. In its previous comments, the Committee noted that section 4 of Act No. 2011-26 of 9 January 2012 concerning the prevention and elimination 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 also observed 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 asked the Government to take the necessary steps 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.

The Committee notes the Government’s indication that the new draft Labour Code which is being examined by the Supreme Court has raised the minimum age for admission to work or apprenticeships to 15 years. The Committee notes that despite this increase, the age of completion of compulsory schooling is still higher than the minimum age for admission to employment. The Committee notes, however, that the Government undertakes to harmonize its legislation by rectifying these disparities. In this regard, the Committee notes that section 113 of Act No. 2015-08 issuing the Children’s Code in Benin, adopted on 23 January 2015, provides that schooling is compulsory from nursery level to the end of primary school. According to the final report of the 2014 Multiple Indicator Cluster Survey (MICS), undertaken by the National Institute of Statistics and Economic Analysis (INSAE) in partnership with the United Nations Children’s Fund (UNICEF) and published in January 2016, children attend secondary school from the age of 12 years in principle (page 249). The Committee also observes that, under section 409 of the Children’s Code, any previous provision is repealed. The Committee recalls once again that compulsory schooling is one of the most effective means of combating child labour, and hence there is a need to link the age for admission to employment to the age at which compulsory schooling comes to an end. 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 indicate clearly the age of completion of compulsory schooling and to take the necessary steps 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. The Committee also requests the Government to provide information on progress made in this regard.

Articles 6 and 9(1). Apprenticeships and penalties. The Committee previously noted that any person who violates the provisions of the Labour Code or of decrees relating to the employment of children shall, under sections 298–308 of the Labour Code, be liable to a fine and imprisonment. It also noted that, according to reports on inspections conducted in workshops in 2013 and 2014, the Departmental Service for Further Training and Apprenticeships recorded cases of non-compliance with the minimum age required for apprenticeships, with children between 9 and 12 years of age discovered working as apprentices in workshops under precarious conditions and without remuneration. The Committee also noted that the above reports indicated, inter alia, that employers in artisanal workshops are reluctant to provide the information requested by the inspection teams and that these teams rarely manage to meet the employers in order to raise their awareness.

The Committee notes the Government’s indication that it is taking action to ensure that effective penalties constituting an adequate deterrent are imposed in practice on artisanal employers who admit children under 14 years of age to apprenticeship centres. The Committee requests the Government to intensify its efforts to ensure that effective penalties constituting an adequate deterrent are applied in practice for violations of the provisions regarding the minimum age of 14 years for admission to an apprenticeship. The Committee requests the Government to provide information on the number and nature of violations reported and penalties imposed.

Article 7(1), (3) and (4). Admission to light work and determination of such work. In its previous comments, the Committee noted that Order No. 371 of 26 August 1987, issuing exceptions to the minimum age for admission to employment for children, authorizes as an exception the employment of children between 12 and 14 years of age in domestic work and light work of a temporary or seasonal nature. The Committee observed that the terms of Article 7 of the Convention – namely, that the work: (i) is not likely to be harmful to children’s health or development; (ii) is not such as to prejudice their attendance at school or their participation in vocational guidance or training programmes; and (iii) shall be determined by the competent authority, which shall prescribe the number of hours and the conditions of employment – were not fulfilled.

The Committee also noted the Government’s indication that the National Labour Council approved a draft order amending Order No. 371, with a view to raising the minimum age for the admission of children to light work. The Government also indicated that Order No. 371 has still not been amended since the list of types of light work has not yet been determined in Benin. It was planned to determine the types of light work in 2015. The Committee asked the Government to keep it informed of progress made in this respect.

The Committee notes the lack of information on this point. 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 provide information on progress made in this respect.

Application of the Convention in practice. In its previous comments, the Committee noted the lack of databases with precise statistical data relating to the number of working children under the minimum age for admission to employment or work.

The Committee notes the Government’s indication that five departmental directorates have benefited from the installation of the database on the child labour monitoring system (SSTEB). However, the implementation of this database has not yet been effective because of a number of issues. The Government reassures the Committee that it will do everything possible to ensure that the system becomes operational in 2018. Moreover, as part of the reforms initiated at the Directorate-General of Labour, the labour planning and statistics unit has been set up. The aim of setting up this unit is to make the system of labour statistics in Benin operational in 2018, thereby facilitating the availability of reliable statistics on child labour. The Committee also notes that, according to the final report of the 2014 MICS, undertaken by the INSAE in partnership with UNICEF and published in January 2016, 53 per cent of children between 5 and 17 years of age are involved in child labour and 40 per cent of them are working under hazardous conditions (page 276).

The Committee notes with concern the high number of children who are working in Benin, including under hazardous conditions. In this regard, the Committee urges the Government to intensify its efforts to prevent and progressively eliminate child labour in the country, and in particular hazardous work. It also requests the Government to provide information on progress made in making the child labour monitoring system (SSTEB) database operational. It also requests the Government to provide statistical information on 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 working on their own account or in the informal sector. As far as possible, this information should be disaggregated by sex and age.

The Committee is raising other matters in a request addressed directly to the Government.