Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of such types of work. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Decree No. 2011-029 issuing the list of hazardous types of work prohibited for young persons under 18 years of age, including statistics on the number and nature of violations reported and penalties imposed.

The Committee notes the Government’s indication in its report that statistical data on the number and nature of violations reported and penalties imposed will be available in the database “Integrated System for the Collection and Publication of Labour Statistics”. The Government further indicates one case of imprisonment of three months for the economic exploitation of a child in 2017. The Committee also observes from the 2018 Demographic and Health Survey of the National Institute of Statistics and Economic Analysis that 23 per cent of surveyed children aged 5-17 years were engaged in hazardous work. The Committee further notes that the Committee on the Rights of the Child , in its concluding observations of 2018 on the Optional Protocol on the sale of children, child prostitution and child pornography, expressed concern about the exploitation of children in situations of hazardous labour, especially in the domestic service and agricultural sectors, and recommended to enforce the prohibition of the types of work considered to be hazardous for children under Decree No. 2011-029 (CRC/C/OPSC/BEN/CO/1, paragraphs 20, d) and 21, d)). The Committee strongly requests the Government to ensure the effective implementation of the Decree No. 2011-029 issuing the list of hazardous types of work prohibited for young persons under 18 years of age. The Committee reiterates its requests to the Government to provide information on the application in practice of Decree No. 2011-029, particularly statistics on the number and nature of violations reported and penalties imposed for the engagement of children under 18 years of age to hazardous work.