Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 138) sur l'âge minimum, 1973 - Bénin (Ratification: 2001)

Article 2, paragraphs 1 and 4, of the Convention. 1. Scope of Application. The Committee observed previously that the provisions of the Labour Code and the texts issued thereunder are not to be applied to labour relations in the informal economy or to work performed by a child on her or his own account, except where the parties so decide. It noted that, according to an activities report of the ILO/IPEC project for the abolition of child labour in Benin of July 2003, the informal economy is in full expansion, with young workers engaged mainly in the following sectors: artisanal activities (three-quarters of boys); informal trading; popular street food outlets; domestic work; and minor street jobs (hawkers and washing cars or motorcycles). Moreover, according to this ILO/IPEC activities report, the labour inspectorate encounters many difficulties in intervening in the informal economy, where child labour essentially occurs. The Government indicated that surprise inspections are carried out in hairdressing, dressmaking and mechanical workshops to ascertain that they are in compliance with the legislation in force, and particularly the existence of an apprenticeship contract and the age of the apprentice. The Committee observed that the measures adopted only appear to concern child apprentices and requested the Government to envisage the possibility of extending this action to the various sectors in which children are engaged in economic activities, including the informal economy and own-account work.

In its report the Government indicates that, in addition to the informal economy, the labour inspectorate is increasingly extending its action into other sectors of the national economy. For example, in 2007 and 2008, inspections were carried out in gravel and clay quarries in Mono-Couffo and among tin craft workers in the market of Gbogbanou in Cotonou, where child workers were identified. Furthermore, action is being taken for their social reintegration. The Committee takes due note that the Government has extended the activities of the labour inspectorate to other sectors of the national economy. The Committee requests the Government to continue its efforts and to take the necessary measures to offer the protection envisaged by the Convention to all children, particularly through labour inspection activities in the various sectors in which children are engaged in economic activity, and particularly the informal economy and own-account work. It requests the Government to provide information in this respect.

2. Minimum age for admission to domestic work. In its previous comments, the Committee asked the Government to provide information on the measures adopted or envisaged to explicitly set out in the national legislation a minimum age of 14 for admission to domestic work, irrespective of whether the work is performed on a full- or part-time basis. The Committee notes the Government’s indication that this issue was taken into account in the study on the conformity of labour legislation in Benin with the ILO’s fundamental Conventions carried out with the technical assistance of ILO/PAMODEC (hereinafter the study on the conformity of labour legislation in Benin). Following this study, new legislative texts have been prepared and will be examined by the National Labour Council. The Committee takes due note that the study on the conformity of labour legislation in Benin proposes the adoption of an order to amend section 1 of Order No. 26/MFPTRA/DC/SGM/SRT of 4 April 1999 determining the general conditions for the employment of domestic workers in the Republic of Benin (hereinafter Order No. 26 of 4 April 1999) and to add a third clause prohibiting the employment of children of either sex under the age of 18 years in domestic work. The Committee expresses the firm hope that, in the context of the procedure for the adoption of the new legislative texts, further to the study on the conformity of labour legislation in Benin, the Government will specify a minimum age for admission to domestic work. It requests the Government to provide information on the measures adopted in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted previously that, in its concluding observations of October 2006, the Committee on the Rights of the Child, while noting with appreciation the various efforts undertaken by the Government, including the adoption of the national plan of action entitled “Education for All” and the Ten-Year Development Plan for the Education Sector, expressed concern, among other matters, at the high illiteracy rate, the large number of school drop-outs and the low transition rate to secondary school (CRC/C/BEN/CO/2, paragraph 61). The recommendations made by the Committee on the Rights of the Child to the Government included: taking measures to ensure that primary education is free and to prevent children dropping out of primary education; and paying specific attention to gender, socio-economic and regional disparities in access to education (CRC/C/BEN/CO/2, paragraph 62).

The Committee notes that, according to the Education for All Global Monitoring Report 2008, published by UNESCO and entitled Education for All by 2015: Will we make it? Benin has a high chance of achieving the objective of universal primary enrolment by 2015. Moreover, Benin has increased its net enrolment ratio in primary education by over 20 per cent, achieving the figure of around 78 per cent in 2005. Furthermore, the Government has implemented a programme on education and child protection. The Committee of Experts however, notes that, according to this report, the country is at risk of not achieving the objective of gender parity in primary and secondary education, to the detriment of girls. Moreover, the Committee notes that, according to UNICEF’s 2006 statistics, the attendance rate at primary school is 47 per cent for girls and 60 per cent for boys, and at secondary school it is 12 per cent for girls and 19 per cent for boys.

The Committee notes the information provided by the Government on the measures it has taken to improve the education system, and particularly to increase school attendance rates and prevent the overcrowding of classes. New teachers have been recruited and trained, classrooms have been constructed and equipped and compulsory primary education has been made free of charge. While noting the progress achieved in terms of school attendance, the Committee expresses concern at the low rate of school attendance at both primary and secondary school and at the disparity between the two sexes, to the detriment of girls. It observes that poverty is one of the primary causes of child labour and that, when combined with a deficient education system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures taken in the context of the programme on education and the protection of the child to increase the school attendance rate at both primary and secondary school so as to prevent children under 14 years of age from working and to reduce the disparity between the two sexes in access to education, with special attention being paid to girls. The Committee requests the Government to provide information on the results achieved. Finally, the Committee once again requests the Government to provide a copy of the texts determining the organization of the school system and the age of completion of compulsory schooling.

Article 3, paragraph 3. Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that, under the terms of sections 15, 16 and 18 of Inter-Ministerial Order No. 132 of 7 November 2000, young workers over 16 years of age may be engaged in certain types of work. It also noted that under section 169(2) of the Labour Code, a young worker may not be maintained in work which is recognized as being beyond her or his strength and must be assigned to suitable work. The Committee further noted that, in accordance with Order No. 054 /MFPTRA/DC/SGM/DT/SST determining the conditions under which initial medical examinations are undertaken upon recruitment, regular examinations, examinations upon returning to work and spontaneous medical examinations, workers under 18 years of age have to undergo compulsory medical examinations. According to the Government, as a result of the above, workers under 18 years of age benefit, in the context of this Order, from specific protection in relation to their job. The Committee observed that, although the first requirement established by this provision of the Convention, namely the protection of the health, safety and morals of young persons between the ages of 16 and 18 years who are authorized to perform hazardous types of work is met, the second requirement, namely that young persons aged between 16 and 18 years of age have received adequate instruction or vocational training, does not appear to be taken into account in the national legislation.

The Committee notes the Government’s indication that the Directorate of Occupational Health is due to submit a new Bill in the near future to the National Occupational Safety and Health Commission to take this issue into account. The Committee expresses the firm hope that the new legislative text will be submitted rapidly to the National Occupational Safety and Health Commission and that it will contain provisions requiring that young persons between 16 and 18 years of age authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on any progress achieved in this respect.

Article 6. Apprenticeship. The Committee noted previously that child apprentices under 14 years of age work in the informal economy, and particularly in the informal artisanal economy. It also noted that, according to the ILO–IPEC report of April 2006 on the project for the removal and initial vocational training of 100 children between 13 and 15 years of age exploited in carpentry workshops, sawmills, vehicle repair, welding and hairdressing in the town of Porto-Novo, there are 23,782 child apprentices in the country under 14 years of age, of whom 14,460 are boys and 9,322 are girls. Of these, 4,827 are apprentice mechanics, 1,686 are apprentice electricians/welders and an unspecified number (particularly girls) are apprentice hairdressers. It noted that the objective of the project is to remove from the premises of the apprenticeship children who have been admitted at too early an age with a view to preparing them to return to their apprenticeship or to take up other training. The Committee requested the Government to provide information on the results achieved in the context of the implementation of the ILO–IPEC project. In its report, the Government indicates that the ILO–IPEC project on the removal and initial vocational training of children between 13 and 15 years of age exploited in carpentry workshops, sawmills, vehicle repair, welding and hairdressing in the town of Porto-Novo has been completed. The Committee notes with interest that in the context of this project, 117 children were removed from places of apprenticeship, instead of the 100 initially envisaged. It further notes that, of these 117 children, 29 very young children were returned to school and 88 benefitted from theoretical pre-apprenticeship training. The Committee requests the Government to continue its efforts to remove these children from places of apprenticeship and requests it to provide information on the results achieved, and particularly the number of children who are in practice removed from places of apprenticeship.

Article 7, paragraphs, 1, 3 and 4. Admission to light work and determination of these types or work. In its previous comments, the Committee noted that under section 1 of Order No. 371 of 26 August 1987 derogating from the minimum age for admission to employment of young persons (hereinafter Order No. 371 of 26 August 1987), a young person aged between 12 and 14 years may be employed in domestic work and light work of a temporary or seasonal nature, with light work being prohibited at night (that is, between 8 p.m. and 8 a.m.) on Sundays and public holidays, and from exceeding four-and-a-half hours a day. The Committee reminded the Government that, under the terms of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment or work of persons 12 to 14 years of age on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalled that, under the terms of Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work on light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. In this respect, the Government indicated that provisions in the draft Code for the Protection of the Child will be devoted to child domestic workers and that the determination of light work has been taken into account in the context of the draft text to bring the national legislation into conformity with international labour Conventions.

The Committee notes the Government’s indication that the draft Code for the Protection of the Child has been submitted to the Supreme Court for its opinion and that it will then be submitted to the National Assembly for adoption. It also notes that new Bills will soon be submitted to the National Assembly. The Committee expresses the firm hope that the draft Code for the Protection of the Child and the other Bills will be adopted as soon as possible and that they will give effect to Article 7 of the Convention. It requests the Government to provide information on the progress achieved in this respect.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the information contained in ILO/IPEC reports on the progress achieved in the context of the project entitled “National child labour surveys in selected countries”, the National Institute of Statistics and Economic Analysis (INSAE) in collaboration with IPEC/SIMPOC, undertook a study between December 2006 and January 2007 on the size and nature of child labour and the conditions of work and schooling of children in the country. This study is also intended to contribute to the development of a database on child labour. However, the Committee notes that, according to the available information in ILO/IPEC, the study is still being carried out in the country. The Committee requests the Government to provide information on the national study on child labour as soon as it is completed and to provide a copy of the study. It also requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, extracts from reports and indications of the number and nature of the violations reported.