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

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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.

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Article 2(1) and (3) of the Convention. Minimum age for admission to employment or work and age of completion of compulsory schooling. Further to its previous request to indicate clearly the age of completion of compulsory schooling, the Committee notes the Government’s indication in its report that, according to section 13 of the Act No. 90-32 establishing the Constitution of the Republic of Benin of 11 December 1990, primary education shall be compulsory. The Government further indicates that, pursuant to section 113 of the Act No. 2015-08 issuing the Children’s Code in Benin of 2015, schooling is compulsory from nursery level to the end of primary school. The Government points out that the duration of education at primary school lasts until the age of 14 years, which is the minimum age for admission to employment, according to section 166 of the Labour Code of 1998.

The Committee, however, observes that, pursuant to section 24 of the Act on the Orientation of National Education No. 2003-17 of 2003, the usual duration of primary education is six years and it begins for children approximately at the age of four and a half years. Furthermore, the Committee also previously referred to the 2014 Multiple Indicator Cluster Survey (MICS) indicating that, in principle, children attend secondary school from the age of 12 years. The Committee therefore observes that in Benin, the age of completion of compulsory education is lower than the minimum age for admission to employment or work. In this respect, in its 2012 General Survey on fundamental conventions, paragraph 371, the Committee observed that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children. The Committee further notes that, according to the data of the United Nations Children’s Fund (UNICEF), in Benin, completion rates for children of primary school age was 48 per cent in 2018. The Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 2020, expressed concern that many pupils drop out before having completed their primary schooling and about the high level of inequality in primary school completion between boys and girls (63.51 per cent and 56.85 per cent) (E/C.12/BEN/CO/3, paragraph 45). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment, attendance and completion rates for children under 14 years, paying special attention to girls. The Committee also strongly encourages the Government to consider raising the age of completion of compulsory education to coincide with that of the minimum age for admission to employment or work.

Articles 6 and 9(1). Apprenticeships and penalties. In its previous comments, the Committee noted the cases recorded by the Departmental Service for Further Training and Apprenticeships of non-compliance with the minimum age required for apprenticeships. The Committee also noted the reluctance of artisanal employers to provide the information requested by the inspection teams and that these teams rarely managed to meet the employers in order to raise their awareness. In this respect, the Government indicated that it was taking action to ensure that effective penalties constituting an adequate deterrent were imposed in practice on artisanal employers who admitted children under 14 years of age to apprenticeship centres.

The Committee notes the Government’s indication that labour inspectors have identified cases of non-compliance with the minimum age for admission of children to an apprenticeship, non-endorsement of apprenticeship contracts by labour inspectors, use of apprentices in tasks that do not fall within their training, and use of corporal punishment by artisanal employers. The Committee also observes that, according to the 2020 report on labour statistics of the Ministry of Labour and Public Service, in 2020, most of the children (87.44 per cent) identified in child labour by labour inspectors were apprentices. The Government further indicates that penalties established for the violation of the national legislation on employment of children are not dissuasive enough and that it will be taken into account during the review of the Labour Code of 1998. The Government, however, indicates that the situation with a high proportion of children under 14 years of age in apprenticeship has changed due to the active involvement of the Ministry of Labour and Public Service and the UNICEF. In particular, the Committee welcomes the measures undertaken in 2019-2020 to eliminate child labour in the apprenticeship sector, such as the creation and operationalization of departmental services to combat child labour as well as the undertaking of various awareness-raising campaigns and trainings on child protection at work for artisanal employers. The Government points out that as a result of the undertaken measures, the number of children under 14 years of age in apprenticeships has decreased. The Committee requests the Government to continue its efforts to ensure that children under 14 years of age are not admitted to an apprenticeship in practice. It further requests the Government to ensure that effective penalties constituting an adequate deterrent are applied for violations of the provisions regarding the minimum age of 14 years for admission to an apprenticeship. Lastly, the Committee requests the Government to continue to provide information on the number and nature of violations reported and penalties imposed in this respect.

Article 7(1), (3) and (4). Admission to light work and determination of such work. In its previous comments, the Committee noted that the 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 Government further indicated that the National Labour Council had approved a draft order amending Order No. 371, with a view to raising the minimum age for the admission of children to light work and that it was planned to determine the types of light work.

The Committee notes the Government’s indication that the amendment of Order No. 371 and the adoption of the list of light work are scheduled for 2021. The Committee once again firmly hopes that the amendment of Order No. 371 and adoption of the list of types of light work will be undertaken 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.

Labour inspection and application of the Convention in practice. In its previous comments, the Committee noted with concern the high number of child labour in Benin, including under hazardous conditions and in the informal sector. In particular, according to the 2014 MICS, 53 per cent of children between 5 and 17 years of age were involved in child labour and 40 per cent of them were working under hazardous conditions. The Committee also noted that the database on the child labour monitoring system (SSTEB) installed in five departmental directorates was not operational.

The Committee notes the Government’s indication that, according to the Demographic and Health Survey carried out by the National Institute of Statistics and Economic Analysis, in 2018, 33 per cent of surveyed children between 5 and 17 years of age were engaged in child labour. Most of these children were children between 12 and 14 years (40 per cent), were from rural areas (40 per cent), and from poor families (47 per cent). The Government further indicates that the SSTEB has been integrated into a database “Integrated System for the Collection and Publication of Labour Statistics” (SIRP-STAT). The Committee notes with interest that, since 2017, the Ministry of Labour and Public Service produces annual reports on labour statistics, which contain a chapter on child labour. In particular, the 2020 report on labour statistics indicates that the number of children identified by labour inspectors as engaged in child labour doubled between 2019 and 2020, from 1,328 to 2,836. The 2020 report also indicates that more than half of the identified children were girls (56 per cent). The Government indicates that most of the cases of child labour have been identified in the informal economy, particularly in markets, craft trades, and construction sector. The 2020 report indicates that 963 awareness-raising sessions on the fight against child labour were carried out, which included 2,825 participants. Given that the number of children under 14 years of age engaged in child labour remains high, the Committee strongly encourages the Government to pursue its efforts to prevent and progressively eliminate child labour in the country, including in construction sector. It also requests the Government to continue 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 in the informal economy. To the extent possible, this information should be disaggregated by gender and age.

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

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Article 2(1) of the Convention. Scope of application. Informal economy. In its previous comments, the Committee noted that sections 2 and 166 of the Labour Code prohibit work by children under 14 years of age in enterprises when it is performed for and under the direction of an employer. It also noted that the provisions of the Labour Code and the texts issued thereunder are not intended to be applied to labour relations in the informal economy, except where the parties so agree.

The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 2016, expressed concern at the increasing number of children working in the informal sector despite the legal prohibition on work under 14 years of age. The CRC also expressed concern that no complaints or formal penalties had been recorded against persons obliging children under 14 years of age to work (CRC/C/BEN/CO/3-5, paragraph 62). The Committee requests the Government to indicate the steps taken to ensure that children under 14 years of age who are working in the informal economy are afforded the protection established by the Convention. The Committee also requests the Government to indicate the steps taken in practice to ensure that no exceptions to the minimum age for admission to employment or work are allowed.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of such types of work. In its previous comments, the Committee noted that Decree No. 2011-029 issuing the list of hazardous types of work in the Republic of Benin was adopted on 31 January 2011. This Decree contains a detailed list of hazardous types of work prohibited for young persons under 18 years of age. The Committee asked the Government to provide information on the application of Decree No. 2011-029, including the number and nature of violations regarding young persons engaged in hazardous work.

The Committee notes the Government’s indication in its report that Decree No. 2011-029 is generally well applied. However, statistical information on the number and nature of violations regarding young persons engaged in hazardous work is still not available. The Government undertakes to send this information to the Committee once it is available. The Committee once again requests the Government to provide information on the application in practice of Decree No. 2011-29 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.

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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.

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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.

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Article 3(1) and (2). Minimum age for admission to hazardous work and determination of such types of work. In its previous comments, the Committee noted that the draft decree establishing the list of hazardous types of work prohibited for young persons under 18 years of age – including domestic work – was approved by the National Labour Council during its June 2010 session and was transmitted to the Government for adoption.

The Committee notes with satisfaction that Decree No. 2011-029 establishing the list of hazardous types of work in the Republic of Benin was adopted on 31 January 2011. The Decree contains a detailed list of types of work that are considered too dangerous for young persons under 18 years of age and are therefore prohibited. Such work includes metal construction work, sheet metal work, tinplate work, carpentry, agriculture, stockbreeding, fishing, commerce, transport, stone-crushing and stone-cutting, small-scale gold mining, hairdressing and domestic work. The Committee requests the Government to provide information on the implementation of Decree No. 2011-029, including the number and nature of violations regarding young persons engaged in hazardous work.

Articles 6 and 9(1) of the Convention. 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, according to sections 298–308 of the Labour Code, be liable to a fine and imprisonment.

The Committee notes the information sent by the Government in the reports on inspections conducted in workshops in 2013 and 2014. According to these reports, the Departmental Service for Further Training and Apprenticeships conducted inspections in the city of Porto-Novo (2013) and the department of Borgou-Alibori (2014). As a result of these inspections, cases of non-compliance with the minimum age required for apprenticeships were recorded, with children between 9 and 12 years of age discovered working as apprentices in workshops. The Committee also notes the Government’s indications that the inspections carried out by the Departmental Service for Further Training and Apprenticeships recorded precarious working conditions for children in workshops and apprenticeship centres, failure to pay apprentices and corporal punishment to which they may be subjected.

However, the Committee notes the information contained in the reports of workshop inspections conducted in 2013 and 2014, which indicate that employers in artisanal workshops are reluctant to provide the information requested by the inspection teams and that these teams rarely manage to meet these employers in order to raise their awareness. Moreover, the inspectors report that they focus on dialogue and awareness raising rather than the application of penalties. Even though dialogue and awareness raising are important resources in the prevention and elimination of child labour, the Committee recalls that Article 9(1) of the Convention requires the competent authority to take all necessary measures, including appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that effective penalties constituting an adequate deterrent are applied in practice for violations of the provisions relating to the minimum age of 14 years for admission to an apprenticeship. The Committee requests the Government to provide information in this respect and on the number and nature of penalties imposed in practice.

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

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Article 2(1) and (4) of the Convention and Part III of the report form. Scope of application and labour inspection. The Committee previously observed that the provisions of the Labour Code and its implementing regulations do not apply to labour relations in the informal economy or to work performed by a child on a self-employed basis, except where the parties so decide. It noted that, according to the July 2003 activity report on the ILO–IPEC project on the abolition of child labour in Benin, employment in the informal sector is expanding rapidly. In addition, according to the report, it is extremely difficult for the labour inspectorate to intervene in the informal sector, where most child labour occurs. The Government indicated that random inspections are carried out in hairdressing, dressmaking and mechanical workshops to check whether they are observing the legislation in force, particularly as regards the existence of an apprenticeship contract and the age of the apprentice. It also indicated that the labour inspectorate is increasingly extending its action from the informal economy to other sectors of the national economy.

The Committee notes the Government’s information to the effect that labour inspectors visit workshops where children are employed as apprentices and also sites where the small-scale exploitation of gravel and granite quarries takes place. Moreover, according to the Government, inspectors raise the awareness of workshop bosses, operators and other persons with regard to the damaging effects of child labour. The Committee encourages the Government to pursue its efforts to adapt and strengthen the labour inspection services so that children who are working on a self-employed basis or in the informal sector enjoy the protection afforded by the Convention. It requests the Government to supply information on the number and nature of violations reported by labour inspectors in the course of their duties involving children below the minimum age for admission to employment who are working on a self-employed basis or in the informal sector.

Article 2(1) and (4). Minimum age for admission to domestic work. In its previous comments the Committee asked the Government to supply information on the measures taken or contemplated with a view to explicitly establishing in the national legislation a minimum age for admission to domestic work, regardless of whether the work is performed on a full- or part-time basis.

The Committee notes with interest the information supplied by the Government indicating that domestic work has been included in the list of hazardous types of work prohibited for young persons under 18 years of age. It notes that the draft decree establishing this list was approved by the National Labour Council during its June 2010 session and has been transmitted to the Government for adoption. The Committee expresses the hope that the draft decree establishing the list of hazardous types of work which prohibits domestic work for young persons under 18 years of age will be adopted in the near future. It requests the Government to continue to supply information on the progress made in this respect.

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of October 2006, while noting with satisfaction 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, inter alia, 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 CRC 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 noted the measures taken by the Government to improve the education system, 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.

The Committee notes the Government’s indications that the measures taken to improve the functioning of the education system and enhance gender equality include the allocation of allowances to schools, the setting up of the Directorate for the Promotion of Schooling for Girls and the provision of school kits and scholarships for girls in at-risk categories. The Committee notes that, according to UNICEF statistics for 2003–08, the net primary school attendance rate has increased but remains lower for girls (62 per cent compared with 72 per cent for boys). The same applies to secondary education, where the net attendance rate is 27 per cent for girls and 40 per cent for boys. The Committee further notes that, according to the 2010 Education for All Global Monitoring Report published by UNESCO and entitled Reaching the Marginalized, Benin is one of the countries which have made the most rapid progress in primary education and has a good chance of achieving the objective of universal primary education by 2015 on the basis of current trends. However, according to the same report, it will be difficult to maintain this trend since the rapid growth in numbers has resulted in new challenges for education policy, including increasing the completion rate for primary education and reducing regional disparities in access to education. While duly noting the measures taken by the Government to improve the functioning of the education system in the country, the Committee encourages the Government to pursue its efforts and requests it to take steps to increase the completion rate in primary education and reduce regional disparities in access to basic education in order to prevent children under 14 years of age from engaging in work. Moreover, it requests the Government to continue to supply information on the measures taken and the results achieved, particularly by the Directorate for the Promotion of Schooling for Girls, in terms of achieving gender equality. Finally, the Committee again requests the Government to supply a copy of legislative texts establishing the structure of the school system and the age of completion of compulsory schooling.

Article 3(3). Admission to hazardous types of work from the age of 16 years. Further to its previous comments, the Committee notes the Government’s indication that the draft legislation designed to ensure that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, will soon be submitted to the National Occupational Safety and Health Council. The Committee again expresses the strong hope that this new legislative text will be submitted to the National Occupational Safety and Health Council as soon as possible and that it will contain provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to continue to supply information on all progress made in this respect.

Article 6. Apprenticeships. In its previous comments the Committee noted that, according to the April 2006 ILO–IPEC report 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. It noted with interest that, in the context of this project, 117 children were removed from places of apprenticeship, instead of the 100 initially envisaged. In addition, of these 117 children, 29 very young children were returned to school and 88 received theoretical pre-apprenticeship training. The Committee noted that the project had been completed and asked the Government to continue its efforts to withdraw children from these places of apprenticeship and supply information on the results achieved. Noting the lack of information in the Government’s report on the measures taken to withdraw child apprentices under 14 years of age from work in the informal sector, the Committee again requests the Government to supply information on the measures taken or contemplated, and also on the results achieved in terms of the number of children actually withdrawn from places of apprenticeship.

Article 7(1), (3) and (4). Admission to light work and determination of these types of work. With reference to its previous comments, the Committee notes the Government’s indication that the National Labour Council approved a draft order amending Order No. 371 of 26 August 1987 issuing exemptions from the minimum age for admission to employment for children during its June 2010 session. According to the Government, this Order increases the minimum age for the admission of children to light work. The Committee also notes that the draft Child Protection Code has been transmitted to the Supreme Court for opinion.

The Committee reminds the Government that, under the terms of Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of children between 12 and 14 years of age in light work or their performance of such work provided that the work concerned 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 or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that, under the terms of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or 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. The Committee again expresses the strong hope that the draft order amending Order No. 371 and also the draft Child Protection Code will be adopted as soon as possible and that their provisions will be in conformity with Article 7 of the Convention. It requests the Government to continue to supply information on progress made in this respect.

Part V of the report form. Further to its previous comments, the Committee notes the results of the 2008 national survey on child labour in Benin, conducted by the National Institute of Statistics and Economic Analysis (INSAE) in cooperation with IPEC/SIMPOC. It notes that, according to this survey, one in three children (34 per cent) between 5 and 17 years of age engage in economic activity and nearly 24 per cent work under hazardous conditions (69.3 per cent of children engaging in economic activity). Nearly 30 per cent of children in the 5–11 age group work, and two-thirds of these (20 per cent) are obliged to engage in hazardous work. The majority of children involved in economic activity work in agriculture (70.2 per cent of the 5–11 age group and 63.9 per cent of the 12–13 age group) and in services (18.2 per cent of the 5–11 age group and 23.6 per cent of the 12–13 age group). The results of the survey show that the proportion of children working in agriculture decreases as the age of the children increases, which means that children between 5 and 11 years of age are more numerous in this sector than children from other age groups. The vast majority of children in agriculture are unpaid workers in family undertakings (90.8 per cent of the 5–11 age group and 80.9 per cent of the 12–13 age group). Data contained in the study show that the degree of involvement in the work increases with age. Accordingly, children aged 12 or 13 years who do not attend school work an average of 37 hours per week compared with 18 hours for children who combine school and work. Furthermore, regardless of the age group, the school attendance of children engaging in economic activity is less than that of children who do not work. The percentage of working children who attend school varies from 64 per cent for the 6–11 age group to 59 per cent for the 12–13 age group. As regards the reasons put forward for not attending school, the survey shows that boys often speak of the long distance from school while girls focus on their inability to pay school fees and their lack of interest in school. While duly noting the efforts made by the Government to bring its legislation into conformity with the Convention, the Committee expresses its concern at the high number of children who are working in Benin and whose age is below the minimum age for admission to employment or work, and also at the high proportion of such children who are working in hazardous conditions. It encourages the Government to redouble its efforts to improve the situation of child labour in the country and requests it to continue to supply information in its next report on the application of the Convention in practice, including extracts from inspection reports showing the number and nature of violations reported and the penalties imposed.

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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.

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The Committee notes the Government’s indication that consideration is currently being given to the adoption of a Code for the Protection of the Child. The draft Code would include provisions on the protection of child domestic workers, commonly known as vidomègon, child apprentices and children used in commerce. The Committee hopes that the Government will take the necessary measures to include the various matters referred to above in the draft Code for the Protection of the Child and requests it to provide information on any further development in this respect.

Article 2, paragraphs 1 and 4, of the Convention. 1. Scope of application of the Convention. In its previous comments, the Committee noted that section 166 of the Labour Code, read in conjunction with section 2, prohibits work by children under 14 years of age in enterprises when it is performed for and under the direction of an employer. It also noted that the provisions of the Labour Code and the texts issued thereunder are not intended 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 desire. In this respect, the Committee noted that, according to the 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). The Committee also noted that, according to the activities report of the ILO/IPEC national project for Benin of July 2003, the labour inspectorate encounters many difficulties in intervening in the informal economy where most child labour occurs.

The Committee notes the information provided by the Government in its report to the effect 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, the age of the apprentice and the health and safety conditions in the workshop. According to the Government’s indications, a large number of national actors involved in the protection of children in Benin are associated with the implementation of this project. Furthermore, in relation to the strengthening of the action of labour inspectors, the Ministry of Labour organized an information and exchange seminar on international labour Conventions on child labour. While taking due note of the efforts made by the Government to improve the action of labour inspectors, the Committee observes that the measures adopted only appear to concern child apprentices. The Committee would be grateful if the Government would envisage the possibility of extending the strengthening of this action to the various sectors of the economy in which children are engaged in economic activity in the informal sector or on their own account and accordingly to ensure the protection envisaged by the Convention for all children. It requests the Government to provide information in this respect.

2. Minimum age for admission to domestic work. The Committee previously requested the Government to indicate the measures adopted or envisaged to explicitly set out in the national legislation a minimum age of 14 years for admission to domestic work. In its report, the Government indicates that in setting the age for admission to employment at 14 years the national legislation does not make a distinction between domestic work and other sectors of activity. The age of 14 years laid down in the Labour Code is common to all sectors, including domestic work. Order No. 371 of 26 August 1987 derogating from the minimum age for admission to employment also covers children engaged in domestic work. While noting the Government’s indications, the Committee observes once again that under section 166 of the Labour Code the minimum age for admission to work of 14 years only applies to work carried out in an enterprise. However, children engaged in domestic work perform their work in a private house. The Committee once again requests the Government to provide information on the measures adopted or envisaged to explicitly set out in the national legislation a minimum age of 14 years for admission to domestic work, irrespective of whether the work is performed on a full-time or half-time basis.

3. Minimum age for admission to the merchant navy and sea fishing. With reference to its previous comments, the Committee takes due note that the age referred to in section 7 of Act No. 98-015 of 12 May 1998 issuing the general conditions of service of seafarers is 18 years.

Article 2, paragraph 3. Age of completion of compulsory schooling. With reference to its previous comments, the Committee notes that in its concluding observations of 20 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, overcrowding in classrooms and the low transition rate to secondary school (CRC/C/BEN/CO/2, para. 61). The recommendations made by the Committee on the Rights of the Child to the Government included: taking all appropriate measures to ensure that primary education is free, both in terms of direct and indirect costs, and taking measures to prevent children from dropping out of primary education; paying specific attention to gender, socio-economic and regional disparities in access to and full enjoyment of the right to education, including by introducing specific measures to ensure that children from economically disadvantaged households are not excluded and have equal opportunities; and continuing to take measures to increase enrolment rates in secondary education and technical and vocational training. The Committee of Experts considers that compulsory schooling is one of the most effective means of combating child labour. Consequently, with a view to preventing child labour, the Committee hopes that the Government will take the necessary measures to give effect to the recommendations of the Committee of the Rights of the Child and requests it to provide information on the measures adopted or envisaged to raise school attendance and reduce the school drop-out rate. It also requests the Government to indicate the manner in which compulsory schooling is monitored in practice and to provide information on school enrolment and attendance rates. Furthermore, the Committee requests the Government to provide copies of the texts determining the organization of the school system and the age of completion of compulsory schooling.

Article 3, paragraph 2. Determination of hazardous types of work. With reference to its previous comments, the Committee notes the Government’s indication that Inter-Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 7 November 2000, establishing the nature of the types of work and the categories of enterprises prohibited for women, pregnant women and young persons, and the age limit to which the prohibition applies [hereinafter, Inter-Ministerial Order No. 132 of 7 November 2000] was adopted following consultation of the National Labour Council (CNT), a tripartite national body within which, in addition to government departments, there are members representing employers’ and workers’ organizations and all discussion on labour matters are held.

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 certain provisions of Inter-Ministerial Order No. 132 of 7 November 2000 (sections 15, 16 and 18), young workers over 16 years of age may be engaged in certain types of work. It noted that a general protection measure is contained in section 3 of the Inter-Ministerial Order, providing that any person responsible for an establishment or enterprise shall ensure that the work entrusted to a young worker is commensurate with her or his strength. The Committee also noted that, under section 169(1) of the Labour Code, the labour inspector may require the examination of young workers by an approved doctor with a view to ascertaining whether the work entrusted to them exceeds their strength. Furthermore, under the terms of 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.

In its report, the Government indicates that workers under 18 years of age have to undergo compulsory medical examinations in accordance with Order No. 054/MFPTRA/DC/SGM/DT/SST determining the conditions under which medical examinations are undertaken upon recruitment, regular examinations, examinations upon returning to work and spontaneous medical examinations. The occupational physician relates the outcome of the medical examination to the assessed conditions of the job to which the person concerned is or will be assigned with a view to proposing individual or collective measures for the worker. According to the Government, workers under 18 years of age therefore benefit, under the terms of this Order, from specific protection in relation to their job. Although it considers that the 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 Committee observes that the requirement that young persons aged between 16 and 18 years of age have received adequate specific instruction or vocational training in the relevant branch of activity does not appear to be taken into account in the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure 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. It also requests the Government to provide a copy of Order No. 054/MFPTRA/DC/
SGM/DT/SST.

Article 6. Apprenticeship. The Committee noted previously that child apprentices under 14 years of age work in the informal economy, and particularly in the artisanal informal economy. The Government indicated in this respect that supervision needed to be strengthened in that sector. The Committee noted that, according to the report of the programme of action of the pluri-disciplinary health team on child labour in the informal economy in Cotonou, a high number of apprentices were aged between 6 and 13 years and were the victims of many industrial accidents (62 per cent of them). The report also indicated that nearly one-half of these children were not paid and worked all week, without having acceptable conditions of work.

In its report, the Government indicates that supervision by labour inspectors is carried out, on the one hand, when examining the contract, which may be rejected where the child has not reached the age of 14 years required by the Labour Code and, on the other, during inspections which are increasingly being extended to the informal economy, including the artisanal informal economy, as well as construction and public works. The Committee notes that, according to the ILO/IPEC report of April 2006 on the project for the removal and initial vocational training for 100 children between 13 and 15 years of age exploited in carpentry workshops, saw mills, 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, or whom 14,460 are boys and 9,322 are girls. Of these, 4,827 are apprentice mechanics, 1,686 apprentice electricians/welders and an unspecified number (particularly girls) are apprentice hairdressers. It notes that the objective of the project is to remove from the premises of the apprenticeship children who have been admitted too young with a view to preparing them for returning to their apprenticeship or taking up other training. The Committee requests the Government to provide information on the results achieved in the context of the implementation of the above ILO/IPEC project with an indication, among other information, of the number of children who are in practice removed from the premises of their apprenticeship.

Article 7, paragraphs 1 and 4. Admission to light 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.), Sundays and public holidays, and may not exceed four and half hours a day. The Committee requested the Government to indicate the measures adopted or envisaged to ensure that domestic work performed by young persons between 12 and 14 years of age is not prejudicial to their health or development and also requested it to indicate the manner in which the school attendance of children working four and half hours a day is ensured.

In its report, the Government indicates that provisions of the draft Code for the Protection of the Child cover child domestic workers. The Committee reminds 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 or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee hopes that the Code for the Protection of the Child will take into account the principles recalled above and it requests the Government to provide information on any progress achieved in this respect.

Article 7, paragraph 3. Determination of light work. The Committee noted previously that Order No. 371 of 26 August 1987 authorizes, by derogation, the employment of young persons aged between 12 and 14 years in domestic work and light work of a temporary or seasonal nature. It requested the Government to indicate the measures adopted or envisaged to determine the activities in which employment or work may be permitted for persons aged 12 years and to provide examples of “light work of a temporary or seasonal nature” and the types of domestic work which may be performed by children aged between 12 and 14 years. The Committee notes the information provided by the Government to the effect that the determination of light work will be taken into account in the context of the project to bring the national legislation into conformity with international labour Conventions. Recalling 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, the Committee hopes that the Government will take into account the comments made above. It requests the Government to provide information on any progress achieved in the context of this project.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee expressed serious concern at the situation of children under 14 years of age and encouraged the Government to renew its efforts to progressively improve the situation. In this respect, it notes the information provided by the Government that it is concerned at the extent of the phenomenon of child labour and that it is collaborating with ILO/IPEC and UNICEF with a view to the abolition of child labour. For example, activities are being organized to recompense hairdressing, dressmaking and mechanical workshops, etc., which comply with the rights of the child with a view to raising support among master craft workers for compliance with the rights of the child. The Committee notes that, according to the information contained in the technical progress reports drawn up in the context of the ILO/IPEC 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 would also contribute to the development of a database on child labour. The Committee takes due note of the Government’s efforts for the abolition of child labour. The Committee therefore requests the Government to provide information on the national study on child labour conducted in the country. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice including, for example, extracts from reports and information on the number and nature of the contraventions reported.

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The Committee notes the information provided by the Government in its first and second reports. It also notes with interest that Benin ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 6 November 2001. The Committee notes that the Ministry responsible for labour signed a Memorandum of Understanding in 1987 with ILO/IPEC to combat child labour.

Article 2, paragraphs 1 and 4, of the Convention. 1. Scope of application of the Convention. The Committee notes that section 166 of the Labour Code, read in conjunction with section 2, prohibits work by children under 14 years of age in enterprises when it is performed for and under the direction of an employer. It also notes that the provisions of the Labour Code and the texts issued thereunder are not intended to be applied to labour relations in the informal economy, except where the parties so desire. However, the Committee observes that, according to an activities report on the IPEC-Benin project for the abolition of child labour in Benin of July 2003, the informal economy is in full expansion. Indeed, the informal economy accounts for nine-tenths of non-agricultural workers. The Committee also notes that, according to the survey report on children working in the cities of Cotonou, Porto-Novo and Parakou of 1999, the total number of working children between the ages of 5 and 14 in Benin was 485,000 in 1999. According to the same report, young workers are principally active 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). The Committee reminds the Government that the Convention covers all forms of employment or work, including own-account work. The Committee requests the Government to indicate the measures adopted or envisaged to extend the application of the Convention to work performed outside an employment relationship or in the informal economy.

2. Minimum age for admission to employment or work. Minimum age for admission to domestic work. The Committee notes the Government’s indications that the minimum age of 14 years for admission to employment applies to all sectors of activity, including domestic work. It also notes that the Government specified in the declaration appended to its ratification a minimum of 14 years for admission to employment or work. However, the Committee observes that section 1(2) of Order No. 026 of 14 April 1998 provides that intermittent personnel engage for a short period not exceeding 20 hours a week are not covered by the Order and are only subject to the stipulations of the parties. It also notes that section 166 of the Labour Code respecting the minimum for admission to work only applies to work carried out in an enterprise. The Committee accordingly notes that no text explicitly sets a minimum age for admission to employment of 14 years for household employees. Moreover, the Committee notes the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/3/Add.52, 4 July 1997, paragraphs 216-219), that it has been shown in a study that, out of 100,000 children in domestic works ("vidomégons"), 92 per cent are under 14 years of age (or which 20 per cent are under 10 years old) and 85 per cent are girls. The Committee also notes that the national IPEC-Benin programme plans research on domestic work by children. The Committee reminds the Government that Article 2 of the Convention is applicable to domestic work, including work performed by intermittent workers, and that the minimum age for admission to this activity must not be under 14 years, except for activities considered to be light work. The Committee therefore requests the Government to indicate the measures adopted or envisaged to explicitly set out in the national legislation a minimum age of 14 years for admission to domestic work. It also asks the Government to provide copies of research reports on domestic work by children.

Minimum age for admission to the merchant navy and sea fishing. The Committee notes that workers in the merchant navy and sea fishing are explicitly excluded from the scope of application of the Labour Code (section 2(2)). It also notes that section 7 of Act No. 98-015 issuing the general conditions of service of seafarers, of 12 May 1998, provides that the authorization of the parents or representative (legal guardian) is required for the recruitment of a seafarer under the age envisaged by the law. The Committee requests the Government to provide information on the age referred to in section 7 of Act No. 98-015 of 12 May 1998 issuing the general conditions of service of seafarers.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that article 13 of the Constitution provides that primary education is compulsory. It notes the Government’s indication in its report that the duration of primary education is six years and that it begins at the age of 5 for children who have been through nursery school and the age of 6 for others. The Committee requests the Government to provide copies of the texts setting out the organization of the school system and the age of completion of compulsory schooling.

The Committee notes the Government’s indication in its report to the Committee on the Rights of the Child that the obligation to attend school has been statutory since 1975, but has remained a pious hope (CRC/C/3/Add.52, 4 July 1997, paragraph 183). The Committee also notes that, according to the IPEC activities report of July 2003 on the project to abolish child labour in Benin, the gross school attendance rate has changed substantially over the past decade. From 60 per cent in 1992, it rose to 76 per cent in 1999 and 94 per cent in 2002. The gross rate of school attendance by girls rose from 43 per cent to 61 per cent over the same period. The net school attendance rate has also undergone constant improvement, rising from 48 per cent in 1992 to 63 per cent in 1998. The Committee also observes that the proportion of the state budget devoted to education, even though it still remains inadequate, has continued to rise. From 15 per cent in 1997, it is now 21 per cent. Nevertheless, the Committee notes that the ratio of pupils to teachers has deteriorated, falling from 40 in 1992 to 55 in 2001. The same progression can be seen for the literacy of persons aged over 15 years, which fell from 36.3 per cent in 1996 to 35.9 per cent in 2001. The Committee also notes that Circular No. 3532/MEN/CAB/DAPS/SA was adopted on 1 October 1993 to facilitate the access of girls to basic education. Under this Circular, girls are fully exempted from the payment of tuition fees in rural areas and benefit from a 50 per cent exemption in all secondary education establishments (CRC/C/3/Add.52, 4 July 1997, paragraph 50). The Committee encourages the Government to pursue its efforts in the field of education and to continue supplying information on developments in this situation in practice.

Article 3, paragraph 2. Determination of hazardous types of work. The Committee notes the Government’s indications that Inter-Ministerial Order No. 132 of 2000, issued under section 168 of the Labour Code, establishes the nature of the work and the categories of enterprises prohibited for women, pregnant women and young persons, and the age limit to which the prohibition applies. It notes that, under the terms of section 4 of Order No. 132 of 2000, a young worker is a person aged between 14 and 18 years. The Committee notes that the following types of work are prohibited for young workers under 18 years of age: (a) the transport of loads exceeding 40 kg by handcart (section 5(1)); (b) the transport of loads exceeding 130 kg on two-wheeled handcarts (section 5(3)); (c) transport on barrows or hand-trucks (section 5(4)); (d) work requiring the operator to walk on transmissions, mechanisms and machines incorporating moving parts for the purposes of monitoring or verification and maintenance operations, such as cleaning, polishing and greasing (section 12(1)); (e) the use of chisels or cutting machines other than those powered only by the operator (section 13(2)); (f) the driving of agricultural or forestry tractors not provided with guards against turning over and combine harvesters (section 14); (g) work relating to the maintenance and surveillance of pressurized vessels (section 17) or electrical installations (section 20); (h) work carried out at a height unless the aptitude of the young worker for such work has been medically certified (section 19); (i) the manufacture, handling or processing of certain hazardous substances (section 21); and (j) work underground in mines and quarries (sections 19 and 23). The Committee requests the Government to provide information on the consultations held with the organizations of workers and employers concerned for the determination of hazardous types of work, in accordance with Article 3, paragraph 2, of the Convention.

Article 3, paragraph 3. Admission of young persons to hazardous types of work from the age of 16 years. The Committee notes that, under the terms of Inter-Ministerial Order No. 132 of 2000, young workers over 16 years of age may be engaged in the following types of work: operating vertical wheels, winches or pulleys for the lifting of loads (section 15(1)); non-continuous work on machines operated by pedals and work in so-called "hand" occupations and presses of any nature operated by hand by the operator (section 15(2)); the operation of mowers and single-axle self-propelled vehicles in agricultural establishments and farms (section 16(1)); work in wells, gas ducts, chimneys, vats, tanks, cisterns, ditches and galleries, and the pruning of trees (section 16(2)); operators in charge of machinery for the production, storage or use of compressed, liquefied or dissolved gases (section 18); and operator in charge of vats, tanks, carboys or bottles containing inflammable, toxic, noxious or corrosive liquids, gases or vapours (section 18). It notes that a general protection measure is contained in section 3 of the Order providing that any person responsible for an establishment or enterprise shall ensure that the work entrusted to a young worker is commensurate with her or his strength. It also observes that, under the terms of section 169 of the Labour Code, the labour inspector may require the examination of young workers by an approved doctor with a view to ascertaining whether the work with which they are entrusted does not exceed their strength. 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 however notes that no precise conditions are set forth to guarantee the health, safety and morals of young persons carrying out hazardous types of work.

The Committee therefore reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, young persons as from the age of 16 years may be authorized to undertake hazardous types of work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. The Committee requests the Government to take the necessary measures to ensure that young persons as from the age of 16 years who carry out hazardous types of work have received adequate instruction in the relevant branch of activity and that their health, safety and morals are protected.

Article 6. Apprenticeship. The Committee notes that, under the terms of section 66 of the Labour Code, no one may be apprenticed unless they have reached the age of 14 years. It also notes the Government’s indication in its report that the minimum age for participation in competitions to enter industrial technical education and training establishments is 14 years. In agricultural training institutions, the minimum age for participation in entry competitions is 15 years. These ages are specified in each competition notice issued by the minister responsible for technical and vocational education. However, the Committee notes that, according to the Government’s indications in its report, children under 14 years of age are in apprenticeship in the informal economy, particularly in the artisanal informal economy. The Government states that supervision needs to be strengthened in this sector. The Committee also notes that, according to the report of the programme of action of the pluridisciplinary health team on child labour in the informal economy in Cotonou (March 1999), 72 per cent of apprentices were aged between 6 and 13 years in 1999 and that they were the victims of many industrial accidents (62 per cent of them). The report indicates that nearly one-half of these children are not paid and work all week, without having acceptable conditions of work. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure compliance in practice with the legislative provisions prohibiting the recruitment of children under 14 years of age as apprentices, including in the informal economy.

Article 7, paragraphs 1 and 4. Admission to light work. The Committee notes from the Government’s report that the national legislation does not take into account the exceptions envisaged in this Article. However, the Committee observes that Order No. 371 of 26 August 1987 derogates from the minimum age for admission to employment of young persons. Under section 1 of the Order, a young person aged between 12 and 14 years may be employed in domestic work and light work of a temporary or seasonal nature. The Committee notes that, when ratifying the Convention, the Government specified a minimum age of 14 years for admission to employment or work, in accordance with Article 2, paragraph 4, of the Convention. The Committee notes that a child aged 12 years has to obtain the explicit authorization of her or his parents or guardians to be able to work (section 3). This authorization may be withdrawn at any time by the competent labour services where it is proven that a child of under 14 years of age is assigned to work that is not commensurate with her or his strength (section 4). The Committee also notes that, under section 2 of Order No. 371 of 26 August 1987, no derogation from the minimum age for admission to employment may be granted if it is likely to be in violation of the legal provisions in force respecting compulsory schooling. The Committee further notes that light work is prohibited at night (that is, between 8 p.m. and 8 a.m.), on Sundays and public holidays, and may not exceed four-and-a-half hours a day.

The Committee reminds 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, provided that it 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 or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that domestic work performed by young persons aged between 12 and 14 years is not prejudicial to their health or development. The Committee also requests the Government to indicate the manner in which the school attendance of children working four-and-a-half hours a day is ensured.

Article 7, paragraph 3 Determination of light work. The Committee notes that Order No. 371 of 26 August 1987 authorizes, by derogation, the employment of young persons aged between 12 and 14 years in domestic work and light work of a temporary or seasonal nature. The Committee reminds the Government that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities which constitute light work. The Committee therefore requests the Government to indicate the measures adopted or envisaged to determine the activities in which employment or work may be permitted for persons aged 12 years. The Committee also requests the Government to provide a definition and examples of "light work of a temporary or seasonal nature" and the types of domestic work which may be performed by children aged between 12 and 14 years.

Article 8. Artistic performances. The Committee notes that, according to the information provided by the Government in its reports, the exception allowed by this provision of the Convention has not been used. While noting the absence of legislative provisions authorizing the participation of children under the general minimum age of 14 years in artistic performances, the Committee draws the Government’s attention to the possibility afforded by Article 8 of the Convention of the establishment of a system of permits in individual cases for children who have not reached the general minimum age for admission to employment for such purposes as participation in artistic performances, if such activities are carried out in practice. The Committee requests the Government to indicate whether children under 14 years of age in practice participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes that persons violating the provisions of the Labour Code or the Orders respecting the employment of children are liable, under sections 298 to 308 of the Labour Code, to a fine and a sentence of imprisonment. The Committee also notes that, according to the survey report on child labour in the cities of Cotonou, Porto-Novo and Parakou, some 485,000 children aged between 5 and 14 years worked in Benin in 1999. Around 10 per cent of these children are aged between 5 and 9 years. The Committee therefore requests the Government to indicate whether these violations of the legislation respecting child labour have been reported, and if so, whether penalties have been applied.

Parts III and V of the report form. The Committee notes that, under the terms of section 169 of the Labour Code and section 25 of Order No. 132 of 2000 establishing the nature of the types of work and categories of enterprises which are prohibited for young persons, labour inspectors may require the examination of young workers by an approved doctor with a view to ascertaining whether the work entrusted to them exceeds their strength. It also notes that, under section 274 of the Labour Code, labour inspectors decide upon their schedule and investigations at their own initiative. They may therefore enter freely and without prior notice at any hour of the day or night workplaces or enterprises liable to inspection by the competent labour services. Labour inspectors may also undertake any examination or inquiry which they consider necessary to satisfy themselves that the legal provisions are being strictly observed. They may also interrogate the employer or the staff and require the production of any document the keeping of which is prescribed by law. The Committee also notes that, under section 266 of the Labour Code, the labour administration has to draw up and publish an annual report of the activities of the inspection services under its control. Furthermore, the Committee notes that, according to the activity report of the national IPEC-Benin project, of July 2003, the labour inspectorate encounters many difficulties in intervening in the informal economy in which most child labour occurs. The Committee requests the Government to provide a copy of the annual report of the labour inspectorate. It also requests the Government to indicate the measures adopted or envisaged to strengthen the action of labour inspectors, particularly in the informal economy.

The Committee notes that, according to the Government’s report, no overall study has yet been made on the employment of children and young persons. The Committee nevertheless notes that the report of the survey on children working in the cities of Cotonou, Porto-Novo and Parakou undertaken by UNICEF provides figures on the magnitude of child labour in these three cities. It further notes that the action programme of the pluridisciplinary occupational health team for children in the informal economy in Cotonou, of March 1999, provides data on the number and frequency of work-related accidents occurring amongst apprentices, their age, occupation and job. The Committee therefore encourages the Government to undertake itself, or to seek international assistance to carry out other surveys throughout the territory with a view to establishing, for example, the number of working children, their age, occupations, the number of hours worked and the remuneration received. The Committee is seriously concerned over the situation of children under 14 years of age who are compelled to work. It strongly encourages the Government to renew its efforts to progressive improve the situation.

The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including, for example, extracts from reports and information on the number and nature of the contraventions reported.