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

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

Article 2(1) and (3) of the Convention. Minimum age for admission to employment or work and age of completion of compulsory schooling. 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.