Country profile BEN
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2018 | 5-17 | 17.9 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 16.1 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 17 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 23.6 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 26 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 24.8 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for hazardous work | 2011-01-31 | C138 & C182 | Decree No. 2011-029 Setting the list of hazardous work for children in the Republic of Benin | [{"link_name":"Decree No. 2011-029","source_link":"https://sgg.gouv.bj/doc/decret-2011-029/"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Decree No. 2011-029 issues 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. |
| Minimum age for admission to apprenticeship | 1998-01-27 | C138 | Labour Code - Section 66 | [{"link_name":"Labour Code","source_link":"https://assemblee-nationale.bj/wp-content/uploads/2020/03/code-du-travail.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | 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. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID,P13100_COUNTRY_ID:4116103,103028"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | According to the CEACR Observation on C138, 2021, 'The Committee notes the Government’s indication in its report that, according to section 13 of 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 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.' |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID,P13100_COUNTRY_ID:4116103,103028"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | According to the CEACR Observation on C138, 2021, 'The terms of Article 7 of the Convention 138 – 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 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.' |
| Minimum age for light work | 1987-08-26 | C138 | Order No. 371 | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116103,103028"}] | 12 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | In its CEACR Observation on C138, 2021, the Committee noted that Order No. 371 of 26 August 1987, issuing exceptions to the minimum age for admission to employment for children, authorises 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. |
| Minimum age for admission to work | 1998-01-27 | C138 | Labour Code -Section 166 | [{"link_name":"Labour Code","source_link":"https://assemblee-nationale.bj/wp-content/uploads/2020/03/code-du-travail.pdf"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to section 166, the minimum age for employment is 14. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2006-04-05 | C182 | Act No. 2006-04 Setting conditions for the movement of minors and the repression of child trafficking in the Republic of Benin | [{"link_name":"Act No. 2006-04","source_link":"https://sgg.gouv.bj/doc/loi-2006-04/download"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Act No. 2006-04 setting conditions for the movement of minors and the repression of child trafficking in the Republic of Benin prohibits the sale and trafficking of children for economic and sexual exploitation, and the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, as well as for illicit activities. However, drug trafficking is not explicitly mentioned. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2006-04-05 | C182 | Act No. 2006-04 Setting conditions for the movement of minors and the repression of child trafficking in the Republic of Benin | [{"link_name":"Act No. 2006-04","source_link":"https://sgg.gouv.bj/doc/loi-2006-04/download"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Act No. 2006-04 setting conditions for the movement of minors and the repression of child trafficking in the Republic of Benin prohibits the sale and trafficking of children for economic and sexual exploitation, and the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, as well as for illicit activities. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2005-06-26 | C182 | Law 2005-43 Establishing the general status of military personnel of the Beninese Armed Forces - Article 6 | [{"link_name":"Law 2005-43 Establishing the general status of military personnel of the Beninese Armed Forces","source_link":"https://sgg.gouv.bj/doc/loi-2005-43/"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | According to Article 6 of Law 2005-43 establishing the general status of military personnel of the Beninese Armed Forces, recruitment into the Beninese Armed Forces shall be by recruitment. No one may be called up to serve in the Beninese Armed Forces if: - they are not a citizen of Benin; - they do not enjoy their civil rights and are not of good character; - they do not meet the conditions of physical fitness required for the exercise of their military career and defined by the regulations; - they are not at least 18 years of age. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2006-04-05 | C182 | Act No. 2006-04 Setting conditions for the movement of minors and the repression of child trafficking in the Republic of Benin | [{"link_name":"Act No. 2006-04","source_link":"https://sgg.gouv.bj/doc/loi-2006-04/download"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Act No. 2006-04 setting conditions for the movement of minors and the repression of child trafficking in the Republic of Benin, prohibits the sale and trafficking of children for economic and sexual exploitation, and the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, as well as for illicit activities. |
| List of hazardous activities prohibited for children | 2011-01-31 | C138 & C182 | Decree No. 2011-029 Setting the list of hazardous work for children in the Republic of Benin | [{"link_name":"Decree No. 2011-029","source_link":"https://sgg.gouv.bj/doc/decret-2011-029/"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Decree No. 2011-029 issues 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. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 06-NOV-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 11-JUN-2001 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| No information was found on a policy or plan to combat child labour. | [{"link_name":"N/A","source_link":"N/A"}] | N/A | N/A | N/A |