Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

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.