CMNT_TITLE

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

Other comments on C138

Observation

Direct Request

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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.