Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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. In its previous comments, the Committee encouraged the Government to raise the age of completion of compulsory schooling to coincide with that of the minimum age for admission to employment or work.

The Committee notes the Government’s indications that the forthcoming review of the national education framework act will take this concern into account.

The Government also indicates that the draft Labour Code, which is also under review, will raise the minimum age for admission to employment to 15 years. In this regard, it emphasizes that section 117 of Act No. 2015-08 issuing the Children’s Code in the Republic of Benin stipulates that children under 14 years of age who are no longer able to continue their studies after the end of primary education will be directed towards technical and vocational schools.

Furthermore, the Committee notes the Government’s indications that the primary school completion rate improved from 54.11 per cent in 2020 to 65.41 per cent in 2021. The Government emphasizes that this improvement is the result of reduced drop-out and repetition rates, and of efforts to keep children in primary school. It also indicates that girls’ enrolment has also improved, with a gross enrolment rate of 107.4 per cent in 2021, compared with 106.44 per cent in 2020. The Government points out that this result is partly due to the policy of reducing costs borne by families and due to community commitments.

However, the Committee notes the indications in the United Nations Children’s Fund (UNICEF) 2024–26 cooperation programme for Benin that one out of four children who complete primary school is below the minimum level of skills required at the end of schooling, one in three children is out of school and one in five children is working.

The Committee also notes the information from the study on child labour in mines and quarries in Benin, conducted in 2023 by the Ministry of Labour and the Public Service with UNICEF support, which indicates that boys predominate among children who have completed primary education and lower-secondary education, and that as the level of education rises, the number of children graduating decreases dramatically. While duly noting the efforts made by the Government, the Committee requests the Government to continue taking the necessary steps to increase school enrolment, attendance and completion rates for children under 14 years of age, with particular attention given to girls. The Committee also hopes that the necessary steps will be taken to ensure that the review of the Labour Code and of the national education framework act is completed as soon as possible, and that its comments will be taken into consideration in order to give full effect to the Convention. The Committee requests the Government to provide information on the measures taken or envisaged in this regard.

Articles 6 and 9(1). Apprenticeships and penalties. Further to its previous comments, the Committee notes the Government’s indications that inspections carried out in craft apprenticeship workshops reveal, among other things, the admission of children under 14 years of age into apprenticeships, sometimes in dangerous occupations. The Government also refers to ill-treatment of some children, the absence of apprenticeship contracts, precarious working conditions and, in some cases, abuse of apprentices by master craftworkers, among other things. In this regard, the Committee takes note of the indications in the Decent Work Country Programme (DWCP) 2022–24 that certain measures have been taken to improve protection against workplace abuse of vulnerable groups, including children and young persons, and to effectively implement laws and policies to combat abuse, violence and exploitation at work.

However, the Committee notes the Government’s clarification that the penalties imposed and the applications lodged with the courts in cases of violation of the provisions on admission to apprenticeships relating to the minimum age of 14 years have not yet been processed. The Committee requests the Government to intensify its efforts to ensure that children under 14 years of age are not admitted to apprenticeships in practice. It once again requests the Government to ensure that adequate penalties constituting an effective deterrent are applied for violations of the provisions relating to the minimum age of 14 years for admission to apprenticeships. In this regard, the Committee requests the Government to continue providing information on the number and nature of violations detected and the penalties imposed.

Article 7(1), (3) and (4). Admission to light work and determination of such work. Further to its previous comments, the Committee duly notes the information provided by the Government in its report, according to which in 2023, with UNICEF support, it drew up a list of types of light work. The study relating to the list was validated in a tripartite framework involving all actors involved in the child protection chain. The Government adds that, in accordance with the required procedure in this area, the list must be examined by the Council of Ministers and validated in the form of a decree. The technical file is being finalized for transmission to the Government.

The Committee also takes note of the clarification provided by the Government that a new order relating to the repeal of Order No. 371 of 26 August 1987 establishing exemptions from the minimum age for admission to employment of children has been drafted, with a view to raising the minimum age for admission of children to light work. The Government emphasizes that this draft is currently in the process of being validated by the competent authorities. The Committee requests the Government to take steps to ensure that the amendments to Order No. 371, as well as the list of types of light work, are adopted as soon as possible. It also requests the Government to provide copies of the amendments once they have been adopted.

Labour inspection and application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that in June 2022 Benin launched the “Zero tolerance for child labour in high-prevalence sectors” campaign, together with a number of activities, including the following: (1) 820 labour inspection visits were carried out, a total of 3,900 children were registered and 435 children were removed from work. In addition, 35 prosecutions were initiated, but no convictions have been handed down; (2) 48 media outlets were mobilized to support the campaign, and 128 awareness-raising sessions were organized, reaching a total of 2,873 persons over a 12-month period; and (3) 35 languages were used for awareness-raising, accompanied by the distribution of video materials, giant posters and leaflets, and 51 radio programmes were broadcast. In addition, during 2023, a total of 1,968 inspection visits were carried out in the 12 departments of the country, resulting in the removal of 862 children and the initiation of 34 legal proceedings.

However, the Committee notes the statistical estimates in the 2021–22 Multiple Indicator Cluster Survey (MICS) report, according to which children are involved in economic activities, including: (1) 22.7 per cent of boys and 18.5 per cent of girls between 5 and 11 years of age, for at least one hour; (2) 12.8 per cent of boys and 10.2 per cent of girls between 12 and 14 years of age, for 14 hours or more; and (3) 5 per cent of boys and 3.7 per cent of girls between 15 and 17 years of age, for 43 hours or more. While noting the measures taken, the Committee requests the Government to intensify its efforts to prevent and progressively eliminate child labour in the country. The Committee also requests the Government to continue providing information on the number and nature of violations recorded by labour inspectors during their visits involving children below the minimum age for admission to employment, including children working in the informal economy. To the extent possible, this information should be disaggregated by age and sex.

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