Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Costa Rica (Ratification: 1976)

The Committee notes Decision No. 349-98 issued by the Minister of Labour and Social Security, which authorizes, under certain conditions and in the context of work within the family, work by persons under 15 years of age in the coffee harvest for 1998-99. Firstly, the Committee requests the Government to indicate whether the above Decision was applied solely to the above harvest, or whether it was extended to subsequent harvests. Secondly, the Committee notes that the resolution refers to persons under 15 years of age in a broad manner without indicating any minimum age, thereby permitting, for example, work by children aged five or six years. Thirdly, the Committee is bound to point out that, according to the data contained in a report prepared by the IPEC programme in July 2001, children who work in coffee growing are particularly at risk of possible exposure to agro-chemicals, physical and biological risks of accidents and injuries to the eyes, cuts, fractures, falls, being stung by insects, risks related to physical overload giving rise to problems in the shoulders and neck, as well as physical and psychological ill-treatment as a result of labour relations problems. In this connection, the Committee requests information from the Government on the measures adopted to ensure compliance in practice with the conditions laid down in the Decision in relation to children being enrolled in and remaining in the education system, their physical, moral and psychological help, the limitation of working hours and unhealthy and hazardous work. Finally, taking into account the social and economic circumstances which gave rise to the Decision, the Committee requests the Government to consider whether it is possible to include work on the coffee harvest within the framework of light work under the terms of Article 7 of the Convention, for which purpose the minimum age of 13 years should be set, together with the conditions set out in the above Article, particularly with regard to working hours.