Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous observation, the Committee noted the comments made by the Trade Union of Employees of the Ministry of Finance (SINDHAC), the Transport Workers’ Union of Costa Rica (SICOTRA) and the Rerum Novarum Confederation of Workers (CTRN), according to which, in violation of the provisions of the national legislation and the Convention, children between 5 and 11 years of age work for an average of seven hours a week and that children between 12 and 14 work for an average of 24 hours a week. The majority of child workers are found in the urban informal sector, the traditional rural sector (seasonal work in the coffee and sugar cane harvests) and domestic work. The Committee notes the Government’s reply, in which, on the one hand, it indicates that it "is aware of the dimensions of the problem" and, on the other, describes the various measures adopted and projects formulated with a view to eliminating child labour in the country. These measures include the adoption of the Agenda for Children and Adolescents, Objectives and Undertakings, 2000-10, which includes in its long-term objectives "ensuring that boys and girls under 15 years of age, and young persons between 15 and 18 years of age, are enrolled in and remain in the formal education system", and the Memorandum of Understanding with the ILO/IPEC, in which the Government undertakes to make significant efforts for the progressive elimination of child labour. The Committee welcomes the efforts made by the Government, but is bound to express its concern at the situation described by the trade union organizations and urges the Government to continue taking the necessary measures to ensure that the legislative provisions on the minimum age for admission to employment are effectively enforced.

Article 2, paragraph 1. Minimum age for admission to employment or work. With regard to the contradiction that exists between, on the one hand, section 89 of the Labour Code, which provides for a minimum age for admission to employment of 12 years and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which sets the minimum age at 15 years, the Committee had previously noted the Government’s indication that the provisions in the latter Code derogate implicitly the earlier legislative provisions which are contrary to it. Nevertheless, with a view to ensuring the protection of young workers and as the employment of young persons under 15 years of age in various economic sectors is encountered in practice, the Committee once again urges the Government to adopt the necessary measures to amend the Labour Code to bring its provisions into line with the Code of Children and Young Persons and requests it to provide information on any progress achieved in this respect.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee had previously requested the Government to take the necessary measures to determine, in accordance with the requirements of Article 3, paragraph 2, the types of hazardous employment or work prohibited for persons under 18 years of age. In this respect, the Committee notes with satisfaction that, after consulting workers’ and employers’ organizations and NGOs, the Government has finally adopted the Regulations respecting the recruitment and occupational health conditions of young persons (Decree No. 29220 of 30 October 2000), which enumerates in detail the types of work that are absolutely prohibited for persons under 18 years of age and the types of work permitted under certain restrictions. The Committee requests the Government to provide full particulars on the effect given to the above Regulations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.