Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the Government’s reports.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the observations 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 both the national legislation and the Convention, children between 5 and 11 years of age work for an average of seven hours a week and 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 economy, the traditional rural sector (seasonal work in the coffee and sugar cane harvests) and domestic work. The Committee noted the Government’s reply in which it indicated that, on the one hand, it was "aware of the dimensions of the problem" and, on the other, described the various measures adopted with a view to eliminating child labour in the country. It requested the Government to take the necessary measures to ensure that the legislative provisions on the minimum age for admission to employment or work are effectively enforced.

The Committee notes the Government’s information concerning the efforts made to combat child labour. In particular, it notes that the Government: (1) is currently formulating a second National Plan for the Elimination of Child Labour and the Protection of Young Workers; (2) has adopted an Agenda for Children and Young Persons - Objectives and Commitments for 2000-10, one of the long-term objectives of which is "the lasting integration of boys and girls under 15 years of age and also young persons between 15 and 18 years of age in the formal education system"; and (3) is collaborating with ILO/IPEC in the implementation of projects for the elimination of child labour in agriculture, which target around 2,000 children working in this sector.

Furthermore, the Committee notes that the National Statistical and Census Institute (INEC) and the Ministry of Labour and Social Security (MTSS), in collaboration with ILO/IPEC and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), undertook a study in 2002 on work by children and young persons with a view to identifying the scope of the problem in Costa Rica. According to the statistics contained in the "National report on the results of the study on work by children and young persons in Costa Rica", published in June 2003, some 113,523 girls and boys aged between 5 and 17 years work in Costa Rica. Of this number, around 49,229 children under 15 years of age, which is below the minimum age for admission to employment or work, are engaged in work, or 43.4 per cent. Furthermore, according to the report, around 65.7 per cent of children who work began their activity before reaching the minimum age for admission to employment or work, namely 15 years. The principal sector of economic activity affected by child labour is agriculture, including the harvesting of coffee, which is one of the major exports in Costa Rica. The other economic sectors affected by child labour are manufacturing, commerce and services, including domestic work. Moreover, it appears that 45.3 per cent of children who do not attend school do so for reasons related to work.

The Committee welcomes the efforts made by the Government but remains concerned at the situation of children who are compelled to work in the country. Indeed, the statistical data referred to above show that difficulties appear to be encountered in the application of the legislation on child labour and that child labour is widespread in Costa Rica. It therefore strongly encourages the Government to redouble its efforts to progressively improve this situation. The Committee requests the Government to provide information on the impact of the National Plan for the Elimination of Child Labour and the Protection of Young Workers, the Agenda for Children and Young Persons - Objectives and Commitments for 2000-10, the projects for the elimination of child labour in agriculture and the ILO/IPEC subregional programme for the prevention and elimination of child labour in the coffee industry, as well as the results achieved in relation to the elimination of child labour, in the age brackets of 5-11 years and 12-15 years.

Furthermore, the Committee requests the Government to continue providing detailed information on the manner in which the Convention is applied in practice including, for example, statistical information disaggregated by sex on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention, extracts of the reports of the inspection services, information on the number and nature of the violations reported and the penalties imposed, particularly in the agricultural, manufacturing, commerce and services sectors.

Article 2. Minimum age for admission to employment or work. 1. The coffee harvest. In its previous comments, the Committee noted Decision No. 349-98 issued by the Ministry of Labour and Social Security which authorized, under certain conditions and in the context of work within the family, the employment of persons under 15 years of age in the coffee harvest in 1998-99. The Committee noted that the decision referred to persons under 15 years of age in a broad manner, without indicating any minimum age, thereby permitting, for example, work by children aged 5 or 6 years. The Committee requested the Government to indicate whether the decision had been applied solely for the above harvest, or whether it had been extended to subsequent harvests and, taking into account the social and economic circumstances which gave rise to Decision No. 349-98, it requested the Government to consider whether it was possible to include work on the coffee harvest within the framework of the list of light work within the meaning of Article 7 of the Convention.

The Committee notes the Government’s indication that Decision No. 349-98 proved to be a temporary measure in view of the adoption of the Code of Children and Young Persons and that it was therefore applied only for the 1998-99 harvest. It also notes that no child under 6 years of age works in the coffee harvest. Furthermore, the Government adds that, taking into account the minimum age for admission to employment or work of 15 years established by the Code of Children and Young Persons and the measures adopted to guarantee school attendance by persons under 18 years of age, it is not appropriate to have recourse to the exception envisaged in Article 7 of the Convention relating to light work. The Committee also notes that Costa Rica is engaged in active collaboration with ILO/IPEC for the prevention and elimination of child labour in the coffee industry and that it is one of seven countries, together with Guatemala, Honduras, El Salvador, Nicaragua, Panama and the Dominican Republic, which are participating in the ILO/IPEC subregional programme for the prevention and elimination of child labour in the coffee industry. The Committee requests the Government to provide information on the impact of the ILO/IPEC subregional programme and on the results achieved with regard to the prevention and elimination of child labour in the coffee industry.

2. Legislative measures. In its previous comments, the Committee noted a contradiction 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 set the minimum age at 15 years, in accordance with the minimum age specified when ratifying the Convention. It requested the Government to take the necessary measures to amend the Labour Code so as to bring its provisions into line with those of the Code of Children and Young Persons. The Committee notes the Government’s indication that, despite the contradiction between the provisions respecting the minimum age for admission to employment or work in the Labour Code and those of the Code of Children and Young Persons, the applicable rule is that set out in the Code of Children and Young Persons. Furthermore, the Government indicates that, although no draft amendment to the Labour Code has been formulated to bring it into line with the Code of Children and Young Persons, it will convey the suggestion made by the Committee to the competent authorities. In view of the statistics referred to above, the Committee is of the opinion that, to ensure the protection of children under 15 years of age who are engaged in work, the harmonization of the provisions of the Labour Code with those of the Code of Children and Young Persons is important. It therefore once again requests the Government to take the necessary measures to amend the Labour Code and to provide information on any progress achieved in this respect.

Finally, the Committee notes that a bill on the employment of young persons is currently being formulated. It requests the Government to provide information on the progress achieved in this respect and to provide a copy of the Act when it has been adopted.