Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - El Salvador (Ratification: 1996)

The Committee notes the detailed information provided by the Government in its report.

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the indication by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) that the Government had not implemented a plan of action for the elimination of child labour and that the situation in El Salvador showed that, in practice girls and boys are on the labour market at ever younger ages. In this respect, the Government indicated that several measures had been taken, including the implementation, with the technical assistance of ILO/IPEC, of several activities intended to prohibit and regulate child labour in several sectors, including the harvesting of shellfish and coffee beans, and work in public markets. The Committee requested the Government to provide information on the implementation of these projects intended to ensure the effective abolition of child labour.

The Committee notes with interest the information provided by the Government to the effect that over 41,650 children who worked in the sugar cane, coffee and firework sectors, in public rubbish dumps and public markets, have benefited from numerous projects implemented in the context of the Time-bound Programme (TBP) on the worst forms of child labour. Over 12,040 children have been removed from work and more than 29,600 children have been prevented from working. Moreover, over 78,790 children have had access to various forms of assistance, such as vocational training, psychological guidance, health and nutrition services and school equipment. Around 5,130 parents have also benefited indirectly from these projects. The Committee takes due note of the efforts made by the Government with a view to eliminating child labour and requests it to continue providing information on the implementation of these projects and the results achieved.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee previously noted the indication by the CATS-CTD-CGT-CTS-CSTS-CUTS that children between the ages of 12 and 14 years are engaged in work in El Salvador. It also noted the observation by the ICFTU that child labour is very widespread in unregulated rural and urban economies. The Committee noted the statistics contained in the report entitled “Understanding child labour in El Salvador”, published by ILO/IPEC in 2003. According to this report, over 222,475 children between the ages of 5 and 17 years worked in El Salvador in 2001, of whom 109,000 were between the ages of 5 and 14 years. The percentage of children engaged in work increased with age. While under 2 per cent of children between the ages of 5 and 9 years were engaged in work, the rate was approximately 13 per cent for those aged between 10 and 14 years. The Committee noted that difficulties appeared to be encountered in the application in practice of the legislation on child labour. It expressed its deep concern at the situation of children under the age of 14 years who are obliged to work in El Salvador and strongly encouraged the Government to renew its efforts to improve this situation progressively.

The Committee takes due note of the information provided by the Government to the effect that the Ministry of Labour and Social Insurance has undertaken intense supervisory and inspection activities in the sugar cane sector. Numerous inspections have been carried out in the country, particularly in areas that are not generally subject to inspection. The Committee notes that, according to the statistical data contained in the national household survey carried out in 2005 (EHPM), the number of working children is in decline. Accordingly, around 207,460 children between the ages of 5 and 17 years are reported to be engaged in work, or 9.8 per cent. Most children work in the agricultural sector and in services, such as hotels and restaurants. The Committee greatly appreciates the efforts made by the Government to combat child labour. It therefore strongly encourages the Government to continue its efforts to improve the situation progressively and requests the Government to continue providing detailed information on the manner in which the Convention is applied in practice including, for example, statistical data 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 and extracts of the reports of the inspection services.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee noted the indication by the ICFTU that education is compulsory and free of charge up to the age of 14 years in El Salvador, but that additional fees have to be paid, which prevent the children of poor families from attending school. The ICFTU concluded that the authorities should facilitate access to education by the children of poor families. The Committee noted the Government’s indication that, although the national legislation does not establish a specific age for the completion of compulsory schooling, it may be inferred, under section 114 of the Labour Code, that the age of completion of compulsory schooling is 14 years. It also noted that the Ministry of Education (MINED) had shown its determination to improve the education situation in El Salvador by undertaking several reforms in this field. The Committee encouraged the Government to pursue its efforts in this field and requested it to provide additional information on the measures that it intends to take to facilitate the access of children to school.

The Committee notes the many educational programmes implemented by the Ministry of Education in the context of Plan 2021, the objective of which is to facilitate the access to education of the greatest possible number of children. It also notes the statistical data on the school attendance rate of children between the ages of 5 and 17 years in El Salvador in 2003. According to these data, the percentage of children who work is increasing solely in rural areas. While the percentage of registrations is balanced, with 50 per cent in rural areas and 50 per cent in urban areas, the percentage of children engaged in work is 76.2 per cent in rural areas. The Committee encourages the Government to continue its efforts to facilitate the access of children to education, taking into account the specific situation of children in rural areas. It requests the Government to provide information on the implementation of the many educational programmes carried out by the Ministry of Education in the context of Plan 2021 and on the results achieved in terms of school attendance in El Salvador.

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