Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Honduras (Ratification: 1980)

The Committee notes the Government’s report and the attached documentation. It also notes the detailed observations made by the Honduran Council for Private Enterprise (COHEP).

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted that it would be necessary to amend section 2(1) of the Labour Code, which excludes from its scope agricultural and stock-raising undertakings that do not permanently employ more than ten workers, so that the minimum age provisions contained in the Labour Code apply to this category of workers. In this respect, it noted the Government’s indications that the draft revision of the Labour Code contained provisions which would bring the national labour legislation into conformity with the international Conventions ratified by Honduras, thereby harmonizing the provisions of the Labour Code and the 2001 Child Labour Regulations with those of the 1996 Code for Children and Young Persons. This would give effect to the provisions respecting the minimum age for admission to work to young persons working under a contract of employment or on their own account. The Committee also noted certain statistics contained in the national report on child labour in Honduras of 2002, according to which 54.3 per cent of children between 5 and 9 years of age and 59.8 per cent of those between 10 and 14 years of age work in agriculture, forestry, hunting and fisheries. In addition, 6.2 per cent of children between 5 and 17 years of age in urban areas and 7 per cent in rural areas work on their own account. The Committee hoped that the draft revision of the Labour Code would be adopted in the near future.

The Committee notes the Government’s indications that, although the draft revision of the Labour Code has still not been adopted, it is one of the Government’s priorities and that it will examine the possibility of including the Committee’s recommendations. Observing that it has been raising this matter for a number of years, and in view of the worrying statistics referred to above, the Committee expresses the firm hope that the draft revision of the Labour Code will be adopted in the near future and that it will contain provisions guaranteeing the protection afforded by the Convention to children who work in agricultural and stock-raising undertakings that do not permanently employ more than ten workers.

Article 2, paragraph 4. Minimum age for admission to employment or work. In its previous comments, the Committee noted that, under section 120(2) of the Code for Children and Young Persons of 1996, a minor under 14 years of age may not, under any circumstances, be permitted to work. The Committee also noted that, under section 32(1) of the Labour Code, young persons under 14 years of age and those having reached this age who are still engaged in compulsory education are not allowed to work. However, it noted that, under section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work if they consider that it is indispensable for ensuring their subsistence or that of their parents or their brothers and sisters, and provided that it does not prevent them from completing their compulsory schooling. The Government indicated that cultural practices in the country make child labour legitimate at an age that is well below the minimum age for admission to employment or work specified when the Convention was ratified, namely 14 years. The Committee also noted the measures adopted by the COHEP and the Chambers of Commerce to prohibit their members from employing boys and girls under 14 years of age and to prevent the access of children to the workplace, even with their parents. The Committee requested the Government to provide information on the measures adopted or envisaged to ensure that no minor under 14 years of age is permitted to work in any sector of economic activity.

In its report, the Government indicates that article 128(7) of the Constitution of Honduras provides that young persons under 16 years of age and those who have reached this age but are still subject to compulsory schooling may not be engaged in any work. It adds that section 119 of the Code for Children and Young Persons provides that child labour is subject to the provisions of article 128 of the Constitution. The Committee notes that section 120 of the Code for Children and Young Persons is in conformity with the age specified by the Government, namely 14 years. However, it observes that, in the same way as section 32(2) of the Labour Code, article 128(7) of the Constitution provides that the authorities responsible for labour may permit young persons of 16 years of age and less to work if they consider that it is indispensable for ensuring their subsistence or that of their parents or of their brothers and sisters, and provided that it does not prevent them from completing their compulsory education. The Committee reminds the Government that, under Article 2, paragraph 1, of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the derogations envisaged in Articles 4 to 8 of the Convention. The Committee expresses the firm hope that, in the context of the revision of the Labour Code, the Government will take into account the above comments and it requests the Government to provide information on the measures adopted or envisaged to ensure that no minor under 14 years of age is permitted to work in any sector of economic activity.

Article 3, paragraph 3. Hazardous work from the age of 16 years. The Committee noted previously that, under section 122(3) of the Code for Children and Young Persons of 1996, young persons between 16 and 18 years of age may be permitted to perform hazardous types of work, as listed in section 122(2) of the Code, if so approved by technical studies undertaken by the National Vocational Training Institute or a specialized technical institute under the responsibility of the Secretariat of State for Public Education. The Committee noted the Government’s indication that the Department of Labour and Social Security examines the technical studies with a view to certifying that the workloads associated with the tasks in question can be performed by young persons between 16 and 18 years of age and that occupational safety measures are adopted in order to minimize the dangers to their health and safety. The Committee requested the Government to provide information on the number of permits granted by the Department of Labour and Social Security to young persons between 16 and 18 years of age.

In its report, the Government indicates that the use of the term “could” in section 122 of the Code for Children and Young Persons means that a work permit for a young person over 16 years of age may only be granted in cases in which, in the view of the Department of Labour and Social Security, the work would not prejudice the young person. The Government adds that for work to be permitted by a young person, the latter must attend school. While taking due note of the information provided by the Government, the Committee reminds the Government that, under Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In view of the fact that, according to the statistics contained in the national report on child labour in Honduras of 2002, a large number of children still work in hazardous activities, the Committee requests the Government to take the necessary measures to ensure that, where a young person of 16 years of age is permitted to perform hazardous types of work, the conditions set out in this provision of the Convention are observed. It once again requests the Government to provide information on the number of work permits granted by the Department of Labour and Social Security to young persons between 16 and 18 years of age.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the 2003 statistics provided by the Government, according to which 255,972 children between the ages of 5 and 17 years were engaged in an economic activity, with 65.4 per cent of them being in rural areas and 34.6 per cent in urban areas. It also noted the measures adopted by the Government to combat child labour, including the adoption of the National Action Plan on the prevention and gradual and progressive elimination of child labour and the implementation of various programmes of action in collaboration with ILO/IPEC.

In this respect, the Committee notes that a new plan for the prevention and gradual and progressive elimination of child labour is currently being developed and will be closely linked to the worst forms of child labour. It further notes that the country is collaborating with ILO/IPEC, particularly for the elimination of the worst forms of child labour. The Committee also notes the information provided by the COHEP concerning its programme of monthly grants for students, particularly with a view to reducing the school drop-out rate. Furthermore, the COHEP has supported the ILO/IPEC project for the elimination of child labour in the firework sector and has given instructions to all enterprises in the formal economy not to employ children under 14 years of age.

However, the Committee notes that, in its concluding observations on the third periodic report by the Government in February 2007, the Committee on the Rights of the Child expressed concern at: the lack of funds allocated for the implementation of the National Plan of Action for the prevention and gradual and progressive elimination of child labour; the large number of children, especially in rural areas and among the indigenous people, working in exploitative conditions, including children engaged in deep sea fishing in Puerto Lempira; young persons between 14 and 17 years of age working in mines; and the high percentage of children who do not attend school (CRC/C/HND/CO/3, paragraph 72). While noting the efforts made by the Government to combat child labour, the Committee expresses serious concern at the situation of children under 14 years of age compelled to work in the country. It therefore strongly encourages the Government to renew its efforts to combat child labour and requests it to take the necessary measures, including the allocation of additional resources, for the implementation of the new National Plan. In this respect, the Committee requests the Government to provide information on the implementation of this National Plan and the programmes of action which will be established in this context, as well as on the results achieved in terms of the progressive abolition of child labour and in the field of school attendance.