Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Referring to its previous comments, the Committee notes the information provided by the Government stating that the Bill on the employment of young persons is currently being examined by a special committee of the Social Affairs Commission of the Legislative Assembly, and the Bill prohibiting the performance of hazardous and unhealthy types of work by young workers by the Legislative Assembly. The Committee firmly hopes that both these Bills will be adopted in the near future and requests the Government to provide information on any progress made in this area.

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 statistics contained in the report on the results of the national study on work by children and young persons in Costa Rica, published in June 2003 by the National Statistical and Census Institute and the Ministry of Labour and Social Security, in collaboration with ILO–IPEC and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), according to which around 113,500 girls and boys between 5 and 17 years of age were working in Costa Rica. Of this number, around 49,200 children under 15 years of age were working. The Committee noted the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers (2005–10). Finally, it noted that Costa Rica is participating in the ILO–IPEC project entitled: “Elimination of child labour in Latin-America”.

The Committee notes the measures adopted by the Government to abolish child labour. It notes in particular that the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers was reviewed and reformulated in 2007, so that it could be brought in line with the new government policies, especially the National Development Plan (2006–10). The Committee further notes that the National Childhood Foundation (PANI) has taken measures to implement the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers. For instance, the PANI has introduced a programme of inter-institutional inspection for the protection of human rights and rights at work in priority sectors. The aims of this programme are to make children and young persons aware of the repercussions of work and to train labour inspectors specialized in child labour. The Committee takes note of the statistics provided by the Government according to which, in 2007, the labour inspection services of the Central Office of San José detected 97 cases involving children in the Central Region, in San José, Heredia and an area of Cartago. The children were working in the commercial, services, industrial, agricultural, construction and transport sectors. The Committee also notes that a household survey will be carried out in 2009 and that some questions will focus on the work of children and young persons.

The Committee notes that, according to the information in an ILO–IPEC report of June 2008 on the third stage of the project entitled: “Elimination of child labour in Latin-America” (ILO–IPEC report of June 2008), poverty has declined by 5 per cent in the country; in the specific case of young persons, poverty has declined by 3.9 per cent. What is more, the Committee takes due note that, according to this report, there has been a slight reduction in the number of young persons working. The Committee nevertheless observes that the child labour statistics provided by the Government only concern the Central Region of Costa Rica and do not give an overall view of the problem in the country. The Committee requests the Government to provide information on the impact of the measures taken to abolish child labour, in the context of the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers, the National Development Plan (2006–10) and the ILO–IPEC project on the elimination of child labour in Latin America. It requests the Government to provide information on any progress achieved. The Committee also invites the Government to continue providing information on the application of the Convention in practice by giving, for example, statistical data on the employment of children and young persons, extracts from reports of the inspection services, in particular inspections carried out in the sectors mentioned above. Finally, it asks the Government to provide the findings of the household survey that will be carried out in 2009.

Article 2, paragraph 1. Minimum age for admission to employment or work. In its previous comments, the Committee noted a contradiction between, on the one hand, section 89 of the Labour Code, which established 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 this minimum age at 15 years, in accordance with the minimum age specified when the Convention was ratified. The Government pointed out that, in the legal system in Costa Rica, the principle whereby the standard contained in a special law has priority over that contained in a general law applies. Furthermore, there is also the principle that the most favourable standard, providing optimum conditions, must be implemented. In the present case, therefore, the Code of Children and Young Persons has precedence over the Labour Code. While noting this information, the Committee observed that, in view of the child labour statistics involving children under 15 years of age in the country, the provisions of the Labour Code should be brought in line with those of the Code of Children and Young Persons. The Committee takes note of the Government’s indication that it undertakes to consider this matter when reviewing the labour legislation. The Committee expresses the hopes that, when undertaking a future revision of the labour legislation, the Government will take the necessary measures in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNICEF’s 2006 statistics, the primary school net attendance rate is 89 per cent among girls and 87 per cent among boys; at secondary school level, the rates are 65 per cent among girls and 59 per cent among boys. The Committee takes note of the information in the ILO–IPEC report of June 2008 on the project to eliminate child labour in Latin-America, which states that the programme “Let’s Advance Together” (Avancemos), setting out to ensure the lasting reintegration of young persons in the formal education system, has been implemented.

The Committee takes due note of the primary school net attendance rates. It nevertheless expresses its concern at the somewhat low net attendance rates at secondary school level. Believing that compulsory education is one of the most effective ways of combating child labour, the Committee strongly urges the Government to take measures to improve the functioning of the country’s education system. In this respect, it requests the Government to provide information on the measures taken, particularly in the context of the programme “Let’s Advance Together”, to increase the school net attendance rates, particularly at secondary school level, and to prevent children under 15 years of age from working. It further requests the Government to submit information on the progress achieved.