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

Worst Forms of Child Labour Convention, 1999 (No. 182) - El Salvador (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that certain provisions of the national legislation lay down controls on the import, export, manufacture, production and distribution of drugs. However, these provisions do not prohibit the use, procuring or offering of children under 18 years of age for illicit activities. The Government indicated that, as part of the implementation of the “National Plan for the elimination of the worst forms of child labour (2006–09)”, the principal texts of the national legislation applicable to the worst forms of child labour will be revised so as to reinforce the protection of children in this field. The Committee notes that the Government has not supplied any information on this matter. The Committee expresses the firm hope that, in the context of this legislative reform, measures will be taken to explicitly prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs, in accordance with Article 3, paragraph (c), of the Convention, and that adequate penalties will be adopted. It requests the Government to provide information on any new developments in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, according to the information contained in a September 2008 ILO/IPEC report on the implementation of phase II of the Time-bound Programme (TBP) (September 2008 ILO/IPEC report on phase II of the TBP), an ILO project to modernize the labour inspection services is in progress in the country. One of the aspects of this project concerns child labour. It is hoped that this modernization of the labour inspection services, which, among other things, provides for legislative reforms and the training of inspectors, will strengthen the whole of the inspection system and will have an impact on the elimination of child labour. The Committee requests the Government to provide information on the measures taken as part of the implementation of the ILO project to modernize the labour inspection services and to improve the labour inspection system with regard to the elimination of the worst forms of child labour.

2. Monitoring and control system with regard to child labour. The Committee notes that, according to the September 2008 ILO/IPEC report on phase II of the TBP, a system to monitor and control child labour has been set up in several municipalities in the country. This system enables labour inspectors to identify child workers, to ascertain that they are exposed to hazardous working conditions and to verify that they have been withdrawn from such labour and reintegrated into the school system or other types of training. The Committee requests the Government to supply information on the monitoring and control system with regard to child labour, including information on the results achieved as a result of labour inspections in the context of this system.

Article 6. Programmes of action. The Committee notes that, according to the September 2008 ILO/IPEC report on phase II of the TBP, a second National Plan for the elimination of the worst forms of child labour will be drawn up. The Committee requests the Government to supply a copy of the second National Plan for the elimination of the worst forms of child labour with its next report. It also requests the Government to provide information on the programmes of action which will be adopted, as part of the implementation of this second National Plan, to eliminate the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee duly notes the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of “Plan 2021”. It notes that these programmes have enabled a range of measures to be taken aimed at improving the quality of education and increasing the school attendance rate, particularly for children living in rural and urban areas who are marginalized or from extremely poor families. Moreover, measures have been taken to ensure equality of opportunity in access to education, particularly in terms of gender equality and also for any children requiring special education or suffering from a disability. According to the Government, these programmes benefited more than 1,857,246 students in 2007. The Committee notes that the “National Plan for the elimination of the worst forms of child labour (2006–09)” provides that measures will be taken to improve the education system. It also notes that, according to the September 2008 ILO/IPEC report on phase II of the TBP, informal education centres established under phase I of the TBP will be made operational by the end of 2008.

The Committee also notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled “Education for All by 2015: Will we make it?”, the country has a good chance of achieving the objective of universal primary education for all by 2015. Moreover, since regular progress is being made, the country also has a good chance of achieving the goal of gender parity in both primary and secondary education. The Committee also notes that, according to UNICEF statistics for 2006, the net primary school enrolment rate is 93 per cent for girls and 93 per cent for boys and, in secondary education, 54 per cent for girls and 52 per cent for boys. The Committee duly notes the net primary school enrolment rate and the fact that the country has a good chance of achieving the goal of universal primary education for all by 2015 and also that of gender parity. However, it expresses its concern with regard to the low net secondary school enrolment rate. In view of the fact that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the working of the education system in the country. It requests the Government to supply information on the time-bound measures taken, as part of the implementation of “Plan 2021” and the “National Plan for the elimination of the worst forms of child labour (2006–09)”, to increase the school enrolment rate, particularly in secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (b). Direct aid to remove children from the worst forms of child labour. Implementation of the TBP. With reference to its previous comments, the Committee notes with interest the detailed information provided by the Government on the results achieved further to the implementation of phase I of the TBP between September 2001 and September 2006. It notes that 14 programmes of action have been implemented and have benefited 42,770 children. Of these, 29,803 have been prevented from working and 12,967 have been withdrawn from their work in sugar plantations, the fishing industry, public refuse dumps, the fireworks industry, coffee plantations and urban street trading. The Committee also notes that these children have been the recipients of various services, including formal or informal education and vocational training, and their parents have also had access to income-generating activities.

The Committee notes with interest that phase II of the TBP, which started in October 2006 and will end in September 2009, will implement programmes to eliminate the worst forms of child labour, particularly in the sugar cane industry, the fishing industry and hazardous work in markets. The Committee duly notes the information supplied by the Government to the effect that, between October 2006 and August 2008, more than 5,054 children benefited from phase II of the TBP. Of these, 3,754 were prevented from working and 1,300 were withdrawn from their work. The Committee notes that, according to the statistics supplied by the Government, child labour, particularly in its worst forms, is decreasing in the country. The Committee urges the Government to continue its efforts and requests it to provide information on the time-bound measures adopted, as part of the implementation of phase II of the TBP, to provide the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour. It also requests the Government to supply information on the results achieved. Finally, the Committee requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of any children removed from the worst forms of child labour as a result of the second phase of the TBP.