Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously 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 49,200 children under 15 years of age were working in Costa Rica. It noted that the second National Action Plan for the prevention and elimination of child labour and the special protection of young workers was reviewed and formulated in 2007 to bring it into line with the new Government policies, and particularly the National Development Plan (2006–10). The Committee also observed that according to the information contained in an ILO–IPEC report of June 2008 on the third phase of the project entitled “Elimination of child labour in Latin America” (ILO–IPEC report of June 2008), there was a slight reduction in work by young persons. However, the statistics on child labour 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 notes the information provided in the Government’s report on the implementation of the National Action Plan for the prevention and elimination of child labour and the special protection of young workers. It notes that a system to follow up and evaluate the National Action Plan was developed during the course of 2009. The results of this evaluation were due to be presented during the course of 2010 and will make it possible to provide more precise information on the impact of the measures adopted in the context of the Action Plan. While awaiting these results, the Committee observes that between August 2008 and January 2009 the measures adopted in the context of the Action Plan included the provision of economic support for 300 child workers with a view to maintaining them in the education system through the programme “Avancemos”. Moreover, awareness-raising activities on the risks and consequences of child labour have been carried out with 50 entrepreneurs in the agricultural sector and 2,297 fishers.

The Committee also notes the Government’s indication that the household survey envisaged in 2009 does not allow measurement of the extent of work by children between the ages of five and 12 years, nor does it provide information on the characteristics of work by children and young persons. A specific module on child labour has therefore been adopted, which should be applied in practice during the course of 2010. The Committee nevertheless notes the statistics provided in the Government’s report concerning the violations reported by the labour inspectorate in 2008 and 2009. It observes that in 2008 the labour inspectorate detected 186 cases of child labour in Costa Rica, and 168 in 2009. The majority of these cases were reported in the Central Region, namely in San José, Heredia and parts of Cartago. The 2008 statistics also show that the sectors with the largest number of cases identified are commerce (43 per cent) and services (19 per cent). The Committee requests the Government to provide detailed information on the impact of the measures taken in the context of the National Action Plan for the prevention and elimination of child labour and the special protection of young workers as soon as the results of the evaluation become available. It also expresses that firm hope that statistics disaggregated by sex and age group and on the nature, extent and trends of work by children and young persons below the minimum age will be provided in the near future.

Article 2(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 establishes a minimum age of 12 years for admission to employment and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which sets this minimum age at 15 years, in accordance with the minimum age specified when the Convention was ratified. The Government indicated that, in the legal system in Costa Rica, the principle is applied whereby a standard contained in a special law has priority over that set out in a general law. Moreover, the principle also applies that the most favourable standard and the most beneficial conditions must be implemented. Accordingly, in the present case, the Code of Children and Young Persons has precedence over the Labour Code. While noting this information, the Committee observes that, in view of the child labour statistics involving children under 15 years of age in the country, it would be desirable for the provisions of the Labour Code to be brought into line with those of the Code of Children and Young Persons.

The Committee notes the Government’s indication that it will undertake to provide information on any review of the national legislation in this respect. The Committee firmly encourages the Government to take the necessary legislative measures to harmonize the provisions in the national legislation respecting the minimum age for admission to employment or work. It requests the Government to continue providing information on any progress achieved in this respect.

Article 3(2). Determination of hazardous types of work. Further to its previous comment, the Committee notes with interest the Government’s indication that the Bill to prohibit young workers from performing hazardous and unhealthy types of work has been included on the agenda of the Commission on Childhood and Youth of the Legislative Assembly. The Committee expresses the firm hope that this Bill will be adopted in the very near future and requests the Government to provide a copy as soon as it has been adopted.

Finally, the Committee notes that a Bill on the employment of young persons is currently being examined by a special commission of the Social Affairs Commission of the Legislative Assembly. It requests the Government to continue providing information on the progress achieved in this respect and to supply a copy of the Bill as soon as it has been adopted.