Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age Convention, 1973 (No. 138) - Ecuador (Ratification: 2000)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that a substantial number of children were engaged in child labour and hazardous work, despite the Government’s national programmes of action to combat child labour.

The Committee notes the Government’s detailed information concerning the additional measures it has taken under its national programmes. The Government indicates that under a cooperative project to reduce child labour, with ILO–IPEC assistance (the “South–South cooperation project”), it has developed a national labour statistics platform (SINEL) and a technological platform to register child labour (SURTI) and has increased the capacity of labour inspectors concerning child labour. The Government also refers to the 2013–17 Plan of Well-Being (El Plan del Buen Vivir), which sets out, in Objective 9, the aim to eradicate child labour for children aged 5–14 years by 2020. In addition, the Government indicates that the Ministry of Labour Relations has created an Inter-Institutional Committee on the Eradication of Child Labour (CIETI), which articulates the national actions and strategies for the effective compliance with, and restitution of, children’s rights concerning child labour. The CIETI involves 24 provincial committees which are mandated to execute policies and guidance and to offer immediate responses to public and private social services in cases of child labour within their territories. The Government indicates that the CIETI is working with the Ministry of Labour Relations to finalize a draft national plan to prevent and eradicate child labour. Finally, the Committee notes the Government’s statistical information, according to which 23,773 inspections were carried out and 73 sanctions were issued concerning child labour in 2012, and 29,214 inspections were carried out and 56 sanctions were issued in 2013.

The Committee takes due note of the Government’s continued efforts to eradicate child labour. It nevertheless notes that, according to the 2011 and 2012 child labour surveys conducted by the National Statistics and Census Institute (INEC), the rate of child labour for children aged 5–14 years, and children aged 15–17 years engaged in hazardous work, increased from 5.8 per cent in the country in 2011, to 8.56 per cent in 2012. Furthermore, the Committee notes that 56 per cent of the children who were engaged in child labour in 2012 worked in hazardous activities. The Committee accordingly requests the Government to strengthen its efforts to eradicate child labour, including in hazardous work. The Committee further requests the Government to provide information concerning measures taken in this regard, including within the framework of the national plan to prevent and eradicate child labour and the South–South cooperation project.

Article 2(2) and (5). Raising the minimum age for admission to employment or labour to 15 years. The Committee recalls its previous comment, which noted that Act No. 2006-39 raised the minimum age for admission to employment or work from 14 to 15 years. Noting the absence of new information on this point, the Committee again requests the Government to consider the possibility of sending the ILO Director-General a new declaration stating that Ecuador has raised the previously specified minimum age, in accordance with Article 2(2) of the Convention and to supply information on any new developments in this regard.

Article 2(3). Age of completion of compulsory schooling. In its previous comment, the Committee expressed its concern with regard to the low net secondary school enrolment rate. The Committee notes the Government’s indication that the 2013–17 Plan of Well-Being (El Plan del Buen Vivir) aims to strengthen and improve services for integral childhood development and initial education, with priority given to vulnerable areas. The Committee also notes the 2012–13 report by the Ministry of Economic and Social Inclusion (MIES) which identifies a plan that aims, among others, to eradicate child labour by increasing the attendance of children aged 6–17 years in a regular and accelerated system of education. The Committee notes that, according to the report, this plan will involve 49,848 children under the age of 18 years in poor families.

The Committee notes the Government’s measures to ensure attendance in education, including in rural areas. It also notes, however, the 2012 UNICEF statistics, which indicate that, while the net enrolment in primary education is 95.9 per cent for boys and 96.3 per cent for girls, it is only 73.5 per cent for boys and 75.1 per cent for girls under 14 years of age in secondary education. Noting the residual disparity between the net attendance rate in primary and secondary education, the Committee requests the Government to ensure that children attend compulsory education, particularly in secondary education, at least until the age of 14 years.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s statement that regulations issued under the Children and Young Persons Code, which will lay down the conditions of employment for children and young persons engaged in artistic activities or performances, were in the process of being validated. The Committee notes, in this respect, that the Government’s report provides no information concerning the validation of these specific conditions. In this respect, the Committee draws the Government’s attention, once again, to Article 8, which allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases, and requires that these permits limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee accordingly expresses the firm hope that the Government will take the necessary measures in the near future to adopt legislation establishing a system of individual permits to be granted for children under 14 years who work in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.