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

Minimum Age Convention, 1973 (No. 138) - Chile (Ratification: 1999)

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comment concerning an anticipated national survey of child labour, the Committee notes with interest the survey on child labour activities (EANNA) of 2012, which was carried out by the Ministry of Social Development, the Ministry of Labour and Social Provision and ILO–IPEC.

The Committee also notes the Government’s information concerning its national policies and programmatic measures to combat child labour. More concretely, the Committee notes the Government’s information concerning the National Service for Minors (SENAME), which has been collaborating with the Chilean Security Association to strengthen the technical capacity of relevant organizations, including the investigative police. According to the Government’s report, the SENAME also collaborated with private enterprises to execute programmes in 121 national offices. The Committee notes, in this respect, the Guide on Child Labour of 2014, which was developed by the SENAME, the ILO and the Chilean Global Compact Network. The Committee further notes the Government’s reference to the Office of the Protection of Children’s Rights (OPD), which has undertaken several intervention programmes concerning child labour in hazardous work. Finally, the Committee notes the Inter-sectorial Protocol on the Detection and Integral Attention for Children engaged in Hazardous Agricultural Work, which recognises the prevalence of child labour in the industry and stipulates a four-step plan of action to combat this practice.

The Committee takes due note of the Government’s efforts to implement programmatic measures to reduce child labour. It notes that, according to the EANNA, of the 3,328,005 children aged five to 17 years in Chile, 219,624 (6.6 per cent) are engaged in child labour. It notes, however, that out of the 219,624 children engaged in child labour, 197,743 children (90 per cent) aged five to 17 years are engaged in hazardous work, which includes 72,144 children aged five to 14 years, and 122,559 children aged 15 to 17 years. The Committee accordingly urges the Government to strengthen its efforts to eliminate the engagement of young persons in hazardous work, including within the framework of the Protocol, mentioned above. It also requests the Government to continue to provide updated statistical information on the nature, extent and trends of the labour of children and young persons working below the minimum age specified by the Government at the time of ratification, and on the number of violations of the legislation.

Article 2(1). Scope of application. The Committee previously noted that while the Labour Code does not apply to employment relationships that are not based on a contract, such as children working on a self-employed basis, those children were covered under the Government’s “Bridge Programme”. The Committee notes the Government’s statistical information, according to which 1,655 families (81.8 per cent) that requested assistance from the programme satisfied the minimum condition that no child under the age of 18 years had abandoned school for work, and 83 families (72.8 per cent) that requested assistance satisfied the minimum requirement that no child who works may work in hazardous activities or be engaged in the worst forms of child labour. The Committee appreciates this information on the number of families participating in the Bridge Programme and requests the Government to indicate the number of children working in the informal sector who have been withdrawn from their work and reintegrated in the school system based on the Programme.

Article 8. Artistic performances. In its previous comment, the Committee noted that section 13(2) and section 16 of the Labour Code, as amended by Act No. 20.189 of 15 May 2007, stipulates the conditions in which children may participate in artistic performances but fails to satisfy the requirement under Article 8(1) of the Convention requiring permits for such participation to be duly granted on an individual basis by the competent authority. The Committee notes the Government’s indication that, in order to implement this requirement, section 16 of the Labour Code would need to be amended, which remains to be evaluated. Recalling that it has been requesting the Government to implement this requirement of the Convention for over ten years, the Committee urges the Government to take the necessary steps to regulate permits for children under 15 years of age to participate in artistic activities, as prescribed by Article 8(1) of the Convention, without further delay.