Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Costa Rica (Ratification: 2001)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.

Articles 3(d) and 7(2)(b) of the Convention. Worst forms of child labour and effective time-bound measures. Hazardous work and. . removing children from such work and ensuring their rehabilitation and social integration. Child domestic labour. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that the legislation on hazardous types of work is effectively enforced in order to prevent young domestic workers under 18 years of age from performing hazardous work, and to indicate the number and type of violations detected and the number of persons prosecuted. The Committee also asked the Government to indicate the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

The Committee notes the observations of the CTRN, which highlights the fact that child domestic work is often done without remuneration and is largely carried out by migrant children. The CTRN calls for a survey of child domestic labour to be carried out and for more comprehensive action by the Government.

The Committee also notes the statistics issued by the National Labour Inspectorate (DNI), which are contained in the Government’s report. Out of four cases of child domestic labour detected between January and June 2021, two cases are concerned with domestic work. The Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 4 March 2020 relating to the fifth and sixth periodic reports of Costa Rica, expressed concern at reports of the worst forms of child labour, particularly the employment of girls in domestic work and the employment of young persons in the informal economy. Noting the lack of information on the measures taken and the lack of statistical data on children in domestic work, the Committee once again requests the Government to provide detailed information on the measures taken to ensure that the legislation on hazardous types of work is effectively enforced in order to prevent young domestic workers under 18 years of age from performing hazardous work, and to indicate the number and type of violations detected and the number of persons prosecuted. Once again noting the absence of specific information on this point, the Committee also requests the Government to indicate the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of these children from hazardous labour and for their rehabilitation and social integration.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee asked the Government to keep it informed of the drafting and adoption of Bill No. 19130 to reinforce the application of labour standards by empowering the labour inspectorate to impose penalties so as to eliminate the need to bring all cases before the judiciary. It also asked the Government to provide information on the other measures adopted to reinforce the labour inspection system and to ensure the effective enforcement of the legislation.

The Committee notes the observations of the CTRN, which considers that the already low number of labour inspectors in the DNI has decreased and also observes a decrease in the number of inspections carried out by the DNI. However, the Committee notes that the Government in its report highlights the 25 per cent increase since 2016 in the budget allocated to the DNI, which, according to the Government, has increased the total number of labour inspectors (from 88 in 2017 to 122 in 2018), of offences detected (from 20,398 in 2016 to 29,339 in 2018) and of employees monitored (from 200,645 in 2016 to 300,000 in 2018).

The Committee also notes that Bill No. 19130 has been replaced by Bill No. 21185, aimed at modernizing the inspection framework to facilitate the work of labour inspectors. The Bill proposes a system of administrative penalties for labour offences, depending on whether they are classified as minor, serious or very serious. A register of repeat offences will also be proposed. The Committee further notes the setting up of a labour inspection school in 2019. Moreover, it notes the strengthening of coordination between the various agencies linked to the labour market, such as the Costa Rican Social Security Fund (CCSS), the DNI and the National Insurance Institute (INS), in the context of the national strategy for the transition to the formal economy. The Committee therefore encourages the Government to continue its efforts to reinforce the labour inspectorate in order to improve labour inspectors’ capacity to identify the worst forms of child labour. It requests the Government to provide information in this regard and also the results achieved, including the penalties imposed. It further requests the Government to keep it informed with respect to the drafting and adoption of Bill No. 21185.

Article 6. Programmes of action. In its previous comments, the Committee asked the Government to continue providing information on the implementation of the programmes and measures envisaged to achieve the objectives of the 2015–20 roadmap, and on the statistics compiled through the integrated national information system on child labour.

The Committee notes that in 2018, according to the Government’s report, various actions contained in the roadmap were implemented, including: assisting children by means of monetary transfer programmes; training officials in a number of ministries; the signing of a cooperation agreement between the Ministry of Labour and Social Security and the trade unions in order to incorporate actions for combating child labour and the worst forms thereof in trade union policy objectives; and the creation of the network of enterprises for the elimination of child labour. Moreover, four new components were added to the Puente al Desarrollo II (“Bridge to development II”) national strategy, linking work, agriculture, the community and prevention to the social protection of communities and families. The Committee requests the Government to continue providing information on the implementation of programmes in progress, and on the statistics compiled through the integrated national information system on the worst forms of child labour, disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clause (a) Preventing the engagement of children in the worst forms of child labour. Trafficking of children and commercial sexual exploitation of children. In its previous comments, the Committee asked the Government to provide information on the specific results achieved as a result of the various coordination measures taken by national and international institutions to prevent children from becoming victims of trafficking and commercial sexual exploitation.

The Committee notes the statistics on the trafficking and sexual exploitation of children communicated by the National Foundation for Children (PANI). In June 2020, PANI registered 20 children between 9 and 12 years of age as victims of sexual exploitation; these children received comprehensive care from non-governmental organizations.

The Committee also notes the process for updating the 2017 protocol on child labour through consultations held in collaboration with the International Organization for Migration (IOM), the National Coalition against Migrant Smuggling and Human Trafficking (CONATT), and various state entities, in order to reinforce the protocol at the internal level. The Committee also notes various training courses for civil servants carried out in 2019, and also the creation of an institutional technical committee to take action within the Ministry of Labour and Social Security to address the issue of trafficking in persons. The Committee encourages the Government to continue its efforts to prevent children becoming victims of commercial sexual exploitation and requests it to continue providing statistical data on cases of child victims of trafficking and sexual exploitation, disaggregated by age and gender.

Article 8. International cooperation and assistance. Trafficking for commercial sexual exploitation. In its previous comments, the Committee asked the Government to indicate in detail the activities undertaken by the bipartite commission responsible for establishing and coordinating mechanisms to provide protection for young migrants, and particularly its international cooperation and assistance activities, and to indicate the measures adopted by PANI to protect and repatriate young migrants. The Committee also asked the Government to provide statistics on the number of child victims who have been identified and then repatriated to their country of origin.

The Committee notes the statistics from PANI, in the Government’s report, concerning the repatriation by region of children between 2017 and June 2020. A total of 2,310 repatriations were carried out, with 309 in 2017, 770 in 2018, 767 in 2019, and 464 from January to June 2021. The Committee indicates that, according to the IOM World Migration Report 2020, one of the most prominent intraregional migration corridors involves Nicaraguans, Panamanians and nationals of other Central American countries moving to Costa Rica. The Committee therefore requests the Government to continue its efforts to protect and repatriate young migrants. It requests the Government to continue providing information on the activities undertaken, particularly its international cooperation and assistance activities. The Committee also requests the Government to provide detailed statistics on the number of child victims, disaggregated by age and gender, who have been identified and then repatriated to their country of origin.