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

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

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), which were received on 3 September 2014.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comment, the Committee noted the implementation of the National Action Plan for the prevention and elimination of child labour and the special protection of young workers. It also noted that a specific module on child labour had been adopted and would be included in the 2010 household survey.

The Committee notes the observation of the CTRN, which makes reference to a 2009–10 report on the drop-out rate in secondary education in Costa Rica, which was published by the Ministry of Public Education in February 2010. The CTRN states, in this respect, that the high drop-out rates in education indicate a serious problem and illustrate that the national system of education does not prioritise universal coverage. The Committee also notes the CTRN’s reference to the statistical information contained in the household survey (ENAHO 2011), which was carried out by the National Statistics and Census Institute (INEC) with technical and financial assistance from ILO–IPEC, and which includes the new specific module on child labour referenced above. The CTRN highlights the results of the ENAHO 2011, according to which 41,187 young persons aged 5 to 17 years (4.6 per cent) are engaged in work prohibited under the Convention; 16,160 children aged five to 14 years (2.2 per cent) are engaged in child labour, 11,593 of which are engaged in hazardous work, and 25,027 young persons aged 15 to 17 years (9 per cent) are engaged in hazardous work.

The Committee notes the Government’s report, which makes reference to the 2010–20 Roadmap for the prevention and eradication of child labour and its worst forms (the Roadmap), which was developed in coordination with ILO–IPEC to succeed the 2010 National Action Plan. The Committee notes that the Roadmap aims to, among others: (i) reduce child labour for young persons aged 5 to 17 years from 113,523 children in 2002 to 27,811 in 2015 and to zero by 2020; and (ii) increase the attendance in secondary education from 85 per cent in 2008 to 95 per cent in 2015 and 100 per cent in 2020. The Government indicates that an information programme entitled “Delphos” has been developed, with ILO assistance, to identify the level at which the Roadmap has achieved its objectives.

The Committee also notes the Government’s statement that, while the results of the ENAHO 2011 are not fully comparable with the results of previous household surveys owing to the new child labour module, a comparison between the surveys nevertheless indicates a reduction in child labour, that is, from 49,229 in 2002 to 16,160 in 2011. The Committee further notes the results of the 2011–13 INEC census, annexed to the Government’s report, according to which the drop out rate for children aged 12 to 14 years has decreased from 13,540 out of 65,230 (20.76 per cent) in 2011 to 996 out of 52,647 (1.9 per cent) in 2013.

The Committee takes due note of the Government’s efforts to implement programmatic measures to reduce child labour and increase attendance in secondary education. However, it also notes that a considerable number of children aged five to 17 years continue to be engaged in hazardous work. The Committee accordingly requests the Government to strengthen its efforts, within the framework of the Roadmap for the prevention and elimination of child labour, to eliminate the engagement of young persons in hazardous work. 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.

Article 3(2). Determination of hazardous types of work. The Committee recalls its previous comment, which noted the Government’s indication that a Bill to prohibit young workers from performing hazardous and unhealthy types of work was included on the agenda of the Commission on Childhood and Youth of the Legislative Assembly.

The Committee notes with satisfaction the Government’s information concerning the adoption of Act No. 8922 entitled “the Prohibition of Hazardous and Unhealthy Work for Adolescent Workers” which entered into force on 25 March 2011. The Committee notes, in this respect, that Act No. 8922 includes a wide range of hazardous types of work, including: mining and quarrying; activities conducted in confined or closed spaces; activities at high sea or work removing scales or molluscs; underwater activities, diving and any activity involving submersion; work in agrochemicals in synthesizers; work involving contact with products, substances or objects with a toxic, combustible, inflammable, radioactive, infectious, irritating or corrosive character; the manufacturing, placement and management of explosive substances and articles; the use of heavy equipment, vibrating generators, and other harmful machinery; the construction or maintenance of public or private roads; the use of manual and mechanical machinery; continuous handling of heavy loads; work in environments with noise exposure and high vibrations; work at high heights; exposure to extreme (low or high) temperatures; the production, distribution or sale of alcoholic beverages; activities that threaten the moral integrity of young persons (such as, for example, nightclubs, brothels, gambling halls, entertainment sites and workshops for adults or establishments where erotic and pornographic material is recorded, printed, photographed, or filmed); activities which place young persons in position of responsibility (including, for example, as public and private security, care of minors, elderly or sick persons); and work referred to in the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee is raising other matters in a request addressed directly to the Government.