Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Minimum Age Convention, 1973 (No. 138) - Aruba

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

  Article 2 of the Convention. The Committee noted that section 15, subsection 1, of the Ordinance of 22 August 1952 prohibits the employment of children under 14 years of age with the exception of certain categories of work which are excluded from the scope of the Ordinance under section 1, such as street vendors, fishermen, small traders, agriculturists and horticulturists. It noted that the Government, in its report, referred to the Civil Code which provides that minors, who are persons under 21 years of age and not married, only have capacity to contract with the consent of his or her legal representative for a specific transaction or for a specific purpose, or with the emancipation granted by a court for special capacities. The Committee points out that the minors’ limited legal capacity to contract does not necessarily prevent them from engaging in such types of work as mentioned above. Recalling that the Convention applies to all categories of employment or work, the Committee again requests the Government to indicate any measures taken to prohibit the work or employment of persons under the age of 14 years with regard to the categories excluded from the above Ordinance.

The Committee noted the Government’s statement that it is likely that Aruba will make education compulsory for children up to the age of 15 although there are several issues on which agreement has to be reached before introducing it. The Committee asks the Government to indicate any development in this regard.

The Committee noted that, according to the Government’s report, several state decrees made under Ordinances dating back to 1950 have not yet entered into force. It asks the Government to reply to the specific questions raised below and also to clarify whether provisions of these state decrees already exist and are awaiting entry into force or the provisions need yet to be elaborated.

  Article 3, paragraphs 1 and 2. The Committee noted the indication in the Government’s report that the state decree under section 17, subsection 1, of the Ordinance to specify the type of dangerous work which should not be assigned to young persons under 18 years of age has not yet entered into force. It asks the Government to indicate any progress made towards the entry into force of the state decree, to send a copy and whether the employers’ and workers’ organizations had been consulted, in accordance with paragraph 2 of this Article.

  Article 6. The Committee noted the indication in the Government’s report that the state decree under section 16(a) of the Ordinance, as amended by the Ordinance of 12 March 1954, specifies certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of a primary school, had not yet entered into force. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. The Committee requests the Government to supply a copy of the state decree when adopted, and to indicate whether in practice children between 12 and 14 years are employed on work for training purposes.

  Article 7. The Committee noted the indication in the Government’s report that the state decree under section 16(b) of the Ordinance, as amended by the Ordinance of 12 March 1954, specifies certain tasks which can be done by children of 12 years or over who have completed the sixth class of a primary school, has not yet entered into force. It recalls that the Convention requires the competent authority to determine the activities allowed as light work in which young persons between 12 and 14 years may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee requests the Government to supply a copy of the state decree when adopted and to indicate whether in practice children between 12 and 14 years are employed in light work.

  Article 9, paragraph 3. The Committee again asks the Government to supply information on the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention and provide a model of the register in question.

  Part V of the report form. The Committee noted the information on education in Aruba supplied by the Government with the report. It asks the Government to supply further information on the practical application of the Convention, including any statistics on child labour and information on the inspections made and the contraventions reported.