Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Age Convention, 1973 (No. 138) - Argentina (Ratification: 1996)

Article 2 of the Convention. 1. Scope of application. In its previous comments, the Committee noted that under section 189 of Act No. 20.744 respecting labour contracts, the minimum age for admission to employment or work, whether or not it is remunerated, is 14 years. It also noted that under sections 32 and 187 of Act No. 20.744, young persons between 14 and 18 years of age may, under certain conditions, be party to a labour contract. The Committee noted that the national legislation governing the admission of children to employment or work does not apply to employment relations which are not a result of a contract, such as work carried out by young persons on their own account. In its report, the Government indicates that the labour legislation establishes a minimum age for admission to employment of young persons who perform an activity in the context of a contractual employment relationship and remains silent with regard to children exercising an economic activity on their own account. It also states that the activities undertaken by young persons on a public thoroughfare outside the context of the law are not activities exercised on their own account, but a survival strategy. While noting this information, the Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is paid. Taking into account the statistical information contained in the document on the child labour situation in Argentina (a summary of the report analysing child labour in Argentina), prepared by ILO/IPEC and the Ministry of Labour in 2000-01, the Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the protection afforded by the Convention is secured for children exercising an economic activity on their own account.

2. Raising the minimum age for admission to employment or work. Further to its previous comments, the Committee notes that at a meeting between the National Commission for the Elimination of Child Labour (CONAETI), the Coordinating Unit for International Affairs of the Ministry of Labour, Employment and Social Security and the Ministry of Education, Science and Technology the participants agreed on the new wording of section 189 of Act No. 20.744 respecting labour contracts. This new provision should raise the minimum age for admission to employment or work from 14 to 15 years. However, the Committee notes that no draft legislation has yet been adopted for this purpose by the legislative authorities. It requests the Government to provide the Office with any new information in this respect.

Article 7. Light work. In its previous comments, the Committee noted that under the terms of section 189 of Act No. 20.744 respecting labour contracts, young persons under 14 years of age may work in enterprises in which only members of the same family are engaged, on condition that their activities are not hazardous or harmful. It also noted that, in the agricultural sector, section 107 of Act No. 22.248 authorizes young persons under 14 years of age to work in family farms where their work does not prevent their regular attendance at primary education. It further noted the Government’s indications that the types of work envisaged in section 107 of Act No. 22.248 may be considered to be light work. In its report, the Government states that the exception contained in section 107 is based on a deep-rooted social practice of an atavistic cultural nature in relation to which the National Agrarian Labour Commission is undertaking awareness activities with a view to the elimination of the scourge of child labour. While noting the information provided by the Government, the Committee notes once again that neither section 189 of Act No. 20.744 respecting labour contracts, nor section 107 of Act No. 22.248 establish an age for admission to light work. It is therefore bound once again to remind the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons of 12 to 14 years of age on light work or the performance by such persons of light work provided that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee urges the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons from 12 to 14 years of age in accordance with the conditions prescribed by Article 7, paragraph 1, of the Convention. It also requests the Government to indicate whether the national legislation includes provisions prescribing the number of hours during which and the conditions in which light work may be undertaken, in accordance with Article 7, paragraph 3, of the Convention, and to provide a copy thereof.

Article 8. Artistic performances. The Committee noted that Decree No. 4364/66 establishes the procedure for authorizing the participation of young persons under 18 years of age in artistic performances. In accordance with the Decree, the Ministry of Labour shall, when granting the authorization to work, ascertain that certain conditions are complied with, and particularly that the health, morals and life of children and young persons are not endangered, that the activities are not carried out at night and that the children benefit from a period of rest of at least 14 consecutive hours. The Committee once again requests the Government to provide a copy of Decree No. 4364/66.

Part V of the report form. Application of the Convention in practice.  Referring to its general observation of 2003, the Committee noted that the application of the Convention frequently continues to give rise to serious difficulties in practice. The Committee takes note of the document entitled "The situation of child labour in Argentina", summarizing a report analysing child labour in Argentina, prepared by ILO/IPEC and the Ministry of Labour in 2000-01 and containing statistical data for 1997 and 1998. According to this document, the population of children between 5 and 14 years of age in Argentina was 5.7 million in 1997. Of this number, taking into account "children who work outside the home or earn tips or habitually assist in family work or neighbours", some 395,780 children worked in urban areas and 87,022 in rural areas, making a total of 482,803 children. Furthermore, when taking into account "children who work outside the home and earn tips or habitually help with family work or neighbours or do housework when their elders are absent", some 1,232,852 children work in urban areas and 271,074 in rural areas. According to this document, there is a greater incidence of child labour in rural areas, with a child labour rate of 10.4 per cent, compared with 6.7 per cent in urban areas, for the first type of child labour, and 32.4 per cent in rural areas, compared with 20.8 per cent in urban areas for the latter. The Committee notes that the school attendance rate of child workers was 92.2 per cent, with 7.8 per cent no longer attending school, although they had attended it previously. The Committee observes that these statistical data are for 1997 and 1998. It notes that, in its concluding observations concerning the second periodic report of Argentina in October 2002 (CRC/C/15/Add.187, paragraph 58), the Committee on the Rights of the Child noted with deep concern the growing number of children under 14 who are exploited economically, in particular in rural areas, because of the economic crisis.

The Committee however notes that the National Plan for the Prevention and Elimination of Child Labour envisages a National Programme for the Prevention and Elimination of Child Labour in Rural Areas, which applies to children under 14 years of age who work or are at risk of working in rural areas. The Committee also notes that the National Plan envisages a Programme for the Prevention and Elimination of Child Labour in Urban Areas. This latter Programme commenced in 2003 and will be completed in 2008. It applies to boys and girls under 14 years of age who work or are at risk of working in urban areas. The Committee also notes that the Ministry of Labour, Employment and Social Security and ILO/IPEC signed an agreement in 2003 for the preparation of a child labour study, which is due to be completed on 31 December 2004. The objective of the study is to compile, analyse and disseminate quantitative and qualitative information on child labour in Argentina. The study will cover the region of Gran Buenos Aires, which includes the city of Buenos Aires and the 24 surrounding municipalities, and the region of Cuyo, which consists of the provinces of Mendoza, San Juan and San Luis.

The Committee expresses its deep concern at the situation of children under 14 years of age who are compelled to work in Argentina through personal need. It therefore strongly encourages the Government to renew its efforts to improve this situation progressively. The Committee requests the Government to provide the information gathered by the child labour study prepared by the Ministry of Labour, Employment and Social Security and ILO/IPEC. It also requests the Government to provide information on the implementation of the National Programme for the Prevention and Elimination of Child Labour in Rural Areas and the Programme for the Prevention and Elimination of Child Labour in Urban Areas, and the results achieved.