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

Minimum Age Convention, 1973 (No. 138) - Honduras (Ratification: 1980)

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted that it would be necessary to amend section 2(1) of the Labour Code, which excludes from its scope agricultural and stockbreeding undertakings that do not permanently employ more than ten workers, so that the minimum age provisions contained in the Labour Code apply to this category of workers in agriculture and stockbreeding. However, the Committee noted that although section 284 of the 1996 Code concerning Children and Young Persons repealed certain provisions of the Labour Code, section 2(1) of the Labour Code concerning the exclusion of agricultural and stockbreeding undertakings not permanently employing more than ten workers is still in force. The Committee also indicated that, by virtue of sections 4 to 6, the 2001 Child Labour Regulations only apply to contractual labour relations.

The Committee notes the Government’s statement that the planned revision of the Labour Code is intended to bring it into line with the international Conventions ratified by Honduras and to harmonize the provisions of the Labour Code and the 2001 Child Labour Regulations with those of the 1996 Code concerning Children and Young Persons, so as to apply the provisions concerning the minimum age for admission to employment or work to all children, whether working under a contract of employment or on their own account. The Committee also notes the Government’s statement that young persons performing an economic activity in agriculture start working at about 16 years of age. However, it notes that the statistics in the national report on child labour in Honduras, undertaken by the National Institute of Statistics and ILO/IPEC and published in September 2003, indicate that 54.3 per cent of children between 5 and 9 years of age and 59.8 per cent of those between 10 and 14 years of age work in agriculture, forestry, hunting and fisheries. In addition, according to these statistics, 6.2 per cent of children between 5 and 17 years of age in urban areas and 7 per cent in rural areas work on their own account. In view of these worrying statistics, the Committee expresses its firm hope that the draft revision of the Labour Code will be adopted in the near future and that it will take account of the comments made above.

Article 2, paragraph 4. Minimum age for admission to employment or work. The Committee noted previously that, under section 119 of the 1996 Code concerning Children and Young Persons, work by children is subject to authorization by the Departments of Labour and Social Security of the Secretariat of State. Under section 120(2) of the Code concerning Children and Young Persons, a minor under 14 years of age may not under any circumstances be permitted to work. The Committee also noted that under section 32(1) of the Labour Code, young persons under 14 years of age and those having reached this age who are still engaged in compulsory education are not allowed to work. However, it noted that under section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work, if they consider that it is indispensable for ensuring their subsistence or that of their parents or brothers and sisters, and provided that it does not prevent them from completing their compulsory schooling. The Government indicated that cultural practices in the country make child labour legitimate at an age that is well below the minimum age for admission to employment or to work specified when the Convention was ratified, namely 14 years.

The Committee notes the Government’s statement that the Honduran Council for Private Enterprise and the chambers of commerce have indicated to their members that they must not employ boys or girls under 14 years of age. Furthermore, they must not allow children access to the workplace, even with their parents. The Committee notes the declaration of the Honduran Council for Private Enterprise relating to entrepreneurs and their fight against child labour. Under this declaration, certain enterprises have adopted internal guidelines in order to prohibit the work of children under 17 or 18 years of age and ban access to the workplace in the maquiladoras, melon, sugar, tobacco, powder, fisheries and bus conducting sectors. It notes, however, that the statistics contained in the national report on child labour in Honduras undertaken by the National Institute of Statistics and ILO/IPEC indicate that 35.5 per cent of children between 5 and 9 years of age and 27.3 per cent of those between 10 and 14 years of age work in shops, hotels and restaurants; that 8.5 per cent of children between 5 and 9 years of age and 6.9 per cent of those between 10 and 14 years of age work in manufacturing industries; and that 1.5 per cent of children between 5 and 9 years of age and 1.4 per cent of those between 10 and 14 years of age work in the construction industry. The Committee notes that these sectors of economic activity are not covered by the declaration of the Honduran Council for Private Enterprise. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure the application of the Convention by providing that no authorization shall be granted to any person under 14 years of age to work in any sector of economic activity, including those sectors not covered by the declaration of the Honduran Council for Private Enterprise.

Article 3, paragraphs 1 and 2. Prohibition of the types of hazardous work for persons under 18 years of age. Further to its previous comments, the Committee notes with interest that section 122 of the 1996 Code concerning Children and Young Persons sets out a list of substances and environments establishing the types of hazardous work that must be prohibited for young persons under 18 years of age. It also notes that the prohibition on the performance of hazardous work applies to activities carried out in the context of an apprenticeship or vocational training programme.

Article 3, paragraph 3. Hazardous work from the age of 16 years. In its previous comments the Committee noted that, under section 122(3) of the 1996 Code concerning Children and Young Persons, young persons between 16 and 18 years of age may be permitted to perform types of hazardous work, as listed in section 122(2) of the Code, if approved by technical studies undertaken by the National Vocational Training Institute or a specialized technical institute under the responsibility of the Secretariat of State for Public Education. The Committee notes the Government’s statement that the Department of Labour and Social Security examines the technical studies with a view to certifying that the workloads associated with the tasks in question can be performed by young persons between 16 and 18 years of age and that occupational safety measures are taken in order to minimize the dangers to their health and safety. The Committee requests the Government to provide statistical information on the number of work permits granted by the Department of Labour and Social Security to young persons between 16 and 18 years of age.

Article 9, paragraph 3. Employers’ registers. Further to its previous comments, the Committee notes the Government’s statement that the visits made in 2002 and 2003 by the inspectors of the Programme on the Gradual and Progressive Elimination of Child Labour revealed that employers occupying young persons who are permitted to work do not have a register, as provided for by section 126 of the 1996 Code concerning Children and Young Persons. The inspectors were therefore obliged to encourage human resources managers to keep such registers for the inspectors. The Committee requests the Government to indicate whether, on their subsequent visits, the inspectors were able to observe that their recommendations had been followed and that employers recruiting young persons are keeping a register containing certain information, such as the age, name and home address of such persons.

Part V of the report form. Application of the Convention in practice. Referring to its general observation of 2003, in which it noted that the application of the Convention was still frequently experiencing serious difficulties in practice, the Committee notes the statistical information communicated by the Government in its report, which are taken from the national report on child labour in Honduras undertaken by the National Institute of Statistics and ILO/IPEC. According to the statistical information in this report for the period May-July 2002, a total of 367,405 boys and girls between 5 and 17 years of age were working or looking for work. Of these, a total of  356,241 - of whom 73.6 per cent were boys and 26.4 per cent were girls - were engaged in an economic activity. According to the report, child labour predominates in rural areas, where 69.2 per cent of boys and girls between 5 and 17 years of age work, while 30.8 per cent of girls and boys in the same age group in urban areas work. Still according to the study, 2 per cent of children between 5 and 9 years of age were working; 16.9 per cent of those between 10 and 14 years of age were working; and 40.5 per cent of young persons between 14 and 17 years of age were working. In addition, 56.2 per cent of children between 5 and 17 years of age work in agriculture, forestry, hunting and fisheries; 24.4 per cent in shops, hotels and restaurants; 8.2 per cent in manufacturing; and 11.2 per cent in mines and quarries, electricity, gas and water, construction, transport, finance and services. According to statistical data for 2003, a total of 255,972 children between 5 and 17 years of age were working, i.e. 9.9 per cent of the child population. Child labour for the same age group in rural areas had decreased slightly, with 65.4 per cent performing an economic activity, while the percentage of child workers in urban areas had increased to 34.6 per cent.

The Committee notes that the National Committee on the Gradual and Progressive Elimination of Child Labour is composed of 21 bodies, including representatives of governments, employers’ and workers’ organizations and civil society, such as the NGOs Save the Children and Casa Alianza. In addition, ILO/IPEC and UNICEF may participate in the meetings of the National Committee. The Committee also notes the general report concerning the National Action Plan on the gradual and progressive elimination of child labour, which is being revised by the National Committee. The Committee observes moreover that the Memorandum of Understanding (MOU) signed with ILO/IPEC in 2002 provides for promoting the systematic incorporation of measures relating to the prevention and progressive elimination of child labour and to the protection of young people in the national action programmes and policies adopted by the Government. Finally, the Committee notes the project concerning the elimination of child labour at traffic lights and takeaway food outlets on the boulevards of Tegucigalpa and Comayaguela. According to National Committee report No. 7-2003 on this project, of 300 child workers, 150 boys and girls have been integrated into the regular education system and 150 have had access facilitated to the education system.

The Committee notes that the Government is working intensively on the elimination of child labour. However, the Committee is once again deeply concerned by the situation of children under the age of 14 years in Honduras who are compelled to work out of personal necessity. Indeed, in the light of the statistical data quoted above, the application of the legislation on child labour appears difficult to achieve in practice. It therefore strongly encourages the Government to renew its efforts to make progressive improvements to the situation.