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

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

The Committee notes the communications from the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS), dated 13 September 2002, and the International Confederation of Free Trade Unions (ICFTU), dated 3 February 2003. The Committee also takes note of the Government’s observations in response to the questions raised in these communications.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its communication, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that the Government of El Salvador has not adopted a plan of action for the abolition of child labour. The situation in El Salvador shows that girls and boys are on the labour market at ever younger ages.

In its replies, the Government indicates that several forms of measures have been taken to eliminate child labour. These include the signing of a Memorandum of Understanding (MOU) with ILO/IPEC in 1996, which was renewed on 25 November 2002. The MOU is intended to protect girls and boys against economic exploitation and to withdraw them from any form of hazardous work or work which may interfere with their education or prejudice their health and their physical and moral development. The Government also reports that several activities have been implemented with the technical assistance of ILO/IPEC, with a view to promoting the prohibition and regulation of child labour in several sectors, including the harvesting of shellfish on the island of Espiritu Santo, the harvest of coffee beans and work in the markets of Santa Ana. The Government has also established the National Committee for the Progressive Elimination of Child Labour, the responsibilities of which include the formulation of projects to combat child labour.

The Committee takes due note of the Government’s efforts to abolish child labour. It requests the Government to provide information on the implementation of projects to ensure the effective abolition of child labour and the results achieved.

Article 2, paragraph 1. Minimum age for admission to employment or work. In its communication, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that children between the ages of 12 and 14 years are engaged in work. In its communication, the ICFTU states that the minimum age for admission to employment or work is 14 years. Child labour is not generally to be found in export processing zones (EPZs) or in the formal private sector. However, it is very widespread in the unregulated rural and urban economy.

The Committee notes that section 114 of the Labour Code sets the minimum age for admission to employment or work at 14 years. It notes the report entitled "Understanding child labour in El Salvador", published by ILO/IPEC in 2003 in collaboration with the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). According to the statistics contained in this report, the total number of child workers aged between 5 and 14 years is 109,000. Some 222,479 children aged 5 to 17 years work, of whom 49.1 per cent are engaged in the agriculture stock-raising, fishing and forestry sectors; 23 percent in the trading and hotels and catering sectors; 16 per cent in manufacturing; 4.8 per cent in domestic service; 2.4 per cent in construction; 2.1 per cent in transport, storage and communications; 1.9 per cent in community services; and 0.7 per cent in other activities. The report also shows that the percentage of working children rises with age. Under 2 per cent of all children aged 5-9 years work, compared with around 13 per cent of those aged 10-14 years. Furthermore, more than one child in every two aged between 5 and 9 years works in the agricultural sector.

The Committee notes that, according to the statistical data referred to above, difficulties appear to be encountered in the application of the legislation on child labour regulations and that, as indicated by the CATS-CTD-CGT-CTS-CSTS-CUTS and the ICFTU, child labour constitutes a problem in practice. The Committee expresses its deep concern at the situation of children under the age of 14 years who are obliged to work in El Salvador. It therefore encourages the Government to renew its efforts to improve this situation progressively. With reference to its general observation of 2003, the Committee calls upon the Government to continue providing detailed information on the manner in which the Convention is applied in practice, including, for example, the fullest possible statistical information on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention, extracts of the reports of the inspection services and information on the number and nature of the violations reported and on the penalties imposed, particularly in the agricultural, trading, hotel and catering, manufacturing and domestic service sectors.

Article 2, paragraph 3. Compulsory schooling. In its communication, the ICFTU indicates that education is compulsory and, in theory, free of charge up to the age of 14 years. However, there are additional fees to be paid, which prevent the children of poor families from attending school. The great majority of children who work do so to the detriment of their school attendance. The ICFTU concludes that the authorities should facilitate the access to education of the children of poor families, who are prevented by educational costs from attending school.

In its report, the Government indicates that the legislation does not set a specific age for the completion of  compulsory schooling. However, by virtue of section 114 of the Labour Code, it may be inferred that the age of completion of compulsory schooling is 14 years. The Committee notes that section 114 of the Labour Code prohibits children of under 14 years who are still subject to compulsory schooling from working in any occupation. It also notes that, according to the information contained in the report entitled "Understanding child labour in El Salvador", the Ministry of Education (MINED) has shown its determination over the past ten years, to improve the situation with regard to education in El Salvador by undertaking several reforms in this field. These reforms have led to significant progress, particularly in relation to access to education in rural areas.

The Committee notes the Government’s efforts to improve access to education. It encourages the Government to pursue its efforts in this field and requests it to provide additional information on the measures that it intends to take to facilitate the access of children to school. The Committee also requests the Government to provide statistical data on the school attendance rate in El Salvador.

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