Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes 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 matters raised in its previous direct request, which read as follows:

1. Article 2 of the Convention. In its previous comments, the Committee requested 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 Ordinance of 22 August 1952, such as street vendors, fishermen, small traders, agriculturists and horticulturists. The Committee takes note of the Government’s information that the Ordinance of 22 August 1952 is no longer applicable. The Committee also notes the Government’s statement that the work carried out by the categories mentioned above, which are now excluded from the Labour Ordinance of 1990 (section 1(d)), is in general uncommon and as such constitutes an insignificant part of the economy. The Committee further takes note of the Government’s information that no children exercise this type of work. The Committee also notes that the Government of Aruba ratified the Convention on the Rights of the Child in 2001 and that the Government has made a commitment to ensure that all children receive compulsory education up to the age of 17 years. It further notes that the proposal of the State Ordinance on Compulsory Education is presently under review and that it will be presented for approval to the Parliament in the near future. The Committee hopes that the new State Ordinance on Compulsory Education will be in conformity with the Convention and requests the Government to supply a copy of it once it has been adopted.

2. Article 3, paragraphs 1 and 2. In its previous comments, the Committee requested the Government to indicate any progress made towards the entry into force of the state decree to specify the types of hazardous work that should not be assigned to young persons under 18 years of age. In this regard, the Committee notes that section 17(1) of the Labour Ordinance stipulates that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature to be described by a state decree and that section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Government indicates that no progress has been achieved with regard to the abovementioned state decree. The Committee recalls that under Article 3 of the Convention, the minimum age for hazardous work should not be less than 18 years. Moreover, the Government is required to list the types of employment or work that, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety and morals of children. This determination has to be made after consultation with the workers’ and employers’ organizations. The Committee hopes that the Government will make every effort with regard to measures taken to enact the state decree, which the Committee trusts will be in line with Article 3 of the Convention.

3. Article 6. In its previous comments, the Committee noted the indication in the Government’s report that the state decree under section 16(a) of the Ordinance 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 primary school. The Committee pointed out that Article 6 of the Convention permits exceptions only in the case of work done in schools or vocational training institutions and 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 requested the Government to indicate any progress made towards the entry into force of the abovementioned state decree. The Committee further requested the Government to indicate whether in practice children between 12 and 14 years of age are employed in work for training purposes. The Committee notes the Government’s information that there have been no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. The Committee once again requests the Government to supply a copy of the state decree once it has been adopted.

4. Article 7. In its previous comments, the Committee recalled that the Convention requires the competent authority to determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee requested the Government to keep it informed about the progress made with regard to the state decree mentioned under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee also asked the Government to supply a copy of the state decree when adopted, and to indicate whether in practice children between 12 and 14 years of age are employed in light work. The Committee notes the Government’s information that the abovementioned state decree has not been adopted. It further notes the Government’s statement that no instances were recorded to indicate that children between 12 and 14 years of age are employed in light work. The Committee would like to remind the Government of the observations made by the Teachers’ Union of Aruba (SIMAR) with regard to minors performing light work in supermarkets during school hours. The Committee notes the Government’s reply that it is aware of the growing number of school-aged children packing bags in supermarkets during school hours, at night and during school holidays. The Committee further notes the Government’s indication that it does not have adequate inspection machinery to diligently and continuously inspect supermarkets for this reason. The Committee nevertheless recalls that according to Article 7, paragraph 1, of the Convention national laws may permit young persons of 12 to 14 years of age to be employed or to work in light work provided that: (a) this work is not likely to be harmful to their health or development; and (b) is 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 instructions received. The Committee also recalls that according to Article 7, paragraph 3, the competent authority shall determine what is light work and shall describe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to supply information on the measures which have been taken or are envisaged to ensure that national law and practice comply with the requirements of Article 7 of the Convention. The Committee also requests the Government to supply a copy of the abovementioned state decree once it has been adopted.

5. Article 9, paragraph 3. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to oblige employers to keep registers of workers under the age of 18 years. The Committee takes due note of the Government’s information that all employers are obliged under section 9(1)(a) of the State Decree Registration of Workers to register all employees who are in their service, regardless of the employees’ ages.

6. Part V of the report form. The Committee notes the statistics submitted with the Government’s report on the Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90), regarding the number of children under the age of 18 years who are working. It invites the Government to continue to supply information on the manner in which the Convention is applied, including, for example, extracts from the reports of inspections services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of the technical assistance of the ILO to bring its legislation into conformity with the Convention.