Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Ecuador (Ratification: 2000)

With reference to its previous comments, the Committee notes with interest that Act No. 2006-39 amending the Labour Code, published in Official Journal No. 250 of 13 April 2006, entered into force on that date and harmonizes the provisions of the Labour Code that regulate the economic activity of children with the provisions of the Children’s and Young Persons’ Code of 2003.

Article 2, paragraphs 2 and 5, of the Convention. Raising the minimum age for admission to employment or work to 15 years. In its previous comments, the Committee noted the Government’s statement that 14 years had been set as the minimum age on the basis of custom and in view of the situation in the country. It requested the Government to provide information on its decision to specify a minimum age of 14 years, in accordance with Article 2, paragraph 5, of the Convention. The Committee notes with interest that, according to the Government, the abovementioned Act No. 2006-39 raises the minimum age for admission to employment or work from 14 to 15 years, thus aligning section 134(1) of the Labour Code with section 82(1) of the Children’s and Young Persons’ Code of 2003. The Committee takes this opportunity to draw the Government’s attention to Article 2(2) of the Convention, according to which each Member which has ratified the Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. The Committee requests the Government to consider the possibility of sending such a declaration to the Office.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted previously that there was a difference between the minimum age of 14 years for admission to employment or work, specified by the Government upon ratifying the Convention, and the age of completion of compulsory schooling, which the Committee infers from the national law on education to be 15 years. It asked the Government to indicate how compulsory schooling is enforced in practice. The Committee notes the information sent by the Government on the national law on education. Being of the view that one of the most effective ways of combating child labour is to make the minimum age for admission to employment coincide with the minimum age for completion of compulsory schooling, the Committee takes due note that in the legislation the two ages coincide and are set at 15 years.

Article 3, paragraph 2. Determination of hazardous work. In its previous comments, the Committee noted that, following two national consultations on a revision of the list of jobs which are hazardous and prohibited for minors and children, the National Council for Children and Young Persons was preparing regulations on such work. The Committee notes the Government’s statement that the regulations in question are still being prepared by the National Council for Children and Young Persons in cooperation with the National Committee for the Progressive Elimination of Child Labour. The Committee hopes that the regulations will be completed and adopted in the near future. It requests the Government to report on progress made in this regard.

Article 6. 1. Apprenticeship. In its previous comments, the Committee noted that, according to section 134 read in conjunction with section 158(4) of the Labour Code, minors may start apprenticeships from the age of 12 years. It reminded the Government that Article 6 of the Convention allows work by persons of at least 14 years of age in undertakings as part of an apprenticeship course, and asked the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years carries out an apprenticeship. The Committee takes due note that Act No. 2006-39 has amended section 158(4) of the Labour Code, which now specifies that the age for admission to apprenticeship is 15 years.

2. Vocational training. In its previous comments, the Committee noted that under section 92 of the Children’s and Young Persons’ Code of 2003, boys, girls and young people may engage in training activities in which work is an important component of the overall training. The activities must be so performed as to be compatible with the health, capacity, physical status and mental development of the boys, girls and young persons and must respect their moral and cultural values. Furthermore, in programmes that include training activities, priority must be given to teaching requirements. In the absence of a reply to these comments, the Committee requested the Government to provide information on the types of employment or work which are treated as training activities under section 92 of the Children’s and Young Persons’ Code of 2003, including examples of such programmes. The Committee notes the Government’s statement that several public and private institutions take part in the training of boys, girls and young persons by setting up programmes in conformity with the national legislation and international agreements regulating the subject.

Article 7. Light work. The Committee noted previously that, under section 134(2) and (3) of the Labour Code, the juvenile court may under certain conditions authorize work by young persons aged from 12 to 14 years. It further noted that section 82(3) of the Children’s and Young Persons’ Code of 2003 provides that the National Council for Children and Young Persons may, of its own accord or at the request of a public or private body, authorize work by persons under 15 years of age in accordance with the conditions laid down by the Code, the law, or international instruments ratified by Ecuador. The Committee requested the Government to take the necessary steps to ensure that no one under 12 years of age may be allowed to work and that, where work is authorized from the age of 12 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention. The Committee notes the Government’s statement that under the national legislation, no one under 15 years of age is allowed to work in Ecuador.

Article 8. Artistic performances. In its previous comments, the Committee noted that, according to the Government, the national legislation does not regulate the procedure for authorizing participation in artistic performances or set conditions for such authorization. This is left to the discretion of the persons who have the care of the young persons. The Committee asked the Government to take the necessary steps to ensure that young people participating in artistic performances have the protection prescribed by Article 8 of the Convention. The Committee notes the Government’s statement that regulations issued under the Children’s and Young Persons’ Code will lay down the conditions of employment for children and young people engaged in artistic activities or performances. The Committee reminds the Government in this connection that under Article 8, paragraph 1, of the Convention, the competent authority may waive the minimum age of 14 years specified by Ecuador for admission to employment or work and, after consultation with the organizations of employers and workers concerned, may grant permission in individual cases for participation in artistic performances. It also reminds the Government that according to Article 8, paragraph 2, the permits so granted must limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee hopes that the Government will take account of the above comments in the drafting of the regulations to be issued under the Children’s and Young Persons’ Code.

Article 1 and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee took note of the statistical information in a survey on child labour in urban and rural areas, published by the National Institute of Statistics and Censuses (INEC) in August 2001. According to the survey, 111,569 boys and girls aged from 5 to 9 years and 343,554 aged from 10 to 14 years are engaged in economic activity in Ecuador. Agriculture is the sector with the most child workers aged from 5 to 14 years, with a total of 307,092. The Committee observed that these statistics indicated that practice was inconsistent with the legislation and the Convention, and expressed serious concern at the situation of children under 14 compelled to work. It strongly encouraged the Government to step up efforts to improve matters gradually, in particular by pursuing its cooperation with ILO/IPEC, and asked it to continue to provide statistical data on the employment of children and young persons and to send reports by the inspection services.

The Committee takes note of the statistical data produced by the INEC for 2005. It notes with interest that, according to the data, the number of child workers aged from 5 to 17 years is falling in Ecuador: it dropped from 800,000 in 2001 to around 550,000 in 2005. It notes, however, that although the percentage is also lower, 47 per cent, nearly half the children are aged from 5 to 14 years. Furthermore, 64 per cent work in rural areas, i.e. they are engaged in unpaid family work, which, as the Government observes, makes it more difficult to implement public policy for the gradual elimination of child labour. Furthermore, 47 per cent of working children aged from 5 to 17 years do not attend school. The Committee notes the Government’s statement that the child labour inspection and supervision service has been strengthened since 2004. The inspection staff has been increased and inspectors have received special training. The Committee also notes that the Government has renewed its Memorandum of Understanding with ILO/IPEC until 2007. Moreover, Ecuador participates in the Time-bound Programme (TBP) to eliminate the worst forms of child labour and a number of projects have recently been drawn up under the programme, particularly in the banana- and flower-growing sectors. According to information available at the Office, the Government is in the process of preparing a new national action plan for the elimination of child labour and its worst forms.

In view of the foregoing, the Committee takes due note of the measures taken by the Government to combat child labour. Despite a real improvement, the Committee is bound to note that practice is inconsistent with the legislation and the Convention. The Committee expresses serious concern at the situation of children under 15 years of age who are compelled to work, and again strongly encourages the Government to step up efforts gradually to improve the situation. It asks the Government to provide information on the practical effect given to the Convention, including statistical data on the employment of children and young persons, and reports of the inspection services, indicating the number and nature of infringements reported. The Committee also asks the Government to provide information on the results of the projects implemented in the banana- and flower-growing sectors, particularly with regard to the elimination of child labour in these sectors.