Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Uruguay (Ratification: 1977)

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention and Part V of the report form. Application of the Convention in practice. The Committee notes the household survey conducted by the National Institute of Statistics (INE) in 2006. According to this study, 5.4 per cent of children between 5 and 17 years of age perform an activity which can be considered as child labour within the meaning of ILO Conventions, except for activities performed at home, accounting for approximately 35,000 children. However, if activities of an intensive nature and likely to jeopardize the development of young persons performed at home are taken into account, the proportion of children between 5 and 17 years of age who work increases to 7.9 per cent. In addition, according to the study, girls are more involved in work done at home, while boys are engaged in economic activity outside the home. The Committee also notes the national study on the situation of education in Uruguay which was conducted by the INE in 2006. According to this study, 99.6 per cent of children between 6 and 11 years of age, and 85.1 per cent of children between 12 and 17 years of age attend school.

The Committee notes that the Government is cooperating with ILO/IPEC. It also notes that a national plan of action against child labour (2007–08) makes particular provision for removing children and young persons from work in the coal industry. In addition, provision is being made for training activities for labour inspectors, judges and teachers with regard to child labour. The Committee appreciates the measures taken by the Government to abolish child labour but is concerned at the situation of girls, most of whom work in sectors which are not covered by the legislation on child labour and who are therefore more vulnerable to exploitation. It therefore strongly encourages the Government to pursue its efforts in the fight against child labour and asks it to supply information on the implementation of projects carried out in cooperation with ILO/IPEC and of the new national plan mentioned above, and also on the results obtained in terms of the progressive abolition of child labour.

Article 3, paragraph 2. Identification of hazardous types of work. Referring to its previous comments, the Committee notes with interest the Government’s information that the Institute for Children and Young Persons (INAU) adopted Resolution No. 1012/006SP/sp on 29 May 2006 approving a list of types of work which are to be considered as hazardous. This list was drawn up by the National Committee for the Elimination of Child Labour (CETI) and consultations with the social partners took place. The Committee notes that, according to the Government’s information, Resolution No. 1012/006SP/sp is currently being discussed by the executive authority for its approval by decree. The Committee hopes that this decree will be adopted in the near future and asks the Government to supply a copy of it once it is adopted.

Article 7. Light work. In its previous comments, the Committee noted that, under section 1 of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the 1934 Children’s Code, the Council for Children could, under certain conditions, exceptionally authorize work by young persons between 12 and 15 years of age. It noted that, under the terms of section 165 of the Children and Young Persons’ Code, children and young persons between 13 and 15 years of age can perform light work. The Committee asked the Government to indicate whether Decree No. 852/971 of 16 December 1971 still governs conditions of employment with regard to light work. In its report, the Government indicates that, although Decree No. 852/971 of 16 December 1971 has not been repealed, these provisions have not been taken into consideration. While noting this information, the Committee would be grateful if the Government, in order to avoid any legal ambiguity, would adopt the necessary measures to harmonize the provisions of Decree No. 852/971 of 16 December 1971 on light work for children with those of the Children and Young Persons’ Code.

Article 8. Artistic performances. Referring to its previous comments, the Committee notes the Government’s information in its report concerning the conditions laid down by the Institute for Children and Young Persons for granting a permit to take part in artistic performances, such as theatre and cinema productions. It asks the Government to supply information on the number of permits granted, stating the types of activities undertaken.