Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statistical information from the National Institute of Statistics and Census (INEC) of 2005, to the effect that the number of child workers between 5 and 17 years of age in the country was decreasing. It also noted the Government’s statement that the child labour inspection and monitoring service had been reinforced since 2004. The Committee also noted that Ecuador had implemented a Time-bound Programme (TBP) in order to eliminate the worst forms of child labour, particularly the work of children in the banana and flower industries.

The Committee notes with interest the detailed information sent by the Government concerning the results achieved further to the implementation of the TBP, which ended in June 2008. A total of 7,406 children were beneficiaries of the TBP. Of these, 5,250 children were prevented from becoming involved in one of the worst forms of child labour covered by the TBP and received educational services, and 2,156 children were removed from their work and were also provided with educational services. The Committee duly notes the detailed information provided by the Government on the measures taken to implement other programmes of action, such as the “Being” project and the “Pro-child” programme, for abolishing child labour and the worst forms thereof. Moreover, it notes the Government’s indication that a review of the “National Plan for the prevention and elimination of child labour” is in progress. The Committee notes the detailed information provided by the Government on the results of the second national survey of child labour carried out by the INEC in 2006. According to this survey, 580,888 children and young persons were employed in forms of child labour to be abolished under the terms of the Convention. Of these, 164,551 were children between 5 and 11 years of age, 202,585 were adolescents between 12 and 14 years of age, and 213,752 were young persons engaged in hazardous work between 15 and 17 years of age. The Committee notes that, according to the national survey of child labour for 2006, child labour has decreased by 3 per cent in comparison with 2001.

The Committee also notes that, according to ILO–IPEC information, the Government has adopted various public policies, including the “Social agenda for children and young persons”, the “Ten-year National Plan for the full protection of children and young persons” and the “National Development Plan”. In the context of these public policies concerning children, measures will be taken to combat child labour. The Committee also notes that the Government is participating in the ILO–IPEC project on the “Elimination of child labour in Latin America (third phase, South America)”. While duly noting the measures taken by the Government to combat child labour, the Committee again notes that, according to the abovementioned statistics, the practice observed is still in contradiction with the legislation and the Convention. The Committee is deeply concerned at the situation of children under 14 years of age who are compelled to work and urges the Government to intensify its efforts to gradually improve the situation. It requests the Government to take the necessary steps, in the context of the various public policies mentioned above and the ILO–IPEC project on the “Elimination of child labour in Latin America”, to abolish child labour. It requests the Government to supply information on the results achieved. The Committee also requests the Government to provide information on the application of the Convention in practice, including, for example, statistics relating to the employment of children and young persons, and extracts of the reports of the inspection services, particularly inspections conducted in the abovementioned sectors. Finally, it requests the Government to supply a copy of the new “National Plan for the prevention and elimination of child labour”, once it has been formulated.

Article 2, paragraphs 2 and 5. Raising the minimum age for admission to employment or labour to 15 years. The Committee noted the Government’s statement that Act No. 2006-39 raised the minimum age for admission to employment or work from 14 to 15 years, thereby aligning the provisions of section 134(1) of the Labour Code with those of section 82(1) of the Children and Young Persons Code of 2003. It requested the Government to consider the possibility of sending the ILO Director-General a new declaration stating that Ecuador had raised the previously specified minimum age, in accordance with Article 2, paragraph 2, of the Convention. The Government indicates that it will recommend that the Ministry of Labour and Employment notify the Director-General that the minimum age for admission to employment or work has been raised from 14 to 15 years. The Committee requests the Government to supply information on any new developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNICEF statistics for 2006, the net primary school enrolment rate was 98 per cent for girls and 97 per cent for boys and the figures for secondary schools were 53 per cent for girls and 52 per cent for boys. The Committee duly notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled “Education for All by 2015: Will we make it?”, Ecuador has achieved the objective of universal primary education for all and that of gender parity in both primary and secondary education. The Committee duly notes the net primary school enrolment rate. However, it expresses its concern with regard to the low net secondary school enrolment rate. It observes that poverty is one of the primary causes of child labour and, combined with a deficient education system, it hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to continue its efforts to improve the functioning of the education system in the country and to take measures to enable children to attend compulsory basic education or enter an informal school system. In this regard, it requests the Government to supply information on the measures taken to increase the secondary school enrolment rate. Finally, the Committee requests the Government to supply information on the results achieved.

Article 3, paragraph 2. Determination of hazardous work. With reference to its previous comments, the Committee notes with satisfaction resolution No. 016 CNNA-2008 of 8 May 2008, adopting regulations on hazardous work which is prohibited for young persons who are legally entitled to work in employment or on a self-employed basis. This resolution was adopted in consultation with the employers’ and workers’ organizations, and also with various other parties concerned with the problem of child labour. The Committee notes in particular that section 5 of these Regulations contains a very detailed list of types of work prohibited for young persons between 15 and 18 years of age. It also duly notes that section 6 of the Regulations fixes at 18 years of age the minimum age for admission to employment for young domestic workers who live in the homes of their employers. The Committee also notes the Government’s statement that agreements concerning the types of work prohibited for young persons between 15 and 18 years of age in the banana and flower industries have been concluded. The Committee requests the Government to supply a copy of these agreements in its next report. It also requests the Government to provide information on the application in practice of resolution No. 016 CNNA-2008 adopting regulations on hazardous work.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s statement that Regulations issued under the Children and Young Persons Code will lay down the conditions of employment for children and young persons engaged in artistic activities or performances. The Committee notes the Government’s information to the effect that the Regulations implementing the Children and Young Persons Code are in the process of being validated. The Committee reminds the Government 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 of the employers’ and workers’ organizations concerned, may grant permission in individual cases for purposes such as 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 expresses the firm hope that the regulations implementing the Children and Young Persons Code will be adopted in the near future, will take account of the comments made above and will lay down the conditions of employment for children and young persons in artistic performances. It requests the Government to supply information on any new developments in this regard.