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

Minimum Age Convention, 1973 (No. 138) - Honduras (Ratification: 1980)

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 that, in its concluding observations on the third periodic report by the Government in February 2007, the Committee on the Rights of the Child expressed concern at: the lack of funds allocated for the implementation of the National Plan of Action for the Prevention and Gradual and Progressive Elimination of Child Labour; the large number of children, especially in rural areas and among indigenous peoples, working under exploitative conditions, including children engaged in deep sea fishing in Puerto Lempira; and young persons between 14 and 17 years of age working in mines (CRC/C/HND/CO/3, paragraph 72). The Committee however noted that a new national plan of action for the prevention and gradual and progressive elimination of child labour, which would be closely linked to the worst forms of child labour, was under preparation. It strongly encouraged the Government to redouble its efforts to combat child labour and requested it to provide information on the implementation of the new national plan of action.

The Committee notes that the Government has not provided information in its report. The Committee notes that the Government signed a third Memorandum of Understanding (MoU) with ILO–IPEC in July 2007. Moreover, it notes with interest the information provided by the Government in its report under Convention No. 182 that the National Commission for the Gradual and Progressive Elimination of Child Labour (CNEGPTE) has developed a second National Plan of Action for the Gradual and Progressive Elimination of Child Labour in Honduras (2008–15) (National Plan of Action for the Elimination of Child Labour (2008–15)). The objective of this second plan of action is to determine the appropriate measures which governmental institutions, with the participation of civil society and international cooperation, should take to prevent and eliminate child labour. The Committee further notes that, according to an ILO–IPEC report of January 2008 on the project for the “Elimination of Child Labour in Latin America Third Phase” (ILO–IPEC report of January 2008), a programme of action has recently been launched with the objective of contributing to preventing and removing indigenous girls, boys and young persons from child labour. The Committee further notes that the Government signed a tripartite agreement in August 2007 relating to the adoption of the Decent Work Country Programme, which takes child labour into account. However, the Committee notes that, according to the 2006 statistics contained in a CNEGPTE document on the second National Plan of Action for the Elimination of Child Labour (2008–15), 299,916 girls, boys and young persons aged between 5 and 17 years were economically active. Of this number, 21.51 per cent were girls and 78.49 per cent were boys. Moreover, 72 per cent of the children engaged in work live in rural areas, and 28 per cent in urban areas. Children work principally in agriculture, forestry, fishing and domestic work (56.2 per cent); businesses, hotels and restaurants (24.4 per cent); manufacturing (8.2 per cent); construction (3 per cent); and transport, shops and distribution (1 per cent).

The Committee expresses appreciation of the measures adopted by the Government for the abolition of child labour and considers these measures as an affirmation of its political will to develop strategies to combat the problem. The Committee however expresses concern at the persistence of child labour in practice. It therefore firmly requests the Government to continue its efforts for the abolition of child labour. In this respect, the Committee requests the Government to provide information on the measures that are taken in the context of the second National Plan of Action for the Elimination of Child Labour (2008–15), and particularly the programmes of action that are implemented, and of the Decent Work Country Programme, with a view to the progressive abolition of child labour. It requests the Government to provide information on the results achieved. The Committee also invites the Government to provide information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services, and particularly inspections in the sectors referred to above.

Article 2, paragraph 1. Scope of application. The Committee has observed previously that it would be necessary to amend section 2(1) of the Labour Code, which excludes from its scope agricultural and stock-raising undertakings that do not permanently employ more than ten workers, so that the minimum age provisions contained in the Labour Code apply to this category of workers. In this respect, the Committee notes the Government’s indication that the draft revision of the Labour Code contains provisions to bring national labour legislation into conformity with the international Conventions ratified by Honduras, and accordingly to harmonize the provisions of the Labour Code and the Regulations on Child Labour of 2001 with the Code for Children and Young Persons of 1996. This should ensure that the provisions relating to the minimum age for admission to work apply to children working under an employment contract or on their own account. Furthermore, the Committee notes the statistics contained in the national report on child labour in Honduras of 2002, according to which 54.3 per cent of children between the ages of 5 and 9 years and 59.8 per cent of those aged between 10 and 14 years worked in agriculture, forestry, hunting and fishing. Furthermore, 6.2 per cent of children between the ages of 5 and 17 years worked on their own account in urban areas and 7 per cent in rural areas. The Committee notes that the Government’s report does not contain any information on this subject. Recalling once again that it has been raising this issue for a number of years, and taking into account the worrying statistics referred to above, the Committee expresses the firm hope that the draft revision of the Labour Code will be adopted as soon as possible and that it will contain provisions guaranteeing the protection provided for by the Convention in respect of children working in agricultural and stock-raising undertakings that do not permanently employ more than ten workers. It requests the Government to provide information in this respect. Furthermore, the Committee asks the Government to envisage the possibility of adapting and strengthening the labour inspection services so as to ensure the application of this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that, in its concluding observations on the Government’s third periodic report in February 2007, the Committee on the Rights of the Child expressed concerned at the high percentage of children who do not attend school (CRC/C/HND/CO/3, paragraph 72). The Committee notes that, according to UNICEF statistics for 2006, the net school attendance rate in primary education is 80 per cent for girls and 77 per cent for boys, and that the rate for secondary education is 36 per cent for girls and 29 per cent for boys. It also notes the information contained in the ILO–IPEC report of January 2008 that the objectives of the plan for Education for All by 2015 will not be achieved. However, the Committee notes that, according to the ILO–IPEC report of January 2008, a preliminary draft of a General Education Act, to replace the Framework Act of 1966, has been submitted to the Directorate of Education. The new law, among other measures, establishes compulsory and free schooling for ten years, consisting of one year of pre-school and nine years of primary schooling. The Committee further notes that, according to the ILO–IPEC report of January 2008, the programme of action for the elimination of child labour in the fireworks industry directly benefitted 770 girls and boys, who have been integrated into the formal education system.

While noting that the net school attendance rate at the primary level is relatively good, the Committee expresses concern at the fact that the country will not achieve the objectives for Education for All in 2015. It also expresses concern at the low rate of net school attendance at secondary school. It observes that poverty is one of the primary causes of child labour and that, when combined with a defective education system, it hinders the development of children. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to redouble its efforts to improve the operation of the education system in the country and to take measures to enable children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted to increase the school attendance rate, at both primary and secondary school, with a view to preventing children under 14 years of age from being engaged in work. The Committee requests the Government to provide information on the results achieved. Finally, the Committee once again requests the Government to provide a copy of the General Education Act once it has been adopted.

Article 2, paragraph 4. Minimum age for admission to employment or work. The Committee noted previously that under section 120(2) of the Code for Children and Young Persons of 1996, a minor under 14 years of age may not, under any circumstances, be permitted to work. It also noted that under section 32(1) of the Labour Code, young persons under 14 years and those having reached this age who are still engaged in compulsory education are not allowed to work. However, it noted that, under section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work if they consider that it is indispensible to provide for their subsistence or that of their parents or their brothers and sisters, and provided that it does not prevent them from following compulsory schooling. The Committee reminded the Government that, under Article 2, paragraph 1, of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the derogations envisaged in Articles 4 to 8 of the Convention. Noting that the Government’s report does not contain any information on this subject, the Committee once again expresses the firm hope that, in the context of the revision of the Labour Code, the Government will take into account the above comments. It requests the Government to provide information on the measures adopted or envisaged to ensure that no minor under 14 years of age is authorized to work in any sector of economic activity.

Article 3, paragraph 2. Determination of hazardous types of work. Further to its previous comments, the Committee notes with satisfaction the adoption of Agreement No. STSS-097-2008 of 12 May 2008 amending section 8 of the Child Labour Regulations and adopting a detailed list of types of hazardous work that are prohibited for persons under 18 years of age. It also notes that this Agreement was adopted in consultation with the organizations of employers and workers. Furthermore, the Committee notes that the Agreement provides that the list of hazardous types of work shall be revised and updated every three years.

Article 3, paragraph 3. Hazardous work from the age of 16 years. In its previous comments, the Committee noted that, under section 122(3) of the Code for Children and Young Persons of 1996, young persons between 16 and 18 years of age may be permitted to perform hazardous types of work, as enumerated in the list contained in section 122(2) of the Code, if so approved for this purpose by technical studies undertaken by the National Vocational Training Institute or a specialized technical institute under the responsibility of the Secretariat of State for Public Education. In this respect, the Government indicated that the Department of Labour and Social Security examines the technical studies with a view to certifying that the workloads associated with the tasks in question can be performed by young persons between 16 and 18 years of age and that occupational safety measures are adopted in order to minimize the dangers to their health and safety. The Government added that the use of the term “could” in section 122 of the Code for Children and Young Persons means that a work permit for a young person over 16 years of age may only be granted in cases in which, in the view of the Department of Labour and Social Security, the work would not prejudice the young person. Moreover, for work to be permitted by a young person, the latter must attend school. While taking due note of the information provided by the Government, the Committee recalled that, in accordance with Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee notes that the Government has not provided information on this subject. In view of the fact that, according to the statistics contained in the national report on child labour in the Honduras of 2002, a large number of children still work in hazardous activities, the Committee once again requests the Government to take the necessary measures to ensure that, where a young person of 16 years of age is permitted to perform hazardous types of work, the conditions set forth in this provision of the Convention are observed. It requests the Government to provide information in this respect and to indicate the number of work permits granted by the Department of Labour and Social Security to young persons between the ages of 16 and 18 years.