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

Minimum Age Convention, 1973 (No. 138) - El Salvador (Ratification: 1996)

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 indication by the Inter-Union Commission of El Salvador that children between 12 and 14 years of age are engaged in work in El Salvador and that the Government has not implemented a plan of action for the elimination of child labour. It also noted the indication by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), that child labour is very widespread in unregulated rural and urban economies. The Committee noted the Government’s indication that activities have been carried out in collaboration with ILO–IPEC. It also noted the numerous projects implemented in the context of the Time-bound Programme (TBP) on the worst forms of child labour, and the results achieved. It further noted that, according to the statistics contained in a study conducted in 2005 in households in the country (EHPM), the number of children between the ages of 5 and 17 years who were engaged in work had fallen from 222,475 in 2001 to 207,460 in 2005.

The Committee notes with interest the information provided by the Government on the results of the implementation of Phase I of the TBP between September 2001 and September 2006. In total, 42,770 children benefitted from this phase of the TBP. Of this number, 12,967 children were removed from child labour and 29,803 were prevented from working. These children also benefitted from various services, including formal and non-formal schooling and vocational training, and their parents had access, among other measures, to income-generating activities. Phase II of the TBP commenced in October 2006. The objective of the second Phase is to implement programmes of action to eliminate child labour, including its worst forms, among other areas, in the sugar cane and fishing industries and hazardous types of work in markets. The Committee notes with interest that between October 2006 and August 2008, over 5,054 children benefitted from Phase II of the TBP. Of these, 3,754 children were prevented from being engaged in work and 1,300 children were removed from their work.

The Committee notes the information provided by the Government that labour inspections carried out between August 2006 and June 2008 resulted in the removal of over 200 children from their work and the assurance that the children did not return to work. It also notes the statistics provided by the Government on a survey carried out by the General Directorate of Statistics and Census in 2006, according to which 205,009 children between the ages of 5 and 17 years were engaged in work. Of this number, 24,818 children were between the ages of 5 and 11 years and 108,191 were between 12 and 17 years of age. According to the survey, the great majority of children were engaged in work in rural areas and in unpaid activities: 132,015 children between the ages of 5 and 17 years worked in rural areas in agriculture and commerce, with 72,994 children working in urban areas, in manufacturing and commerce.

The Committee notes that the Government is participating in the ILO–IPEC project on the elimination of child labour in Latin America (third phase). It also notes that in August 2007 the Government signed a tripartite agreement for the adoption of the Decent Work Country Programme, which takes into account child labour. The Committee notes the Government’s indication that a preliminary draft text of a Bill for the comprehensive protection of children and young persons is currently under discussion in the Presidential Chamber and that it will then be submitted to the Legislative Assembly. It contains a chapter entirely devoted to child labour.

The Committee notes that, according to the statistics referred to above, the number of working children fell from 207,460 in 2005 to 205,009 in 2006. The Committee appreciates the measures taken 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. However, it expresses concern at the persistence of child labour in practice. The Committee therefore strongly encourages the Government to pursue its efforts to improve the situation and requests it to provide information on the measures adopted, in the context of the implementation of Phase II of the TBP, the ILO–IPEC project for the elimination of child labour in Latin America and the Decent Work Country Programme, for the abolition of child labour in practice. It asks the Government to provide information on the results achieved. Furthermore, the Committee invites it to continue providing detailed information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by sex on the nature, extent and scope of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee noted the ITUC’s indication that, although education is compulsory and free of charge up to the age of 14 years in El Salvador, additional fees have to be paid, which prevent children from poor families from attending school. In this respect, it noted the many educational programmes implemented by the Ministry of Education in the context of Plan 2021, the object of which is to facilitate the access to education of the greatest possible number of children. Furthermore, the Committee noted that, according to statistics on the school attendance rate of children between 5 and 17 years of age in 2003, the percentage of children who work is increasing when only rural areas are taken into account. Indeed, while the percentage of registrations is balanced, with 50 per cent in rural areas and 50 per cent urban areas, 76.2 per cent of children at school who also work are in rural areas. The Committee requested the Government to provide information on the implementation of the educational programmes decided upon in the context of Plan 2021.

The Committee notes with interest the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of Plan 2021. It notes that various measures have been adopted under these programmes to improve the quality of education and increase school attendance rates, particularly for marginalized children or those from very poor families in rural and urban areas. Measures have also been taken to promote equality of opportunity in access to education, not only between the sexes, but also for those who require specialized education or who have a disability. According to the Government, these programmes benefitted over 1,857,246 students in 2007.

The Committee notes that, according to the Global Monitoring Report 2008 on Education for All, published by UNESCO and entitled “Education for All by 2015: Will we make it?”, the country has a high chance of achieving the goal of universal primary education for all by 2015. Furthermore, if progress is regular, gender parity in both primary and secondary education is likely to be achieved. The Committee further notes that, according to UNICEF statistics for 2006, the gross primary school enrolment rate is 93 per cent for both girls and boys, while the rates for secondary school are 54 per cent for girls and 52 per cent for boys.

The Committee takes due note of the gross enrolment rate for primary school and the fact that the country has a high chance of achieving by 2015 the goal of universal primary education for all and of gender parity. However, it expresses concern at the gross enrolment rate for secondary school, which is fairly low. It observes that poverty is one of the primary causes of child labour and, when combined with a deficient educational system, prevents the development of children. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly requests the Government to redouble its efforts to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to join an informal school system. In this respect, it asks the Government to continue providing information on the measures adopted in the context of Plan 2021 to increase the enrolment rate, particularly for secondary education, so as to prevent children under 14 years of age from working. The Committee asks the Government to provide information on the results achieved.

The Committee is also raising another matter in a request addressed directly to the Government.