Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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 that 42,770 children benefited from Phase I of the Time-bound Programme (TBP) between September 2001 and September 2006. Of these, 12,967 were removed from child labour and 29,803 were prevented from working. These children also benefited from various services, including formal and non-formal schooling and vocational training, and their parents had access to income-generating activities. Phase II of the TBP commenced in October 2006. The objective of the second Phase was to implement programmes of action to eliminate child labour, including its worst forms, for example in the sugar cane and fishing industries and hazardous types of work in markets. The Committee also noted the results of the survey conducted by the General Directorate of Statistics and Census in 2006 according to which 205,009 children aged between 5 and 17 years were engaged in work.

The Committee notes the information provided by the Government that Phase II of the TBP ended in December 2009. In total, 13,012 children and young persons benefited from the second Phase of the programme. Of the beneficiaries, 3,489 were removed from child labour and 9,523 were prevented from being engaged in work. The Committee also noted the adoption by the Government, in collaboration with ILO–IPEC, of a “roadmap” to free El Salvador from child labour and its worst forms. The roadmap constitutes a national strategic framework based on the achievement of the objective set out in Decent work in the Americas: An agenda for the Hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020.

The Committee notes the information provided by the Government that labour inspections carried out between 2009 and June 2010 resulted in the removal of 171 children from their work and the guarantee that they do not return to work through the implementation of a system of regular monitoring. It also notes the detailed results of the household survey of 2008 and 2009 conducted by the General Directorate of Statistics and Census, which were provided in the Government’s report. According to the results obtained in 2008, a total of 190,525 children between the ages of 5 and 17 worked in the country, of whom 71.8 per cent were boys and 28.2 per cent were girls. According to the results of the 2009 survey, child labour fell by 0.9 per cent and now concerns a total of 188,884 children and young persons between 5 and 17 years of age. Children aged between 5 and 14 years represent 50 per cent of the total number of working children. The great majority of them work in rural areas, in agriculture, trade and domestic services, and are not paid.

The Committee welcomes the progress achieved and the efforts made by the Government for the abolition of child labour. Nevertheless, it observes that, even though the number of children and young persons working in the country has fallen in recent years, half of the children who work in the country are below the minimum age for admission to employment, namely 14 years. The Committee encourages the Government to pursue its efforts to combat child labour and requests it to continue providing information on the measures adopted and the results achieved in the context of the implementation of the Decent Work Country Programme and the roadmap with a view to ensuring the progressive elimination of child labour. It also invites the Government to continue providing detailed information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons under the minimum age for admission to employment, disaggregated by sex and age group, as well as extracts from the reports of the inspection services.

Article 2(3). Compulsory schooling. The Committee previously noted the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of the Plan 2021. It noted that these programmes included the adoption of various measures 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. Moreover, measures were also 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. It noted that, according to the Government, these programmes benefited over 1,857,246 students in 2007.

The Committee notes the Government’s indication concerning the implementation of the Social Education Plan 2009–14. According to the Government, the Plan is intended to encourage the participation of children in primary and secondary education and addresses, among others, children engaged in work. In this respect, the Committee takes due note of the Government’s indication that children engaged in work are exempt from enrolment fees when they participate in catch up courses. It also notes that the issue of child labour has been included in the national teaching programme for primary and secondary school with a view to raising the awareness of schoolchildren to this problem.

The Committee further notes that, in its periodic report submitted to the Committee on the Rights of the Child (CRC) (CRC/C/SLV/3–4, paragraph 240, 23 July 2009), the Government refers to the implementation of the Accelerated Elementary Education Programme, which caters to children living in marginal rural and urban areas. According to the information contained in the periodic report, 3,175 students from grades 2–6 of elementary education (8–12 years) are reported to have benefited from the programme in 2006.

The Committee notes that, according to the 2008 statistics of the UNESCO Institute for Statistics, the net school attendance rate in primary school (7–12 years) rose slightly over the past ten years to achieve 95 per cent for girls and 94 per cent for boys. Nevertheless, although the net school attendance rate also increased for secondary school (13–18 years), only 56 per cent of girls and 54 per cent of boys were enrolled in secondary education in 2008, despite the fact that the transition rate from primary to secondary education is 92 per cent. The Committee also notes that, according to the UNESCO 2010 Education for All Global Monitoring Report, entitled Reaching the marginalized, El Salvador is in an intermediate position in relation to the achievement of the objective of Education for All, particularly due to the low school survival rate in the country. It also notes that the CRC, in its concluding observations of 17 February 2010 (CRC/C/SLV/CO/3–4, paragraph 68), expressed concern at the low rate of school attendance of adolescents in secondary education, as well as the high level of school drop-outs.

While noting the increase in the net school attendance rates at the primary and secondary levels in recent years, and the programmes of action implemented by the Ministry of Education to raise school attendance rates, the Committee observes that the school enrolment rate at the secondary level is still low. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee once again encourages the Government to renew its efforts to improve the education system in the country and requests it to continue taking measures with a view to raising the school attendance rate and reducing the drop-out rate, particularly in secondary education. It requests the Government to provide information in its next report on the progress achieved in this respect and on the results achieved in the context of Plan 2021 and the Social Education Plan 2009–14.

Article 6. Apprenticeship. In its previous comments, the Committee noted the formulation of a preliminary draft of a Bill on apprenticeship by the National Labour Modernization Commission (CONAMOL), which is composed of Government bodies, employers’ and workers’ organizations, representatives of universities and NGOs. It noted that, under the terms of section 3 of the draft Bill, the age for entry into apprenticeship is 14 years and that the performance of hazardous types of work in the context of apprenticeship is prohibited. Furthermore, according to the information provided by the Government concerning the conditions of apprenticeship, apprentices will have to be paid and benefit from social security, and apprenticeship should not interfere with compulsory schooling.

The Committee notes the information provided by the Government in its report according to which the CONAMOL was abolished on 31 May 2009. It also notes that the draft Bill on apprenticeship was rejected by the legislative committee responsible for examining the Bill before its submission to the Legislative Assembly. Nevertheless, the Committee observes that an Act on the comprehensive protection of children and young persons was adopted on 26 March 2009. It notes with satisfaction that, under the terms of section 59 of the Act, the minimum age for admission to employment or work is set at 14 years, including for apprentices. The Act also provides that the hours of work of apprentices shall take into account the attendance of apprentices at school or in training centres and that the activities performed shall be compatible with the physical, psychological, moral and cultural development of young persons (section 62). Section 63 also provides that apprentices shall benefit from the social protection and social security system.