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

Minimum Age Convention, 1973 (No. 138) - Aruba

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Government of Aruba had made a commitment to ensure that all children receive compulsory education up to the age of 17 years. The Committee noted the Government’s indication that the State Ordinance on Compulsory Education had not yet been approved.

The Committee notes the Government’s information that the State Ordinance on Compulsory Education has still not been approved, partly due to the financial consequences of such a law. The Government indicates that the final draft of the Ordinance will be resubmitted to Parliament within the coming weeks and it trusts that this last draft will be adopted, at which point a copy of the ordinance will be submitted to the Office. The Committee trusts that the State Ordinance on Compulsory Education will be in conformity with Article 2(3) of the Convention. Considering that there is presently no specified age of completion of compulsory schooling in Aruba, the Committee once again urges the Government to take the necessary measures to ensure that the State Ordinance on Compulsory Education is adopted without delay. It requests the Government to provide a copy of this Ordinance with its next report.

Article 3(1) and (2). Hazardous work. In its previous comments, the Committee had noted that section 17(1) of the Labour Ordinance provides that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature, which is to be described by a State decree. Section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Committee had noted the Government’s information that one of the tasks of the Committee for the Modernization of Labour Legislation (CMLL) is to fill the existing voids in the legislation, creating the State decrees (which are yet formalized) referred to in the Labour Ordinance. It had noted the Government’s indication that the labour legislation review is still under way and that the state decree specifying the types of hazardous work prohibited to young persons under 18 years of age has not yet been enacted.

The Committee notes the Government’s information that the CMLL has proposed to eliminate the need for the formal requirement of a decree to determine the types of hazardous work, and to allow the Director of the Labour Department to determine through official labour policy which types of work would fall under this category, which would then be published officially in the State Gazette. The Committee recalls that under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take the necessary measures to ensure that the Director of the Labour Department determine through official labour policy the types of hazardous work, as proposed by the CMLL, at the earliest possible date. It requests the Government to provide information in this regard in its next report.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee had noted the Government’s indication that the state decree provided for under section 16(a) of the Labour Ordinance allows exemptions for certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. It had also noted the Government’s information that there were no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. The Committee noted the Government’s information that the state decree provided under section 16(a) of the Labour Ordinance has not yet been addressed in the CMLL.

The Committee notes the Government’s information that the CMLL has proposed to eliminate the need for the formal requirement of a decree to specify the employment permitted for vocational education or technical training purposes, and to allow the Director of the Labour Department to do so through official labour policy, which would then be published officially in the State Gazette. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Director of the Labour Department will specify the employment permitted for vocational education or technical training purposes under section 16(a) through official labour policy in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7. Light work. In its previous comments, the Committee noted the Government’s information that the state decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above, who have completed the sixth class of primary school, had not yet been addressed in the CMLL.

The Committee notes the Government’s information that, in this case also, the CMLL has proposed to allow the Director of the Labour Department to determine the types of light work through official labour policy, which would then only need to be published officially in the State Gazette. The Committee once again recalls that Article 7(3) of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee expresses the firm hope that the Director of the Labour Department will determine the types of light work permitted to children of 12 years and above, provided for under section 16(b) of the Labour Ordinance through official labour policy at the earliest possible date. The Committee once again requests the Government to provide information on all progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that control and enforcement of the labour legislation by the labour inspectors continues to be weak due to regulatory and financial challenges.

The Committee notes that the Government provides no new information on the practical application of the Convention. The Committee therefore once again requests the Government to provide more detailed information on the manner in which the Convention is applied in practice including statistical data on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied. To the extent possible, this information should be disaggregated by sex and age.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. It requests the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.