Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations of the Confederation of Workers of Argentina (CTA), received on 25 August 2014, as well as the observations of the General Confederation of Labour (CGT), received on 1 September 2014.

Article 1. National policy and application in practice. The Committee recalls its previous comments which had noted the results of statistical studies conducted in 2006, according to which 8.4 per cent of children between 5 and 13 years of age and 29.7 per cent of children between 14 and 17 years of age are engaged in economic activity. The Committee also noted the various measures taken by the Government as part of the 2006–10 National Plan for the Prevention and Elimination of Child Labour. The Committee further noted, however, the absence of effective coordination mechanisms, as well as insufficient structures for enforcement at the provincial level.

The Committee notes the observations of the CTA, which highlight the recent legislative reforms in the country – increasing both the minimum age as well as the penal sanctions for infractions with respect to minimum age legislation – and indicate that the Government will need to strengthen its inspection system, particularly in the country’s interior, to ensure the effective application of that legislation. The Committee also notes the recent observations of the CGT, according to which the child labour legislation is not implemented by employers in practice, principally in the agricultural and textile sectors. The CGT states that a major awareness-raising and inspection campaign has been launched to target the offending employers and businesses.

The Committee further notes the Government’s reference to the 2011–15 National Plan for the Prevention and Elimination of Child Labour, which includes detailed information concerning its objectives, among others, to develop a national system of collecting statistical data on child labour and promote the inclusion of such information in governmental measures, as well as promote technical cooperation between the National Committee for the Eradication of Child Labour (CONAETI) and the Provincial Commissions for the Prevention and Eradication of Child Labour (COPRETIs) concerning the formation and integration of objectives on the local level. The Committee notes the Government’s reference, in this respect, to the Protocol between CONAETI and the COPRETIs on an integrated approach on child labour situations. The Government further refers to the “Local Projects for the Prevention and Eradication of Child Labour and the Promotion of Social Dialogue” (hereafter, Local Projects) in which CONAETI provides provincial and municipal assistance. The Government states that, thus far, the Local Projects have been implemented in the municipalities of Machagai (Chaco), Tupungato (Mendoza), Bahia Blanca and General Pueyrredon (Buenos Aires).

The Committee further notes the Government’s information concerning a Permanent Household Study, which reflects the results of the Child and Adolescent Labour Observatory, which was carried out in 2012 (published in 2013). The Committee notes the additional detailed information of this study annexed to the Government’s report. According to this information, between 2004 and 2012, the incidence of labour carried out by children between 5 and 13 years decreased from 7.8 per cent to 3.4 per cent, and labour carried out by children between 14 and 15 years decreased from 14.2 per cent to 8.7 per cent. The Government indicates that incidences of child labour is highest in the informal sector (47.77 per cent) and the agricultural sector (15.90 per cent). Finally, the Committee notes the detailed information annexed to the report concerning the number of labour inspection findings, infractions and penal sanctions, disaggregated by region, economic activity, age and gender for the period 2010–14. The Committee requests the Government to continue to strengthen its efforts to ensure the effective implementation of the 2011–15 National Programme, particularly in the textile and agricultural sectors. The Committee also requests the Government to continue to transmit statistical data on the nature, extent and trends of the labour of children and young persons working below the minimum age specified by the Government.