Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Ecuador (Ratification: 2000)

Articles 1 and 9(1) of the Convention. National policy, penalties and application of the Convention in practice. In its previous comment, the Committee noted that, according to the 2011 and 2012 child labour surveys conducted by the National Statistics and Census Institute (INEC), the rate of child labour among children aged 5–17 years had increased and 56 per cent of children engaged in child labour carried out hazardous work. The Committee requested the Government to strengthen its efforts to eradicate child labour, including in hazardous work, and to indicate the measures taken in that regard.

The Committee takes due note of the publication of a statistical report by the Ministry of Education in 2017, attached to the Government’s report, on educational gaps in primary and secondary education between rural and urban environments and by ethnic self-identification. It observes that the Government’s new National Development Plan 2017–21 takes into account the recommendations of this statistical document.

The Committee notes that, according to the project for the strengthening of the intercultural bilingual education system of the Ministry of Economic and Social Inclusion (MIES), attached to the Government’s report, 7,892 girls, boys and young persons engaged in child labour have been targeted by Government child labour eradication programmes and 71 agreements were concluded for 2017 between the decentralized local authorities and civil society organizations, decentralized autonomous governments and religious bodies, with a view to reducing and eradicating child labour. Lastly, the Committee notes the promotion and awareness-raising action implemented by means of community meetings with the aim of preventing and eradicating child labour. The Committee notes that the Government considers the Convention to be directly applicable for the development and approval of municipal orders and takes due note of the 41 orders that have already been approved. The Committee notes that the decentralized autonomous governments are assuming further responsibility in their municipal functions on the issue of child labour, as they now have authority for the monitoring and approval of work permits for young persons.

The Committee emphasizes that, according to 2016 statistics published on the websites of the Integrated Social Knowledge and Statistics System of Ecuador and the MIES, 29,765 children aged from 5 to 14 years are still subject to child labour or exposed to the risk of being used in child labour. The Committee therefore encourages the Government to strengthen its efforts to combat child labour in the context of the National Development Plan 2017–21. The Committee requests the Government to provide with its next report the municipal orders approved in the context of the orders on child labour and requests it to ensure that persons who employ children in violation of the law are penalized and that statistical data on labour inspection are made available.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee expressed concern at the low net secondary school enrolment rate and referred to a Ministry of Economic and Social Inclusion plan that aimed, inter alia, to eradicate child labour by increasing the attendance of children aged 6–17 years in a regular and intensive system of education. The Committee stressed the residual disparity between the net attendance rate in both primary and secondary education and requested the Government to ensure that children attend compulsory education, particularly secondary education, at least until the age of 14 years. The Committee welcomes the fact that the minimum age of admission to employment now coincides with the age of completion of compulsory schooling. The Committee takes due note of the statistical report, attached to the Government’s report on the development of and disparity between the net enrolment rates in primary and secondary education prepared by the national directorate for educational analysis and information (DNAIE-02-062017-LQS), following the Committee’s recommendations. Furthermore, following the action taken by the Government to verify school attendance as a condition for receipt of the Human Development Grant (BDH), 5,593 students, who were not enrolled in the school system, have joined it or entered it for the first time. The Committee therefore requests the Government to continue its efforts to increase the school attendance rate of children under 15 years of age.

Article 8(2). Artistic performances. In its previous comment, the Committee expressed the firm hope that the Government would take the necessary measures to adopt legislation establishing a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances, and to limit the hours during which and prescribe the conditions in which such employment or work is allowed.

The Committee observes that the Government has not provided new information on this subject in its report. The Committee therefore once again expresses the firm hope that the Government will take the necessary measures in the near future to adopt legislation establishing a system of individual permits to be granted for children under 15 years of age who work in activities such as artistic performances, and to limit the hours during which and prescribe the conditions in which such employment or work is allowed. The Committee requests the Government to provide information on the measures adopted in its next report.