Minimum Age Convention, 1973 (No. 138) - Costa Rica (Ratification: 1976)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the indication of the CTRN that: (i) according to data for 2020 from the Costa Rican National Institute of Statistics (INEC), the average age of working children and young persons is 13.5 years, despite 15 years being specified as the minimum age by the Government; (ii) INEC records a total number of 6,706 working children between 12 and 17 years of age, 30.9 per cent of whom do not attend school.

The Committee notes the statistical information of the Office for the Prevention and Elimination of Child Labour and the Protection of Juvenile Workers (OATIA) in the Government’s report. In 2019, out of a total of 353 children under 18 years of age who were recorded as engaging in work, 94 of them were under 15 years of age. The Government indicates that most of these children were involved in fishing, agriculture and construction, and that they have been removed from work.

The Committee also notes the Government’s indication, in response to its request for information relating to its previous comments, that the National Roadmap Strategy 2010–20 for the prevention and elimination of child labour and the worst forms thereof was officially published in June 2018 (No. 41172-MTSS). It notes that OATIA carried out a number of activities in connection with its implementation.

The Committee further notes that, according to the Government’s report, as part of the Regional Initiative for No Child Labour in Latin America and the Caribbean, two measurement instruments have been designed, in conjunction with the ILO Regional Office for Latin America and the Caribbean and the United Nations Economic Commission for Latin America and the Caribbean, namely: (i) the child labour risk identification model; and (ii) the child labour vulnerability index. Both these tools enable the identification of the regions most at risk of child labour, but also the association of various factors with a view to defining which multisectoral actions are the most effective for contributing to the elimination of child labour. These are based on the roadmap and on the Ministry of Labour’s Institutional Strategic Plan 2018–22, which establishes a specific objective regarding the identification of areas at risk of child labour. The Committee requests the Government to provide detailed information on the regional measures and actions taken as part of the Regional Initiative for No Child Labour in Latin America and the Caribbean. It also requests the Government to continue providing detailed statistics on the nature, extent and trends of labour involving children and young persons who have not reached the minimum age specified by the Government at the time of ratification of the Convention, namely 15 years.

Article 3(1) and (2). Minimum age and determination of hazardous work. The Committee notes that, according to the Government’s report submitted in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), a bill is being drafted with a view to amending Act No. 8922 of 25 March 2011 on the participation of minors in public performances and in various activities in the fishing sector. The Committee requests the Government to provide information on any new developments regarding the planned legislative amendment and its application in practice.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD), communicated with the Government’s report.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee took due note of the 2010–20 Roadmap for the prevention and eradication of child labour and its worst forms, developed in coordination with ILO/IPEC to succeed the 2010 National Plan of Action.

The Committee notes that, according to the CCTD’s observations, the number of children working in the informal economy has increased.

The Committee notes the Government’s indication in its report that the elimination of child labour is set out in the National Development Plan “Alberto Cañas Escalante” 2015–18. Within the framework of the Plan, the Office for Action on and the Elimination of Child Labour and the Protection of Work by Young Persons (OATIA) has undertaken action in coordination with other institutions to raise the awareness of the various social actors working with young persons. The Committee also notes that the Ministry of Labour and Social Security (MTSS) is responsible for action to follow up the Roadmap and has undertaken 127 follow-up and evaluation actions. The Committee also notes that, according the Government, the National Household Survey (ENAHO) for 2016 showed a reduction in the number of young persons between the ages of 5 and 14 years of age engaged in work, with their numbers falling from 16,160 children between the ages of 5 and 14 years (2.2 per cent) in 2011, to 8,071 (1.1 per cent) in 2016.

The Committee takes due note of the efforts made by the Government for the implementation of the programme measures to reduce child labour. However, it notes that in practice children continue to be engaged in child labour. Indeed, according to the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the OATIA has reported 100 cases of child labour involving children under 15 years of age and 337 cases of young persons between 15 and 17 years of age engaged in a hazardous or unhealthy activity. The Committee therefore once again requests the Government to continue intensifying its efforts, within the framework of the Roadmap for the prevention and eradication of child labour, to eliminate the engagement of young persons in hazardous types of work. It also requests the Government to continue providing detailed statistics on the nature, extent and trends of work by children and young persons who have not reached the minimum age specified by the Government when ratifying the Convention, namely 15 years.

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

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were received on 7 August 2014.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee recalls its previous comments, which noted a contradiction between, on the one hand, section 89 of the Labour Code, which establishes a minimum age of 12 years for admission to employment and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which sets this minimum age at 15 years, in accordance with the minimum age specified when the Convention was ratified. The Government indicated that, in the legal system in Costa Rica, a standard contained in a special law has priority over that set out in a general law and, in addition, the more favourable standard and the most beneficial conditions must be implemented. Accordingly, in the present case, the Code of Children and Young Persons has precedence over the Labour Code. The Committee notes, in this respect, the observations submitted by the UCCAEP which further confirm that, in practice, the provisions of the more recent Code of Children and Young Persons prevail over the provisions of the Labour Code.

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

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), which were received on 3 September 2014.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comment, the Committee noted the implementation of the National Action Plan for the prevention and elimination of child labour and the special protection of young workers. It also noted that a specific module on child labour had been adopted and would be included in the 2010 household survey.

The Committee notes the observation of the CTRN, which makes reference to a 2009–10 report on the drop-out rate in secondary education in Costa Rica, which was published by the Ministry of Public Education in February 2010. The CTRN states, in this respect, that the high drop-out rates in education indicate a serious problem and illustrate that the national system of education does not prioritise universal coverage. The Committee also notes the CTRN’s reference to the statistical information contained in the household survey (ENAHO 2011), which was carried out by the National Statistics and Census Institute (INEC) with technical and financial assistance from ILO–IPEC, and which includes the new specific module on child labour referenced above. The CTRN highlights the results of the ENAHO 2011, according to which 41,187 young persons aged 5 to 17 years (4.6 per cent) are engaged in work prohibited under the Convention; 16,160 children aged five to 14 years (2.2 per cent) are engaged in child labour, 11,593 of which are engaged in hazardous work, and 25,027 young persons aged 15 to 17 years (9 per cent) are engaged in hazardous work.

The Committee notes the Government’s report, which makes reference to the 2010–20 Roadmap for the prevention and eradication of child labour and its worst forms (the Roadmap), which was developed in coordination with ILO–IPEC to succeed the 2010 National Action Plan. The Committee notes that the Roadmap aims to, among others: (i) reduce child labour for young persons aged 5 to 17 years from 113,523 children in 2002 to 27,811 in 2015 and to zero by 2020; and (ii) increase the attendance in secondary education from 85 per cent in 2008 to 95 per cent in 2015 and 100 per cent in 2020. The Government indicates that an information programme entitled “Delphos” has been developed, with ILO assistance, to identify the level at which the Roadmap has achieved its objectives.

The Committee also notes the Government’s statement that, while the results of the ENAHO 2011 are not fully comparable with the results of previous household surveys owing to the new child labour module, a comparison between the surveys nevertheless indicates a reduction in child labour, that is, from 49,229 in 2002 to 16,160 in 2011. The Committee further notes the results of the 2011–13 INEC census, annexed to the Government’s report, according to which the drop out rate for children aged 12 to 14 years has decreased from 13,540 out of 65,230 (20.76 per cent) in 2011 to 996 out of 52,647 (1.9 per cent) in 2013.

The Committee takes due note of the Government’s efforts to implement programmatic measures to reduce child labour and increase attendance in secondary education. However, it also notes that a considerable number of children aged five to 17 years continue to be engaged in hazardous work. The Committee accordingly requests the Government to strengthen its efforts, within the framework of the Roadmap for the prevention and elimination of child labour, to eliminate the engagement of young persons in hazardous work. It also requests the Government to continue to provide updated statistical information on the nature, extent and trends of the labour of children and young persons working below the minimum age specified by the Government at the time of ratification.

Article 3(2). Determination of hazardous types of work. The Committee recalls its previous comment, which noted the Government’s indication that a Bill to prohibit young workers from performing hazardous and unhealthy types of work was included on the agenda of the Commission on Childhood and Youth of the Legislative Assembly.

The Committee notes with satisfaction the Government’s information concerning the adoption of Act No. 8922 entitled “the Prohibition of Hazardous and Unhealthy Work for Adolescent Workers” which entered into force on 25 March 2011. The Committee notes, in this respect, that Act No. 8922 includes a wide range of hazardous types of work, including: mining and quarrying; activities conducted in confined or closed spaces; activities at high sea or work removing scales or molluscs; underwater activities, diving and any activity involving submersion; work in agrochemicals in synthesizers; work involving contact with products, substances or objects with a toxic, combustible, inflammable, radioactive, infectious, irritating or corrosive character; the manufacturing, placement and management of explosive substances and articles; the use of heavy equipment, vibrating generators, and other harmful machinery; the construction or maintenance of public or private roads; the use of manual and mechanical machinery; continuous handling of heavy loads; work in environments with noise exposure and high vibrations; work at high heights; exposure to extreme (low or high) temperatures; the production, distribution or sale of alcoholic beverages; activities that threaten the moral integrity of young persons (such as, for example, nightclubs, brothels, gambling halls, entertainment sites and workshops for adults or establishments where erotic and pornographic material is recorded, printed, photographed, or filmed); activities which place young persons in position of responsibility (including, for example, as public and private security, care of minors, elderly or sick persons); and work referred to in the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously noted the statistics contained in the report on the results of the national study on work by children and young persons in Costa Rica, published in June 2003 by the National Statistical and Census Institute and the Ministry of Labour and Social Security, in collaboration with ILO–IPEC and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), according to which 49,200 children under 15 years of age were working in Costa Rica. It noted that the second National Action Plan for the prevention and elimination of child labour and the special protection of young workers was reviewed and formulated in 2007 to bring it into line with the new Government policies, and particularly the National Development Plan (2006–10). The Committee also observed that according to the information contained in an ILO–IPEC report of June 2008 on the third phase of the project entitled “Elimination of child labour in Latin America” (ILO–IPEC report of June 2008), there was a slight reduction in work by young persons. However, the statistics on child labour provided by the Government only concern the Central Region of Costa Rica and do not give an overall view of the problem in the country.

The Committee notes the information provided in the Government’s report on the implementation of the National Action Plan for the prevention and elimination of child labour and the special protection of young workers. It notes that a system to follow up and evaluate the National Action Plan was developed during the course of 2009. The results of this evaluation were due to be presented during the course of 2010 and will make it possible to provide more precise information on the impact of the measures adopted in the context of the Action Plan. While awaiting these results, the Committee observes that between August 2008 and January 2009 the measures adopted in the context of the Action Plan included the provision of economic support for 300 child workers with a view to maintaining them in the education system through the programme “Avancemos”. Moreover, awareness-raising activities on the risks and consequences of child labour have been carried out with 50 entrepreneurs in the agricultural sector and 2,297 fishers.

The Committee also notes the Government’s indication that the household survey envisaged in 2009 does not allow measurement of the extent of work by children between the ages of five and 12 years, nor does it provide information on the characteristics of work by children and young persons. A specific module on child labour has therefore been adopted, which should be applied in practice during the course of 2010. The Committee nevertheless notes the statistics provided in the Government’s report concerning the violations reported by the labour inspectorate in 2008 and 2009. It observes that in 2008 the labour inspectorate detected 186 cases of child labour in Costa Rica, and 168 in 2009. The majority of these cases were reported in the Central Region, namely in San José, Heredia and parts of Cartago. The 2008 statistics also show that the sectors with the largest number of cases identified are commerce (43 per cent) and services (19 per cent). The Committee requests the Government to provide detailed information on the impact of the measures taken in the context of the National Action Plan for the prevention and elimination of child labour and the special protection of young workers as soon as the results of the evaluation become available. It also expresses that firm hope that statistics disaggregated by sex and age group and on the nature, extent and trends of work by children and young persons below the minimum age will be provided in the near future.

Article 2(1). Minimum age for admission to employment or work. In its previous comments, the Committee noted a contradiction between, on the one hand, section 89 of the Labour Code, which establishes a minimum age of 12 years for admission to employment and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which sets this minimum age at 15 years, in accordance with the minimum age specified when the Convention was ratified. The Government indicated that, in the legal system in Costa Rica, the principle is applied whereby a standard contained in a special law has priority over that set out in a general law. Moreover, the principle also applies that the most favourable standard and the most beneficial conditions must be implemented. Accordingly, in the present case, the Code of Children and Young Persons has precedence over the Labour Code. While noting this information, the Committee observes that, in view of the child labour statistics involving children under 15 years of age in the country, it would be desirable for the provisions of the Labour Code to be brought into line with those of the Code of Children and Young Persons.

The Committee notes the Government’s indication that it will undertake to provide information on any review of the national legislation in this respect. The Committee firmly encourages the Government to take the necessary legislative measures to harmonize the provisions in the national legislation respecting the minimum age for admission to employment or work. It requests the Government to continue providing information on any progress achieved in this respect.

Article 3(2). Determination of hazardous types of work. Further to its previous comment, the Committee notes with interest the Government’s indication that the Bill to prohibit young workers from performing hazardous and unhealthy types of work has been included on the agenda of the Commission on Childhood and Youth of the Legislative Assembly. The Committee expresses the firm hope that this Bill will be adopted in the very near future and requests the Government to provide a copy as soon as it has been adopted.

Finally, the Committee notes that a Bill on the employment of young persons is currently being examined by a special commission of the Social Affairs Commission of the Legislative Assembly. It requests the Government to continue providing information on the progress achieved in this respect and to supply a copy of the Bill as soon as it has been adopted.

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

Referring to its previous comments, the Committee notes the information provided by the Government stating that the Bill on the employment of young persons is currently being examined by a special committee of the Social Affairs Commission of the Legislative Assembly, and the Bill prohibiting the performance of hazardous and unhealthy types of work by young workers by the Legislative Assembly. The Committee firmly hopes that both these Bills will be adopted in the near future and requests the Government to provide information on any progress made in this area.

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 statistics contained in the report on the results of the national study on work by children and young persons in Costa Rica, published in June 2003 by the National Statistical and Census Institute and the Ministry of Labour and Social Security, in collaboration with ILO–IPEC and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), according to which around 113,500 girls and boys between 5 and 17 years of age were working in Costa Rica. Of this number, around 49,200 children under 15 years of age were working. The Committee noted the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers (2005–10). Finally, it noted that Costa Rica is participating in the ILO–IPEC project entitled: “Elimination of child labour in Latin-America”.

The Committee notes the measures adopted by the Government to abolish child labour. It notes in particular that the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers was reviewed and reformulated in 2007, so that it could be brought in line with the new government policies, especially the National Development Plan (2006–10). The Committee further notes that the National Childhood Foundation (PANI) has taken measures to implement the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers. For instance, the PANI has introduced a programme of inter-institutional inspection for the protection of human rights and rights at work in priority sectors. The aims of this programme are to make children and young persons aware of the repercussions of work and to train labour inspectors specialized in child labour. The Committee takes note of the statistics provided by the Government according to which, in 2007, the labour inspection services of the Central Office of San José detected 97 cases involving children in the Central Region, in San José, Heredia and an area of Cartago. The children were working in the commercial, services, industrial, agricultural, construction and transport sectors. The Committee also notes that a household survey will be carried out in 2009 and that some questions will focus on the work of children and young persons.

The Committee notes that, according to the information in an ILO–IPEC report of June 2008 on the third stage of the project entitled: “Elimination of child labour in Latin-America” (ILO–IPEC report of June 2008), poverty has declined by 5 per cent in the country; in the specific case of young persons, poverty has declined by 3.9 per cent. What is more, the Committee takes due note that, according to this report, there has been a slight reduction in the number of young persons working. The Committee nevertheless observes that the child labour statistics provided by the Government only concern the Central Region of Costa Rica and do not give an overall view of the problem in the country. The Committee requests the Government to provide information on the impact of the measures taken to abolish child labour, in the context of the Second National Action Plan for the prevention and elimination of child labour and the special protection of young workers, the National Development Plan (2006–10) and the ILO–IPEC project on the elimination of child labour in Latin America. It requests the Government to provide information on any progress achieved. The Committee also invites the Government to continue providing information on the application of the Convention in practice by giving, for example, statistical data on the employment of children and young persons, extracts from reports of the inspection services, in particular inspections carried out in the sectors mentioned above. Finally, it asks the Government to provide the findings of the household survey that will be carried out in 2009.

Article 2, paragraph 1. Minimum age for admission to employment or work. In its previous comments, the Committee noted a contradiction between, on the one hand, section 89 of the Labour Code, which established a minimum age for admission to employment of 12 years and, on the other, sections 78 and 92 of the Code of Children and Young Persons which set this minimum age at 15 years, in accordance with the minimum age specified when the Convention was ratified. The Government pointed out that, in the legal system in Costa Rica, the principle whereby the standard contained in a special law has priority over that contained in a general law applies. Furthermore, there is also the principle that the most favourable standard, providing optimum conditions, must be implemented. In the present case, therefore, the Code of Children and Young Persons has precedence over the Labour Code. While noting this information, the Committee observed that, in view of the child labour statistics involving children under 15 years of age in the country, the provisions of the Labour Code should be brought in line with those of the Code of Children and Young Persons. The Committee takes note of the Government’s indication that it undertakes to consider this matter when reviewing the labour legislation. The Committee expresses the hopes that, when undertaking a future revision of the labour legislation, the Government will take the necessary measures in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNICEF’s 2006 statistics, the primary school net attendance rate is 89 per cent among girls and 87 per cent among boys; at secondary school level, the rates are 65 per cent among girls and 59 per cent among boys. The Committee takes note of the information in the ILO–IPEC report of June 2008 on the project to eliminate child labour in Latin-America, which states that the programme “Let’s Advance Together” (Avancemos), setting out to ensure the lasting reintegration of young persons in the formal education system, has been implemented.

The Committee takes due note of the primary school net attendance rates. It nevertheless expresses its concern at the somewhat low net attendance rates at secondary school level. Believing that compulsory education is one of the most effective ways of combating child labour, the Committee strongly urges the Government to take measures to improve the functioning of the country’s education system. In this respect, it requests the Government to provide information on the measures taken, particularly in the context of the programme “Let’s Advance Together”, to increase the school net attendance rates, particularly at secondary school level, and to prevent children under 15 years of age from working. It further requests the Government to submit information on the progress achieved.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in its report. It notes in particular that the International Relations Commission is currently examining the Bill on the employment of young persons and the Bill prohibiting the performance of hazardous and unhealthy types of work by young workers. The Committee hopes that the examination of these Bills will result in their adoption and requests the Government to provide information on the progress made in the procedure relating to the two Bills and to provide copies once they have been adopted.

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 statistics contained in the national report on the results of the study on work by children and young persons in Costa Rica, published in June 2003 by the National Statistical and Census Institute (INEC) and the Ministry of Labour and Social Security (MTSS), in collaboration with ILO/IPEC and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), according to which around 113,500 girls and boys aged between 5 and 17 years worked in Costa Rica. Of this number, around 49,200 children under 15 years of age, which is below the minimum age for admission to employment or work, were engaged in work, or 43.4 per cent. The principal sector of economic activity affected by child labour is agriculture, including the harvesting of coffee, which is one of the major exports in Costa Rica. The other economic sectors affected by child labour are manufacturing, commerce and services, including domestic work. Moreover, over 45 per cent of children who do not attend school do so for reasons related to work. The Committee noted the measures adopted by the Government to combat child labour, but expressed concern that the statistics showed that difficulties appear to be encountered in the application of the legislation on child labour and that child labour is widespread in Costa Rica.

The Committee takes due note of the information provided by the Government in its report, including the measures to raise awareness among public officials of the problem of child labour and the intra- and inter-institutional protection protocols intended to improve communication between the various persons working in this field. The Committee notes with interest the adoption of the Second National Plan for the prevention and elimination of child labour and the special protection of young workers (2005–10), which addresses eight subjects in a transversal manner, including rights, gender, poverty, the risk or fact of social exclusion and the social and cultural environment. The Committee further notes that, following the compilation of the various types of information provided by the institutions constituting the National Steering Committee, a report will be prepared on the progress achieved. However, it notes the statistics for 2005 of the National Directorate of Labour Inspection according to which 68 per cent of the 161 cases relating to minors working were concentrated in the central region. Furthermore, most children work in the commercial sector (33 per cent), services (27 per cent), industry (20 per cent) and the agricultural sector (15 per cent).

With reference to the Government’s collaboration with ILO/IPEC, the Committee notes that Costa Rica is participating in the Time-bound Programme (TBP) on the worst forms of child labour and the Subregional Programme for the elimination of child labour. According to the activity reports of the TBP, the programme has directly benefited over 150 families and 1,100 children and indirectly over 113,000 children. With regard to the ILO/IPEC Subregional Programme on the prevention and elimination of child labour in the coffee industry, the Committee takes due note of the statistics provided by the Government. In this respect, it notes that, in the context of the Second National Plan, the Ministry of Agriculture will develop action to eliminate child labour in agriculture. Furthermore, according to the activity reports of the TBP, projects are being implemented to prevent the premature engagement of children in work. The Committee greatly appreciates the measures adopted by the Government for the abolition of child labour, and it considers that these measures are an affirmation of the political will to develop strategies to combat this problem. It therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the implementation of the projects and the new National Plan referred to above, and on the results achieved in terms of the progressive abolition of child labour, particularly in the agricultural, industrial, commercial and service sectors. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including statistical information disaggregated by sex on the nature and extent of work by children, extracts of the reports of the inspection services and information on the number and nature of the violations reported and the penalties imposed.

Article 2. Minimum age for admission to employment or work. In its previous comments, the Committee noted a contradiction between, on the one hand, section 89 of the Labour Code, which established a minimum age for admission to employment of 12 years and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which set this minimum age at 15 years, in accordance with the minimum age specified when the Convention was ratified. In this respect, the Government indicated that, despite the contradiction between the provisions of the Labour Code respecting the minimum age for admission to employment and work and those of the Code of Children and Young Persons, the applicable rule was contained in the latter. The Government added that it would convey to the competent authorities the suggestion made by the Committee of Experts that the provisions of the Labour Code should be harmonized with those of the Code of Children and Young Persons. In view of these statistics on child labour, the Committee considered that, to ensure the protection of children under 15 years of age who are engaged in work, the harmonization of the provisions of the Labour Code with those of the Code of Children and Young Persons is important.

In its report, the Government indicates that no draft legislation has been submitted to amend the Labour Code. However, in the legal system in Costa Rica, the principle that a standard contained in special legislation, in the present case the Code of Children and Young Persons, prevails over one contained in a general law, in this case the Labour Code, is applicable, as well as the principle that the most favourable provision and the most beneficial conditions have to be implemented. While taking due note of the Government’s indications, the Committee considers it desirable, taking into account the statistics on work by children under 15 years of age in the country, for the provisions of the Labour Code to be harmonized with those of the Code of Children and Young Persons. It hopes that on the occasion of a revision of the labour legislation, and particularly of the Labour Code, the Government will take the necessary measures in this respect.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s reports.

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 observations made by the Trade Union of Employees of the Ministry of Finance (SINDHAC), the Transport Workers’ Union of Costa Rica (SICOTRA) and the Rerum Novarum Confederation of Workers (CTRN), according to which, in violation of the provisions of both the national legislation and the Convention, children between 5 and 11 years of age work for an average of seven hours a week and children between 12 and 14 work for an average of 24 hours a week. The majority of child workers are found in the urban informal economy, the traditional rural sector (seasonal work in the coffee and sugar cane harvests) and domestic work. The Committee noted the Government’s reply in which it indicated that, on the one hand, it was "aware of the dimensions of the problem" and, on the other, described the various measures adopted with a view to eliminating child labour in the country. It requested the Government to take the necessary measures to ensure that the legislative provisions on the minimum age for admission to employment or work are effectively enforced.

The Committee notes the Government’s information concerning the efforts made to combat child labour. In particular, it notes that the Government: (1) is currently formulating a second National Plan for the Elimination of Child Labour and the Protection of Young Workers; (2) has adopted an Agenda for Children and Young Persons - Objectives and Commitments for 2000-10, one of the long-term objectives of which is "the lasting integration of boys and girls under 15 years of age and also young persons between 15 and 18 years of age in the formal education system"; and (3) is collaborating with ILO/IPEC in the implementation of projects for the elimination of child labour in agriculture, which target around 2,000 children working in this sector.

Furthermore, the Committee notes that the National Statistical and Census Institute (INEC) and the Ministry of Labour and Social Security (MTSS), in collaboration with ILO/IPEC and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), undertook a study in 2002 on work by children and young persons with a view to identifying the scope of the problem in Costa Rica. According to the statistics contained in the "National report on the results of the study on work by children and young persons in Costa Rica", published in June 2003, some 113,523 girls and boys aged between 5 and 17 years work in Costa Rica. Of this number, around 49,229 children under 15 years of age, which is below the minimum age for admission to employment or work, are engaged in work, or 43.4 per cent. Furthermore, according to the report, around 65.7 per cent of children who work began their activity before reaching the minimum age for admission to employment or work, namely 15 years. The principal sector of economic activity affected by child labour is agriculture, including the harvesting of coffee, which is one of the major exports in Costa Rica. The other economic sectors affected by child labour are manufacturing, commerce and services, including domestic work. Moreover, it appears that 45.3 per cent of children who do not attend school do so for reasons related to work.

The Committee welcomes the efforts made by the Government but remains concerned at the situation of children who are compelled to work in the country. Indeed, the statistical data referred to above show that difficulties appear to be encountered in the application of the legislation on child labour and that child labour is widespread in Costa Rica. It therefore strongly encourages the Government to redouble its efforts to progressively improve this situation. The Committee requests the Government to provide information on the impact of the National Plan for the Elimination of Child Labour and the Protection of Young Workers, the Agenda for Children and Young Persons - Objectives and Commitments for 2000-10, the projects for the elimination of child labour in agriculture and the ILO/IPEC subregional programme for the prevention and elimination of child labour in the coffee industry, as well as the results achieved in relation to the elimination of child labour, in the age brackets of 5-11 years and 12-15 years.

Furthermore, the Committee requests the Government to continue providing detailed information on the manner in which the Convention is applied in practice including, for example, statistical information disaggregated by sex on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention, extracts of the reports of the inspection services, information on the number and nature of the violations reported and the penalties imposed, particularly in the agricultural, manufacturing, commerce and services sectors.

Article 2. Minimum age for admission to employment or work. 1. The coffee harvest. In its previous comments, the Committee noted Decision No. 349-98 issued by the Ministry of Labour and Social Security which authorized, under certain conditions and in the context of work within the family, the employment of persons under 15 years of age in the coffee harvest in 1998-99. The Committee noted that the decision referred to persons under 15 years of age in a broad manner, without indicating any minimum age, thereby permitting, for example, work by children aged 5 or 6 years. The Committee requested the Government to indicate whether the decision had been applied solely for the above harvest, or whether it had been extended to subsequent harvests and, taking into account the social and economic circumstances which gave rise to Decision No. 349-98, it requested the Government to consider whether it was possible to include work on the coffee harvest within the framework of the list of light work within the meaning of Article 7 of the Convention.

The Committee notes the Government’s indication that Decision No. 349-98 proved to be a temporary measure in view of the adoption of the Code of Children and Young Persons and that it was therefore applied only for the 1998-99 harvest. It also notes that no child under 6 years of age works in the coffee harvest. Furthermore, the Government adds that, taking into account the minimum age for admission to employment or work of 15 years established by the Code of Children and Young Persons and the measures adopted to guarantee school attendance by persons under 18 years of age, it is not appropriate to have recourse to the exception envisaged in Article 7 of the Convention relating to light work. The Committee also notes that Costa Rica is engaged in active collaboration with ILO/IPEC for the prevention and elimination of child labour in the coffee industry and that it is one of seven countries, together with Guatemala, Honduras, El Salvador, Nicaragua, Panama and the Dominican Republic, which are participating in the ILO/IPEC subregional programme for the prevention and elimination of child labour in the coffee industry. The Committee requests the Government to provide information on the impact of the ILO/IPEC subregional programme and on the results achieved with regard to the prevention and elimination of child labour in the coffee industry.

2. Legislative measures. In its previous comments, the Committee noted a contradiction between, on the one hand, section 89 of the Labour Code, which provides for a minimum age for admission to employment of 12 years and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which set the minimum age at 15 years, in accordance with the minimum age specified when ratifying the Convention. It requested the Government to take the necessary measures to amend the Labour Code so as to bring its provisions into line with those of the Code of Children and Young Persons. The Committee notes the Government’s indication that, despite the contradiction between the provisions respecting the minimum age for admission to employment or work in the Labour Code and those of the Code of Children and Young Persons, the applicable rule is that set out in the Code of Children and Young Persons. Furthermore, the Government indicates that, although no draft amendment to the Labour Code has been formulated to bring it into line with the Code of Children and Young Persons, it will convey the suggestion made by the Committee to the competent authorities. In view of the statistics referred to above, the Committee is of the opinion that, to ensure the protection of children under 15 years of age who are engaged in work, the harmonization of the provisions of the Labour Code with those of the Code of Children and Young Persons is important. It therefore once again requests the Government to take the necessary measures to amend the Labour Code and to provide information on any progress achieved in this respect.

Finally, the Committee notes that a bill on the employment of young persons is currently being formulated. It requests the Government to provide information on the progress achieved in this respect and to provide a copy of the Act when it has been adopted.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes Decision No. 349-98 issued by the Minister of Labour and Social Security, which authorizes, under certain conditions and in the context of work within the family, work by persons under 15 years of age in the coffee harvest for 1998-99. Firstly, the Committee requests the Government to indicate whether the above Decision was applied solely to the above harvest, or whether it was extended to subsequent harvests. Secondly, the Committee notes that the resolution refers to persons under 15 years of age in a broad manner without indicating any minimum age, thereby permitting, for example, work by children aged 5 or 6 years. Thirdly, the Committee is bound to point out that, according to the data contained in a report prepared by the IPEC programme in July 2001, children who work in coffee growing are particularly at risk of possible exposure to agro-chemicals, physical and biological risks of accidents and injuries to the eyes, cuts, fractures, falls, being stung by insects, risks related to physical overload giving rise to problems in the shoulders and neck, as well as physical and psychological ill-treatment as a result of labour relations problems. In this connection, the Committee requests information from the Government on the measures adopted to ensure compliance in practice with the conditions laid down in the Decision in relation to children being enrolled in and remaining in the education system, their physical, moral and psychological help, the limitation of working hours and unhealthy and hazardous work. Finally, taking into account the social and economic circumstances which gave rise to the Decision, the Committee requests the Government to consider whether it is possible to include work on the coffee harvest within the framework of light work under the terms of Article 7 of the Convention, for which purpose the minimum age of 13 years should be set, together with the conditions set out in the above Article, particularly with regard to working hours.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous observation, the Committee noted the comments made by the Trade Union of Employees of the Ministry of Finance (SINDHAC), the Transport Workers’ Union of Costa Rica (SICOTRA) and the Rerum Novarum Confederation of Workers (CTRN), according to which, in violation of the provisions of the national legislation and the Convention, children between 5 and 11 years of age work for an average of seven hours a week and that children between 12 and 14 work for an average of 24 hours a week. The majority of child workers are found in the urban informal sector, the traditional rural sector (seasonal work in the coffee and sugar cane harvests) and domestic work. The Committee notes the Government’s reply, in which, on the one hand, it indicates that it "is aware of the dimensions of the problem" and, on the other, describes the various measures adopted and projects formulated with a view to eliminating child labour in the country. These measures include the adoption of the Agenda for Children and Adolescents, Objectives and Undertakings, 2000-10, which includes in its long-term objectives "ensuring that boys and girls under 15 years of age, and young persons between 15 and 18 years of age, are enrolled in and remain in the formal education system", and the Memorandum of Understanding with the ILO/IPEC, in which the Government undertakes to make significant efforts for the progressive elimination of child labour. The Committee welcomes the efforts made by the Government, but is bound to express its concern at the situation described by the trade union organizations and urges the Government to continue taking the necessary measures to ensure that the legislative provisions on the minimum age for admission to employment are effectively enforced.

Article 2, paragraph 1. Minimum age for admission to employment or work. With regard to the contradiction that exists between, on the one hand, section 89 of the Labour Code, which provides for a minimum age for admission to employment of 12 years and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which sets the minimum age at 15 years, the Committee had previously noted the Government’s indication that the provisions in the latter Code derogate implicitly the earlier legislative provisions which are contrary to it. Nevertheless, with a view to ensuring the protection of young workers and as the employment of young persons under 15 years of age in various economic sectors is encountered in practice, the Committee once again urges the Government to adopt the necessary measures to amend the Labour Code to bring its provisions into line with the Code of Children and Young Persons and requests it to provide information on any progress achieved in this respect.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee had previously requested the Government to take the necessary measures to determine, in accordance with the requirements of Article 3, paragraph 2, the types of hazardous employment or work prohibited for persons under 18 years of age. In this respect, the Committee notes with satisfaction that, after consulting workers’ and employers’ organizations and NGOs, the Government has finally adopted the Regulations respecting the recruitment and occupational health conditions of young persons (Decree No. 29220 of 30 October 2000), which enumerates in detail the types of work that are absolutely prohibited for persons under 18 years of age and the types of work permitted under certain restrictions. The Committee requests the Government to provide full particulars on the effect given to the above Regulations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes Decision No. 349-98 issued by the Minister of Labour and Social Security, which authorizes, under certain conditions and in the context of work within the family, work by persons under 15 years of age in the coffee harvest for 1998-99. Firstly, the Committee requests the Government to indicate whether the above Decision was applied solely to the above harvest, or whether it was extended to subsequent harvests. Secondly, the Committee notes that the resolution refers to persons under 15 years of age in a broad manner without indicating any minimum age, thereby permitting, for example, work by children aged five or six years. Thirdly, the Committee is bound to point out that, according to the data contained in a report prepared by the IPEC programme in July 2001, children who work in coffee growing are particularly at risk of possible exposure to agro-chemicals, physical and biological risks of accidents and injuries to the eyes, cuts, fractures, falls, being stung by insects, risks related to physical overload giving rise to problems in the shoulders and neck, as well as physical and psychological ill-treatment as a result of labour relations problems. In this connection, the Committee requests information from the Government on the measures adopted to ensure compliance in practice with the conditions laid down in the Decision in relation to children being enrolled in and remaining in the education system, their physical, moral and psychological help, the limitation of working hours and unhealthy and hazardous work. Finally, taking into account the social and economic circumstances which gave rise to the Decision, the Committee requests the Government to consider whether it is possible to include work on the coffee harvest within the framework of light work under the terms of Article 7 of the Convention, for which purpose the minimum age of 13 years should be set, together with the conditions set out in the above Article, particularly with regard to working hours.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. In its previous observation, the Committee noted the comments made by the Trade Union of Employees of the Ministry of Finance (SINDHAC), the Transport Workers’ Union of Costa Rica (SICOTRA) and the Rerum Novarum Confederation of Workers (CTRN), according to which, in violation of the provisions of the national legislation and the Convention, children between 5 and 11 years of age work for an average of seven hours a week and that children between 12 and 14 work for an average of 24 hours a week. The majority of child workers are found in the urban informal sector, the traditional rural sector (seasonal work in the coffee and sugar cane harvests) and domestic work. The Committee notes the Government’s reply, in which, on the one hand, it indicates that it "is aware of the dimensions of the problem" and, on the other, describes the various measures adopted and projects formulated with a view to eliminating child labour in the country. These measures include the adoption of the Agenda for Children and Adolescents, Objectives and Undertakings, 2000-10, which includes in its long-term objectives "ensuring that boys and girls under 15 years of age, and young persons between 15 and 18 years of age, are enrolled in and remain in the formal education system", and the Memorandum of Understanding with the ILO/IPEC, in which the Government undertakes to make significant efforts for the progressive elimination of child labour. The Committee welcomes the efforts made by the Government, but is bound to express its concern at the situation described by the trade union organizations and urges the Government to continue taking the necessary measures to ensure that the legislative provisions on the minimum age for admission to employment are effectively enforced.

Article 2. With regard to the contradiction that exists between, on the one hand, section 89 of the Labour Code, which provides for a minimum age for admission to employment of 12 years and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which sets the minimum age at 15 years, the Committee had previously noted the Government’s indication that the provisions in the latter Code derogate implicitly the earlier legislative provisions which are contrary to it. Nevertheless, with a view to ensuring the protection of young workers and as the employment of young persons under 15 years of age in various economic sectors is encountered in practice, the Committee once again urges the Government to adopt the necessary measures to amend the Labour Code to bring its provisions into line with the Code of Children and Young Persons and requests it to provide information on any progress achieved in this respect.

Article 3. The Committee had previously requested the Government to take the necessary measures to determine, in accordance with the requirements of Article 3, paragraph 2, the types of hazardous employment or work prohibited for persons under 18 years of age. In this respect, the Committee notes with satisfaction that, after consulting workers’ and employers’ organizations and NGOs, the Government has finally adopted the Regulations respecting the recruitment and occupational health conditions of young persons (Decree No. 29220 of 30 October 2000), which enumerates in detail the types of work that are absolutely prohibited for persons under 18 years of age and the types of work permitted under certain restrictions. The Committee requests the Government to provide full particulars on the effect given to the above Regulations.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 1 of the Convention in relation to Part V of the report form.  The Committee notes the National Agenda for Children and Young Persons: Objectives and Commitments, 2000-2001, launched by the Office of the President of the Republic and the National Council for Children and Young Persons. The Committee requests the Government to continue providing information on the progress achieved in attaining the objectives of the Agenda in relation to the observance of the Convention.

The Committee notes Decree No. 27516-MTSS of 9 December 1998, by which the Office to Address and Eradicate Child Labour and Protect Young Workers (Oficina de Atención y Erradicación del Trabajo Infantil y Protección del Trabajo Adolescente) is established as a permanent body under the National Directorate of Social Security of the Ministry of Labour and Social Security, with responsibility for policy and practical action. The Committee requests the Government to provide information on the activities of the Office to Address and Eradicate Child Labour and Protect Young Workers.

The Committee notes the adoption of Decree No. 27517-MTSS of 9 December 1998, amending the Decree establishing the National Steering Committee to Combat Child Labour, No. 25890-MTSS of 12 March 1997. Decree No. 27517-MTSS changes the name of the above Committee, which is now called the National Steering Committee for the Prevention and Progressive Elimination of Child Labour and the Protection of Young Workers in Costa Rica. It is also accorded the status of highest coordinating body, under the Ministry of Labour and Social Security. The Committee requests the Government to provide information on the activities of the National Steering Committee.

One of the first activities of the National Steering Committee was the development of the National Plan of Action for the Prevention and Progressive Elimination of Child Labour and the Protection of Young Workers, issued by the Minister of Labour and the Office of the First Lady of the Republic on 10 December 1998. This Plan identifies three strategic areas, namely: education, health and work and the family, each of which has an action line, including objectives and clearly defined activities incorporating universal social policies.

The Committee of Experts notes the first results achieved through this Plan. The Committee requests the Government to continue providing information on the measures taken for the implementation of the above Plan and, more specifically, on the progress achieved in the three strategic areas as they relate to the Convention, and requests it to provide information on inter-institutional coordination.

The Committee notes the activities carried out by the Ministry of Labour and Social Security to give effect to the Special Protection Scheme for Young Workers. The Committee requests the Government to continue providing information on the measures taken in relation to this Special Protection Scheme.

Taking into account the worrying data contained in the document entitled Hazardous and unhealthy activities and work processes for workers over the age of 15 and under 18 years of age, which was attached as an annex to the Government’s report, and the information provided by the Government to the Committee on the Rights of the Child at its 595th and 596th meetings, the Committee of Experts requests the Government to indicate all measures which have been taken or are envisaged to ensure the effective application of the provisions of Convention No. 138, including the strengthening as necessary of labour inspection. The Committee once again requests the Government to continue to provide information on the application in practice of the Convention, including statistical data and extracts from official reports.

Article 8.  In its previous comments, the Committee also referred to artistic performances. The Committee requested the Government to state whether in practice any child younger than 15 years of age can participate in artistic performances, including, for example, the filming of advertisements. The Committee notes that section 73 of the Code of Children and Young Persons covers the cultural and recreational rights of children and young persons and that the national legislation promotes the membership or participation of children and young persons in cultural, recreational and sporting activities on civic, educational, religious, social and cultural grounds. Nevertheless, the Committee regrets to note the Government’s indication in its last report that it has not taken any measure to give effect to the provisions of this Article. The Committee, therefore, once again requests the Government to indicate the measures which it envisages adopting to ensure that individual authorizations allowing exceptions to the minimum age for participation in artistic activities are granted in compliance with the conditions laid down in Article 8 of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its reports and the comments made by the Trade Union of Employees of the Ministry of Finance (SINDHAC), the Transport Workers Union of Costa Rica (SICOTRA) and the Rerum Novarum Confederation of Workers (CTRN). These comments were forwarded to the Government on 22 September 2000, although no reply has been received from the Government. While awaiting the Government’s reply, the Committee refers to the comments made by the above workers’ organizations in this observation.

Article 1 of the Convention, in relation with Part V of the report form.  The Committee notes that, according to the comments made by the above trade unions and confederation, some 147,087 children and young persons between the ages of 15 and 17 years work, of whom 66,762 are under the age of 15. The Committee also notes that the hours worked by the children and young persons vary according to their age as follows: the age group from five to 11 years works for seven hours a week; the age group from 12 to 14 years works for 24 hours a week; and the 15 to 17 year age group works for 39 hours a week.

Furthermore, according to this information, the economically active population of children and young persons includes a high percentage of seasonal workers for the coffee and sugar cane harvests and other agricultural activities, with their levels of employment declining during the school term. Nevertheless, almost half of the economically active children and young persons work throughout the year, that is between seven and 12 months a year, during a reference period from July 1997 to June 1998.

The Committee also notes the information provided by the Government that one of the principal outcomes following the evaluation of the National Plan for the Eradication of Child Labour was the adoption of administrative directives concerning the participation of children and adolescents in the coffee harvest, as well as the registration of persons under 15 years of age. The Committee requests the Government to provide information on the results of these measures.

The Committee notes in particular the information supplied by the Government in the document entitled Hazardous and unhealthy activities and work processes for workers over 15 and under 18 years of age. The document indicates that the number of young persons between five and 17 years of age engaged in economic activities amounts to 13.1 per cent of the population. Some 68.8 per cent of the population of children and adolescents in the country are engaged in regular work, principally in the agricultural sector, industry, commerce and construction. According to the data of the National Insurance Institute, some 4,191 work-related accidents to minors were reported in 1997, principally in the sectors referred to above. According to the information provided by the workers’ organizations, the majority of young persons who work (80 per cent) are active in areas of low productivity, such as the traditional rural sector, the urban informal sector and domestic service. The above organizations indicate that only 20 per cent of young persons who work are engaged in the modern sector as employees.

With regard to compulsory school attendance, the Government indicates that, in accordance with the provisions of sections 78 and 92 of the Code of Children and Young Persons, and article 78 of the political Constitution of Costa Rica, children are guaranteed a minimum level of education until the age of 15 years on average. Nevertheless, according to the Government, around 15 per cent of the population of between five and 11 years of age, about 20 per cent of the population of between 12 and 14 years of age and 42.6 per cent of the population aged from 15 to under 18 years who are engaged in work do not attend school. The situation is worse in the rural sector. The comments made by the above workers’ organizations indicate that the levels of school drop-out are extremely high. Indeed, according to this information, some 52 per cent of all young persons who are engaged in work abandon school, while some 47 per cent of those who both work and study are behind in their education.

The Committee notes the comment made by the workers’ organizations concerning the problem of "migrant child labour". According to the data provided, 12 per cent of the migrant population from Nicaragua (over 102,108 Nicaraguan nationals in Costa Rica) is aged between 12 and 19 years. This group of children and young persons is, according to the above comments, more vulnerable than nationals of Costa Rica when entering the labour market, taking into account the conditions to which they are exposed.

The Committee also notes the information contained in the second periodic report submitted by the Government to the 595th and 596th meetings of the Committee on the Rights of the Child (CRC/C/65/Add.7), held in January 2000. In this report, the Government indicates that:

-  the entry of minors into the labour market takes place essentially at two points: at the age of ten years and at the age of 13. However, most children enter the labour market between the ages of 13 and 15;

-  out of the total number of minors working in 1995, only 51.4 per cent were receiving regular schooling, the remaining 48.6 per cent having completed no more than primary school;

-  of the minors at social risk, 45.5 per cent have no activity. They wander around the streets of urban areas, where they are detained or referred to the Reception and Referral Centre of the Ministry of Justice. The formal and informal activities they do take up inevitably place them at risk, either because the jobs are considered dangerous (building, agriculture, fishing, etc.) or because they require little skill and are poorly paid (domestic service, peddling, etc.).

The Committee expresses its concern at the number of girls and boys who are in the labour market in violation of the national legislation, the number of girls and boys who are engaged in hazardous and unhealthy activities and who are at risk in the streets. The Committee also expresses its concern at the high percentage of school drop-outs and at the fact that, as indicated by the above workers’ organizations, these figures show that entry into the labour market has a negative impact on compliance with compulsory schooling. The Committee hopes that the Government will take the necessary measures on an urgent basis to resolve these serious problems and requests it to provide information on the measures adopted and their results.

General minimum age.  In its previous comments, the Committee referred to the amendment of the Labour Code (Act No. 7680 of 1997), which in sections 88 and 89 would set the minimum age for work at 12 years of age. The Committee noted that the Bill was vetoed by the Executive on 24 July 1997 on the grounds of the unconstitutionality of these sections, that it was returned to the legislature, and that the process of amending the Labour Code to bring it into conformity with the Convention is still continuing.

The Committee notes the information provided by the Government to the effect that the Code of Children and Young Persons (Act No. 7739 of 6 February 1998) constitutes the "… minimum legal framework for the comprehensive protection of the rights of young persons […] Provisions of any rank which provide them with greater protection or benefits shall prevail over the provisions of this Code". The Government also indicates that, in accordance with the principle of the non-retroactivity of legislation, unless provided to the contrary, all measures which are contrary to the Code, including those set out in bills awaiting examination or which have been vetoed, are tacitly repealed and in any case subordinate to the legislation which is in force. According to the Government, the minimum age for access to employment within the national legal system, in accordance with sections 78 and 92 of the Code of Children and Young Persons, is set at 15 years.

The Committee once again requests the Government to provide information on any progress made in the amendment of the Labour Code to bring it into line with the Code of Children and Young Persons and into conformity with the Convention.

Hazardous work.  In its previous comments, the Committee referred to the measures which had been taken or were envisaged to determine, in consultation with organizations of employers and workers, the types of work or employment prohibited for persons under 18, in accordance with Article 3, paragraph 2, of the Convention. The Committee notes the information contained in the Government’s report to the effect that the "National Plan for the Prevention and Progressive Elimination of Child Labour and the Protection of Young Persons at Work" envisages the preparation by the competent authorities of regulations governing activities considered to be hazardous or intolerable carried out by persons over the age of 15 and under the age of 18.

The Committee also notes the document prepared by the Occupational Health Council entitled Hazardous and unhealthy activities and work processes for workers over 15 and under the age of 18. This document identifies a series of occupations or work processes for which it is recommended that the employment of persons under 18 years of age should be totally prohibited. The Committee requests the Government to continue providing information on the measures which are taken with a view to the adoption of regulations governing these activities or processes. The Committee requests the Government to provide a copy of the text as soon as it is adopted. The Committee also recalls that Article 3, paragraph 2, provides that the types of employment or work which are likely to jeopardize the health, safety or morals of young persons under the age of 18 years shall be determined by national laws or regulations or by the competent authority, after consultation with organizations of employers and workers concerned, where such exist. The Committee requests the Government to indicate whether the organizations of employers and workers concerned have been consulted.

The Committee notes Decree No. 11074-TSS of May 1980 respecting the maximum limits for the manual transport of loads by women and men between 16 and 21 years of age and requests the Government to provide a copy of this Decree.

The Committee notes that the Code of Children and Young Persons provides in section 101 for financial penalties for violations of sections 88, 90-95 and 98 of the Code. The Committee requests the Government to indicate whether such penalties have been imposed, particularly for violations of section 94 respecting the types of work which are prohibited for young persons. In any case, the Committee wishes to emphasize that, in accordance with Article 3 of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee has already noted that, in accordance with section 94 of the Code of Children and Young Persons, it is prohibited to engage "young persons" in unhealthy or hazardous work. However, section 2 of the above Code provides that "a young person is […] any person over 12 years of age and under 18 years". The Committee therefore requests the Government to take the necessary measures to ensure that the national legislation gives effect to the provisions of Article 3 of the Convention by setting the minimum age for the admission of young persons to unhealthy or hazardous work at 18 years of age.

Exceptions as to light work.  With reference to its previous comments, the Committee once again recalls that section 89 of the Labour Code permits young persons between the ages of 12 and 15 years to work a maximum of five hours a day. The Committee notes the information provided by the Government to the effect that the Code of Children and Young Persons establishes in section 92 a "prohibition to work" by persons under 15 years of age, which repeals the provisions of section 89 of the Labour Code for the reasons stated under the point general minimum age. The Government adds that the exceptions envisaged in Article 7 of the Convention, which permits as an exception the admission to employment of young persons under 15 years of age on light work, are at the limits of the national provisions which are in force.

Taking into account the statistical data provided by the Government, to which the Committee refers in this observation, concerning the number of young persons under 13 years of age who enter the labour market, the Committee recalls that exceptions to the requirement of the minimum age for work are only allowed in the case of light work under the conditions set out in Article 7 of the Convention, and only in the case of young persons as from 13 years of age. The Committee requests the Government to provide information on any progress achieved in relation to measures which have been adopted or are envisaged to bring the Labour Code into line with the Code of Children and Young Persons in order to give effect to the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference to its previous comments, the Committee notes the Government's report and the attached texts of legislation. It notes in particular that, as regards the register to be kept by the employer under Article 9(3) of the Convention, the Code of Children and Adolescents (section 98), in addition to the current Labour Code (section 93), obliges the employer to keep a register of workers under 18 years old, including indications of their name and age.

Article 6. The Committee notes that children can enter into apprenticeship only if they are aged more than 15 by virtue of section 79 of the Code of Children and Adolescents. It recalls that, according to the Act on Apprenticeship (No. 4903, of 17 November 1971), the employment of children for beginners or apprentice was allowed from the age of 13 (section 5). The Committee asks the Government to state whether the Act on Apprenticeship has been modified accordingly.

Article 8. The Committee asks the Government to state whether in practice any child younger than 15 years of age participates in artistic performances, including for instance filming of advertisements. If that is the case, please state the measures taken to ensure that individual permissions for such purposes, granted as an exception to the minimum age, are granted under the conditions laid down in this Article.

Point V of the report form. The Committee notes that the Government's report and the attached information concern only legal provisions on child labour. However, according to the information available through IPEC, of which Costa Rica is a participating country, the 1995 Household Survey carried out by the Government showed that 56,261 children under the age of 14 years were economically active, without counting those in the informal sector. The Committee again asks the Government to supply information on the application in practice of the Convention, including any statistical data and extracts from official reports.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

General minimum age

The Committee notes the information supplied by the Government in its report. According to the Government, the amendment of the Labour Code (Reforma del Código de Trabajo No. 7680 of 1997), which would set the minimum age for work at 12 years of age, was submitted to the legislature (Plenario Legislativo) and published in La Gaceta on 14 August 1997. This Bill was vetoed by the Executive for unconstitutionality of sections 88 and 89 on 24 July 1997 and returned to the legislature. The Committee notes that the said sections, if adopted as such, would not be in conformity with the Convention. It notes the Government's indication that the process of amending the Labour Code to bring it in line with the Convention is, therefore, still under way.

The Committee further notes the adoption of the Code of Children and Adolescents (Código de la niñez y la adolescencia, Legislative Decree No. 7739 of 6 January 1998), under which the minimum age is set at 15 years old (section 92). The Committee notes with interest that all protections under Chapter VII (Special system of protection of child labour) of this Code are to cover all types of work by adolescents: work on one's own account, in both the formal and the informal sectors, work at home and in family undertakings (section 84).

Recalling that the minimum age of 15 years was specified by Costa Rica, at the time of its ratification of the Convention, in accordance with Article 2, paragraph 1, of the Convention, the Committee highly appreciates the decision that the Government took regarding the proposed amendments to sections 88 and 89 of the Labour Code mentioned above. It again requests the Government to provide information on progress made in bringing the provisions of the Labour Code into line with the Convention as well as the Code of Children and Adolescents with regard to the general minimum age for work or employment applicable in the country subject to such exceptions as permitted under other Articles of the Convention.

Hazardous work

Further to its previous comments, the Committee notes that the Code of Children and Adolescents prohibits the work of "adolescents", defined as persons aged between 12 and 18, in unhealthy and dangerous places, retail shops of alcoholic beverages, activities subjecting their security or that of other persons to the minors' responsibility, work with dangerous machinery, contaminating substances and excessive noise (sections 2 and 94). The report also refers to provisions of the same Code regarding limits to hours of work for young persons and the prohibition of their night work.

The Committee notes that, although these provisions are explicit and specific for certain types of work, such as work in retail shops of alcoholic beverages, some notions like unhealthy and dangerous places, dangerous machinery and contaminating substances need further specification to be implemented as a prohibition, especially with the possible imposition of penalties as the Convention requires under Article 9. The Committee again asks the Government to indicate any measures taken or envisaged to determine, in consultation with the employers' and workers' organizations, types of work or employment prohibited to persons under 18 in accordance with Article 3, paragraph 2.

Exceptions as to light work

The Committee notes that the Government makes no reference to Article 7 in the report, and the Code of Children and Adolescents has no provisions on exception to the minimum age regarding light work. However, the Committee recalls that the current Labour Code allows work of children aged 12 years or over (section 89) without limiting it to light work. It recalls that exceptions to the general minimum age for work are permitted only in regard to light work under conditions prescribed in Article 7 of the Convention, for persons aged 13 years or more instead of 12 years. The Committee notes that the above-mentioned Bill to amend the Labour Code would not have resolved this problem, and requests the Government to indicate any measures taken to ensure that access to employment under the age of 15 years may be allowed, exceptionally, only from 13 years of age on light work meeting the criteria set out in Article 7.

General measures for the elimination of child labour

In its previous observation, the Committee noted the Organic Act of the National Childhood Foundation (No. 7648, published on 20 December 1996) and requested the Government to provide information on the activities actually carried out by this body, in so far as they have bearing on the application of the Convention in practice. In the absence of such information in the report, apart from the repeated reference to the text of the same Act, the Committee again requests the Government to provide information on various measures taken for the elimination of child labour either by the said Foundation, or any other body concerned with the rights of children and young persons, or more specifically with child labour. In this regard, the Committee notes that the Decree for the constitution of a National Committee on the Combat against Child Labour was signed in March 1997, and would be grateful to the Government for including information on the activities of this Committee, and a copy of this Decree.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee requests the Government to supply information on any development in the measures taken or envisaged regarding the keeping of registers or documents concerning young persons under 18 years of age, in accordance with Article 9(3) of the Convention, on which it commented earlier.

The Committee asks the Government to indicate any development in the elaboration of the Minors' Code, on the draft of which the ILO commented in 1994.

The Committee also notes that the first report of the Government on the United Nations Convention on the Rights of the Child was examined by the UN Committee on the Rights of the Child at its 4th Session in January 1994, and that during the discussion a Government representative stated that little information was available on the violations of labour law affecting children, that supervisory mechanisms are not sufficiently developed, and that many (one-third) of the working minors may be found in agriculture, producing the main exports of the country such as coffee and banana, which needs seasonal workers. The Committee requests the Government to supply information on the application in practice of the Convention, in accordance with point V of the report form, including statistical data and extracts from official reports.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee recalls that the minimum age of 15 years was specified by the Government, in accordance with Article 2, paragraph 1, of the Convention, upon ratification. In its previous comments, the Committee requested the Government to take measures on three points: (i) to ensure that no one under the specified minimum age is admitted to employment or work in any occupation, including work performed on their own account, as the Labour Code only applies to wage employment; (ii) to ensure that access to employment under the age of 15 years may be allowed, exceptionally, only from 13 years of age on light work meeting the criteria set out in Article 7, since it is possible for a child to work from 12 years of age under sections 47 and 89 of the Labour Code; and (iii) to determine the types of hazardous employment or work which is prohibited for persons under 18 years of age in accordance with Article 3.

The Committee notes the Government's indication to the effect that, in Costa Rica, the international Conventions that have been ratified possess an authority superior to laws, and that the Government intends to bring the relevant provisions of the Labour Code into conformity with the Convention. The Committee requests the Government to supply information on any progress made in the process of amending the Labour Code to bring it in line with the Convention.

As to the determination of the types of work to be prohibited for under 18 years as hazardous work, the Committee recalls that section 87 of the Labour Code (under which it is absolutely prohibited to engage the service of children under 18 years of age to carry out unhealthy, arduous or dangerous work), provides for the determination of such work by a regulation. It notes the Government's indication in its report that the Council of Occupational Health will determine such work, and also that no consultation has been made with the organizations of employers and workers as required by Article 3 of the Convention. The Committee recalls that Article 3(2) of the Convention calls for such determination after tripartite consultation, and requests the Government to provide information on any measures taken or contemplated to this effect.

Furthermore, the Committee notes the adoption of the Organic Act of the National Childhood Foundation (No. 7648, published on 20 December 1996). It requests the Government to provide information on the activities of this body, which has a wide range of mandate concerning the rights of children and young persons, in so far as they have bearing on the application of the Convention in practice.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report. It also notes that Costa Rica ratified, on 21 August 1990, the UN Convention on the Rights of the Child.

1. In its previous comments, the Committee noted that the provisions of the Labour Code apply to wage employment, with the exception of the prohibition on the work of children of less than 15 years of age set out in section 90, which applies to the exercise of a trade on the public thoroughfare or in public places, on their own account or on the account of a third person, or in theatres or similar establishments. It recalls that under Article 2 of the Convention no one under the age specified in the declaration annexed to the ratification shall be admitted to employment or work in any occupation, subject to the exceptions provided for in the Convention.

The Committee requests the Government to state the measures that have been taken or are envisaged to ensure that no one under the specified minimum age is admitted to employment or work in any occupation, including work performed on their own account.

2. In its previous comments, the Committee noted that under section 89 of the Labour Code work is prohibited by children under the age of 12 years and by children of school age who have not completed their schooling or whose work would not permit them to complete their compulsory instruction. For several years the Government has referred in its reports to a draft text to amend the Labour Code which would have brought the legislation into conformity with the Convention on this point by fixing the age for admission to employment or work, both wage employment and other work, at 15 years.

The Government refers in its report to the provisions of the Labour Code which is currently in force. The Committee notes that section 46 of the Labour Code provides that children under the age of majority, who are over 15 years of age, have the capacity to conclude a contract of employment. It also notes that under section 47 of the Labour Code, contracts respecting work by children aged between 12 and 15 years have to be concluded by their legal representative or his or her substitute.

The Committee points out that these provisions do not give effect to the Convention, for which the Government determined at the time of ratification a minimum age of 15 years. As a consequence, only children who have reached the age of 13 years could be admitted to employment to carry out light work, which, under certain conditions, is authorized in Article 7 of the Convention.

The Committee requests the Government to state the measures which have been taken to give effect to the Convention by establishing a general age of admission to employment of 15 years (Article 2) and by setting the age of 13 years for admission to light work which may be authorized under certain conditions which are intended to protect the children (Article 7).

3. The Committee referred previously to section 87 of the Labour Code under which it is absolutely prohibited to engage the services of children under 18 years of age to carry out unhealthy, arduous or dangerous work, which will be determined by a regulation which takes into account section 199 of the Code, which defines unhealthy and dangerous work.

The Committee notes that no regulation has been adopted under sections 87 or 199 of the Labour Code and that the Government does not refer to any provision of this kind covering non-wage employment.

The Committee requests the Government to indicate the measures which have been taken to determine the types of employment or work which, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of young persons under 18 years of age, in accordance with Article 3 of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Further to its previous direct request, the Committee has noted Chapter V of the draft Labour Code, appended to the Government's report, which would bring national legislation into conformity with Articles 2 and 7 of the Convention.

The Committee has also noted that the Occupational Health Committee is preparing the implementing regulations concerning types of work involving moral and physical hazards, as required in Article 3 of the Convention.

As regards Article 9, paragraph 3, the Committee has noted that the Government refers to section 229 of the draft Labour Code, which provides that the employer shall keep at the disposal of the labour inspectors medical certificates which prove that there is no medical objection to the employment of young persons. The Committee observes that in accordance with Article 9, paragraph 3, of the Convention such documents should be kept for all young persons below 18 years and should also indicate their age or date of birth.

The Committee hopes that the draft Labour Code and its implementing regulations will be adopted in the near future, in order to give full effect to the above provisions of the Convention and that the next report will indicate the progress made in this direction.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Further to its previous direct request, the Committee has noted with interest Chapter V of the draft Labour Code, appended to the Government's report, which would bring national legislation into conformity with Articles 2 and 7 of the Convention.

The Committee has also noted that the Occupational Health Committee is preparing the implementing regulations concerning types of work involving moral and physical hazards, as required in Article 3 of the Convention.

As regards Article 9, paragraph 3, the Committee has noted that the Government refers to section 229 of the draft Labour Code, which provides that the employer shall keep at the disposal of the labour inspectors medical certificates which prove that there is no medical objection to the employment of young persons. The Committee observes that in accordance with Article 9, paragraph 3, of the Convention such documents should be kept for all young persons below 18 years and should also indicate their age or date of birth.

The Committee hopes that the draft Labour Code and its implementing regulations will be adopted in the near future, in order to give full effect to the above provisions of the Convention and that the next report will indicate the progress made in this direction.