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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(3) and (4) of the Convention. Age of completion of compulsory schooling and minimum age for admission to employment. Referring to its previous comments, in which it noted that the Labour Ordinance of Aruba establishes a minimum age for admission to work of 14 years (pursuant to sections 4(d) and 15), the Committee drew the Government’s attention to Article 2(3) of the Convention, which states that the minimum age specified shall not be lower than the age of completion of compulsory education.

The Committee notes that the State Ordinance on Compulsory Education of 2012 requires that a parent shall ensure that his/her child shall be enrolled at school on reaching the age of 4 years and attend school until completion of basic education, general secondary or vocational education or until he/she acquires the age of 17 years (sections 1 and 2). The Committee also notes that according to section 2(3) of the Ordinance on Compulsory Education, the Minister may, at the request of a parent, allow a child who is at least 14 years of age to follow a different curriculum enabling that child to acquire some training in addition to general education. The Committee further notes from the Explanatory Memorandum to the Ordinance on Compulsory Education that the basic education scheme comprises of a two-year pre-school, six years of elementary education and three years of post-secondary education. The Committee accordingly observes that a total of 11 years of education which shall commence at the age of 4 years shall be completed at the age of 14 years, which is also the minimum age for admission to employment specified by Aruba.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s reference to the provisions of the Ordinance on Compulsory Education which permits children of at least 14 years of age, following an approval from the Minister of Education, to undertake vocational training or an apprenticeship programme (sections 2 and 3).

Article 7. Light work. In its previous comments, the Committee noted that the State Decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above, who have completed the sixth class of primary school, was not addressed in the Committee for the Modernization of Labour Legislation (CMLL). It had noted the Government’s statement that a labour policy will be adopted by the Labour Department following an approval from the Department of Legislation.

The Committee notes with interest that the Labour Department adopted a policy on child labour which lays down the conditions under which exceptions to child labour are permitted. According to this policy on child labour, children of 13 and 14 years are permitted to work, after school hours, in work which is not physically or mentally harmful to him/her and work which does not take place before 7.00 a.m. and after 7.00 p.m. The policy on child labour further provides that a child shall not work for more than 12 hours per week, of which a maximum of two hours per day on school days and no more than seven hours per day on other days.

Application of the Convention in practice. The Committee notes the Government’s information that from 2012 to 2015, the Labour Department received two petitions for waiver of the prohibition on child labour. One of them concerned a girl of 13 years to help with filing and shredding documents, and the other concerned about 50 students from a local high school for summer jobs to help with the delivery of books. The Government’s report indicates that both the petitions were approved by the Labour Department under the conditions that the work to be performed did not take place during school hours and not before 7.00 a.m. or after 7.00 p.m., and that such work was performed under adult supervision and that the children received appropriate breaks during work. The Committee also notes the Government’s information that during the inspections carried out in 2014 by the Bureau of Compulsory Education, in cooperation with the police, one child of 16 years of age was found working in a supermarket.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(2) of the Convention. Determination of types of hazardous work. In its previous comments, the Committee noted the Government’s indication that the proposal to allow the Director of the Labour Department to determine the types of hazardous work was with the Department of Legislation for technical evaluation and revision. The Committee urged the Government to take the necessary measures to ensure that, following the approval of the Department of Legislation, the Director of the Labour Department determines the types of hazardous work at the earliest possible date.

The Committee notes with satisfaction that the Government adopted Ministerial Decree No. 78 of 2013 which contains a list of types of hazardous work prohibited to young persons under the age of 18 years. This list comprises work involving lifting or pulling heavy weights; working continuously in the same position; work involving contact with toxic, carcinogenic, mutagenic substances as well as explosives, irritants or corrosive substances; work with wild, poisonous or dangerous animals; slaughtering of animals; work in establishments providing alcohol; work with or near dangerous machines or equipment involving fire, explosion, electrocution, bottlenecks, harvesting, cutting; work under water; work with devices that have harmful non-ionizing electromagnetic radiation; work with compressed gases; work exposing children to high noise and vibration; work in environments causing a risk of collapse; work near power lines; and work in hospitals. The Committee requests the Government to provide information on the implementation of Ministerial Decree No. 78, including the number and nature of violations regarding young persons engaged in hazardous work.

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

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(3) and (4) of the Convention. Age of completion of compulsory schooling and minimum age for admission to employment. Referring to its previous comments, in which it noted that the Labour Ordinance of Aruba establishes a minimum age for admission to work of 14 years (pursuant to sections 4(d) and 15), the Committee drew the Government’s attention to Article 2(3) of the Convention, which states that the minimum age specified shall not be lower than the age of completion of compulsory education.

The Committee notes that the State Ordinance on Compulsory Education of 2012 requires that a parent shall ensure that his/her child shall be enrolled at school on reaching the age of 4 years and attend school until completion of basic education, general secondary or vocational education or until he/she acquires the age of 17 years (sections 1 and 2). The Committee also notes that according to section 2(3) of the Ordinance on Compulsory Education, the Minister may, at the request of a parent, allow a child who is at least 14 years of age to follow a different curriculum enabling that child to acquire some training in addition to general education. The Committee further notes from the Explanatory Memorandum to the Ordinance on Compulsory Education that the basic education scheme comprises of a two-year pre-school, six years of elementary education and three years of post-secondary education. The Committee accordingly observes that a total of 11 years of education which shall commence at the age of 4 years shall be completed at the age of 14 years, which is also the minimum age for admission to employment specified by Aruba.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s reference to the provisions of the Ordinance on Compulsory Education which permits children of at least 14 years of age, following an approval from the Minister of Education, to undertake vocational training or an apprenticeship programme (sections 2 and 3).

Article 7. Light work. In its previous comments, the Committee noted that the State Decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above, who have completed the sixth class of primary school, was not addressed in the Committee for the Modernization of Labour Legislation (CMLL). It had noted the Government’s statement that a labour policy will be adopted by the Labour Department following an approval from the Department of Legislation.

The Committee notes with interest that the Labour Department adopted a policy on child labour which lays down the conditions under which exceptions to child labour are permitted. According to this policy on child labour, children of 13 and 14 years are permitted to work, after school hours, in work which is not physically or mentally harmful to him/her and work which does not take place before 7.00 a.m. and after 7.00 p.m. The policy on child labour further provides that a child shall not work for more than 12 hours per week, of which a maximum of two hours per day on school days and no more than seven hours per day on other days.

Application of the Convention in practice. The Committee notes the Government’s information that from 2012 to 2015, the Labour Department received two petitions for waiver of the prohibition on child labour. One of them concerned a girl of 13 years to help with filing and shredding documents, and the other concerned about 50 students from a local high school for summer jobs to help with the delivery of books. The Government’s report indicates that both the petitions were approved by the Labour Department under the conditions that the work to be performed did not take place during school hours and not before 7.00 a.m. or after 7.00 p.m., and that such work was performed under adult supervision and that the children received appropriate breaks during work. The Committee also notes the Government’s information that during the inspections carried out in 2014 by the Bureau of Compulsory Education, in cooperation with the police, one child of 16 years of age was found working in a supermarket.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments

Repetition

Article 3(2) of the Convention. Determination of types of hazardous work. In its previous comments, the Committee noted the Government’s indication that the proposal to allow the Director of the Labour Department to determine the types of hazardous work was with the Department of Legislation for technical evaluation and revision. The Committee urged the Government to take the necessary measures to ensure that, following the approval of the Department of Legislation, the Director of the Labour Department determines the types of hazardous work at the earliest possible date.

The Committee notes with satisfaction that the Government adopted Ministerial Decree No. 78 of 2013 which contains a list of types of hazardous work prohibited to young persons under the age of 18 years. This list comprises work involving lifting or pulling heavy weights; working continuously in the same position; work involving contact with toxic, carcinogenic, mutagenic substances as well as explosives, irritants or corrosive substances; work with wild, poisonous or dangerous animals; slaughtering of animals; work in establishments providing alcohol; work with or near dangerous machines or equipment involving fire, explosion, electrocution, bottlenecks, harvesting, cutting; work under water; work with devices that have harmful non-ionizing electromagnetic radiation; work with compressed gases; work exposing children to high noise and vibration; work in environments causing a risk of collapse; work near power lines; and work in hospitals. The Committee requests the Government to provide information on the implementation of Ministerial Decree No. 78, including the number and nature of violations regarding young persons engaged in hazardous work.

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

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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 2(3) and (4) of the Convention. Age of completion of compulsory schooling and minimum age for admission to employment. Referring to its previous comments, in which it noted that the Labour Ordinance of Aruba establishes a minimum age for admission to work of 14 years (pursuant to sections 4(d) and 15), the Committee drew the Government’s attention to Article 2(3) of the Convention, which states that the minimum age specified shall not be lower than the age of completion of compulsory education.

The Committee notes that the State Ordinance on Compulsory Education of 2012 requires that a parent shall ensure that his/her child shall be enrolled at school on reaching the age of 4 years and attend school until completion of basic education, general secondary or vocational education or until he/she acquires the age of 17 years (sections 1 and 2). The Committee also notes that according to section 2(3) of the Ordinance on Compulsory Education, the Minister may, at the request of a parent, allow a child who is at least 14 years of age to follow a different curriculum enabling that child to acquire some training in addition to general education. The Committee further notes from the Explanatory Memorandum to the Ordinance on Compulsory Education that the basic education scheme comprises of a two-year pre-school, six years of elementary education and three years of post-secondary education. The Committee accordingly observes that a total of 11 years of education which shall commence at the age of 4 years shall be completed at the age of 14 years, which is also the minimum age for admission to employment specified by Aruba.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s reference to the provisions of the Ordinance on Compulsory Education which permits children of at least 14 years of age, following an approval from the Minister of Education, to undertake vocational training or an apprenticeship programme (sections 2 and 3).

Article 7. Light work. In its previous comments, the Committee noted that the State Decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above, who have completed the sixth class of primary school, was not addressed in the Committee for the Modernization of Labour Legislation (CMLL). It had noted the Government’s statement that a labour policy will be adopted by the Labour Department following an approval from the Department of Legislation.

The Committee notes with interest that the Labour Department adopted a policy on child labour which lays down the conditions under which exceptions to child labour are permitted. According to this policy on child labour, children of 13 and 14 years are permitted to work, after school hours, in work which is not physically or mentally harmful to him/her and work which does not take place before 7.00 a.m. and after 7.00 p.m. The policy on child labour further provides that a child shall not work for more than 12 hours per week, of which a maximum of two hours per day on school days and no more than seven hours per day on other days.

Application of the Convention in practice. The Committee notes the Government’s information that from 2012 to 2015, the Labour Department received two petitions for waiver of the prohibition on child labour. One of them concerned a girl of 13 years to help with filing and shredding documents, and the other concerned about 50 students from a local high school for summer jobs to help with the delivery of books. The Government’s report indicates that both the petitions were approved by the Labour Department under the conditions that the work to be performed did not take place during school hours and not before 7.00 a.m. or after 7.00 p.m., and that such work was performed under adult supervision and that the children received appropriate breaks during work. The Committee also notes the Government’s information that during the inspections carried out in 2014 by the Bureau of Compulsory Education, in cooperation with the police, one child of 16 years of age was found working in a supermarket.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 3(2) of the Convention. Determination of types of hazardous work. In its previous comments, the Committee noted the Government’s indication that the proposal to allow the Director of the Labour Department to determine the types of hazardous work was with the Department of Legislation for technical evaluation and revision. The Committee urged the Government to take the necessary measures to ensure that, following the approval of the Department of Legislation, the Director of the Labour Department determines the types of hazardous work at the earliest possible date.

The Committee notes with satisfaction that the Government adopted Ministerial Decree No. 78 of 2013 which contains a list of types of hazardous work prohibited to young persons under the age of 18 years. This list comprises work involving lifting or pulling heavy weights; working continuously in the same position; work involving contact with toxic, carcinogenic, mutagenic substances as well as explosives, irritants or corrosive substances; work with wild, poisonous or dangerous animals; slaughtering of animals; work in establishments providing alcohol; work with or near dangerous machines or equipment involving fire, explosion, electrocution, bottlenecks, harvesting, cutting; work under water; work with devices that have harmful non-ionizing electromagnetic radiation; work with compressed gases; work exposing children to high noise and vibration; work in environments causing a risk of collapse; work near power lines; and work in hospitals. The Committee requests the Government to provide information on the implementation of Ministerial Decree No. 78, including the number and nature of violations regarding young persons engaged in hazardous work.

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(3) and (4) of the Convention. Age of completion of compulsory schooling and minimum age for admission to employment. Referring to its previous comments, in which it noted that the Labour Ordinance of Aruba establishes a minimum age for admission to work of 14 years (pursuant to sections 4(d) and 15), the Committee drew the Government’s attention to Article 2(3) of the Convention, which states that the minimum age specified shall not be lower than the age of completion of compulsory education.

The Committee notes that the State Ordinance on Compulsory Education of 2012 requires that a parent shall ensure that his/her child shall be enrolled at school on reaching the age of 4 years and attend school until completion of basic education, general secondary or vocational education or until he/she acquires the age of 17 years (sections 1 and 2). The Committee also notes that according to section 2(3) of the Ordinance on Compulsory Education, the Minister may, at the request of a parent, allow a child who is at least 14 years of age to follow a different curriculum enabling that child to acquire some training in addition to general education. The Committee further notes from the Explanatory Memorandum to the Ordinance on Compulsory Education that the basic education scheme comprises of a two-year pre-school, six years of elementary education and three years of post-secondary education. The Committee accordingly observes that a total of 11 years of education which shall commence at the age of 4 years shall be completed at the age of 14 years, which is also the minimum age for admission to employment specified by Aruba.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s reference to the provisions of the Ordinance on Compulsory Education which permits children of at least 14 years of age, following an approval from the Minister of Education, to undertake vocational training or an apprenticeship programme (sections 2 and 3).

Article 7. Light work. In its previous comments, the Committee noted that the State Decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above, who have completed the sixth class of primary school, was not addressed in the Committee for the Modernization of Labour Legislation (CMLL). It had noted the Government’s statement that a labour policy will be adopted by the Labour Department following an approval from the Department of Legislation.

The Committee notes with interest that the Labour Department adopted a policy on child labour which lays down the conditions under which exceptions to child labour are permitted. According to this policy on child labour, children of 13 and 14 years are permitted to work, after school hours, in work which is not physically or mentally harmful to him/her and work which does not take place before 7.00 a.m. and after 7.00 p.m. The policy on child labour further provides that a child shall not work for more than 12 hours per week, of which a maximum of two hours per day on school days and no more than seven hours per day on other days.

Application of the Convention in practice. The Committee notes the Government’s information that from 2012 to 2015, the Labour Department received two petitions for waiver of the prohibition on child labour. One of them concerned a girl of 13 years to help with filing and shredding documents, and the other concerned about 50 students from a local high school for summer jobs to help with the delivery of books. The Government’s report indicates that both the petitions were approved by the Labour Department under the conditions that the work to be performed did not take place during school hours and not before 7.00 a.m. or after 7.00 p.m., and that such work was performed under adult supervision and that the children received appropriate breaks during work. The Committee also notes the Government’s information that during the inspections carried out in 2014 by the Bureau of Compulsory Education, in cooperation with the police, one child of 16 years of age was found working in a supermarket.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(2) of the Convention. Determination of types of hazardous work. In its previous comments, the Committee noted the Government’s indication that the proposal to allow the Director of the Labour Department to determine the types of hazardous work was with the Department of Legislation for technical evaluation and revision. The Committee urged the Government to take the necessary measures to ensure that, following the approval of the Department of Legislation, the Director of the Labour Department determines the types of hazardous work at the earliest possible date.

The Committee notes with satisfaction that the Government adopted Ministerial Decree No. 78 of 2013 which contains a list of types of hazardous work prohibited to young persons under the age of 18 years. This list comprises work involving lifting or pulling heavy weights; working continuously in the same position; work involving contact with toxic, carcinogenic, mutagenic substances as well as explosives, irritants or corrosive substances; work with wild, poisonous or dangerous animals; slaughtering of animals; work in establishments providing alcohol; work with or near dangerous machines or equipment involving fire, explosion, electrocution, bottlenecks, harvesting, cutting; work under water; work with devices that have harmful non-ionizing electromagnetic radiation; work with compressed gases; work exposing children to high noise and vibration; work in environment causing a risk of collapse; work near power lines; and work in hospitals. The Committee requests the Government to provide information on the implementation of Ministerial Decree No. 78, including the number and nature of violations regarding young persons engaged in hazardous work.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) and (3) of the Convention. 1. Age of completion of compulsory schooling. In its previous comments, the Committee observed that there was no specified age of completion of compulsory schooling in Aruba. However, the Committee noted that a State Ordinance on Compulsory Education had been developed. The Committee urged the Government to take measures to adopt the State Ordinance on Compulsory Education, and to ensure that this Ordinance was in conformity with the Convention.

The Committee notes with interest the Government’s indication that the State Ordinance on Compulsory Education (AB 2011 No. 82) was signed into law on 23 December 2011. The Committee notes the Government’s statement that pursuant to section 2 of the State Ordinance, education is compulsory for children between the ages of 4 and 16. The Government also indicates that, under this Ordinance, parents who do not comply with their obligation to ensure that their children attend school may be fined. The Government further indicates that it is taking measures to establish the Bureau on Compulsory Education, which will be responsible for enforcing this new Ordinance, as well as raising awareness among schools and parents on its provisions. The Committee requests the Government to provide a copy of the State Ordinance on Compulsory Education (AB 2011 No. 82), with its next report.

2. Minimum age for admission to employment or work. Referring to its previous comments, in which it noted that the Labour Ordinance of Aruba establishes a minimum age for admission to work of 14 years (pursuant to sections 4(d) and 15), the Committee draws the Government’s attention to Article 2(3) of the Convention, which states that the minimum age specified shall not be lower than the age of completion of compulsory education. Referring to paragraph 370 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school, as they are legally authorized to work. The Committee therefore requests the Government to take measures to raise the minimum age of for admission to employment from 14 to 16 years of age, in order to link this age with the age of completion of compulsory schooling established in the State Ordinance on Compulsory Education.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that section 17(1) of the Labour Ordinance provides that it is prohibited to engage juvenile persons (persons between 14 and 18 years of age) in night work or work of a hazardous nature, which is to be described by a State decree. The Committee noted the Government’s indication that the Committee for the Modernization of Labour Legislation (CMLL) had proposed to eliminate the need for the formal requirement of a decree to determine the types of hazardous work, and to allow the Director of the Labour Department to determine which types of work would fall under this category through official labour policy, which would then be published in the State Gazette.

In this regard, the Committee notes the Government’s indication that the proposal to allow the Director of the Labour Department to determine the types of hazardous work is with the Department of Legislation for technical evaluation and revision. The Government indicates that once this proposal approved, the Labour Department will prepare a policy concerning hazardous work. In this connection, the Committee once again recalls that under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take the necessary measures to ensure that, following the approval of the Department of Legislation, the Director of the Labour Department determines the types of hazardous work at the earliest possible date. It requests the Government to provide information on progress made in this regard, in its next report.

Article 6. Vocational training and apprenticeship. The Committee previously noted the Government’s indication that the state decree provided for under section 16(a) of the Labour Ordinance allows exemptions for certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. The Committee also noted the Government’s indication that the CMLL had proposed to eliminate the need for the formal requirement of a decree to specify the employment permitted for vocational education or technical training purposes, and to allow the Director of the Labour Department to do so through official labour policy.

The Committee notes the Government’s indication that a proposal is under consideration to provide that the specification of the types of employment permitted for technical training is within the competency of the Director of the Labour Department. The Government indicates that once this proposal is approved, the Labour Department will prepare the corresponding policy. The Committee expresses the firm hope that, following the approval from the Department of Legislation, the Government will take the necessary measures to ensure that the Director of the Labour Department specifies the employment permitted for vocational education or technical training purposes under section 16(a). It requests the Government to continue to provide information on any progress made in this regard.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that the state decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above, who have completed the sixth class of primary school, had not yet been addressed in the CMLL. The CMLL had, however, proposed to allow the Director of the Labour Department to determine the types of light work through official labour policy, which would then only need to be published officially in the State Gazette.

The Committee notes the Government’s statement that once the Department of Legislation approves the proposal to permit the Director of the Labour Department to determine the types of light work through official labour policy, the Labour Department will begin to prepare such a policy. In this regard, the Committee once again recalls that Article 7(3) of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 13 and 15 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee expresses the firm hope that the Director of the Labour Department will determine the types of light work permitted to children of 13 years and above, provided for under section 16(b) of the Labour Ordinance in the near future. The Committee requests the Government to continue to provide information on developments in this regard.

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

The Committee notes the Government’s statement that labour inspections did not reveal any infractions related to provisions in national legislation implementing the Convention. The Committee also notes the Government’s statement that there is no new information available on the application of the Convention in practice. The Committee encourages the Government to take measures to ensure that sufficient data on the situation of working children in Aruba is made available, such as information on the number of children and young persons working below the minimum age and the nature, scope and trends of their work. It requests the Government to provide this information, when it becomes available.

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

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

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

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

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

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

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

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

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

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

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

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

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Government of Aruba had made a commitment to ensure that all children receive compulsory education up to the age of 17 years. The Committee once again notes the Government’s indication that the State Ordinance on Compulsory Education has not yet been approved and that it will supply a copy of the Ordinance once it has been adopted. The Committee trusts that the State Ordinance on Compulsory Education will be in conformity with Article 2(3) of the Convention. Considering that there is presently no specified age of completion of compulsory schooling in Aruba and that the Government has been referring to the enactment of the State Ordinance on Compulsory Education for a number of years, the Committee once again urges the Government to take the necessary measures to ensure that it is adopted in the very near future.

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

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee had noted the Government’s indication that the state decree provided for under section 16(a) of the Labour Ordinance allows exemptions for certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. It had also noted the Government’s information that there were no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. The Committee notes the Government’s information that the state decree provided under section 16(a) of the Labour Ordinance has not yet been addressed in the CMLL. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the state decree specifying the employment permitted for vocational education or technical training purposes under section 16(a) will be addressed in the CMLL and adopted thereafter in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7. Light work. In its previous comments, the Committee had requested the Government to provide information on the progress made with regard to the state decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee had recalled that Article 7(3) of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee notes the Government’s information that the state decree under section 16(b) of the Labour Ordinance has not yet been addressed in the CMLL. The Committee expresses the firm hope that the state decree specifying the light work activities permitted to children of 12 years and above provided for under section 16(b) of the Labour Ordinance will be adopted at the earliest possible date and requests the Government to provide information on all progress made in this regard.

Part V of the report form. Practical application of the Convention. The Committee notes the Government’s information that the labour inspection did not report any violations with regard to national legislation on child labour or the provisions of the Convention. It also notes the information provided by the Government that, according to the annual report of the Inspection Division of the Labour Department, in 2008, one child, aged 14 years and 11 children, aged 15 years were employed. It further notes the Government’s indication that control and enforcement of the labour legislation by the labour inspectors continues to be weak due to regulatory and financial challenges. The Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services in order to ensure the effective implementation of the provisions of the Convention. It also requests the Government to provide more detailed information on the manner in which the Convention is applied in practice including statistical data disaggregated by sex and age on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

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

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Government of Aruba had made a commitment to ensure that all children receive compulsory education up to the age of 17 years. The Committee notes the Government’s information that the State Ordinance on Compulsory Education has not yet been approved and that it will supply a copy of the Ordinance once it has been adopted. The Committee trusts that the State Ordinance on Compulsory Education will be in conformity with Article 2, paragraph 3, of the Convention. Considering that there is presently no specified age of completion of compulsory schooling in Aruba and that the Government has been referring to the enactment of the State Ordinance on Compulsory Education for a number of years, the Committee urges the Government to take the necessary measures to ensure that it is adopted in the very near future.

Article 3, paragraphs 1 and 2. Hazardous work. In its previous comments, the Committee had noted that section 17(1) of the Labour Ordinance provides that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature, which is to be described by a state decree. Section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Committee had requested the Government to indicate any progress made towards the enactment of the state decree to specify the types of hazardous work that should not be assigned to young persons under 18 years of age. It had noted the Government’s information that one of the tasks of the Committee for the Modernization of Labour Legislation (CMLL) is to fill the existing voids in the legislation, creating the state decrees (which have yet to be formalized) referred to in the Labour Ordinance. The Committee notes the Government’s information that discussions within the CMLL are still in progress. Considering that the Government has been referring to the enactment of the state decree provided for under section 17(1) of the Labour Ordinance determining the types of hazardous work for a number of years, the Committee requests the Government to take the necessary measures to ensure that it is adopted in the very near future. It requests the Government to provide a copy of said state decree once it has been adopted.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s indication that the state decree provided for under section 16(a) of the Labour Ordinance allows exemptions for certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. It had also noted the Government’s information that there were no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. Noting the Government’s information that it will supply a copy of the state decree specifying the employment permitted for vocational education or technical training purposes once it has been elaborated and enacted, the Committee requests it to provide a copy thereof once it has been adopted.

Article 7. Light work. In its previous comments, the Committee had requested the Government to provide information on the progress made with regard to the state decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee had recalled that Article 7, paragraph 3, of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. It notes the Government’s information that it will supply a copy of the state decree on light work activities once it has been elaborated and enacted. The Committee expresses the firm hope that the state decree provided for under section 16(b) of the Labour Ordinance will be adopted at the earliest possible date and requests the Government to provide information on all progress made in this regard.

Part V of the report form. Practical application of the Convention. The Committee notes the Government’s information that the labour inspection did not report any violations with regard to national legislation on child labour or the provisions of the Convention. The Committee requests the Government to provide more detailed information on the manner in which the Convention is applied in practice including statistical data disaggregated by sex and age on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests it to provide information on the following points.

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Government of Aruba had made a commitment to ensure that all children receive compulsory education up to the age of 17 years. The Committee notes once again the Government’s information that the State Ordinance on Compulsory Education remains under review. It has been presented to Parliament but has been resubmitted to the Department of Legislation for changes. The Committee once again trusts that the new State Ordinance on Compulsory Education will be in conformity with Article 2, paragraph 3, of the Convention, and requests the Government to supply a copy of it once it has been adopted.

Article 3, paragraphs 1 and 2. Hazardous work. In its previous comments, the Committee noted that section 17(1) of the Labour Ordinance stipulates that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature, which is to be described by a state decree. Section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Committee requested the Government to indicate any progress made towards the entry into force of the state decree to specify the types of hazardous work that should not be assigned to young persons under 18 years of age. It notes the Government’s information that one of the tasks of the Committee for the Modernization of Labour Legislation is to fill the existing voids in the legislation, creating the state decrees (which have yet to be formalized) referred to in the Labour Ordinance. The Committee notes the Government’s assurance that the necessary steps have been and are being taken to ensure compliance with this Convention with the adoption of the new state decrees. It requests the Government to provide further information on consultations held with organizations of workers and employers in this regard, and to provide a copy of the state decree provided for under section 17(1) of the Labour Ordinance once it has been adopted.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s indication that the state decree provided for under section 16(a) of the Labour Ordinance allows exemptions for certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. The Committee also noted the Government’s information that there have been no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. It notes the Government’s indication that the state decrees are currently being formalized and requests it to provide a copy of the state decree provided for in section 16(a) of the Labour Ordinance, specifying the employment permitted for vocational education or technical training purposes when it is adopted.

Article 7. Light work. In its previous comments, the Committee recalled that Article 7, paragraph 3, of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. Noting the Government’s information that the state decrees are currently being formalized, the Committee repeats its request to the Government to keep it informed concerning the progress made with regard to the state decree specified under section 16(b) of the Labour Ordinance, which specifies the tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee once again requests the Government to supply a copy of the state decree provided for under section 16(b) of the Labour Ordinance once it is adopted.

Part V of the report form. Practical application of the Convention. The Committee once again requests the Government to provide information on the manner in which the Convention is applied, including extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties laid down.

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

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 matters raised in its previous direct request, which read as follows:

1. Article 2 of the Convention. In its previous comments, the Committee requested the Government to indicate any measures taken to prohibit the work or employment of persons under the age of 14 years with regard to the categories excluded from the Ordinance of 22 August 1952, such as street vendors, fishermen, small traders, agriculturists and horticulturists. The Committee takes note of the Government’s information that the Ordinance of 22 August 1952 is no longer applicable. The Committee also notes the Government’s statement that the work carried out by the categories mentioned above, which are now excluded from the Labour Ordinance of 1990 (section 1(d)), is in general uncommon and as such constitutes an insignificant part of the economy. The Committee further takes note of the Government’s information that no children exercise this type of work. The Committee also notes that the Government of Aruba ratified the Convention on the Rights of the Child in 2001 and that the Government has made a commitment to ensure that all children receive compulsory education up to the age of 17 years. It further notes that the proposal of the State Ordinance on Compulsory Education is presently under review and that it will be presented for approval to the Parliament in the near future. The Committee hopes that the new State Ordinance on Compulsory Education will be in conformity with the Convention and requests the Government to supply a copy of it once it has been adopted.

2. Article 3, paragraphs 1 and 2. In its previous comments, the Committee requested the Government to indicate any progress made towards the entry into force of the state decree to specify the types of hazardous work that should not be assigned to young persons under 18 years of age. In this regard, the Committee notes that section 17(1) of the Labour Ordinance stipulates that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature to be described by a state decree and that section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Government indicates that no progress has been achieved with regard to the abovementioned state decree. The Committee recalls that under Article 3 of the Convention, the minimum age for hazardous work should not be less than 18 years. Moreover, the Government is required to list the types of employment or work that, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety and morals of children. This determination has to be made after consultation with the workers’ and employers’ organizations. The Committee hopes that the Government will make every effort with regard to measures taken to enact the state decree, which the Committee trusts will be in line with Article 3 of the Convention.

3. Article 6. In its previous comments, the Committee noted the indication in the Government’s report that the state decree under section 16(a) of the Ordinance specifies certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. The Committee pointed out that Article 6 of the Convention permits exceptions only in the case of work done in schools or vocational training institutions and work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. The Committee requested the Government to indicate any progress made towards the entry into force of the abovementioned state decree. The Committee further requested the Government to indicate whether in practice children between 12 and 14 years of age are employed in work for training purposes. The Committee notes the Government’s information that there have been no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. The Committee once again requests the Government to supply a copy of the state decree once it has been adopted.

4. Article 7. In its previous comments, the Committee recalled that the Convention requires the competent authority to determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee requested the Government to keep it informed about the progress made with regard to the state decree mentioned under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee also asked the Government to supply a copy of the state decree when adopted, and to indicate whether in practice children between 12 and 14 years of age are employed in light work. The Committee notes the Government’s information that the abovementioned state decree has not been adopted. It further notes the Government’s statement that no instances were recorded to indicate that children between 12 and 14 years of age are employed in light work. The Committee would like to remind the Government of the observations made by the Teachers’ Union of Aruba (SIMAR) with regard to minors performing light work in supermarkets during school hours. The Committee notes the Government’s reply that it is aware of the growing number of school-aged children packing bags in supermarkets during school hours, at night and during school holidays. The Committee further notes the Government’s indication that it does not have adequate inspection machinery to diligently and continuously inspect supermarkets for this reason. The Committee nevertheless recalls that according to Article 7, paragraph 1, of the Convention national laws may permit young persons of 12 to 14 years of age to be employed or to work in light work provided that: (a) this work is not likely to be harmful to their health or development; and (b) is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instructions received. The Committee also recalls that according to Article 7, paragraph 3, the competent authority shall determine what is light work and shall describe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to supply information on the measures which have been taken or are envisaged to ensure that national law and practice comply with the requirements of Article 7 of the Convention. The Committee also requests the Government to supply a copy of the abovementioned state decree once it has been adopted.

5. Article 9, paragraph 3. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to oblige employers to keep registers of workers under the age of 18 years. The Committee takes due note of the Government’s information that all employers are obliged under section 9(1)(a) of the State Decree Registration of Workers to register all employees who are in their service, regardless of the employees’ ages.

6. Part V of the report form. The Committee notes the statistics submitted with the Government’s report on the Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90), regarding the number of children under the age of 18 years who are working. It invites the Government to continue to supply information on the manner in which the Convention is applied, including, for example, extracts from the reports of inspections services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of the technical assistance of the ILO to bring its legislation into conformity with the Convention.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s reply concerning the comments made by the Teacher’s Union of Aruba (SIMAR) that minors are seen working in supermarkets during school hours and that minors in secondary school work after school. The Committee proposes to deal with this issue along with other matters in a direct request addressed to the Government.

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 the information provided by the Government in its report. It would draw the Government’s attention to the following points.

1. Article 2 of the Convention. In its previous comments, the Committee requested the Government to indicate any measures taken to prohibit the work or employment of persons under the age of 14 years with regard to the categories excluded from the Ordinance of 22 August 1952, such as street vendors, fishermen, small traders, agriculturists and horticulturists. The Committee takes note of the Government’s information that the Ordinance of 22 August 1952 is no longer applicable. The Committee also notes the Government’s statement that the work carried out by the categories mentioned above, which are now excluded from the Labour Ordinance of 1990 (section 1(d)), is in general uncommon and as such constitutes an insignificant part of the economy. The Committee further takes note of the Government’s information that no children exercise this type of work. The Committee also notes that the Government of Aruba ratified the Convention on the Rights of the Child in 2001 and that the Government has made a commitment to ensure that all children receive compulsory education up to the age of 17 years. It further notes that the proposal of the State Ordinance on Compulsory Education is presently under review and that it will be presented for approval to the Parliament in the near future. The Committee hopes that the new State Ordinance on Compulsory Education will be in conformity with the Convention and requests the Government to supply a copy of it once it has been adopted.

2. Article 3, paragraphs 1 and 2. In its previous comments, the Committee requested the Government to indicate any progress made towards the entry into force of the state decree to specify the types of hazardous work that should not be assigned to young persons under 18 years of age. In this regard, the Committee notes that section 17(1) of the Labour Ordinance stipulates that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature to be described by a state decree and that section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Government indicates that no progress has been achieved with regard to the abovementioned state decree. The Committee recalls that under Article 3 of the Convention, the minimum age for hazardous work should not be less than 18 years. Moreover, the Government is required to list the types of employment or work that, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety and morals of children. This determination has to be made after consultation with the workers’ and employers’ organizations. The Committee hopes that the Government will make every effort with regard to measures taken to enact the state decree, which the Committee trusts will be in line with Article 3 of the Convention.

3. Article 6. In its previous comments, the Committee noted the indication in the Government’s report that the state decree under section 16(a) of the Ordinance specifies certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. The Committee pointed out that Article 6 of the Convention permits exceptions only in the case of work done in schools or vocational training institutions and work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. The Committee requested the Government to indicate any progress made towards the entry into force of the abovementioned state decree. The Committee further requested the Government to indicate whether in practice children between 12 and 14 years of age are employed in work for training purposes. The Committee notes the Government’s information that there have been no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. The Committee once again requests the Government to supply a copy of the state decree once it has been adopted.

4. Article 7. In its previous comments, the Committee recalled that the Convention requires the competent authority to determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee requested the Government to keep it informed about the progress made with regard to the state decree mentioned under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee also asked the Government to supply a copy of the state decree when adopted, and to indicate whether in practice children between 12 and 14 years of age are employed in light work. The Committee notes the Government’s information that the abovementioned state decree has not been adopted. It further notes the Government’s statement that no instances were recorded to indicate that children between 12 and 14 years of age are employed in light work. The Committee would like to remind the Government of the observations made by the Teachers’ Union of Aruba (SIMAR) with regard to minors performing light work in supermarkets during school hours. The Committee notes the Government’s reply that it is aware of the growing number of school-aged children packing bags in supermarkets during school hours, at night and during school holidays. The Committee further notes the Government’s indication that it does not have adequate inspection machinery to diligently and continuously inspect supermarkets for this reason. The Committee nevertheless recalls that according to Article 7, paragraph 1, of the Convention national laws may permit young persons of 12 to 14 years of age to be employed or to work in light work provided that: (a) this work is not likely to be harmful to their health or development; and (b) is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instructions received. The Committee also recalls that according to Article 7, paragraph 3, the competent authority shall determine what is light work and shall describe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to supply information on the measures which have been taken or are envisaged to ensure that national law and practice comply with the requirements of Article 7 of the Convention. The Committee also requests the Government to supply a copy of the abovementioned state decree once it has been adopted.

5. Article 9, paragraph 3. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to oblige employers to keep registers of workers under the age of 18 years. The Committee takes due note of the Government’s information that all employers are obliged under section 9(1)(a) of the State Decree Registration of Workers to register all employees who are in their service, regardless of the employees’ ages.

6. Part V of the report form. The Committee notes the statistics submitted with the Government’s report on the Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90), regarding the number of children under the age of 18 years who are working. It invites the Government to continue to supply information on the manner in which the Convention is applied, including, for example, extracts from the reports of inspections services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of the technical assistance of the ILO to bring its legislation into conformity with the Convention.

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

Aruba

The Committee notes the Government’s reply concerning the comments made by the Teacher’s Union of Aruba (SIMAR) that minors are seen working in supermarkets during school hours and that minors in secondary school work after school. The Committee proposes to deal with this issue along with other matters in a direct request addressed to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret 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:

  Article 2 of the Convention. The Committee noted that section 15, subsection 1, of the Ordinance of 22 August 1952 prohibits the employment of children under 14 years of age with the exception of certain categories of work which are excluded from the scope of the Ordinance under section 1, such as street vendors, fishermen, small traders, agriculturists and horticulturists. It noted that the Government, in its report, referred to the Civil Code which provides that minors, who are persons under 21 years of age and not married, only have capacity to contract with the consent of his or her legal representative for a specific transaction or for a specific purpose, or with the emancipation granted by a court for special capacities. The Committee points out that the minors’ limited legal capacity to contract does not necessarily prevent them from engaging in such types of work as mentioned above. Recalling that the Convention applies to all categories of employment or work, the Committee again requests the Government to indicate any measures taken to prohibit the work or employment of persons under the age of 14 years with regard to the categories excluded from the above Ordinance.

The Committee noted the Government’s statement that it is likely that Aruba will make education compulsory for children up to the age of 15 although there are several issues on which agreement has to be reached before introducing it. The Committee asks the Government to indicate any development in this regard.

The Committee noted that, according to the Government’s report, several state decrees made under Ordinances dating back to 1950 have not yet entered into force. It asks the Government to reply to the specific questions raised below and also to clarify whether provisions of these state decrees already exist and are awaiting entry into force or the provisions need yet to be elaborated.

  Article 3, paragraphs 1 and 2. The Committee noted the indication in the Government’s report that the state decree under section 17, subsection 1, of the Ordinance to specify the type of dangerous work which should not be assigned to young persons under 18 years of age has not yet entered into force. It asks the Government to indicate any progress made towards the entry into force of the state decree, to send a copy and whether the employers’ and workers’ organizations had been consulted, in accordance with paragraph 2 of this Article.

  Article 6. The Committee noted the indication in the Government’s report that the state decree under section 16(a) of the Ordinance, as amended by the Ordinance of 12 March 1954, specifies certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of a primary school, had not yet entered into force. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. The Committee requests the Government to supply a copy of the state decree when adopted, and to indicate whether in practice children between 12 and 14 years are employed on work for training purposes.

  Article 7. The Committee noted the indication in the Government’s report that the state decree under section 16(b) of the Ordinance, as amended by the Ordinance of 12 March 1954, specifies certain tasks which can be done by children of 12 years or over who have completed the sixth class of a primary school, has not yet entered into force. It recalls that the Convention requires the competent authority to determine the activities allowed as light work in which young persons between 12 and 14 years may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee requests the Government to supply a copy of the state decree when adopted and to indicate whether in practice children between 12 and 14 years are employed in light work.

  Article 9, paragraph 3. The Committee again asks the Government to supply information on the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention and provide a model of the register in question.

  Part V of the report form. The Committee noted the information on education in Aruba supplied by the Government with the report. It asks the Government to supply further information on the practical application of the Convention, including any statistics on child labour and information on the inspections made and the contraventions reported.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following matters:

The Committee noted the observations of the Teachers’ Union of Aruba (SIMAR) attached to the report. It noted that SIMAR pointed out that minors are seen in supermarkets during school hours performing labour and that it urges the Government to take necessary measures in order to avoid this undesirable situation. It also indicated the trend of minors in secondary school working after school. In addition, the SIMAR also proposed that the Government introduce an Ordinance on minimum wages for those under the age of 18 in order to avoid abuse of the minors by employers. In the absence of the Government’s comments on these observations, the Committee requests the Government to reply to the points raised by the SIMAR.

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

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 matters raised in its previous direct request, which read as follows:

  Article 2 of the Convention. The Committee notes that section 15, subsection 1, of the Ordinance of 22 August 1952 prohibits the employment of children under 14 years of age with the exception of certain categories of work which are excluded from the scope of the Ordinance under section 1, such as street vendors, fishermen, small traders, agriculturists and horticulturists. It notes that the Government, in its report, refers to the Civil Code which provides that minors, who are persons under 21 years of age and not married, only have capacity to contract with the consent of his or her legal representative for a specific transaction or for a specific purpose, or with the emancipation granted by a court for special capacities. The Committee points out that the minors’ limited legal capacity to contract does not necessarily prevent them from engaging in such types of work as mentioned above. Recalling that the Convention applies to all categories of employment or work, the Committee again requests the Government to indicate any measures taken to prohibit the work or employment of persons under the age of 14 years with regard to the categories excluded from the above Ordinance.

The Committee notes the Government’s statement that it is likely that Aruba will make education compulsory for children up to the age of 15 although there are several issues on which agreement has to be reached before introducing it. The Committee asks the Government to indicate any development in this regard.

The Committee notes that, according to the Government’s report, several state decrees made under Ordinances dating back to 1950 have not yet entered into force. It asks the Government to reply to the specific questions raised below and also to clarify whether provisions of these state decrees already exist and are awaiting entry into force or the provisions need yet to be elaborated.

  Article 3, paragraphs 1 and 2. The Committee notes the indication in the Government’s report that the state decree under section 17, subsection 1, of the Ordinance to specify the type of dangerous work which should not be assigned to young persons under 18 years of age has not yet entered into force. It asks the Government to indicate any progress made towards the entry into force of the state decree, to send its copy and whether the employers’ and workers’ organizations had been consulted, in accordance with paragraph 2 of this Article.

  Article 6. The Committee notes the indication in the Government’s report that the state decree under section 16(a) of the Ordinance, as amended by the Ordinance of 12 March 1954, to specify certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of a primary school, has not yet entered into force. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. The Committee requests the Government to supply a copy of the state decree when adopted, and to indicate whether in practice children between 12 and 14 years are employed on work for training purposes.

  Article 7. The Committee notes the indication in the Government’s report that the state decree under section 16(b) of the Ordinance, as amended by the Ordinance of 12 March 1954, to specify certain task which can be done by children of 12 years or over who have completed the sixth class of a primary school, has not yet entered into force. It recalls that the Convention requires the competent authority to determine the activities allowed as light work in which young persons between 12 and 14 years may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee requests the Government to supply a copy of the state decree when adopted and to indicate whether in practice children between 12 and 14 years are employed on light work.

  Article 9, paragraph 3. In the absence of the information in the Government’s report, the Committee again asks the Government to supply information on the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention and provide a model of the register in question.

  Part V of the report form. The Committee notes the information on education in Aruba supplied by the Government with the report. It asks the Government to supply further information on the practical application of the Convention, including any statistics on child labour and information on the inspections made and the contraventions reported.

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

The Committee notes that the Government’s report has not been received. It must, therefore, repeat its previous observation which reads as follows:

The Committee notes the Government’s report and the observations of the Teachers’ Union of Aruba (SIMAR) attached to the report. It notes that SIMAR points out that minors are seen in supermarkets during school hours performing labour and that it urges the Government to take necessary measures in order to avoid this undesirable situation. It also indicates the trend of minors in secondary school working after school. In addition, the SIMAR also proposes that the Government introduce an Ordinance on minimum wages for those under the age of 18 in order to avoid abuse of the minors by employers. In the absence of the Government’s comments on these observations, the Committee requests the Government to reply to the points raised by the SIMAR.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 2 of the Convention. The Committee notes that section 15, subsection 1, of the Ordinance of 22 August 1952 prohibits the employment of children under 14 years of age with the exception of certain categories of work which are excluded from the scope of the Ordinance under section 1, such as street vendors, fishermen, small traders, agriculturists and horticulturists. It notes that the Government, in its report, refers to the Civil Code which provides that minors, who are persons under 21 years of age and not married, only have capacity to contract with the consent of his or her legal representative for a specific transaction or for a specific purpose, or with the emancipation granted by a court for special capacities. The Committee points out that the minors' limited legal capacity to contract does not necessarily prevent them from engaging in such types of work as mentioned above. Recalling that the Convention applies to all categories of employment or work, the Committee again requests the Government to indicate any measures taken to prohibit the work or employment of persons under the age of 14 years with regard to the categories excluded from the above Ordinance.

The Committee notes the Government's statement that it is likely that Aruba will make education compulsory for children up to the age of 15 although there are several issues on which agreement has to be reached before introducing it. The Committee asks the Government to indicate any development in this regard.

The Committee notes that, according to the Government's report, several state decrees made under Ordinances dating back to 1950 have not yet entered into force. It asks the Government to reply to the specific questions raised below and also to clarify whether provisions of these state decrees already exist and are awaiting entry into force or the provisions need yet to be elaborated.

Article 3, paragraphs 1 and 2. The Committee notes the indication in the Government's report that the state decree under section 17, subsection 1, of the Ordinance to specify the type of dangerous work which should not be assigned to young persons under 18 years of age has not yet entered into force. It asks the Government to indicate any progress made towards the entry into force of the state decree, to send its copy and whether the employers' and workers' organizations had been consulted, in accordance with paragraph 2 of this Article.

Article 6. The Committee notes the indication in the Government's report that the state decree under section 16(a) of the Ordinance, as amended by the Ordinance of 12 March 1954, to specify certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of a primary school, has not yet entered into force. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. The Committee requests the Government to supply a copy of the state decree when adopted, and to indicate whether in practice children between 12 and 14 years are employed on work for training purposes.

Article 7. The Committee notes the indication in the Government's report that the state decree under section 16(b) of the Ordinance, as amended by the Ordinance of 12 March 1954, to specify certain task which can be done by children of 12 years or over who have completed the sixth class of a primary school, has not yet entered into force. It recalls that the Convention requires the competent authority to determine the activities allowed as light work in which young persons between 12 and 14 years may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee requests the Government to supply a copy of the state decree when adopted and to indicate whether in practice children between 12 and 14 years are employed on light work.

Article 9, paragraph 3. In the absence of the information in the Government's report, the Committee again asks the Government to supply information on the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention and provide a model of the register in question.

Part V of the report form. The Committee notes the information on education in Aruba supplied by the Government with the report. It asks the Government to supply further information on the practical application of the Convention, including any statistics on child labour and information on the inspections made and the contraventions reported.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the observations of the Teachers' Union of Aruba (SIMAR) attached to the report. It notes that SIMAR points out that minors are seen in supermarkets during school hours performing labour and that it urges the Government to take necessary measures in order to avoid this undesirable situation. It also indicates the trend of minors in secondary school working after school. In addition, the SIMAR also proposes that the Government introduce an Ordinance on minimum wages for those under the age of 18 in order to avoid abuse of the minors by employers. In the absence of the Government's comments on these observations, the Committee requests the Government to reply to the points raised by the SIMAR.

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

The Committee notes with regret 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:

Article 2 of the Convention. The Committee noted that the general prohibition of the employment of children under 14 years of age contained in section 15, subsection 1, of the Ordinance of 22 August 1952 does not apply to all forms of work or employment, since certain categories of work are excluded from the definition of the term "work" under section 1, subsection 1 and section 2 of the Ordinance. Since the Convention applies to all categories of employment or work, the Committee requests the Government to indicate whether measures have been taken to prohibit the work or employment of persons under the age of 14 years on the types of work which are excluded from the scope of the Ordinance. The Committee also requests the Government to indicate the school-leaving age and whether this age coincides with the minimum age of admission to work or employment.

Article 3, paragraphs 1 and 2. The Committee noted that section 17, subsection 1, of the Ordinance prohibits the assignment of dangerous work specified by decree to persons who have attained the age of 14 years but are under the age of 18 years (section 4(c) of the Ordinance). The Committee requests the Government to supply information on the decree issued under this provision of the Ordinance and on the consultations made with the organizations of employers and workers in accordance with paragraph 2 of this Article.

Article 6. The Committee noted that section 15, subsection 2, of the Ordinance excludes from the minimum age work done in school or educational institution where it is educational in character. Likewise, section 16(a), as amended by the Ordinance of 12 March 1954, allows children of 12 years or over to work on tasks which are necessary for the learning of a trade or profession. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. Please indicate measures taken to ensure that these conditions are fulfilled when section 16(a) of the Ordinance is applied. Please also provide examples of tasks which are by nature normally carried out by children in pursuance of section 16(a).

Article 7. The Committee noted that section 16(b) of the 1952 Ordinance, as amended by the 1954 Ordinance, provides that children of 12 years or over who have completed the sixth class of primary school may work on tasks which do not make too high demands on the child's physical or mental powers or are not of a dangerous nature. The Committee recalls that under this Article of the Convention, national laws or regulations may permit the employment or work of such persons on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school or their capacity to benefit from the instruction received and that the activities involved and the conditions of work and employment should be determined by the competent authority. It requests the Government to indicate the measures taken or envisaged to restrict the employment of children under this provision of the Ordinance to light work which meets both conditions (a) and (b) of Article 7, paragraph 1, of the Convention, and to determine the activities and conditions of their employment or work (paragraph 3), so as to give full effect to this Article of the Convention.

Article 9, paragraph 3. Please indicate the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention, and provide a model of the register in question.

Point V of the report form. Please provide in the next report information on the practical application of the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed.

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

The Committee notes with regret 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.

Article 2 of the Convention. The Committee noted that the general prohibition of the employment of children under 14 years of age contained in section 15, subsection 1, of the Ordinance of 22 August 1952 does not apply to all forms of work or employment, since certain categories of work are excluded from the definition of the term "work" under section 1, subsection 1 and section 2 of the Ordinance. Since the Convention applies to all categories of employment or work, the Committee requests the Government to indicate whether measures have been taken to prohibit the work or employment of persons under the age of 14 years on the types of work which are excluded from the scope of the Ordinance. The Committee also requests the Government to indicate the school-leaving age and whether this age coincides with the minimum age of admission to work or employment.

Article 3, paragraphs 1 and 2. The Committee noted that section 17, subsection 1, of the Ordinance prohibits the assignment of dangerous work specified by decree to persons who have attained the age of 14 years but are under the age of 18 years (section 4(c) of the Ordinance). The Committee requests the Government to supply information on the decree issued under this provision of the Ordinance and on the consultations made with the organizations of employers and workers in accordance with paragraph 2 of this Article.

Article 6. The Committee noted that section 15, subsection 2, of the Ordinance excludes from the minimum age work done in school or educational institution where it is educational in character. Likewise, section 16(a), as amended by the Ordinance of 12 March 1954, allows children of 12 years or over to work on tasks which are necessary for the learning of a trade or profession. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. Please indicate measures taken to ensure that these conditions are fulfilled when section 16(a) of the Ordinance is applied. Please also provide examples of tasks which are by nature normally carried out by children in pursuance of section 16(a).

Article 7. The Committee noted that section 16(b) of the 1952 Ordinance, as amended by the 1954 Ordinance, provides that children of 12 years or over who have completed the sixth class of primary school may work on tasks which do not make too high demands on the child's physical or mental powers or are not of a dangerous nature. The Committee recalls that under this Article of the Convention, national laws or regulations may permit the employment or work of such persons on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school or their capacity to benefit from the instruction received and that the activities involved and the conditions of work and employment should be determined by the competent authority. It requests the Government to indicate the measures taken or envisaged to restrict the employment of children under this provision of the Ordinance to light work which meets both conditions (a) and (b) of Article 7, paragraph 1, of the Convention, and to determine the activities and conditions of their employment or work (paragraph 3), so as to give full effect to this Article of the Convention.

Article 9, paragraph 3. Please indicate the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention, and provide a model of the register in question.

Point V of the report form. Please provide in the next report information on the practical application of the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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.

Article 2 of the Convention. The Committee noted that the general prohibition of the employment of children under 14 years of age contained in section 15, subsection 1, of the Ordinance of 22 August 1952 does not apply to all forms of work or employment, since certain categories of work are excluded from the definition of the term "work" under section 1, subsection 1 and section 2 of the Ordinance. Since the Convention applies to all categories of employment or work, the Committee requests the Government to indicate whether measures have been taken to prohibit the work or employment of persons under the age of 14 years on the types of work which are excluded from the scope of the Ordinance. The Committee also requests the Government to indicate the school-leaving age and whether this age coincides with the minimum age of admission to work or employment.

Article 3, paragraphs 1 and 2. The Committee noted that section 17, subsection 1, of the Ordinance prohibits the assignment of dangerous work specified by decree to persons who have attained the age of 14 years but are under the age of 18 years (section 4(c) of the Ordinance). The Committee requests the Government to supply information on the decree issued under this provision of the Ordinance and on the consultations made with the organizations of employers and workers in accordance with paragraph 2 of this Article.

Article 6. The Committee noted that section 15, subsection 2, of the Ordinance excludes from the minimum age work done in school or educational institution where it is educational in character. Likewise, section 16(a), as amended by the Ordinance of 12 March 1954, allows children of 12 years or over to work on tasks which are necessary for the learning of a trade or profession. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. Please indicate measures taken to ensure that these conditions are fulfilled when section 16(a) of the Ordinance is applied. Please also provide examples of tasks which are by nature normally carried out by children in pursuance of section 16(a).

Article 7. The Committee noted that section 16(b) of the 1952 Ordinance, as amended by the 1954 Ordinance, provides that children of 12 years or over who have completed the sixth class of primary school may work on tasks which do not make too high demands on the child's physical or mental powers or are not of a dangerous nature. The Committee recalls that under this Article of the Convention, national laws or regulations may permit the employment or work of such persons on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school or their capacity to benefit from the instruction received and that the activities involved and the conditions of work and employment should be determined by the competent authority. It requests the Government to indicate the measures taken or envisaged to restrict the employment of children under this provision of the Ordinance to light work which meets both conditions (a) and (b) of Article 7, paragraph 1, of the Convention, and to determine the activities and conditions of their employment or work (paragraph 3), so as to give full effect to this Article of the Convention.

Article 9, paragraph 3. Please indicate the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention, and provide a model of the register in question.

Point V of the report form. Please provide in the next report information on the practical application of the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

Article 2 of the Convention. The Committee noted that the general prohibition of the employment of children under 14 years of age contained in section 15, subsection 1, of the Ordinance of 22 August 1952 does not apply to all forms of work or employment, since certain categories of work are excluded from the definition of the term "work" under section 1, subsection 1 and section 2 of the Ordinance. Since the Convention applies to all categories of employment or work, the Committee requests the Government to indicate whether measures have been taken to prohibit the work or employment of persons under the age of 14 years on the types of work which are excluded from the scope of the Ordinance. The Committee also requests the Government to indicate the school-leaving age and whether this age coincides with the minimum age of admission to work or employment.

Article 3, paragraphs 1 and 2. The Committee noted that section 17, subsection 1, of the Ordinance prohibits the assignment of dangerous work specified by decree to persons who have attained the age of 14 years but are under the age of 18 years (section 4(c) of the Ordinance). The Committee requests the Government to supply information on the decree issued under this provision of the Ordinance and on the consultations made with the organizations of employers and workers in accordance with paragraph 2 of this Article.

Article 6. The Committee noted that section 15, subsection 2, of the Ordinance excludes from the minimum age work done in school or educational institution where it is educational in character. Likewise, section 16(a), as amended by the Ordinance of 12 March 1954, allows children of 12 years or over to work on tasks which are necessary for the learning of a trade or profession. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. Please indicate measures taken to ensure that these conditions are fulfilled when section 16(a) of the Ordinance is applied. Please also provide examples of tasks which are by nature normally carried out by children in pursuance of section 16(a).

Article 7. The Committee noted that section 16(b) of the 1952 Ordinance, as amended by the 1954 Ordinance, provides that children of 12 years or over who have completed the sixth class of primary school may work on tasks which do not make too high demands on the child's physical or mental powers or are not of a dangerous nature. The Committee recalls that under this Article of the Convention, national laws or regulations may permit the employment or work of such persons on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school or their capacity to benefit from the instruction received and that the activities involved and the conditions of work and employment should be determined by the competent authority. It requests the Government to indicate the measures taken or envisaged to restrict the employment of children under this provision of the Ordinance to light work which meets both conditions (a) and (b) of Article 7, paragraph 1, of the Convention, and to determine the activities and conditions of their employment or work (paragraph 3), so as to give full effect to this Article of the Convention.

Article 9, paragraph 3. Please indicate the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention, and provide a model of the register in question.

Point V of the report form. Please provide in the next report information on the practical application of the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 matters raised in its previous direct request:

Article 2 of the Convention. The Committee noted that the general prohibition of the employment of children under 14 years of age contained in section 15, subsection 1, of the Ordinance of 22 August 1952 does not apply to all forms of work or employment, since certain categories of work are excluded from the definition of the term "work" under section 1, subsection 1 and section 2 of the Ordinance. Since the Convention applies to all categories of employment or work, the Committee requests the Government to indicate whether measures have been taken to prohibit the work or employment of persons under the age of 14 years on the types of work which are excluded from the scope of the Ordinance. The Committee also requests the Government to indicate the school-leaving age and whether this age coincides with the minimum age of admission to work or employment.

Article 3, paragraphs 1 and 2. The Committee noted that section 17, subsection 1, of the Ordinance prohibits the assignment of dangerous work specified by decree to persons who have attained the age of 14 years but are under the age of 18 years (section 4(c) of the Ordinance). The Committee requests the Government to supply information on the decree issued under this provision of the Ordinance and on the consultations made with the organizations of employers and workers in accordance with paragraph 2 of this Article.

Article 6. The Committee noted that section 15, subsection 2, of the Ordinance excludes from the minimum age work done in school or educational institution where it is educational in character. Likewise, section 16(a), as amended by the Ordinance of 12 March 1954, allows children of 12 years or over to work on tasks which are necessary for the learning of a trade or profession. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. Please indicate measures taken to ensure that these conditions are fulfilled when section 16(a) of the Ordinance is applied. Please also provide examples of tasks which are by nature normally carried out by children in pursuance of section 16(a).

Article 7. The Committee noted that section 16(b) of the 1952 Ordinance, as amended by the 1954 Ordinance, provides that children of 12 years or over who have completed the sixth class of primary school may work on tasks which do not make too high demands on the child's physical or mental powers or are not of a dangerous nature. The Committee recalls that under this Article of the Convention, national laws or regulations may permit the employment or work of such persons on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school or their capacity to benefit from the instruction received and that the activities involved and the conditions of work and employment should be determined by the competent authority. It requests the Government to indicate the measures taken or envisaged to restrict the employment of children under this provision of the Ordinance to light work which meets both conditions (a) and (b) of Article 7, paragraph 1, of the Convention, and to determine the activities and conditions of their employment or work (paragraph 3), so as to give full effect to this Article of the Convention.

Article 9, paragraph 3. Please indicate the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention, and provide a model of the register in question.

Point V of the report form. Please provide in the next report information on the practical application of the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed.

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

The Committee notes the first report on the application of this Convention to Aruba and wishes to draw the Government's attention to the following points:

Article 2 of the Convention. The Committee notes that the general prohibition of the employment of children under 14 years of age contained in section 15, subsection 1, of the Ordinance of 22 August 1952 does not apply to all forms of work or employment, since certain categories of work are excluded from the definition of the term "work" under section 1, subsection 1 and section 2 of the Ordinance. Since the Convention applies to all categories of employment or work, the Committee requests the Government to indicate whether measures have been taken to prohibit the work or employment of persons under the age of 14 years on the types of work which are excluded from the scope of the Ordinance. The Committee also requests the Government to indicate the school-leaving age and whether this age coincides with the minimum age of admission to work or employment.

Article 3, paragraphs 1 and 2. The Committee notes that section 17, subsection 1, of the Ordinance prohibits to give dangerous work specified by decree to persons who have attained the age of 14 years but are under the age of 18 years (section 4(c) of the Ordinance). The Committee requests the Government to supply information on the decree issued under this provision of the Ordinance and on the consultations made with the organisations of employers and workers in accordance with paragraph 2 of this Article.

Article 6. The Committee notes that section 15, subsection 2, of the Ordinance excludes from the minimum age work done in school or educational institution where it is educational in character. Likewise, section 16(a), as amended by the Ordinance of 12 March 1954, allows children of 12 years or over to work on tasks which are necessary for the learning of a trade or profession. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. Please indicate measures taken to ensure that these conditions are fulfilled, when section 16(a) of the Ordinance is applied. Please also provide examples of tasks which are by nature normally carried out by children in pursuance of section 16(a).

Article 7. The Committee notes that section 16(b) of the 1952 Ordinance, as amended by the 1954 Ordinance, provides that children of 12 years or over who have completed the sixth class of primary school may work on tasks which do not make too high demands on the child's physical or mental powers or are not of a dangerous nature. The Committee recalls that under this Article of the Convention, national laws or regulations may permit the employment or work of such persons on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school or their capacity to benefit from the instruction received and that the activities involved and the conditions of work and employment should be determined by the competent authority. It requests the Government to indicate the measures taken or envisaged to restrict the employment of children under this provision of the Ordinance to light work which meets both conditions (a) and (b) of Article 7, paragraph 1, of the Convention, and to determine the activities and conditions of their employment or work (paragraph 3), so as to give full effect to this Article of the Convention.

Article 9, paragraph 3. Please indicate the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention, and provide a model of the register in question.

Point V of the report form. Please provide in the next report information on the practical application of the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed.