Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la edad mínima, 1973 (núm. 138) - Costa Rica (Ratificación : 1976)

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) transmitted by the Government with its report. It also notes the joint observations of the Confederation of Workers Rerum Novarum (CTRN) and the Costa Rican Workers’ Movement Central (CMTC), received on 7 September 2024. It requests the Government to provide its comments in this respect.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes from the Government’s report that: (i) the Road Map to free Costa Rica from child labour and its worst forms 2022–25 was adopted, which includes among its strategic lines the expansion and increase in work to identify and monitor child labour and hazardous work of young persons, including by continuously updating and using the Child Labour Risk Identification Model (MIRTI); (ii) in 2022, a system for the recognition of good social and labour practices for private enterprises and public institutions (SIRESOL) was established; (iii) in 2023, the Implementation Guidelines for the Protocol on inter-institutional coordination to assist young persons engaged in work was adopted in the agricultural sector to prevent and eliminate child labour (MAG-No.003-2023); (iv) in 2023, the Steering Committee for the prevention and elimination of child labour and protection of young persons in work was reactivated, with commitments in the Road Map to free Costa Rica from child labour and its worst forms 2022–25; (v) in 2024, the National Childhood and Young Persons Policy 2024–36 was adopted; and (vi) productive sectors with a high incidence of child labour, such as livestock and coffee harvesting, were identified. In this respect, the Government indicates that technical coordination has been established between the Ministry of Labour and Social Security and the Livestock Corporation (CORFOGA) (which is part of the Network of Enterprises against Child Labour) to develop and implement the Joint Action Plan for 2023–24.

With regard to the MIRTI, developed within the framework of the Latin America and the Caribbean Free of Child Labour Regional Initiative, in collaboration with the ILO and the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), the Government indicates that: (i) in 2023, care, prevention and promotion activities continued in regions more susceptible to child labour (the Central Pacific region and the Huetar Caribbean region); and (ii) in coordination with the Ministry of Public Education (UPRE) and the Joint Social Welfare Institute, actions were carried out in the Brunca region and the Chorotega region, which are also regions identified as more susceptible to child labour.

With regard to the Committee’s previous request to provide statistics on child labour, the Government indicates that it has annual statistics on the child labour population, only for the 12 to 17-year-old age group, compiled by the National Statistics and Census Institute (INEC) through the National Household Survey (ENAHO). Based on the 2023 ENAHO, the Committee notes that in July 2023, there were 6,254 children from 12 to 17 years engaged in an economic activity, even though the minimum age for admission to employment or occupation specified by the Government is 15 years. The Committee welcomes the Government’s information that, with the cooperation of the ILO, a consultation was initiated for the development of a medium-term strategy to generate child labour statistics: the technical proposal to improve the statistical measurement of child labour in Costa Rica.

The Committee also takes due note that, according to the observations of the UCCAEP, with ILO technical assistance: (i) training workshops in due diligence to prevent child labour were carried out for enterprises and chambers of commerce; and (ii) a guide was drawn up among employers on due diligence to prevent child labour, an instrument that serves as a reference for the promotion of good practices for the elimination of child labour. The Committee requests the Government to continue to provide information on: (i) the application of the Child Labour Risk Identification Model (MIRTI) in the country, particularly on the specific measures taken further to the identification of regions more susceptible to child labour and the results achieved in eliminating child labour in these regions; (ii) the results of the technical proposal to improve the statistical measurement of child labour in Costa Rica, including detailed statistics on the nature, scope and trends in child labour, indicating the economic activity sectors in which child labour is more frequent; and (iii) the number and nature of the violations found or reported and the penalties imposed.

Article 3(1) and (2), and Article 8. Minimum age and determination of hazardous work. Artistic performances. With reference to its previous comment, the Committee notes the Government’s indication that there have been no proposals to amend Act No. 8922 of 25 March 2011 concerning the prohibition of hazardous and unhealthy work of young persons. The Government adds, however, that there are two further preliminary bills that are currently being approved for drafting, aimed at partially amending this regulation thus: (i) amendment of the prohibition in section 5(c) of Act No. 8922 on the participation of young persons in hazardous and unhealthy activities in fishing and related occupations; and (ii) amendment of sections 6 and 7 on the participation of young persons in public performances. The Committee notes the Government’s clarification and requests it to continue to provide information on the development of these two preliminary bills.