Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Saint-Marin (Ratification: 2000)

Article 5 of the Convention. Monitoring mechanisms. The Committee noted the Government’s indication that the International Labour Office of the Republic of San Marino is the authority primarily responsible for monitoring the actual application of the provisions of the Convention in question. The Office issues employment authorization documents provided that the relevant requirements are met, including those relating to the minimum working age and compulsory education. In addition to those carried out by the International Labour Office, inspections are also conducted by the Employment Commission, which is responsible for monitoring the implementation of labour legislation and standards, in collaboration with the labour inspectorate. The Committee notes from the Government’s report that the labour inspectorate, following its evaluations, has not gathered any documents registering cases of infringement of provisions of the Convention. It further notes that, considering the tripartite structure of the Employment Commission, there have been consultations between Government, trade unions as well as employers’ organizations.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee had previously requested the Government to provide information on the programmes of action adopted or envisaged to eliminate the worst forms of child labour. The Committee notes from the Government’s report that no cases of child labour have been reported in the Republic of San Marino and, as such, no action plan has been adopted or envisaged. The Committee also notes that the Government, as well as employers’ and workers’ organizations, participate each year in the World Day against Child Labour celebrations, in order to raise awareness amongst the population about child labour.

Article 7(2). Effective and time-bound measures. The Committee previously noted the Government’s information regarding the worst forms of child labour, that it had adopted a preventive approach, undertaking a number of social and cultural initiatives to eliminate poverty, which is at the root of the phenomenon of child labour. The Committee notes the information in the Government’s report that since no cases of child labour have ever been registered in San Marino, actions to prevent the employment of children have not been deemed necessary. However, the Committee notes that the Government, by virtue of the State Finance Act, has made provisions on the basis of family status for individuals in socially disadvantaged circumstances, paying special attention to the composition and size of the family unit. Those who are in situations of particular difficulty and need, such as single-income families with dependent children, family units with disabled or older members who are not self-sufficient, family units of pensioners who must provide for themselves, or family units with social difficulties, benefit from the support measures in place.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the information in the Government’s report that it regularly puts into practice an international economic cooperation policy designed to promote and protect the rights of children in third countries, allowing it to fund projects carried out by the UN and its specialized agencies as well as by non-governmental organizations. The Committee notes that in 2009, the Government set aside 0.034 per cent of its GDP to finance projects for the social and economic development of developing countries and for poverty reduction.

Part V of the report form. Practical application of the Convention. The Committee previously noted the Government’s information that no cases of child labour have ever been reported. The Committee notes from the Government’s report that the labour inspectorate is responsible for monitoring and implementing labour regulations as well as assessing infringements of prevailing regulations. The Committee notes that as there have been no reports of child exploitation or child labour, the labour inspectorate has nothing to report.