Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Minimum Age Convention, 1973 (No. 138) - Argentina (Ratification: 1996)

Other comments on C138

Observation

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The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2021, and of the Confederation of Workers of Argentina (CTA Autonomous), received on 31 August 2021.

Article 1 of the Convention. National policy for the effective abolition of child labour. In its previous comments, the Committee noted the National Plan for the Eradication of Child Labour and the Protection of Work by Young Persons (2018-22) and encouraged the Government to pursue its efforts towards the progressive elimination of child labour.

The Committee notes that, in response to the previous observations of the GGT RA concerning the need to strengthen the Provincial Commissions for the Prevention and Eradication of Child Labour (COPRETI), the Government indicates in its report that, with a view to maintaining permanent links between the provinces and the National Committee for the Eradication of Child Labour (CONAETI), provincial representatives (either the highest labour authority in the province or COPRETI coordinators) have been included on the board of the CONAETI. It also notes the creation of the Federal Strengthening Programme for the Eradication of Child Labour (Decision No. 268/2021 of the Ministry of Labour, Employment and Social Security), with the intention of reinforcing the role of institutions in territorial entities and/or value chains, which give rise to risks of the use of child labour, including through the training of leaders to promote childhood free from child labour. The Government adds that it is working on the establishment of provincial networks of enterprises involved in action to address child labour with a view to focussing more deeply on value chains. With ILO support, action has been initiated to eradicate child labour in the agricultural sector, and particularly in the production of tomatoes, garlic and cotton. The Committee notes the emphasis placed by the CGT RA on trade union participation in the design of policies to combat child labour, as reflected in the agreement concluded in 2021 between various unions and the Government with a view to articulating joint training activities for the prevention and eradication of child labour.

The Committee also takes note of the findings of the Survey of the Activities of Boys, Girls and Young Persons (EANNA) 2017, provided by the Government. According to the Survey, 10 per cent of boys and girls aged between 5 and 15 years in the country (763,544 boys and girls) are engaged in at least one productive activity (whether for the market, for own consumption or intensive unpaid domestic work involving ten or more hours of work a week), with a higher incidence in rural areas (19.8 per cent) and in the north-east and north-west of Argentina. Of a total of 781,513 boys, girls and young persons who work (between 5 and 17 years of age), 613,330 may be considered to fall within the ILO definition of child labour.

The Committee welcomes the efforts made by the Government for the strengthening of cooperation with provincial bodies responsible for combating child labour, and the compilation and publication of updated and disaggregated statistical data on the characteristics of child labour throughout the country, which will provide a basis for directing and monitoring the public policies adopted for its eradication. The Committee therefore encourages the Government to continue its efforts, in collaboration with the social partners, for the elimination of child labour in all sectors, and requests it to provide information on this subject. The Committee also requests the Government to continue providing updated information, where possible disaggregated by age and gender, on the nature, extent and trends of child labour in the country, including in the informal economy.

Article 2(3). Compulsory schooling. The Committee notes that, according to the EANNA, although school attendance by children (from 5 to 15 years of age) is almost universal (98.7 per cent of those living in urban areas and 96.6 per cent in rural areas), the intensity of the working day is an indicator that runs counter to educational success. Of all children who carry out at least one productive activity in urban areas, 21 per cent arrive late at school, 19.4 per cent do not attend school frequently and 17.3 per cent have repeated a school year at least once; while among those in rural areas, 15.2 per cent arrive at school late, 17.3 per cent do not attend school frequently and 22.4 per cent have repeated a school year at least once. In this regard, the CTA Autonomous indicates that the tension between child labour and education takes the form of a deterioration in educational trajectories and emphasizes that, among those who work, the requirement to repeat years, late arrivals at school and frequent absences occur more often than for those not engaged in productive work, irrespective of whether the work is for the market, household consumption or domestic or intensive care work.

The Committee notes with concern this information, which indicates that children under the minimum age are engaged in work which prevents them from attending school regularly, achieving a good educational performance and benefiting from the education received. The Committee recalls in this respect that to prevent and combat child labour, compulsory education should be effectively implemented so as to ensure that all children under the minimum age are attending school (2012 General Survey on the fundamental Conventions, paragraph 375). The Committee therefore requests the Government to take all the necessary measures to: (i) identify the causes that lead children under the minimum age for admission to employment (16 years) to undertake work that prevents them from attending school; and (ii) ensure that all children under the minimum age are able to complete compulsory schooling in practice. In this regard, it requests the Government to continue providing updated statistical data on school attendance, drop-out, repetition and completion rates for children under 16 years of age.

Article 7(1). Light work. In its previous comments, the Committee noted that, by virtue of section 17 of Act No. 26390/2008 on the prohibition of child labour and the protection of young workers, persons over 14 and under 16 years of age may work in enterprises owned by their father, mother or guardian for no more than three hours a day and 15 hours a week, on condition that the work is not hazardous or unhealthy and that they can continue attending school. However, the Committee notes that, according to the EANNA, in urban areas, 25.5 per cent of children (between 5 and 15 years of age) who work do so for between ten and 36 hours a week, and 8.5 per cent work for more than 36 hours a week. In rural areas, 28.5 per cent of children who work do so between ten and 36 hours a week, and 6.1 per cent for more than 36 hours a week. The Committee observes that, according to this statistical data, there are children engaged in light work for a number of hours that exceeds the limit established by the national legislation, and that some of them are even under the age established for such work. In this regard, the Committee wishes to recall that, in accordance with Article 7(1) of the Convention, children who are of the age to undertake light work may only carry out work that is not likely to be harmful to their health or development, and that is not such as to prejudice their attendance at school or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to: (i) identify the causes that lead children, even under the minimum age, to undertake light work, activities that exceeds the maximum number of hours established by the national legislation; and (ii) ensure that only children over 14 years of age undertake light work and that in no case does such work exceed the number of hours permitted by national laws and regulations (up to 15 hours a week).

Application in practice and labour inspection. The Committee notes the Government’s indication that in 2020 the Coordinating Unit for the Prevention of Child Labour and the Protection of Young Workers became the Inspection Department for Work by Children and Young Persons and Evidence of Labour Exploitation (DITIAEIEL), the functions of which include promoting the continuous strengthening of labour inspection systems, furthering legal provisions and preparing information materials to optimize inspection, and technical assistance to labour jurisdictions. The Government also refers to Decision No. 425/2019 of the Secretariat of Labour establishing the procedure for action by the National Labour Inspectorate in cases of the presence of persons under 16 years of age engaged in work, which sets out the guidelines to be taken into account by labour inspectors when dealing with victims of child labour. The Committee notes the Government’s indication that, between January 2020 and the first semester of 2021, a total of 17 criminal charges were brought for child labour under section 148bis of the Criminal Code, and it emphasizes that, despite the impact of the pandemic on inspection, all denunciations by citizens of work by children and young persons in violation of the labour regulations were subject to inspection. The Committee further notes that the CGT RA, in its observations on the Worst Forms of Child Labour Convention, 1999 (No. 182), refers to the lack of coordination and inadequacy of the number of inspectors to detect situations of child labour. Taking into account the number of children between the ages of 5 and 15 years who, according to the EANNA, are engaged in work, the Committee requests the Government to continue taking all the necessary measures to strengthen the capacities of the labour inspection system in relation to child labour with a view to ensuring its presence in all the regions of the country and economic sectors, including the informal economy. It once again requests the Government to provide information on the number of inspections carried out in relation to child labour, if possible disaggregated by region and sector of the economy, and on the nature and number of violations detected, the number of convictions and the type of sanctions imposed, including the reasons for the low number of criminal charges brought in light of the high number of very young children engaged in light work.