ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Minimum Age Convention, 1973 (No. 138) - Honduras (Ratification: 1980)

Display in: French - Spanish

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 30 August 2022.
Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes, from the observations of the COHEP, that according to the 2022 Report on the Characteristics of the Labour Market, published by the National Institute of Statistics, 65.2 per cent of children aged between 5 and 17 years dedicate their entire time to studying, 11.2 per cent are engaged in some type of work (this includes those who study and work and those who work full-time), and 23.6 per cent neither study nor work. The Report highlights that, out of the 256,526 minors engaged in work or employment, 64.8 per cent are in rural areas. The Committee also notes, from the observations of the COHEP, that in 2020, consultations and tripartite workshops took place for the preparation and approval of a Road map for the elimination of child labour in all its forms 2021–25, containing 10 strategic action points, including: (1) joint efforts with the education system to combat, in a coordinated manner, education exclusion and child labour; (2) the establishment of an inter-institutional and intersectoral common integrated care protocol for child labour and children engaged in hazardous work; and (3) strengthening of the operational and budgetary capacities of key institutions towards the prevention of child labour and protection of adolescent workers.
The Committee notes the Government’s information, in its report, on the labour inspections undertaken with regard to child labour: 2 inspections in 2020, 45 inspections in 2021 and 22 inspections between January and March 2022. However, the Committee notes that no information is provided on the findings of these inspections. The Committee further notes, from the Government’s third periodic report on the application of the International Covenant on Civil and Political Rights: (1) the reactivation, in 2017, of the National Commission for the Gradual Elimination of Child Labour; and (2) the Protocol for the Organization, Training and Certification of Committees for the Prevention of Child Labour (CCPR/C/HND/3, 9 January 2023, para. 209). The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour, including within the framework of the Road map for the elimination of child labour in all its forms 2021–25. The Committee also requests the Government to continue providing information on: (i) the manner in which the Convention is applied in practice, and to include in particular statistics on the employment of children under 14 years of age, extracts from the reports of the labour inspection services and information on the number and nature of the violations detected and penalties imposed; and (ii) the activities of the National Commission for the Progressive Elimination of Child Labour.
Article 2(1) and (4). Scope of application and minimum age for admission to employment or work. With regard to its previous comment, the Committee notes the Government’s reply that it adopted Executive Agreement No. STSS-578-2020 on 14 December 2020, which approved the Regulations of protected adolescent work. The Government states that section 3 of the Regulations stipulates that: (1) the Secretary of State in the Offices of Labour and Social Security through the General Directorate of Social Welfare, is the only authority with the capacity to grant authorization for the work of adolescents, in accordance with the provisions of section 119 of the Code for Children and Adolescents; and (2) no authorization will be granted for the work of a minor under the age of 14 years. The Committee notes that the COHEP also refers to the regulations of protected adolescent work to indicate that no child under the age of 14 years is authorized to work in the country. While it welcomes the adoption of the Regulations of Protected Adolescent Work, the Committee notes that the Government has not taken any measures to amend section 2(1) of the Labour Code which excludes from its scope of application agricultural and stock raising undertakings that do not permanently employ more than 10 workers. Nor does it amend section 32(2) of the Labour Code which provides that the authorities responsible for supervising work by persons under 14 years of age could authorize them to engage in an economic activity if they considered it indispensable for their subsistence or that of their parents or brothers and sisters, and provided that it did not prevent them from attending compulsory schooling.
The Committee further notes, from the observations of the COHEP, the reform of section 8 of the Regulations on child labour 2001 by Decree No. 125-2015, published in the Gaceta on 28 January 2017, which updates the list of hazardous types of work. The Committee notes however that this update does not change the terms of sections 4 to 6 of the Regulations on child labour of 2001, which continue to provide that these Regulations only apply to contractual labour relations.
The Committee therefore once again recalls that, under the terms of Article 2(1) of the Convention, no one under the minimum age specified shall be admitted to employment or work in any occupation, subject to the exemption set out in Articles 4 to 8 of the Convention. The Committee once again urges the Government to take the necessary measures to bring the Labour Code and the 2001 Regulations on child labour into conformity with the Code for Children and Young Persons of 1996 and the 2020 Regulations of protected adolescent work so as to ensure coherence in the legislation and that no child under 14 years of age is authorized to work, including children working in agricultural and stock-raising undertakings which do not permanently employ more than ten workers, and those who work on their own account. It once again requests the Government to provide information on the progress achieved in this respect.

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

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2018, with the support of the International Organisation of Employers (IOE), and the Government’s reply to these observations.
Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that several measures had been taken with a view to improving the operation of the education system, although the Committee noted that the Committee on the Rights of the Child expressed concern at the low enrolment rate in secondary education. The Committee once again requested the Government to intensify its efforts to improve the functioning of the education system so as to improve the enrolment rate of children under 14 years of age in secondary education.
The Committee notes the COHEP’s observations, according to which the action taken by the Secretariat of Education (SEDUC) only consist of awareness-raising campaigns to encourage school enrolment and the provision of educational assistance to children. The COHEP has not noted other action by the SEDUC, and emphasizes that this may be due to the lack of funding for education. The COHEP adds that it has not noted any planned reform in the programme of studies, but is calling for the future reform to include the issue of the worst forms of child labour.
The Committee notes that Government’s reply to these observations, according to which the awareness-raising activities supplement other activities and measures, such as the Government’s new strategy in the context of the National Plan of Action for the Elimination of Child Labour, which is based on access to free and flexible schooling with a view to monitoring school attendance. The Government indicates that the Secretariat for Technical and Pedagogical Affairs has increased the supply of education in the western area of the country, which has made it possible to integrate 12,000 children into the basic school cycle, with the construction of 140 new schools. In total, according to the statistics of the school administration system, 11,152 children enrolled in the third cycle of basic studies in 2018.
The Committee takes due note of the new Act on school food, approved by Decree No. 125-2016, published in the Official Journal, La Gaceta, of 3 February 2017 under the terms of which the National School Food Programme (PNAE) has the objective of the provision to all children at school of a supplementary nutritional ration. The PNAE depends on 92 per cent government financing through a special allocation fund resulting from a cooperation agreement with the World Food Programme (WFP), which provides 8 per cent of the funding. In 2018, the PNAE benefitted 1,306,863 girls and boys at the pre-school and primary levels in 18,834 schools. Since 2016, school food has been introduced in the third cycle in basic education centres in rural areas.
The Committee also notes the deworming programme in public and private schools in 18 departments of the country at the pre-basic, 3 to 5 years and basic 6 to 15 years cycles (from the first to the ninth year). In 2017, a total of 2,260,183 girls and boys in 31,738 schools were dewormed. The Committee notes the other activities referred to by the Government, including the training of 245 pedagogical directors on the issue of child labour in the departments of Cortes, La Paz, Intibucá, Valle, Choluteca and Atlántida.
The Committee notes the annexes to the Government’s report, including the signature in 2016 of a letter of agreement between the Honduras National Commission for Human Rights (CONADEH) and the SEDUC to promote and deepen knowledge, compliance, protection and respect for human rights as a foundation of the formal education system. In this context, the Organization of Ibero-American States for Education, Science and Culture in Honduras has designed the project “National plan of human rights education”. This project serves as a basis for the inclusion of human rights content in pre-school, primary and secondary education in the national education system. The strategic partners participating in the project are SEDUC, CONADEH and the Human Rights Secretariat. The Committee notes that, according to the Government, there has been a reduction in cases of school drop-outs following this strategy (a fall of 3 per cent in the drop-out rate, for a national average of 8 per cent).
However, the Committee notes from the Government’s report the difficulties encountered in enrolling children at school. Although, between 2014 and 2017, the gross school enrolment rate increased (from 50 to 68 per cent), the net school enrolment rate in 2017 was 48 per cent. Similarly, the Committee observes, according to the database of the UNESCO Institute for Statistics, that in 2017 the net school attendance rate for primary education was 83.32 per cent, with the rate falling to 45.44 per cent for secondary education, and a total of 192,262 children of school age who are not attending school. While noting the measures taken by the Government, the Committee requests it to continue its efforts to improve the functioning of the education system with a view to achieving an increase in the school attendance rate of children under 14 years at the secondary level. It requests the Government to continue providing information on the measures adopted in this regard.

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

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2018, with the support of the International Organisation of Employers (IOE), and the Government’s reply to these observations.
Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the information on the extension of the scope of action by labour inspectors set out in the Code for Children and Young Persons, as revised, and it requested the Government to take the necessary measures to adapt and reinforce the capacities of the labour inspection services. It also requested the Government to provide information on the new legislation on labour inspection which was under preparation.
The Committee notes the COHEP’s observations, according to which the number of labour inspectors is lower than required, particularly for the informal economy, even though the Government has indicated that measures have been taken to reinforce the capacity of labour inspectors. The COHEP indicates that the Regulations of the new Act should be approved by the end of 2018 and that they are being formulated through tripartite consultations. The COHEP emphasizes that it has followed the national plan for child labour in enterprises and that there are no children in the enterprises which are members of the COHEP.
The Committee takes due note from the Government’s report and its reply to the observations of the COHEP of the adoption of the new Decree on labour inspection, Statutory Decree No. 178-2016, by the National Congress of the Republic, which entered into force on 15 March 2017. The new Decree also guarantees the deployment of young workers under decent conditions and prohibits work by children below the minimum statutory age of 14 years. A new administrative procedure has also been established which includes financial penalties of 100,000 lempiras in cases where the labour inspection services detect the presence of children engaged in work below the minimum statutory age of 14 years, or children without the authorization to work. Inspectors are also required to remove children engaged in hazardous types of work for their health and safety. A chapter has been included on advisory technical inspections in the most vulnerable sectors, such as the informal economy, where most child labour is found. Furthermore, since January 2018, an electronic application for the public denunciation of child labour has been developed. Denunciations are referred to labour inspectors so that they can be followed up through inspections.
The Committee notes that, since the entry into force of the new Act, the Government has undertaken 187 labour inspections in 2017 and 76 of the 175 scheduled inspections for 2018. During these inspections, a total of 185 girls and boys were heard and inspectors evaluated the jobs for which authorizations had been requested for young workers in order to verify and confirm that they do not endanger the children.
The Committee notes that the Road map to ensure that Honduras is a country free of child labour was approved as a public policy on child labour by Executive Decrees Nos PCM-11-2011 and PCM-056-2011, which were attached to the report, and that a new strategic planning document for the period 2016–20, prepared with the participation of the main stakeholders, is undergoing approval by the various sectors. This document allows each institution and organization to plan its annual activities in light of the six dimensions of the public policy. It is also based on the Agenda 2030, the Regional Initiative for Latin America and the Caribbean Free of Child Labour and the Alliance for Prosperity Plan, international standards and national regulations. The action taken to combat child labour in the context of the strategic plan as well as the stages of its implementation will be recorded in the results-based management platform. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including in particular statistics on the employment of children under 14 years of age, extracts from the reports of the labour inspection services and information on the number and nature of the violations detected and penalties imposed. Taking into account the strategic plan 2016–20 of the national Road map to ensure that Honduras is a country free of child labour, the Committee requests the Government to provide information on the implementation of the Road map.
Article 2(1) and (4). Scope of application and minimum age for admission to employment or work. In its previous comments, the Committee noted that, under the terms of section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age could authorize them to engage in an economic activity if they considered it indispensable for their subsistence or that of their parents or brothers and sisters, and provided that it did not prevent them from attending compulsory schooling. It also noted that, under the terms of section 2(1) of the Labour Code, agricultural and stock-raising undertakings that do not permanently employ more than ten workers are excluded from the scope of application of the Labour Code. It further noted that, under the terms of sections 4 to 6, the Regulations on child labour of 2001 only apply to contractual labour relations. The Government indicated in this respect that a draft revision of the Labour Code had been prepared containing provisions to bring the national labour legislation into conformity with the international Conventions ratified by Honduras. The Committee urged the Government to take the necessary measures to bring the Labour Code and the Regulations on child labour of 2001 into conformity with the Code on Children and Young Persons of 1996. It requested the Government to provide information on the progress achieved in this respect.
The Committee notes, according to the COHEP’s observations, that it has not been informed of the fact that the Labour Code is awaiting examination, approval and publication by the National Congress. The representatives of enterprises expressed interest in engaging in a comprehensive reform of the Labour Code, but have not yet been received by the Government. The Committee notes the COHEP’s indications that no reform has been discussed in the tripartite Economic and Social Council.
The Committee notes the Government’s reply to the COHEP’s observations to the effect that in 2014 a discussion was commenced with the social partners, during which workers’ organizations expressed reservations regarding the reforms to the Labour Code. The Committee notes the Government’s indications that it assumes its commitments and will submit the current reforms for discussion by the Economic and Social Council and prepare a Road map which will make it possible to continue the harmonization of the Labour Code with a view to reaching agreement. Accordingly, the reforms are to be submitted to the National Congress with the prior opinion of the Supreme Court of Justice.
The Committee notes that, according to the Government’s report, the reform or revision of the Labour Code is awaiting examination, approval and publication by the National Congress and will be discussed in plenary session. The Committee also notes once again Executive Decree No. PCM-05-2015, adopted by the Government, which is intended to adapt the integration of the National Commission for the Progressive Eradication of Child Labour to the Government structure through a comprehensive approach incorporating other organizations and institutions with similar responsibilities with the objective of articulating, evaluating and guaranteeing the implementation of the national plan through the public policy and the Road map.
The Committee reminds the Government that, under the terms of Article 2(1) of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the exemption set out in Articles 4 to 8 of the Convention. It also reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not they are performed within the framework of an employment relationship or a labour contract, and whether or not the employment or work is paid. Observing that the Government has been referring to the revision of the Labour Code for over ten years, the Committee once again urges the Government to take the necessary measures to bring the Labour Code and the 2001 Regulations on child labour into conformity with the Code for Children and Young Persons of 1996 so as to ensure that no child under 14 years of age is authorized to work, including children working in agricultural and stock-raising undertakings which do not permanently employ more than ten workers, and those who work on their own account. It once again requests the Government to provide information on the progress achieved in this respect.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, although the net school enrolment rate in primary education was relatively high, the net school attendance rate in secondary education remained low. It also noted that a preliminary draft of the General Education Act, which is to replace the Consolidated Act of 1966, establishes that school is compulsory and free of charge for ten years, namely one year of pre-school and nine years of primary education until the age of 14, which is the minimum age for admission to work in Honduras.
The Committee notes with interest the adoption of the Basic Education Act, Decree No. 262-2011, which entered into force on 22 February 2012, which, in sections 7, 8, 13 and 21–23, envisages compulsory free schooling. The Committee also notes the Government’s indication that the attendance rate increased by 5 per cent in 2015, with 1.9 million children under 14 years of age enrolled in pre-school and primary education. The Committee also notes the measures taken by the Government in the context of the National Plan of Action for the Elimination of Child Labour, in particular the reconstruction of education centres in the west of the country, and the adoption of Circular No. 0150-SE-2014 which provides that no child in the first year can be failed, and that a “child labour” entry is to be incorporated into the national enrolment system to identify the number of child workers. It also notes that the Government has established, through an administrative ruling, that children living in rural areas and in indigenous and Afro–Honduran villages shall start school earlier, that is before the age of six, to reduce their educational disadvantages. Moreover, there is an international certification process for enterprises that can be declared free from child labour and an awareness-raising campaign conducted by the Education Office of the Secretariat of State. Finally, the Government indicates that the Secretariat for Education has taken measures to combat child labour, such as a national campaign to encourage the enrolment and retention of children in education centres, and the removal of obstacles to first-year enrolment such as age, birth certificate or health card requirements. While welcoming these measures, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 2015 (CRC/C/HND/CO/4-5 paragraph 70), expressed concern at the low enrolment rate in secondary education. The Committee also observes that, according to the 2013 UNESCO estimates, the net enrolment rate in secondary education was only 48.6 per cent. The Committee once again requests the Government to intensify its efforts to improve the functioning of the education system to increase the enrolment rate of children under 14 years of age in secondary education. It also requests the Government to continue providing information on the measures taken in this regard.

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

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 28 August and 24 September 2015, supported by the International Organisation of Employers (IOE).
Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the measures taken to combat child labour, particularly in the context of the implementation of the Plan of Action for the Elimination of Child Labour (2008–15), and their results. The Committee also noted the Government’s indication that 122 labour inspectors distributed among 17 regional offices are responsible for child labour, but that no violations had been reported in this field despite the high percentage of children working under the minimum age. The Committee requested the Government to take practical measures to reinforce the action of the labour inspectorate to prevent and combat child labour.
The Committee notes the joint observations of the COHEP and the IOE according to which new legislation on labour inspection is under discussion with the social partners with a view to remedying the inadequate numbers and lack of specialization, for example in the field of child labour, of labour inspectors in the Secretariat of Labour and Social Security. The Government indicates that the inspection and information services reported 170 inspections and 60 violations in the Department of Women and Young Workers at the central and regional levels in 2014, as well as 48 inspections in the central office between January and June 2015. However, the Committee notes with concern that, among the violations reported, the labour inspectorate has not reported violations relating to the Code for Children and Young Persons and the Regulations on child labour. Furthermore, with regard to the measures adopted in the context of the Plan of Action for the Elimination of Child Labour, the Committee notes the Government’s indication that the activities covered by the Plan of Action have been incorporated into the public policy, entitled “Roadmap to make Honduras a country free from child labour”. The Committee also notes that the Government has commenced work on the preparation of a new National Plan of Action for the Elimination of Child Labour 2016–20. It further notes that, in accordance with the revision of the Code for Children and Young Persons through Decree No. 35 2013 of 6 September 2013, new section 128 has extended the coverage of labour inspectors, who henceforth cover any workplace, including homes. However, it notes that, according to the household survey conducted by the National Statistical Institute in 2014, a total of 379,598 children between the ages of 5 and 17 years are engaged in work, or 15.3 per cent, which constitutes an increase in relation to 2013, when there were 328,000 working children. Noting the information on the extension of the coverage of labour inspectors, as envisaged in the Code for Children and Young Persons, the Committee requests the Government to take the necessary measures for the adaptation and reinforcement of the capacities of the labour inspection services so as to ensure that the protection afforded by the Convention also covers children working in the informal economy. Further noting that new legislation on labour inspection is under preparation, it requests the Government to provide information on the progress achieved in this regard. The Committee also requests the Government to continue providing information on the manner in which the Convention is applied in practice, supported by statistics on work by children under 14 years of age, extracts from the reports of the labour inspection services and information on the number and nature of violations reported and the penalties imposed. Finally, it requests the Government to provide information on the implementation of the Plan of Action for the Elimination of Child Labour 2016–20, once it has been adopted.
Articles 2(1) and (4). Scope of application and minimum age for admission to employment or work. The Committee noted previously that, under the terms of section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may authorize them to engage in an economic activity if they consider it indispensable for their subsistence or that of their parents or brothers and sisters, and provided that it does not prevent them from attending compulsory schooling. It also noted that, under the terms of section 2(1) of the Labour Code, agricultural and stock-raising undertakings that do not permanently employ more than 10 workers are excluded from the scope of the Labour Code. It also noted that, in accordance with sections 4 to 6, the Regulations on child labour of 2001 only apply to contractual labour relations. The Government indicated in this regard that a draft revision of the Labour Code had been prepared containing provisions to bring the national labour legislation into conformity with the international Conventions ratified by Honduras. The Committee requested the Government to take the necessary measures to bring the national legislation into conformity with the Convention.
The Committee notes the Government’s indication that the harmonization of the Labour Code has been underway since 2004. The Committee recalls that, under the terms of Article 2(1) of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the exemption set out in Articles 4 to 8 of the Convention. It also recalls that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not they are performed within the framework of an employment relationship or a labour contract, and whether or not the employment or work is paid. Observing that the Government has been referring to the revision of the Labour Code for over ten years, the Committee once again urges the Government to take the necessary measures to bring the Labour Code and the 2001 Regulations on child labour into conformity with the Code for Children and Young Persons of 1996 so as to ensure that no child under 14 years of age is authorized to work, including children working in agricultural and stock-raising undertakings which do not permanently employ more than ten workers, and those who work on their own account. It once again requests the Government to provide information on the progress achieved in this respect.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the measures taken to combat child labour and the results achieved, particularly in the context of the implementation of the Plan of Action for the Elimination of Child Labour (2008–15). It noted the objectives, the components and the development of indicators to evaluate the implementation of the Plan of Action, as well as the daily workshops on rights and duties at work in relation to children and young persons, the involvement of the labour inspectorate, and the integration of a “child labour” module into household surveys carried out by the National Institute of Statistics (INE). Yet, the Committee raised concerns at the results of the 2010 INE household survey according to which 14.3 per cent of children and young persons between the ages of 5 and 17 are engaged in an economic activity and the UNICEF 2009 statistics indicating that 16 per cent of children between the ages of 5 and 14 are working. Due to the large number of children who are below the minimum age for admission to employment and who work, the Committee requested the Government to intensify its efforts to ensure the progressive elimination of child labour and provide information in this regard.
The Committee notes with interest the Government’s indications as regards the measures taken to implement the Plan of Action for the Elimination of Child Labour (2008–15), which have included, inter alia, the appointment of 30 municipal child defenders in the departments of Valle, Copan and La Paz; the decentralization of activities to eliminate child labour through the establishment of four subregional technical advisory committees composed of workers’ and employers’ organizations, Government and civil society with coordinating authority on the local level in Choluteca, San Pedro Sula, Progreso and Ceiba; as well as other institutional changes.
The Committee notes that in order to achieve the objective to eliminate child labour by 2020 (set out in the Decent Work in the Americas: An agenda for the Hemisphere), the Government together with the ILO–IPEC formulated a Roadmap for the Prevention and Eradication of Child Labour and its Worst Forms. The Committee notes the Government’s indications that the Roadmap provides the basis for strategic programming and the link between the different policies and measures that have a direct or indirect impact on the prevention and eradication of child labour. The Roadmap sets out action at the regional, subregional and local levels and contains dimensions on poverty, health, education, the protection of rights, capacity building, awareness raising and the creation of knowledge base on child labour. The Committee notes that the Government through Executive Decrees PCM-011-2011 of February 2011 and PCM-056-2011 of August 2011, approved the Roadmap as national policy instructing all secretariats and their dependencies to incorporate the eradication of child labour into their institutional and strategic planning processes. The Committee notes from the Government’s report and on the basis of the report of June 2012 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase IV)” that the Government has finalized the programming measures for 2012–14 to implement the Roadmap.
The Committee furthermore notes the Government’s information provided in its report concerning the implementation of the conditional cash transfer programme “Bono 10.000” extending financial assistance to families with minors under 18 years of age conditional on children’s school attendance and benefiting 345,000 families so far. The Committee also notes the Government’s statement that in 2011 the Secretariat of Labour provided 492 daily workshops on rights and duties at work for children, young persons and their legal representatives, which were attended by 4,227 participants (compared to 2,528 participants between January 2009 and April 2010). Moreover, it notes the Government’s indications as regards the labour inspectorate and its programme for the gradual and progressive eradication of child labour. In this regard, the Committee notes that according to the 2012 Report on Child Labour prepared by the Secretary of State in the Offices of Justice and Human Rights, 122 labour inspectors are working in the area of child labour dispersed over 17 regional offices. In 2011, 3,736 child labour inspections were carried out covering 72,488 persons, yet the abovementioned report indicates that no violations were found. The Committee raises serious concern about the lack of contraventions reported, all the more so because according to the 2010 UNICEF statistics (and 2009 statistics), 16 per cent of children between the ages of 5 and 14 years are working in Honduras, indicating a large number of children who work that are below the minimum age for admission to employment or work.
The Committee recalls that, pursuant to the Convention, the minimum age should apply not only to formal arrangements but also to the informal economy, which can be achieved through appropriate monitoring mechanisms, including labour inspections. While noting the Government’s efforts, the Committee requests the Government to take practical measures to further strengthen the labour inspectorate in its action to prevent and combat child labour, taking into account its important role for the purpose of controlling the implementation of the minimum age for employment. In this regard, the Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, based in particular on statistics on the employment of children under 14 years of age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the sanctions imposed. The Committee also requests the Government to provide information on the results achieved through the implementation of the Plan of Action for the Elimination of Child Labour (2008–15) and the measures taken and results achieved in 2012–14 on the implementation of the Roadmap for the eradication of child labour.
Article 2(1) and (4). Scope of application. The Committee previously noted that, under the terms of section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work if they consider it indispensable in order to provide for their subsistence or that of their parents or brothers and sisters, and provided that it does not prevent them from following compulsory schooling. Furthermore, under the terms of section 2(1), agricultural and stock-raising undertakings that do not permanently employ more than ten workers are excluded from the scope of the Labour Code. It also noted that the Regulations on child labour of 2001, in accordance with sections 4–6, only apply to contractual labour relations. The Government indicated in this respect that a draft revision of the Labour Code had been prepared which contained provisions to bring the national labour legislation into conformity with the international Conventions ratified by Honduras, and therefore to harmonize the provisions of the Labour Code and the Regulations on child labour of 2001 with the Code for Children and Young Persons of 1996. The draft text would also allow the application of the provisions on the minimum age for admission to employment to all children, whether they are engaged under an employment contract or work on their own account. The Committee observed that the majority of children under 14 years of age work in agriculture, forestry, hunting and fishing.
The Committee notes that the Government’s report again does not contain information on the situation regarding the legislative process for the adoption of the draft revision of the Labour Code. The Committee notes the Government’s indications that the most recent laws concerning child labour, that is the Code for Children and Young Persons of 1996 and Regulations on Child Labour of 2001, which expressively prohibit under all circumstances the employment of children under 14 years of age (in its sections 120(2) and 15 respectively) are strictly applied. In this regard, the Committee recalls its earlier observation that the Regulations on Child Labour of 2001, in accordance with sections 4–6, only appear to apply to contractual labour relations and therefore would not cover children carrying out economic activities without an employment agreement, including self-employed children and children working in the informal economy.
The Committee recalls that, under the terms of Article 2(1) of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the exemptions set out in Articles 4–8 of the Convention. It also recalls that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not they are performed within the framework of an employment relationship or a labour contract, and whether or not the employment or work is paid.
The Committee again urges the Government to take the necessary measures to harmonize the provisions of the Labour Code and the Regulations on Child Labour of 2001 with the Code for Children and Young Persons of 1996 to ensure that no child under 14 years of age is permitted to work, including children who work in agricultural and stock-raising undertakings which do not permanently employ more than ten workers and those who work on their own account. It once again requests the Government to provide information on any progress achieved in this respect.
Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, although the net school enrolment rate at the primary level was relatively high, the net school attendance rate at secondary level remained low. The Committee also noted that a preliminary draft of the General Education Act, which is to replace the Consolidated Act of 1966, had been submitted to the Directorate of Education. The new legislation would, among other provisions, establish that school is compulsory and free of charge for ten years, namely one year of pre-school and nine years of primary education. The Committee also noted that education is one of the components of the implementation of the National Plan of Action for the Elimination of Child Labour 2008–15.
The Committee notes that the Government’s report again does not provide any information on progress in relation to the envisaged reform of the Consolidated Act of 1966. Neither does the Government report contain any information on the efforts undertaken by the Government to improve the operation of the education system with a view to increasing school attendance rates among children under 14 years of age in compulsory basic education, in the context of the National Plan of Action for the Elimination of Child Labour (2008–15).
Notwithstanding the absence of information on this point, the Committee observes that, according to UNICEF statistics for 2010, the net school attendance rate for primary education has improved and stands at 90 per cent for girls and 87 per cent for boys (compared to 80 per cent and 76 per cent respectively in 2009). The net school attendance rate for secondary education remains low with only 43 per cent of girls and 35 per cent of boys attending this level of education (compared to 36 per cent and 29 per cent respectively in 2009).
Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again firmly requests the Government to intensify its efforts to improve the functioning of the education system with a view to increasing school attendance completion rates for secondary education among children under 14 years of age in compulsory basic education. It requests the Government to provide information on the measures adopted in this respect, particularly in the context of the National Plan of Action for the Elimination of Child Labour and the Roadmap for the Eradication of Child Labour. The Committee also once again expresses the firm hope that the preliminary draft General Education Act will be adopted in the near future and that it will contain provisions guaranteeing compulsory schooling up to the age of 14. It requests the Government to provide a copy of the Act once it has been adopted.

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

The Committee notes the Government’s report, and the additional information provided by the Honduran National Business Council (COHEP), dated 4 October 2010.
Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the National Commission for the Gradual and Progressive Elimination of Child Labour (CNEGPTE) developed a second National Plan of Action for 2008–2015 in Honduras (Plan of Action for the Elimination of Child Labour). The Committee also noted that, according to the 2006 statistics contained in a CNEGPTE document on the second Plan of Action for the Elimination of Child Labour, 299,916 girls, boys and young persons aged between 5 and 17 years were economically active. Of these, 21.51 per cent were girls and 78.49 per cent were boys. Furthermore, 72 per cent of children engaged in work lived in rural areas, and 28 per cent in urban areas. Children worked principally in agriculture, forestry, fishing and domestic work (56.2 per cent); businesses, hotels and restaurants (24.4 per cent); manufacturing (8.2 per cent); construction (3 per cent); and transport, shops and distribution (1 per cent).
The Committee notes with interest the information provided in the Government’s report on the measures taken to combat child labour. It observes that the Secretariat of Labour and Social Security launched an initiative in 2010 with a view to the establishment of a platform of indicators on the basis of which the implementation of the objectives of the Plan of Action for the Elimination of Child Labour in Honduras could be evaluated. It notes that this Plan of Action has three objectives: (i) preventing school drop-outs; (ii) removing children from hazardous work and the worst forms of child labour; and (iii) ensuring the implementation of the provisions of the national legislation on child labour. For this purpose, the Committee notes that the Plan of Action is articulated around seven components, including: (i) family income, with the aim of promoting access to social protection services and improving the income of the families of children who are at risk; (ii) education, with the objective of promoting access to and retention in the education system or in non-formal education services; and (iii) research with the aim of broadening the necessary knowledge base to address the problem of child labour.
The Committee takes due note of the information provided in the Government’s report on the measures adopted and the results achieved in the context of the implementation of the Plan of Action for the Elimination of Child Labour. It observes that the Secretariat of Labour organizes training daily on rights and duties at work in relation to children and young persons and their legal representatives, and that, between January 2009 and April 2010, these workshops were attended by 2,528 participants. The Committee also notes that the labour inspectorate carries out regular inspections of enterprises which employ children at the average rate of eight inspections a month. The Committee further notes the Government’s indication that Honduras has made significant progress towards the formulation of a roadmap to ensure that it is a country free of child labour and its worst forms, the strategic national framework based on the achievement of the objectives set out Decent Work in the Americas: An agenda for the Hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020.
The Committee notes the indication in the Government’s report that a “child labour” module has now been integrated into household surveys. It notes the results of the 2010 household survey carried out by the National Institute of Statistics (INE), which are accessible on its website. According to the survey, 14.3 per cent of children and young persons between the ages of 5 and 17 years are engaged in an economic activity in the country, the great majority of whom live in rural areas (75.3 per cent). The Committee also notes that, according to UNICEF 2009 statistics, 16 per cent of children between the ages of 5 and 14 years work in the country. While noting the Government’s efforts, the Committee must express its concern at the large number of children who work and who are below the minimum age for admission to employment or work, and it urges the Government to intensify its efforts to ensure the progressive elimination of child labour. In this respect, it requests the Government to continue providing information on the results achieved through the implementation of the National Plan of Action for the Gradual and Progressive Elimination of Child Labour in Honduras (2008–15) and to provide information on the measures that are adopted following the formulation of the roadmap for the abolition of child labour by 2020. The Committee also requests the Government to continue providing information on the manner in which the Convention is applied in practice, based in particular on statistics on the employment of children under 14 years of age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the sanctions imposed.
Article 2(1) and (4). Scope of application. The Committee previously noted that, under the terms of section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work if they consider it indispensable in order to provide for their subsistence or that of their parents or brothers and sisters, and provided that it does not prevent them from following compulsory schooling. Furthermore, under the terms of section 2(1), agricultural and stock-raising undertakings that do not permanently employ more than ten workers are excluded from the scope of the Labour Code. It also noted that the Regulations on child labour of 2001, in accordance with sections 4–6, only apply to contractual labour relations. The Government indicated in this respect that a draft revision of the Labour Code had been prepared which contained provisions to bring the national labour legislation into conformity with the international Conventions ratified by Honduras, and therefore to harmonize the provisions of the Labour Code and the Regulations on child labour of 2001 with the Code for Children and Young Persons of 1996. The draft text would also allow the application of the provisions on the minimum age for admission to employment to all children, whether they are engaged under an employment contract or work on their own account. The Committee observed that the majority of children under 14 years of age work in agriculture, forestry, hunting and fishing.
The Committee notes with regret that the Government’s report does not contain information on the situation regarding the legislative process for the adoption of the draft revision of the Labour Code. The Committee recalls that, under the terms of Article 2(1) of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the exemptions set out Articles 4–8 of the Convention. It also recalls that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not they are performed within the framework of an employment relationship or a labour contract, and whether or not the employment or work is paid. Observing that Honduras ratified the Convention over 30 years ago and that the question of the revision of the Labour Code has been raised for a number of years, the Committee urges the Government to take the necessary measures to ensure that no young person under 14 years of age is permitted to work and to ensure that the protection afforded by the Convention also applies to children who work in agricultural and stock-raising undertakings which do not permanently employ more than ten workers and to those who work on their own account. It once again requests the Government to provide information on any progress achieved in this respect.
Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, although the net school enrolment rate at the primary level was relatively good, the net school attendance rate at secondary school remained low. It noted that, according to the information contained in the report of January 2008 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase III)”, the objectives of the Education for All Plan in 2015 will not be achieved. It nevertheless noted that a preliminary draft of the General Education Act, which is to replace the Consolidated Act of 1966, has been submitted to the Directorate of Education. The new legislation would, among other provisions, establish that school is compulsory and free of charge for ten years, namely one year of pre-school and nine years of primary education. The Committee also noted that education is one of the components of the implementation of the National Plan of Action for the Elimination of Child Labour in Honduras through the specific objective of promoting access to education and ensuring school attendance.
The Committee notes that the Government’s report does not provide any information on progress in relation to the envisaged reform of the Consolidated Act of 1966. The Committee observes that, according to UNICEF statistics for 2009, the net school attendance rate for primary education is relatively good, at 80 per cent for girls and 76 per cent for boys, but remains fairly low at the secondary level with only 36 per cent of girls and 29 per cent of boys attending this level of education. It also notes that, according to the UNESCO Education for All Global Monitoring Report 2011, entitled “The hidden crisis: Armed conflict and education”, although the school enrolment rate in secondary education has increased generally in the countries of Latin America and the Caribbean over recent years, the school enrolment rate at the secondary level in Honduras remains relatively low. Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again firmly requests the Government to intensify its efforts to improve the operation of the education system with a view to increasing school attendance rates among children under 14 years of age in compulsory basic education, and requests it to provide information on the measures adopted in this respect, particularly in the context of the National Plan of Action for the Gradual and Progressive Elimination of Child Labour in Honduras (2008–15). The Committee also expresses the firm hope that the preliminary draft General Education Act will be adopted in the near future and that it will contain provisions guaranteeing compulsory schooling up to the age of 14. It requests the Government to provide a copy of the Act once it has been adopted.
Article 3(3). Hazardous work from the age of 16 years. With reference to its previous comments, the Committee notes the Government’s indication that, under the terms of section 122(3) of the Code for Children and Young Persons of 1996, young persons may be authorized to perform hazardous types of work from the age of 16 years provided that certain conditions are respected, namely that the young person has completed her or his technical education at the Technical Vocational Training Institute or a specialized technical institute covered by the Secretariat for Public Education. The Secretariat for Labour is also under the obligation to ascertain that the work assigned can be performed without prejudicing the health of the young person.

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, in its concluding observations on the third periodic report by the Government in February 2007, the Committee on the Rights of the Child expressed concern at: the lack of funds allocated for the implementation of the National Plan of Action for the Prevention and Gradual and Progressive Elimination of Child Labour; the large number of children, especially in rural areas and among indigenous peoples, working under exploitative conditions, including children engaged in deep sea fishing in Puerto Lempira; and young persons between 14 and 17 years of age working in mines (CRC/C/HND/CO/3, paragraph 72). The Committee however noted that a new national plan of action for the prevention and gradual and progressive elimination of child labour, which would be closely linked to the worst forms of child labour, was under preparation. It strongly encouraged the Government to redouble its efforts to combat child labour and requested it to provide information on the implementation of the new national plan of action.

The Committee notes that the Government has not provided information in its report. The Committee notes that the Government signed a third Memorandum of Understanding (MoU) with ILO–IPEC in July 2007. Moreover, it notes with interest the information provided by the Government in its report under Convention No. 182 that the National Commission for the Gradual and Progressive Elimination of Child Labour (CNEGPTE) has developed a second National Plan of Action for the Gradual and Progressive Elimination of Child Labour in Honduras (2008–15) (National Plan of Action for the Elimination of Child Labour (2008–15)). The objective of this second plan of action is to determine the appropriate measures which governmental institutions, with the participation of civil society and international cooperation, should take to prevent and eliminate child labour. The Committee further notes that, according to an ILO–IPEC report of January 2008 on the project for the “Elimination of Child Labour in Latin America Third Phase” (ILO–IPEC report of January 2008), a programme of action has recently been launched with the objective of contributing to preventing and removing indigenous girls, boys and young persons from child labour. The Committee further notes that the Government signed a tripartite agreement in August 2007 relating to the adoption of the Decent Work Country Programme, which takes child labour into account. However, the Committee notes that, according to the 2006 statistics contained in a CNEGPTE document on the second National Plan of Action for the Elimination of Child Labour (2008–15), 299,916 girls, boys and young persons aged between 5 and 17 years were economically active. Of this number, 21.51 per cent were girls and 78.49 per cent were boys. Moreover, 72 per cent of the children engaged in work live in rural areas, and 28 per cent in urban areas. Children work principally in agriculture, forestry, fishing and domestic work (56.2 per cent); businesses, hotels and restaurants (24.4 per cent); manufacturing (8.2 per cent); construction (3 per cent); and transport, shops and distribution (1 per cent).

The Committee expresses appreciation of the measures adopted by the Government for the abolition of child labour and considers these measures as an affirmation of its political will to develop strategies to combat the problem. The Committee however expresses concern at the persistence of child labour in practice. It therefore firmly requests the Government to continue its efforts for the abolition of child labour. In this respect, the Committee requests the Government to provide information on the measures that are taken in the context of the second National Plan of Action for the Elimination of Child Labour (2008–15), and particularly the programmes of action that are implemented, and of the Decent Work Country Programme, with a view to the progressive abolition of child labour. It requests the Government to provide information on the results achieved. The Committee also invites the Government to provide information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services, and particularly inspections in the sectors referred to above.

Article 2, paragraph 1. Scope of application. The Committee has observed previously that it would be necessary to amend section 2(1) of the Labour Code, which excludes from its scope agricultural and stock-raising undertakings that do not permanently employ more than ten workers, so that the minimum age provisions contained in the Labour Code apply to this category of workers. In this respect, the Committee notes the Government’s indication that the draft revision of the Labour Code contains provisions to bring national labour legislation into conformity with the international Conventions ratified by Honduras, and accordingly to harmonize the provisions of the Labour Code and the Regulations on Child Labour of 2001 with the Code for Children and Young Persons of 1996. This should ensure that the provisions relating to the minimum age for admission to work apply to children working under an employment contract or on their own account. Furthermore, the Committee notes the statistics contained in the national report on child labour in Honduras of 2002, according to which 54.3 per cent of children between the ages of 5 and 9 years and 59.8 per cent of those aged between 10 and 14 years worked in agriculture, forestry, hunting and fishing. Furthermore, 6.2 per cent of children between the ages of 5 and 17 years worked on their own account in urban areas and 7 per cent in rural areas. The Committee notes that the Government’s report does not contain any information on this subject. Recalling once again that it has been raising this issue for a number of years, and taking into account the worrying statistics referred to above, the Committee expresses the firm hope that the draft revision of the Labour Code will be adopted as soon as possible and that it will contain provisions guaranteeing the protection provided for by the Convention in respect of children working in agricultural and stock-raising undertakings that do not permanently employ more than ten workers. It requests the Government to provide information in this respect. Furthermore, the Committee asks the Government to envisage the possibility of adapting and strengthening the labour inspection services so as to ensure the application of this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that, in its concluding observations on the Government’s third periodic report in February 2007, the Committee on the Rights of the Child expressed concerned at the high percentage of children who do not attend school (CRC/C/HND/CO/3, paragraph 72). The Committee notes that, according to UNICEF statistics for 2006, the net school attendance rate in primary education is 80 per cent for girls and 77 per cent for boys, and that the rate for secondary education is 36 per cent for girls and 29 per cent for boys. It also notes the information contained in the ILO–IPEC report of January 2008 that the objectives of the plan for Education for All by 2015 will not be achieved. However, the Committee notes that, according to the ILO–IPEC report of January 2008, a preliminary draft of a General Education Act, to replace the Framework Act of 1966, has been submitted to the Directorate of Education. The new law, among other measures, establishes compulsory and free schooling for ten years, consisting of one year of pre-school and nine years of primary schooling. The Committee further notes that, according to the ILO–IPEC report of January 2008, the programme of action for the elimination of child labour in the fireworks industry directly benefitted 770 girls and boys, who have been integrated into the formal education system.

While noting that the net school attendance rate at the primary level is relatively good, the Committee expresses concern at the fact that the country will not achieve the objectives for Education for All in 2015. It also expresses concern at the low rate of net school attendance at secondary school. It observes that poverty is one of the primary causes of child labour and that, when combined with a defective education system, it hinders the development of children. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to redouble its efforts to improve the operation of the education system in the country and to take measures to enable children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted to increase the school attendance rate, at both primary and secondary school, with a view to preventing children under 14 years of age from being engaged in work. The Committee requests the Government to provide information on the results achieved. Finally, the Committee once again requests the Government to provide a copy of the General Education Act once it has been adopted.

Article 2, paragraph 4. Minimum age for admission to employment or work. The Committee noted previously that under section 120(2) of the Code for Children and Young Persons of 1996, a minor under 14 years of age may not, under any circumstances, be permitted to work. It also noted that under section 32(1) of the Labour Code, young persons under 14 years and those having reached this age who are still engaged in compulsory education are not allowed to work. However, it noted that, under section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work if they consider that it is indispensible to provide for their subsistence or that of their parents or their brothers and sisters, and provided that it does not prevent them from following compulsory schooling. The Committee reminded the Government that, under Article 2, paragraph 1, of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the derogations envisaged in Articles 4 to 8 of the Convention. Noting that the Government’s report does not contain any information on this subject, the Committee once again expresses the firm hope that, in the context of the revision of the Labour Code, the Government will take into account the above comments. It requests the Government to provide information on the measures adopted or envisaged to ensure that no minor under 14 years of age is authorized to work in any sector of economic activity.

Article 3, paragraph 2. Determination of hazardous types of work. Further to its previous comments, the Committee notes with satisfaction the adoption of Agreement No. STSS-097-2008 of 12 May 2008 amending section 8 of the Child Labour Regulations and adopting a detailed list of types of hazardous work that are prohibited for persons under 18 years of age. It also notes that this Agreement was adopted in consultation with the organizations of employers and workers. Furthermore, the Committee notes that the Agreement provides that the list of hazardous types of work shall be revised and updated every three years.

Article 3, paragraph 3. Hazardous work from the age of 16 years. In its previous comments, the Committee noted that, under section 122(3) of the Code for Children and Young Persons of 1996, young persons between 16 and 18 years of age may be permitted to perform hazardous types of work, as enumerated in the list contained in section 122(2) of the Code, if so approved for this purpose by technical studies undertaken by the National Vocational Training Institute or a specialized technical institute under the responsibility of the Secretariat of State for Public Education. In this respect, the Government indicated that the Department of Labour and Social Security examines the technical studies with a view to certifying that the workloads associated with the tasks in question can be performed by young persons between 16 and 18 years of age and that occupational safety measures are adopted in order to minimize the dangers to their health and safety. The Government added that the use of the term “could” in section 122 of the Code for Children and Young Persons means that a work permit for a young person over 16 years of age may only be granted in cases in which, in the view of the Department of Labour and Social Security, the work would not prejudice the young person. Moreover, for work to be permitted by a young person, the latter must attend school. While taking due note of the information provided by the Government, the Committee recalled that, in accordance with Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee notes that the Government has not provided information on this subject. In view of the fact that, according to the statistics contained in the national report on child labour in the Honduras of 2002, a large number of children still work in hazardous activities, the Committee once again requests the Government to take the necessary measures to ensure that, where a young person of 16 years of age is permitted to perform hazardous types of work, the conditions set forth in this provision of the Convention are observed. It requests the Government to provide information in this respect and to indicate the number of work permits granted by the Department of Labour and Social Security to young persons between the ages of 16 and 18 years.

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

The Committee notes the Government’s report and the attached documentation. It also notes the detailed observations made by the Honduran Council for Private Enterprise (COHEP).

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted that it would be necessary to amend section 2(1) of the Labour Code, which excludes from its scope agricultural and stock-raising undertakings that do not permanently employ more than ten workers, so that the minimum age provisions contained in the Labour Code apply to this category of workers. In this respect, it noted the Government’s indications that the draft revision of the Labour Code contained provisions which would bring the national labour legislation into conformity with the international Conventions ratified by Honduras, thereby harmonizing the provisions of the Labour Code and the 2001 Child Labour Regulations with those of the 1996 Code for Children and Young Persons. This would give effect to the provisions respecting the minimum age for admission to work to young persons working under a contract of employment or on their own account. The Committee also noted certain statistics contained in the national report on child labour in Honduras of 2002, according to which 54.3 per cent of children between 5 and 9 years of age and 59.8 per cent of those between 10 and 14 years of age work in agriculture, forestry, hunting and fisheries. In addition, 6.2 per cent of children between 5 and 17 years of age in urban areas and 7 per cent in rural areas work on their own account. The Committee hoped that the draft revision of the Labour Code would be adopted in the near future.

The Committee notes the Government’s indications that, although the draft revision of the Labour Code has still not been adopted, it is one of the Government’s priorities and that it will examine the possibility of including the Committee’s recommendations. Observing that it has been raising this matter for a number of years, and in view of the worrying statistics referred to above, the Committee expresses the firm hope that the draft revision of the Labour Code will be adopted in the near future and that it will contain provisions guaranteeing the protection afforded by the Convention to children who work in agricultural and stock-raising undertakings that do not permanently employ more than ten workers.

Article 2, paragraph 4. Minimum age for admission to employment or work. In its previous comments, the Committee noted that, under section 120(2) of the Code for Children and Young Persons of 1996, a minor under 14 years of age may not, under any circumstances, be permitted to work. The Committee also noted that, under section 32(1) of the Labour Code, young persons under 14 years of age and those having reached this age who are still engaged in compulsory education are not allowed to work. However, it noted that, under section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work if they consider that it is indispensable for ensuring their subsistence or that of their parents or their brothers and sisters, and provided that it does not prevent them from completing their compulsory schooling. The Government indicated that cultural practices in the country make child labour legitimate at an age that is well below the minimum age for admission to employment or work specified when the Convention was ratified, namely 14 years. The Committee also noted the measures adopted by the COHEP and the Chambers of Commerce to prohibit their members from employing boys and girls under 14 years of age and to prevent the access of children to the workplace, even with their parents. The Committee requested the Government to provide information on the measures adopted or envisaged to ensure that no minor under 14 years of age is permitted to work in any sector of economic activity.

In its report, the Government indicates that article 128(7) of the Constitution of Honduras provides that young persons under 16 years of age and those who have reached this age but are still subject to compulsory schooling may not be engaged in any work. It adds that section 119 of the Code for Children and Young Persons provides that child labour is subject to the provisions of article 128 of the Constitution. The Committee notes that section 120 of the Code for Children and Young Persons is in conformity with the age specified by the Government, namely 14 years. However, it observes that, in the same way as section 32(2) of the Labour Code, article 128(7) of the Constitution provides that the authorities responsible for labour may permit young persons of 16 years of age and less to work if they consider that it is indispensable for ensuring their subsistence or that of their parents or of their brothers and sisters, and provided that it does not prevent them from completing their compulsory education. The Committee reminds the Government that, under Article 2, paragraph 1, of the Convention, no one under the age specified shall be admitted to employment or work in any occupation, subject to the derogations envisaged in Articles 4 to 8 of the Convention. The Committee expresses the firm hope that, in the context of the revision of the Labour Code, the Government will take into account the above comments and it requests the Government to provide information on the measures adopted or envisaged to ensure that no minor under 14 years of age is permitted to work in any sector of economic activity.

Article 3, paragraph 3. Hazardous work from the age of 16 years. The Committee noted previously that, under section 122(3) of the Code for Children and Young Persons of 1996, young persons between 16 and 18 years of age may be permitted to perform hazardous types of work, as listed in section 122(2) of the Code, if so approved by technical studies undertaken by the National Vocational Training Institute or a specialized technical institute under the responsibility of the Secretariat of State for Public Education. The Committee noted the Government’s indication that the Department of Labour and Social Security examines the technical studies with a view to certifying that the workloads associated with the tasks in question can be performed by young persons between 16 and 18 years of age and that occupational safety measures are adopted in order to minimize the dangers to their health and safety. The Committee requested the Government to provide information on the number of permits granted by the Department of Labour and Social Security to young persons between 16 and 18 years of age.

In its report, the Government indicates that the use of the term “could” in section 122 of the Code for Children and Young Persons means that a work permit for a young person over 16 years of age may only be granted in cases in which, in the view of the Department of Labour and Social Security, the work would not prejudice the young person. The Government adds that for work to be permitted by a young person, the latter must attend school. While taking due note of the information provided by the Government, the Committee reminds the Government that, under Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In view of the fact that, according to the statistics contained in the national report on child labour in Honduras of 2002, a large number of children still work in hazardous activities, the Committee requests the Government to take the necessary measures to ensure that, where a young person of 16 years of age is permitted to perform hazardous types of work, the conditions set out in this provision of the Convention are observed. It once again requests the Government to provide information on the number of work permits granted by the Department of Labour and Social Security to young persons between 16 and 18 years of age.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the 2003 statistics provided by the Government, according to which 255,972 children between the ages of 5 and 17 years were engaged in an economic activity, with 65.4 per cent of them being in rural areas and 34.6 per cent in urban areas. It also noted the measures adopted by the Government to combat child labour, including the adoption of the National Action Plan on the prevention and gradual and progressive elimination of child labour and the implementation of various programmes of action in collaboration with ILO/IPEC.

In this respect, the Committee notes that a new plan for the prevention and gradual and progressive elimination of child labour is currently being developed and will be closely linked to the worst forms of child labour. It further notes that the country is collaborating with ILO/IPEC, particularly for the elimination of the worst forms of child labour. The Committee also notes the information provided by the COHEP concerning its programme of monthly grants for students, particularly with a view to reducing the school drop-out rate. Furthermore, the COHEP has supported the ILO/IPEC project for the elimination of child labour in the firework sector and has given instructions to all enterprises in the formal economy not to employ children under 14 years of age.

However, the Committee notes that, in its concluding observations on the third periodic report by the Government in February 2007, the Committee on the Rights of the Child expressed concern at: the lack of funds allocated for the implementation of the National Plan of Action for the prevention and gradual and progressive elimination of child labour; the large number of children, especially in rural areas and among the indigenous people, working in exploitative conditions, including children engaged in deep sea fishing in Puerto Lempira; young persons between 14 and 17 years of age working in mines; and the high percentage of children who do not attend school (CRC/C/HND/CO/3, paragraph 72). While noting the efforts made by the Government to combat child labour, the Committee expresses serious concern at the situation of children under 14 years of age compelled to work in the country. It therefore strongly encourages the Government to renew its efforts to combat child labour and requests it to take the necessary measures, including the allocation of additional resources, for the implementation of the new National Plan. In this respect, the Committee requests the Government to provide information on the implementation of this National Plan and the programmes of action which will be established in this context, as well as on the results achieved in terms of the progressive abolition of child labour and in the field of school attendance.

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

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted that it would be necessary to amend section 2(1) of the Labour Code, which excludes from its scope agricultural and stockbreeding undertakings that do not permanently employ more than ten workers, so that the minimum age provisions contained in the Labour Code apply to this category of workers in agriculture and stockbreeding. However, the Committee noted that although section 284 of the 1996 Code concerning Children and Young Persons repealed certain provisions of the Labour Code, section 2(1) of the Labour Code concerning the exclusion of agricultural and stockbreeding undertakings not permanently employing more than ten workers is still in force. The Committee also indicated that, by virtue of sections 4 to 6, the 2001 Child Labour Regulations only apply to contractual labour relations.

The Committee notes the Government’s statement that the planned revision of the Labour Code is intended to bring it into line with the international Conventions ratified by Honduras and to harmonize the provisions of the Labour Code and the 2001 Child Labour Regulations with those of the 1996 Code concerning Children and Young Persons, so as to apply the provisions concerning the minimum age for admission to employment or work to all children, whether working under a contract of employment or on their own account. The Committee also notes the Government’s statement that young persons performing an economic activity in agriculture start working at about 16 years of age. However, it notes that the statistics in the national report on child labour in Honduras, undertaken by the National Institute of Statistics and ILO/IPEC and published in September 2003, indicate that 54.3 per cent of children between 5 and 9 years of age and 59.8 per cent of those between 10 and 14 years of age work in agriculture, forestry, hunting and fisheries. In addition, according to these statistics, 6.2 per cent of children between 5 and 17 years of age in urban areas and 7 per cent in rural areas work on their own account. In view of these worrying statistics, the Committee expresses its firm hope that the draft revision of the Labour Code will be adopted in the near future and that it will take account of the comments made above.

Article 2, paragraph 4. Minimum age for admission to employment or work. The Committee noted previously that, under section 119 of the 1996 Code concerning Children and Young Persons, work by children is subject to authorization by the Departments of Labour and Social Security of the Secretariat of State. Under section 120(2) of the Code concerning Children and Young Persons, a minor under 14 years of age may not under any circumstances be permitted to work. The Committee also noted that under section 32(1) of the Labour Code, young persons under 14 years of age and those having reached this age who are still engaged in compulsory education are not allowed to work. However, it noted that under section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work, if they consider that it is indispensable for ensuring their subsistence or that of their parents or brothers and sisters, and provided that it does not prevent them from completing their compulsory schooling. The Government indicated that cultural practices in the country make child labour legitimate at an age that is well below the minimum age for admission to employment or to work specified when the Convention was ratified, namely 14 years.

The Committee notes the Government’s statement that the Honduran Council for Private Enterprise and the chambers of commerce have indicated to their members that they must not employ boys or girls under 14 years of age. Furthermore, they must not allow children access to the workplace, even with their parents. The Committee notes the declaration of the Honduran Council for Private Enterprise relating to entrepreneurs and their fight against child labour. Under this declaration, certain enterprises have adopted internal guidelines in order to prohibit the work of children under 17 or 18 years of age and ban access to the workplace in the maquiladoras, melon, sugar, tobacco, powder, fisheries and bus conducting sectors. It notes, however, that the statistics contained in the national report on child labour in Honduras undertaken by the National Institute of Statistics and ILO/IPEC indicate that 35.5 per cent of children between 5 and 9 years of age and 27.3 per cent of those between 10 and 14 years of age work in shops, hotels and restaurants; that 8.5 per cent of children between 5 and 9 years of age and 6.9 per cent of those between 10 and 14 years of age work in manufacturing industries; and that 1.5 per cent of children between 5 and 9 years of age and 1.4 per cent of those between 10 and 14 years of age work in the construction industry. The Committee notes that these sectors of economic activity are not covered by the declaration of the Honduran Council for Private Enterprise. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure the application of the Convention by providing that no authorization shall be granted to any person under 14 years of age to work in any sector of economic activity, including those sectors not covered by the declaration of the Honduran Council for Private Enterprise.

Article 3, paragraphs 1 and 2. Prohibition of the types of hazardous work for persons under 18 years of age. Further to its previous comments, the Committee notes with interest that section 122 of the 1996 Code concerning Children and Young Persons sets out a list of substances and environments establishing the types of hazardous work that must be prohibited for young persons under 18 years of age. It also notes that the prohibition on the performance of hazardous work applies to activities carried out in the context of an apprenticeship or vocational training programme.

Article 3, paragraph 3. Hazardous work from the age of 16 years. In its previous comments the Committee noted that, under section 122(3) of the 1996 Code concerning Children and Young Persons, young persons between 16 and 18 years of age may be permitted to perform types of hazardous work, as listed in section 122(2) of the Code, if approved by technical studies undertaken by the National Vocational Training Institute or a specialized technical institute under the responsibility of the Secretariat of State for Public Education. The Committee notes the Government’s statement that the Department of Labour and Social Security examines the technical studies with a view to certifying that the workloads associated with the tasks in question can be performed by young persons between 16 and 18 years of age and that occupational safety measures are taken in order to minimize the dangers to their health and safety. The Committee requests the Government to provide statistical information on the number of work permits granted by the Department of Labour and Social Security to young persons between 16 and 18 years of age.

Article 9, paragraph 3. Employers’ registers. Further to its previous comments, the Committee notes the Government’s statement that the visits made in 2002 and 2003 by the inspectors of the Programme on the Gradual and Progressive Elimination of Child Labour revealed that employers occupying young persons who are permitted to work do not have a register, as provided for by section 126 of the 1996 Code concerning Children and Young Persons. The inspectors were therefore obliged to encourage human resources managers to keep such registers for the inspectors. The Committee requests the Government to indicate whether, on their subsequent visits, the inspectors were able to observe that their recommendations had been followed and that employers recruiting young persons are keeping a register containing certain information, such as the age, name and home address of such persons.

Part V of the report form. Application of the Convention in practice. Referring to its general observation of 2003, in which it noted that the application of the Convention was still frequently experiencing serious difficulties in practice, the Committee notes the statistical information communicated by the Government in its report, which are taken from the national report on child labour in Honduras undertaken by the National Institute of Statistics and ILO/IPEC. According to the statistical information in this report for the period May-July 2002, a total of 367,405 boys and girls between 5 and 17 years of age were working or looking for work. Of these, a total of  356,241 - of whom 73.6 per cent were boys and 26.4 per cent were girls - were engaged in an economic activity. According to the report, child labour predominates in rural areas, where 69.2 per cent of boys and girls between 5 and 17 years of age work, while 30.8 per cent of girls and boys in the same age group in urban areas work. Still according to the study, 2 per cent of children between 5 and 9 years of age were working; 16.9 per cent of those between 10 and 14 years of age were working; and 40.5 per cent of young persons between 14 and 17 years of age were working. In addition, 56.2 per cent of children between 5 and 17 years of age work in agriculture, forestry, hunting and fisheries; 24.4 per cent in shops, hotels and restaurants; 8.2 per cent in manufacturing; and 11.2 per cent in mines and quarries, electricity, gas and water, construction, transport, finance and services. According to statistical data for 2003, a total of 255,972 children between 5 and 17 years of age were working, i.e. 9.9 per cent of the child population. Child labour for the same age group in rural areas had decreased slightly, with 65.4 per cent performing an economic activity, while the percentage of child workers in urban areas had increased to 34.6 per cent.

The Committee notes that the National Committee on the Gradual and Progressive Elimination of Child Labour is composed of 21 bodies, including representatives of governments, employers’ and workers’ organizations and civil society, such as the NGOs Save the Children and Casa Alianza. In addition, ILO/IPEC and UNICEF may participate in the meetings of the National Committee. The Committee also notes the general report concerning the National Action Plan on the gradual and progressive elimination of child labour, which is being revised by the National Committee. The Committee observes moreover that the Memorandum of Understanding (MOU) signed with ILO/IPEC in 2002 provides for promoting the systematic incorporation of measures relating to the prevention and progressive elimination of child labour and to the protection of young people in the national action programmes and policies adopted by the Government. Finally, the Committee notes the project concerning the elimination of child labour at traffic lights and takeaway food outlets on the boulevards of Tegucigalpa and Comayaguela. According to National Committee report No. 7-2003 on this project, of 300 child workers, 150 boys and girls have been integrated into the regular education system and 150 have had access facilitated to the education system.

The Committee notes that the Government is working intensively on the elimination of child labour. However, the Committee is once again deeply concerned by the situation of children under the age of 14 years in Honduras who are compelled to work out of personal necessity. Indeed, in the light of the statistical data quoted above, the application of the legislation on child labour appears difficult to achieve in practice. It therefore strongly encourages the Government to renew its efforts to make progressive improvements to the situation.

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

The Committee notes the information provided by the Government in its reports. Furthermore, it notes with interest that on 25 October 2001 Honduras ratified the Worst Forms of Child Labour Convention, 1991 (No. 182), and that it signed a Memorandum of Understanding (MOU) with ILO/IPEC on 5 July 2002.

Article 1 of the Convention. The Committee notes that a National Commission for the Elimination of Child Labour was established by Decree No. PCM-017-98. It also notes that a national plan of action for the gradual and progressive elimination of child labour has been adopted. The Committee requests the Government to provide information on the activities of the National Commission and to provide a copy of Decree No. PCM-017-98 and of the national action plan.

Article 2. 1. Scope of application of the Convention. In its previous comments, the Committee noted that it would be necessary to amend section 2(1) of the Labour Code, which excludes from its scope agricultural and stockraising enterprises that do not permanently employ more than ten workers, so that the minimum age provisions contained in the Labour Code apply to this category of workers in agriculture and stockraising. The Committee notes with interest that, under the terms of section 119, the Code of Children and Young Persons of 1996 applies to all paid economic activities, as well as work carried out by children on their own account.

However, the Committee notes that, although section 284 of the Code of Children and Young Persons repealed certain provisions of the Labour Code, section 2(1) of the Labour Code respecting the exclusion of agricultural and stockraising enterprises not permanently employing more than ten workers is still in force. The Committee also notes that, by virtue of sections 4 to 6, the Regulations on child labour of 2001 only apply to contractual labour relations. The Committee requests the Government to take the necessary measures to bring the provisions of the Labour Code and the Regulations on child labour of 2001 into line with those of the Code of Children and Young Persons of 1996 so as to give effect to the provisions concerning the minimum age for admission to employment or work in respect of all children, whether they work under a contract of employment or on their own account.

2. Minimum age for admission to employment or work. By virtue of section 199 of the Code of Children and Young Persons of 1996, work by children is subject to authorization by the Departments of Labour and Social Security of the Secretariat of State. Under the terms of section 120(2) of the Code of Children and Young Persons, a young person under 14 years of age may not in any event be permitted to work. The Committee notes that under section 32(1) of the Labour Code, young persons under 14 years of age and those who have reached this age who are still engaged in compulsory education cannot carry out a job. However, it notes that under section 32(2) of the Labour Code, the authorities responsible for supervising work by persons under 14 years of age may permit them to work, where they consider that it is indispensable to ensure their subsistence or that of their parents or brothers and sisters, and provided that it does not prevent them from completing their compulsory schooling. In its report in 2002, the Government states that cultural practices in the country make child labour legitimate at an age that is well below the minimum age for admission to employment or work specified when ratifying the Convention, namely 14 years. It adds that one example of this legitimacy lies in the fact that the national statistics on the economically active population are compiled as from the age of ten for both sexes. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure the application of the Convention by providing that no authorization to work shall be granted to any person under 14 years of age.

Article 3. 1. Prohibition of hazardous work for persons under 18 years of age. Further to its previous comments, the Committee notes with interest that section 122 of the Code of Children and Young Persons of 1996 sets out a list of substances and environments establishing the hazardous types of work that must be prohibited for young persons under 18 years of age. It also notes that the prohibition from performing dangerous types of work applies to activities carried out in the context of an apprenticeship or vocational training programme.

2. Hazardous work from the age of 16 years. The Committee notes that, under section 122(3) of the Code of Children and Young Persons of 1996, young persons between 16 and 18 years of age may be permitted to perform hazardous types of work, as enumerated in the list contained in section 122(2) of the Code, where it is demonstrated that technical studies have been carried out by the National Institute of Vocational Training or a specialized technical institute under the responsibility of the Secretariat of State for Public Education. Under the terms of this provision, the Departments of Labour and of Social Security of the Secretariat of State shall ascertain, for each permit, that the work performed is not hazardous to the health or safety of the young person. The Committee also notes that section 123 of the above Code prohibits work that is likely to jeopardize the morals of persons under 18 years of age. It requests the Government to provide information on the application in practice of section 122(3) of the Code of Children and Young Persons, with an indication of the number of work permits granted to young persons between 16 and 18 years of age.

Article 9, paragraph 3. Further to its previous comments, the Committee notes with interest that, in accordance with this provision of the Convention, section 126 of the Code of Children and Young Persons of 1996 provides that all employers recruiting young persons shall keep a register containing certain information, including the age, name and home address of such persons.

Part V of the report form. The Committee notes the information provided by the Government in its report in 2000, according to which a study on child labour in Honduras, undertaken by UNICEF, the Honduran Institute of Children and Young Persons and the Secretariat of Labour and Social Security, indicates that around 358,877 children and young persons work, in both the formal and informal sectors. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of the contraventions reported.

In its previous comments, the Committee noted that a Bill, of which a copy was attached to the Government’s report, was to be submitted for approval to the National Congress with a view to making the necessary amendments to the Labour Code to bring it into conformity with the requirements of the Convention. The Committee requests the Government to provide information on this Bill to revise the Labour Code, particularly with regard to its harmonization with the Code of Children and Young Persons of 1996 and the Regulations on child labour of 2001.

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

With reference to the comments it previously made, the Committee notes with satisfaction the adoption of the Childhood and Adolescence Code in 1996, and the Child Labour Regulation in 2001. The Committee also notes with interest that this new Code responds to several points raised by the Committee previously.

The Committee is also addressing a direct request to the Government on other detailed points.

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

Further to its previous comments, the Committee notes the ample information supplied by the Government, including a copy of the Health Code (Decree No. 65/91). It notes in particular the Government's indication that the draft Bill, of which a copy is attached to the report, has been prepared to be submitted to the National Congress for approval to introduce the necessary amendments to the Labour Code in order to bring it into conformity with the requirements of the Convention. The Committee therefore hopes that the necessary action will soon be taken in this connection and the revised Code will give full effect to the Convention, in particular on the following points raised in its previous direct request.

Article 2 of the Convention. The Committee noted previously that it would be necessary to amend section 2, subsection 1, of the Labour Code which excludes from its scope agricultural and stockbreeding undertakings that do not permanently employ more than ten workers so as to apply the minimum age provisions under sections 32 and 33 of the Code to this group of agricultural workers. It also pointed out that the Convention requires that the minimum age of admission to work or employment also applies to work done by young persons outside an employment relationship, for instance in performing work on their own account. The Committee notes the Government's indication that the envisaged reform of the Labour Code is so wide that it would also apply to agricultural workers, cattle-raising and also to work performed on the worker's own account. Noting the attached copy of the draft Bill does not include general provisions concerning its scope, it requests the Government to supply the relevant copy and information on the progress made in this reform.

Article 3. The Committee notes that under section 122 of the draft Bill, it is forbidden for minors under 18 years of age to perform the jobs that are defined as dangerous to their health, safety or morality by the Labour Code, the Health Code or regulations made by the Secretariat of Labour and Social Procedure. The Committee hopes that such provisions will be adopted soon including the list of jobs that are thus prohibited.

Article 7. The Committee recalls that the provisions of section 32, subsection 2, of the present Labour Code concerning the possibility of authorizing the work of children under 14 years were not in conformity with the requirements of the Convention on several points, i.e. children from the age of 12 (Article 7(4) of the Convention), and to light work that is not likely to be harmful to their health or development and which is not likely to prejudice their schooling (Article 7(1)) and the competent authority should prescribe the number of hours and the conditions of their employment (Article 7(3)). The Committee notes that the provisions of section 119 of the draft Bill respond to these requirements. It however points out that Article 7(3) also provides that the activities that may be considered as such light work should be determined by the competent authority. The Committee therefore requests the Government to take measures to give effect to this provision as well.

Article 9, paragraph 3. The Committee also notes that it is envisaged to amend section 131 of the Labour Code, which provides for the keeping of registers of young persons under 16 years of age, so as to bring it in line with the Convention which requires the keeping of this register for young persons under 18 years of age (draft Bill, section 124).

The Committee requests the Government to indicate any progress that has been made towards this reform of the Labour Code and to provide a copy of the Code when adopted.

As regards the draft Bill of the Childhood Code, of which a copy is also attached to the report, the Committee notes that some of its provisions differ from those of the above-mentioned draft Labour Code: for instance, section 121(2) prohibits any authorization of work for children under 14 years of age, while section 119 of the draft Labour Code fixes such limit at 12 years; section 123(3) of the Childhood Code allows exception to the prohibition of dangerous work from 16 years of age, which is not envisaged under the draft Labour Code according to the Government. The Committee requests the Government to indicate the developments in the discussion in the National Congress of this draft Bill of Childhood, and to clarify its relation between the above-mentioned reform of the Labour Code, with regard to the application of the Convention.

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

The Committee notes the ample information supplied in response to its general observation. It notes that reference is made to various statutory provisions from the Constitution of the Republic to decrees to the Social Security Act. As regards the draft Bills to reform the Labour Code and for the Childhood Code, the Committee is making comments in its direct request. It also notes with interest that the information supplied includes statistical data on the economically active starting from the age-group of 12-15, and also the numbers of permits granted to minors since June 1995. The Committee encourages the Government to continue to compile such data and to supply it together with further information on any measures taken or envisaged accordingly with regard to the application of the Convention.

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

With reference to its previous comments, the Committee notes the information supplied by the Government, and in particular the Government's indication that action has been initiated in cooperation with the ILO to introduce the necessary amendments to the Labour Code in order to bring it into conformity with the requirements of the Convention. The Committee therefore hopes that the necessary measures will be taken in this connection and the revised Code will give full effect to the Convention. It recalls, in this connection, its previous direct request which read as follows:

Article 2 of the Convention. According to the previous Government's report, the tripartite deliberations which took place in 1988 concluded that section 131 of the Labour Code should be amended in order to extend protective measures envisaged by sections 32 and 33 of the Code to young persons employed by agricultural and stockbreeding undertakings that do not permanently employ also more than ten workers. The Committee indicates, in this connection, that it would also be necessary to amend section 2, subsection 1, of the Labour Code so as to apply the minimum age provisions to this group of agricultural workers. The Commitee recalls that the Convention requires that the minimum age of admission to work or employment also applies to work done by young persons outside an employment relationship, for instance in performing work on their own account. It requests the Government to supply information on the measures that have been taken or are contemplated in this respect.

Article 3. The Committee notes that the deliberations agreed on the need to fix the minimum age at 18 years in respect of certain unhealthy or dangerous jobs or jobs regarded as prejudicial to morality or decency, and for a list of such jobs to be determined in co-operation with the organisations concerned. The Committee hopes that such provisions will be adopted soon and that they will also include the revisions of the corresponding sections of the Code (sections 129 and 134). The Committee recalls in this connection that the Convention allows exceptions to the general prohibition on employing young persons under the age of 18 years for young persons having reached the age of 16 years, on the condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 7. The Committee notes the position expressed during the tripartite deliberations that the Labour Code ensures sufficient protection to persons under the minimum age who have been authorised to work by the competent authority. It has to recall that under section 32, subsection 2, of the Labour Code, the authorities responsible for supervising the work of persons under the age of 14 years may authorise these persons to work if they consider that such employment is essential to the subsistence of the young persons themselves, their parents, brothers or sisters, and that it does not prevent them from obtaining the minimum requirements of compulsory education. This section does not meet all the requirements of the Convention providing that:

(a) the employment of young persons who have not reached the minimum specified age can only be authorised:

- from the age of 12, in the event of the country having specified a minimum age of 14 years (Article 7, para. 4, of the Convention);

- for light work that is not likely to be harmful to their health or development and which is not likely to prejudice their attendance at school or their training (Article 7, para. 1); and

(b) the competent authority shall determine the activities in which employment is authorised and shall prescribe the number of hours and the conditions of this employment (Article 7, para. 3).

The Committee therefore requests the Government to reconsider its position and to take the necessary measures to ensure that authorisations granted under section 32, subsection 2, of the Labour Code conform to the provisions of the Convention.

Article 9, paragraph 3. The Committee also notes that no consideration was given to the need to amend section 131 of the Labour Code, which provides for the keeping of registers of young persons under 16 years of age, whereas the Convention requires the keeping of this register for young persons under 18 years of age. The Committee requests the Government to re-examine this question and to indicate what measures have been taken or are contemplated to provide for the keeping of a register of persons of less than 18 years of age in accordance with the Convention.

The Government is requested to indicate whether the Health Code referred to in section 128 of the Labour Code has been adopted; and if so the Committee would appreciate receiving a copy of the Code.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's reply to its previous comments. It notes in particular the tripartite deliberations which took place in this connection in 1988.

Article 2 of the Convention. (a) The Government indicates in its report that the above-mentioned tripartite deliberations concluded that section 131 of the Labour Code should be amended in order to extend protective measures envisaged by sections 32 and 33 of the Code to young persons employed by agricultural and stockbreeding undertakings that do not permanently employ more than ten workers. Please indicate whether any measures have been undertaken to make the necessary amendments. The Committee notes, in this connection, that it will also be necessary to amend section 2, subsection 1, of the Labour Code so as to apply the minimum age provisions to this group of agricultural workers.

(b) The Committee trusts that attention will be given to the fact that the Convention requires that the minimum age of admission to work or employment also applies to work done by young persons outside an employment relationship, for instance in performing work on their own account. Please indicate what measures have been taken or are contemplated in this connection.

Article 3. The Committee notes that the deliberations agreed on the need to fix the minimum age at 18 years in respect of certain unhealthy or dangerous jobs or jobs regarded as prejudicial to morality or decency, and for a list of such jobs to be determined in co-operation with the organisations concerned. The Committee hopes that such provisions will be adopted soon and that they will also include the revisions of the corresponding sections of the Code (sections 129 and 134). The Committee recalls in this connection that the Convention allows exceptions to the general prohibition on employing young persons under the age of 18 years for young persons having reached the age of 16 years, on the condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 7. The Committee notes the position expressed during the tripartite deliberations that the Labour Code ensures sufficient protection to persons under the minimum age who have been authorised to work by the competent authority. It has to recall that under section 32, subsection 2, of the Labour Code, the authorities responsible for supervising the work of persons under the age of 14 years may authorise these persons to work if they consider that such employment is essential to the subsistence of the young persons themselves, their parents, brothers or sisters, and that it does not prevent them from obtaining the minimum requirements of compulsory education. This section does not meet all the requirements of the Convention providing that:

(a) the employment of young persons who have not reached the minimum specified age can only be authorised:

- from the age of 12, in the event of the country having specified a minimum age of 14 years (Article 7, para. 4, of the Convention);

- for light work that is not likely to be harmful to their health or development and which is not likely to prejudice their attendance at school or their training (Article 7, para. 1); and

(b) the competent authority shall determine the activities in which employment is authorised and shall prescribe the number of hours and the conditions of this employment (Article 7, para. 3).

The Committee therefore requests the Government to reconsider its position and to take the necessary measures to ensure that authorisations granted under section 32, subsection 2, of the Labour Code conform to the provisions of the Convention.

Article 9, paragraph 3. The Government does not appear to consider necessary any amendment to section 131 of the Labour Code, which provides for the keeping of registers of young persons under 16 years of age, whereas the Convention requires the keeping of this register for young persons under 18 years of age. The Committee requests the Government to re-examine this question and to indicate what measures have been taken or are contemplated to provide for the keeping of a register of persons of less than 18 years of age in accordance with the Convention.

The Committee requests the Government to indicate whether the Health Code referred to in section 128 of the Labour Code has been adopted; and if so it would appreciate receiving a copy of the Code.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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:

The Committee notes that in reply to its previous direct request, the Government has appended to its last report a copy of a communication which it sent to the National Congress, in May 1987, to draw its attention to the Committee's comments. The Committee requests the Government to indicate in its next report the measures which have been taken or which are envisaged on the various points raised in this request, which related to the application of Articles 2, 3, 7 and 9, paragraph 3, of the Convention.

The Committee again requests the Government to supply with its next report the text of the Health Code referred to in section 128 of the Labour Code and information on the practical application of the Convention as required under point V of the report form.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer