Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that section 2(1) of the Labour Code excludes from its scope of application, agricultural and stock-breeding enterprises not employing more than ten workers on a permanent basis and that, under sections 4 to 6 of the Regulations of 2001 on Child Labour, the regulations apply solely to contractual employment relationships. The Committee also noted that the Labour Code and the regulations on child labour do not apply to self-employed young persons under 18 years of age engaged in hazardous work. It noted, however, that a draft revision of the Labour Code was being prepared and expressed the firm hope that this draft text would contain provisions ensuring the protection afforded by the Convention. The Committee notes that the Government’s report does not contain any information on this matter. The Committee once again expresses the firm hope that the draft Labour Code will be adopted very soon and that it will contain provisions ensuring that children under 18 years of age, who are working in agricultural and stock-breeding enterprises not employing more than ten workers on a permanent basis and self-employed children under 18 are afforded the protection provided by Article 3(d) of the Convention against being employed in hazardous work. It requests the Government to provide information on any developments in this regard and to send a copy of the Labour Code when adopted.

Article 4, paragraphs 1 and 3. Determination of the types of hazardous work and revision of these types of work. Referring to its previous comments, the Committee notes with interest the adoption of Agreement No. STSS-097-2008 of 12 May 2008 amending section 8 of the regulations on child labour and adopting a detailed list of the types of hazardous work prohibited for persons under 18 years of age. It also notes that this Agreement was adopted in consultation with employers’ and workers’ organizations. Furthermore, the Committee notes that this Agreement provides that the list of types of hazardous work will be revised and updated every three years.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and direct assistance for the removal of children from these worst forms of labour. The Committee previously noted that, in the context of the technical assistance provided by the ILO–IPEC for the elimination of the worst forms of child labour, several action programmes have been implemented to eliminate child labour, in particular in melon plantations in Choluteca, the coffee production sector in Santa Bárbara, underwater fishing in the municipality of Raya and the rubbish dumps in Tegucigalpa. In this regard, the Committee notes with interest the information provided by the Government on the large number of children who have benefited from these action programmes in the country. It notes, for instance, that the programmes on rubbish dumps have benefited more than 1,036 families, 6,000 young persons and 3,800 girls and boys between 2002 and 2008. The Committee encourages the Government to continue its efforts to prevent children from becoming victims of the worst forms of child labour and to provide the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour and for their rehabilitation and social integration.

Clause (d). Children at special risk. Children orphaned or vulnerable due to HIV/AIDS. In its previous comments, the Committee noted that, according to the paper entitled “AIDS epidemic update”, published by UNAIDS and the WHO in December 2006, the increasing incidence of the virus in the country is a cause for concern. It also noted that, in its concluding observations of February 2007 (document CRC/C/HND/CO/3, paragraph 62), the Committee on the Rights of the Child expressed concern at this situation. The Committee notes that, according to the Government’s report on the progress made with regard to the implementation of the United Nations General Assembly Special Session (UNGASS) on HIV/AIDS, sent to UNAIDS in January 2008, the country has very few children who are orphans or vulnerable due to HIV/AIDS, around 200 according to statistics from 2006. It also notes that, according to this report, the Government is implementing various programmes of action targeting these children. The Committee takes due note of this information and urges the Government to continue its efforts to protect HIV/AIDS orphans from the worst forms of child labour and ensure their rehabilitation and social integration.

Article 8. International cooperation. The Committee previously noted that, in its concluding observations of February 2007 (document CRC/C/HND/CO/3, paragraph 19), the Committee on the Rights of the Child expressed concern that the increase in the amount of funds available through poverty reduction strategies, including debt reduction programmes, have not resulted in a proportionate strengthening of the mechanisms for the protection of children. The Committee notes that the Government signed a tripartite agreement concerning the adoption of the Decent Work Country Programme in August 2007 and that it takes into account child labour. Recalling that Poverty Reduction Strategy Programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the implementation of the Decent Work Country Programme to eliminate the worst forms of child labour.