Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Costa Rica (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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Article 3(d) of the Convention. Hazardous work. Child domestic work. In its previous comments, the Committee noted the adoption of Act No. 8842 of 13 August 2010 amending the Code of Children and Young Persons, which prohibits domestic work by children aged between 15 and 18 years under the following conditions: (i) if young persons have to sleep at the workplace; (ii) if the work requires looking after children, the elderly or persons with disabilities; and (iii) if the work consists of supervision (section 94bis). It also noted the adoption of the list of hazardous types of work, in accordance with Act No. 8922 respecting hazardous and unhealthy work for young persons, which explicitly prohibits domestic work by young persons if they have to sleep at the workplace or remain at the workplace beyond their hours of work. The Committee however noted the observations of the Confederation of Workers Rerum Novarum (CTRN), which emphasized that domestic work accounted for one of the largest proportions of child labour (10.3 per cent) and that 56,753 young persons between the ages of 5 and 17 years were engaged in domestic work in households, including hazardous types of work.

The Committee notes, according to the Government’s report, the Office for Action on and the Elimination of Child Labour and the Protection of Work by Young Persons (OATIA) has identified 2,845 minors between 5 and 17 years of age engaged in domestic work, without indicating how many of them are exposed to hazardous types of work. The Committee notes the Government’s indication that the Handbook of Legal Procedures of the labour inspection services provides that, when a case of hazardous domestic work by a young person is detected, the labour inspector shall follow the procedure set out in the Handbook. The Committee also notes with interest the adoption of Act No. 9343 of January 2016 to reform labour procedures, section 453 of which grants free legal assistance, subsidized by the State, to workers under 18 years of age. However, despite the efforts made to strengthen the legislation, the Committee notes that the Government has not provided data on the judicial convictions handed down. The Committee requests the Government to continue providing statistics on the number of children engaged in domestic work, and particularly hazardous types of work. It also requests the Government to take the necessary measures to ensure that the legislation on hazardous types of work is effectively enforced in order to prevent young domestic workers under 18 years of age from being engaged in hazardous types of work, and to indicate the number and type of violations detected and the number of sanctions imposed.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that, according to the CTRN, the budgetary and human resources of the National Directorate of Labour Inspection are not sufficient and do not allow its effective operation. The CTRN also raised the issue of the lack of planning and coordination between the National Foundation for Children (PANI) and the National Directorate of Labour Inspection in relation to work performed by children and young persons. In response, the Government indicated that the Ministry of Labour and Social Security (MTSS) continued to take measures to strengthen the National Directorate of Labour Inspection and that, as of 2014, there were 156 officials, including 104 inspectors and coordinators and six regional directors.

The Government indicates that the National Directorate of Labour Inspection has developed strategies and working methods to increase the impact of its interventions, adopting a new approach based on the application of the ILO’s eight fundamental Conventions. The Committee also notes the Government’s indication that Bill No. 19130 is currently being prepared to reinforce the application of labour standards by empowering the labour inspectorate to issue penalties to eliminate the need to bring all cases to the judiciary. The Committee requests the Government to keep it informed of the preparation and adoption of Bill No. 19130. It also requests the Government to provide information on the other measures adopted to reinforce the labour inspection system and to ensure the effective enforcement of the legislation.

Article 6. Programmes of action. The Committee noted previously that measures to prevent and combat the worst forms of child labour were included in the six objectives of the Roadmap: (i) action to combat poverty as a contributing factor to child labour; (ii) the prevention of health complications due to the worst forms of child labour and the provision of care; (iii) the provision of education to all children, and particularly those at risk of being involved in work that jeopardizes their right to education; (iv) the pursuit of action to combat child labour and its worst forms; (v) the continuation of awareness raising of the community on the effects of child labour and its worst forms; and (vi) the development of an integrated national information system on child labour.

The Committee notes that, according to the information provided by the Government, in 2016, some 62 per cent of the plan of action of the Roadmap for the elimination of child labour has been completed. Among the progress achieved, the Committee notes a model for the recognition of good practices in the prevention of child labour and hazardous types of work by young persons in the agricultural sector, as well as the development of a tool for the compilation of statistics based on information relating to minors engaged in work. The Committee requests the Government to continue providing information on the implementation of the programmes and measures envisaged to achieve the six objectives of the Roadmap, and on the statistics compiled through the integrated national information system on child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing child from becoming engaged in the worst forms of child labour. Trafficking of children and the commercial sexual exploitation of children. With reference to its previous comments, the Committee notes that the trafficking and sexual exploitation of children and young persons is a fundamental issue set out in the Roadmap, in respect of which all the institutions concerned are committed. The Government indicated that the PANI, in the context of the Roadmap, is taking action with the other institutions participating in the prevention of trafficking and commercial sexual exploitation of children for the preparation of a manual for public officials, aiming to provide them with guidance on the measures required to ensure the protection of young persons and prevent them from once again becoming victims of these crimes. The Committee notes the Government’s indication that the PANI has manuals and protocols, such as the protocol on how to deal with minors, the specific protocol on comprehensive protection in situations of commercial sexual exploitation and the manual on comprehensive inter institutional protection for minors who are victims of commercial sexual exploitation and trafficking. The Government adds that coordination measures have been taken between institutions at the national and international levels to combat this practice. While noting the efforts made by the Government to strengthen the protection of child victims of trafficking, the Committee requests it to provide information on the specific results achieved as a result of the various measures taken to prevent children from becoming victims of trafficking and commercial sexual exploitation.

Clause (d). Children at special risk. Child domestic workers. Further to its previous comments, the Committee notes the Government’s indication that, when a young person engaged in domestic work is detected, the OATIA undertakes an individual technical interview. Following the interview, a study is conducted to determine the fragilities and needs of the young person and her or his family and the appropriate assistance. Noting the absence of specific information on this subject, the Committee requests the Government to indicate the effective and time-bound measures taken for the provision of the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

Article 8. International cooperation and assistance. 1. Trafficking for commercial sexual exploitation. The Committee noted previously that, as part of its activities, the PANI provides care for children who have been brought into the country, particularly from Nicaragua, and provides accommodation in its shelters. It also makes contact with the competent authorities with a view to organizing the return of the children to their families. The Committee also noted the bipartite commission which has responsibility for establishing and coordinating mechanisms to provide, among other services, efficient and effective protection for young migrants.

The Committee notes the Government’s indication that it does not have new information on the activities of the bipartite commission or the PANI, but that it undertakes to provide such information when it is available. The Committee therefore requests the Government to indicate in detail the activities undertaken by the bipartite commission, and particularly its international cooperation and assistance activities, and to indicate the measures adopted by the PANI to protect and repatriate young migrants, when this information is available. The Committee further requests the Government to provide statistics on the number of child victims who have been identified and then repatriated to their country of origin.

2. Regional Initiative. The Committee notes that Costa Rica is participating in the Latin America and the Caribbean Free of Child Labour Regional Initiative, the objective of which is the reinforcement of inter-governmental cooperation to combat child labour through prevention and intra- and inter-sectoral institutional coordination. The Committee requests the Government to provide information on the measures adopted for the implementation of the Regional Initiative.