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This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'. CEACR: Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Costa Rica (ratification: 1976) Published: 2011 Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously noted the statistics contained in the report on the results of the national study on work by children and young persons in Costa Rica, published in June 2003 by the National Statistical and Census Institute and the Ministry of Labour and Social Security, in collaboration with ILO–IPEC and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), according to which 49,200 children under 15 years of age were working in Costa Rica. It noted that the second National Action Plan for the prevention and elimination of child labour and the special protection of young workers was reviewed and formulated in 2007 to bring it into line with the new Government policies, and particularly the National Development Plan (2006–10). The Committee also observed that according to the information contained in an ILO–IPEC report of June 2008 on the third phase of the project entitled “Elimination of child labour in Latin America” (ILO–IPEC report of June 2008), there was a slight reduction in work by young persons. However, the statistics on child labour provided by the Government only concern the Central Region of Costa Rica and do not give an overall view of the problem in the country. The Committee notes the information provided in the Government’s report on the implementation of the National Action Plan for the prevention and elimination of child labour and the special protection of young workers. It notes that a system to follow up and evaluate the National Action Plan was developed during the course of 2009. The results of this evaluation were due to be presented during the course of 2010 and will make it possible to provide more precise information on the impact of the measures adopted in the context of the Action Plan. While awaiting these results, the Committee observes that between August 2008 and January 2009 the measures adopted in the context of the Action Plan included the provision of economic support for 300 child workers with a view to maintaining them in the education system through the programme “Avancemos”. Moreover, awareness-raising activities on the risks and consequences of child labour have been carried out with 50 entrepreneurs in the agricultural sector and 2,297 fishers. The Committee also notes the Government’s indication that the household survey envisaged in 2009 does not allow measurement of the extent of work by children between the ages of five and 12 years, nor does it provide information on the characteristics of work by children and young persons. A specific module on child labour has therefore been adopted, which should be applied in practice during the course of 2010. The Committee nevertheless notes the statistics provided in the Government’s report concerning the violations reported by the labour inspectorate in 2008 and 2009. It observes that in 2008 the labour inspectorate detected 186 cases of child labour in Costa Rica, and 168 in 2009. The majority of these cases were reported in the Central Region, namely in San José, Heredia and parts of Cartago. The 2008 statistics also show that the sectors with the largest number of cases identified are commerce (43 per cent) and services (19 per cent). Article 2(1). Minimum age for admission to employment or work. In its previous comments, the Committee noted a contradiction between, on the one hand, section 89 of the Labour Code, which establishes a minimum age of 12 years for admission to employment and, on the other, sections 78 and 92 of the Code of Children and Young Persons, which sets this minimum age at 15 years, in accordance with the minimum age specified when the Convention was ratified. The Government indicated that, in the legal system in Costa Rica, the principle is applied whereby a standard contained in a special law has priority over that set out in a general law. Moreover, the principle also applies that the most favourable standard and the most beneficial conditions must be implemented. Accordingly, in the present case, the Code of Children and Young Persons has precedence over the Labour Code. While noting this information, the Committee observes that, in view of the child labour statistics involving children under 15 years of age in the country, it would be desirable for the provisions of the Labour Code to be brought into line with those of the Code of Children and Young Persons. Article 3(2). Determination of hazardous types of work. Further to its previous comment, the Committee notes with interest the Government’s indication that the Bill to prohibit young workers from performing hazardous and unhealthy types of work has been included on the agenda of the Commission on Childhood and Youth of the Legislative Assembly. =========================================================================================== CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Costa Rica (ratification: 2001) Published: 2011 Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Child domestic work. The Committee notes the allegations made by the ITUC that nearly 6 per cent of the 113,500 children working in Costa Rica are employed in domestic work. It notes that the ITUC’s comments refer to the ILO–IPEC study of 2002 entitled “Child domestic labour in Central America and the Dominican Republic”, which revealed that one girl in every four under 18 years of age who works is engaged in the domestic sector in Costa Rica. According to the ITUC, these children work long days, are paid little if at all, are often the victim of physical and sometimes sexual violence, are exposed to hazardous working conditions and often have no access to education. Furthermore, child domestic workers are isolated since their activities are carried out within the private sphere, which makes them extremely vulnerable to all forms of abuse. However, the Committee notes that, according to the ITUC’s comments, a Bill prohibiting young workers from carrying out hazardous and unhealthy work was submitted to the legislative assembly in 2005 and includes provisions regulating child domestic work. Furthermore, a Bill on domestic work was also submitted to the legislative assembly in the same year. The Committee notes the Government’s reply to the ITUC’s allegations, which indicates that, under the Code of Childhood and Adolescence (section 94), it is prohibited to employ children under 15 years of age (sections 78 and 92) and children aged between 15 and 18 years may not be engaged in activities that jeopardize their own safety or that of other persons placed under their responsibility. Furthermore, the working time of children aged between 15 and 18 years is limited to six hours per day or 36.6 hours per week (section 95). Furthermore, the Committee notes the Government’s indication concerning the drafting of the Bill on domestic work and its forthcoming adoption. It also notes that the Bill prohibiting young workers from carrying out hazardous and unhealthy work contains provisions on child domestic work. The Committee notes with interest the adoption of Act No. 8842 of 13 August 2010 amending the Code of Childhood and Adolescence, which provides that domestic work by children aged between 15 and 18 years is prohibited in the following conditions: (i) if the young person must sleep at the workplace; (ii) if the work requires the young person to look after children, elderly persons or disabled persons; and (iii) if the work consists of supervision (section 94bis). Furthermore, it notes that the Bill prohibiting young persons from carrying out hazardous and unhealthy work envisages the prohibition of child domestic work carried out in these same conditions. Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child domestic workers. The Committee notes the information provided by the Government in its reply to the allegations made by the ITUC. It notes in particular that an awareness-raising campaign was conducted on child domestic work between 2003 and 2006 through the television and radio media. According to the Government, four programmes have also been created in collaboration with the NGO World Vision with the aim of identifying and providing assistance for 120 child domestic workers. =========================================================================================== CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Costa Rica (ratification: 2001) Published: 2011 Article 3(a) and (b) of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation, the use, procuring or offering of a child for prostitution and court decisions. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations on the Government’s initial report of May 2007 under the Optional Protocol to the Convention on Rights of the Child on the sale of children, child prostitution, and child pornography (CRC/C/OPSC/CRI/CO/1, paragraphs 20 and 22), expressed concern at the fact that the trafficking of children for sexual exploitation and the smuggling of migrants, including children, continue to be a serious problem in the country. The CRC also expressed concern at the fact that the practice of purchasing sexual services from children is still socially acceptable and that Costa Rica is becoming an increasingly popular destination for sex tourism. The Committee noted that, even though the legislation conforms to the Convention on this point, the scale of the commercial sexual exploitation of children, including the sale and trafficking of children to that end and prostitution appears to be substantial. The Committee duly notes the statistics provided by the President of the Supreme Court of Justice in the Government’s report for the years 2008, 2009 and 2010. It notes that seven persons were convicted of human trafficking in 2009. Furthermore, the Committee notes the information provided by the National Foundation for Children (PANI) that there were 2,821 complaints of sexual offences in 2009, which led to the conviction of eight persons for the commercial sexual exploitation of children under 18 years of age. Furthermore, between January and August 2010, 1,675 complaints were registered for sexual offences and five convictions were handed down. Article 5. Monitoring mechanisms. Labour inspections. In its previous comments, the Committee noted that, under the terms of Directive No. 1 of the Ministry of Labour and Social Security of 13 March 2001, it is envisaged that in each regional inspection bureau, an inspector will be made responsible for the problem of child labour, in collaboration with the committees on childhood and adolescence, the responsible committees for each community and other structures for the elimination of child labour and the protection of the working conditions of young persons within the framework of the policies pursued by the Government. The Committee notes the allegations made by the CTRN that the budgetary and human resources of the National Directorate of Labour Inspection are insufficient and do not allow it to operate properly. According to the CTRN, in nine of the 31 regional inspection offices, a single labour inspector is in charge of the office. It therefore seems unlikely that in each regional office an inspector can be responsible for the specific problem of child labour. Article 6. Programmes of action. The Committee previously noted that one of the components of the National Plan of Action for the prevention and elimination of child labour is to eliminate the engagement of children in hazardous work and the worst forms of child labour. The Committee notes that the Government’s report contains no information on the measures taken in that regard in the context of the National Plan. The Committee therefore once again requests the Government to provide information on the measures taken and the results achieved in the context of the National Plan of Action for the prevention and elimination of child labour and the special protection of young workers, to eliminate the engagement of children in hazardous work and the worst forms of child labour. Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance to remove them from the worst forms of child labour. 1. Trafficking of children and commercial sexual exploitation of children. In its previous comments, the Committee noted that Costa Rica is participating in the ILO–IPEC subregional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama, and the Dominican Republic” (ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children). It also duly noted the adoption of a National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents (2008–10). The Committee notes that the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children ended in April 2009. It notes according to the information contained in the final report of July 2009 on the entire period of the project (2005–09) that 209 children were prevented from working and 118 (93 girls and 25 boys) were removed from trafficking or commercial sexual exploitation and obtained access to educational services or training. The Committee also notes the information from the PANI provided in the Government’s report indicating that 152 children under 18 years of age who had been victims of commercial sexual exploitation were taken into care in 2008 and 61 between January and August 2010. With regard to the rehabilitation and social integration measures taken in the context of the National Plan for the elimination of the commercial sexual exploitation of boys, girls and adolescents, the Government’s report indicates that vocational training is planned in three provinces to enable young persons to acquire skills in the field of production management. 2. Tourist activities. The Committee previously noted that a code of conduct for the protection of boys, girls and adolescents against commercial sexual exploitation in the tourist sector had been drawn up. It noted that a large number of tour operators, car hire companies, taxi companies and members of the national hotels association have undertaken to apply the code of conduct and to formulate and publish a set of ethical criteria to be applied to this problem. The Committee notes with interest the information provided in the final report of the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children of July 2009 that all tourism associations and chambers in Costa Rica have abided by the code of conduct. It also notes that more than 6,000 employees in the tourism sector working in nearly 300 enterprises have been trained and have undertaken to take action to prevent, identify and report situations involving the commercial sexual exploitation of children. Furthermore, the Committee notes that, under section 19 of Act No. 8811 of 12 May 2010 on incentives to promote the social responsibility of tourist enterprises, legal or natural persons involved in a tourism activity are required to include the following statement in their advertising: “the commercial sexual exploitation of boys, girls and adolescents is an offence punishable by imprisonment”. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and ensuring access to free basic education for all children removed from the worst forms of child labour. Free basic education. Further to its previous comments, the Committee notes the information provided by the Government under the Minimum Age Convention, 1973 (No. 138), that the Avancemos (Let’s Move Forward) programme targets mainly young persons aged between 12 and 25 years in a situation of poverty, vulnerability or exclusion and aims to promote their continued attendance or reintegration into formal education at the secondary level. It notes that, in 2008, 300 young persons who were working have benefited from financial support under this programme. Furthermore, the Government’s report indicates that 34,617 children under 15 years of age are currently benefiting under this programme and that the objective for 2009 is to assist 180,000 children. The Committee also notes that, according to the statistics contained in the 2010 “Education For All: Global Monitoring Report” published by UNESCO, entitled “Reaching the Marginalized”, the gross enrolment rate at the secondary level increased from 57 per cent to 87 per cent between 1999 and 2007. However, it notes that, according to UNICEF statistics for 2008, the net attendance rate stands at only 65 per cent for girls and 59 per cent for boys. Article 8. International cooperation and assistance. Trafficking for the purpose of commercial sexual exploitation. The Committee previously noted that as part of its activities, the PANI takes care of children who have been brought into the country, particularly from Nicaragua, and accommodates them in its centres. Furthermore, in order to organize the return of these children to their families, it establishes contact with the competent authorities. The Committee also noted that, according to the September 2008 report on the ILO–IPEC project on the prevention and elimination of the commercial sexual exploitation of children, Costa Rica and Panama signed a coordination protocol on 23 May 2008 on the procedure for the repatriation of children and young person between the two countries. The Committee notes the information provided by the Government that ten children who were the victims of trafficking were taken care of by the PANI in 2009. However, no cases of child trafficking were detected in 2010. The Committee further notes that the report contains no information on the number of children repatriated to their country of origin.