Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Aruba

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Government of Aruba had made a commitment to ensure that all children receive compulsory education up to the age of 17 years. The Committee once again notes the Government’s indication that the State Ordinance on Compulsory Education has not yet been approved and that it will supply a copy of the Ordinance once it has been adopted. The Committee trusts that the State Ordinance on Compulsory Education will be in conformity with Article 2(3) of the Convention. Considering that there is presently no specified age of completion of compulsory schooling in Aruba and that the Government has been referring to the enactment of the State Ordinance on Compulsory Education for a number of years, the Committee once again urges the Government to take the necessary measures to ensure that it is adopted in the very near future.

Article 3, paragraphs 1 and 2. Hazardous work. In its previous comments, the Committee had noted that section 17(1) of the Labour Ordinance provides that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature, which is to be described by a state decree. Section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Committee had noted the Government’s information that one of the tasks of the Committee for the Modernization of Labour Legislation (CMLL) is to fill the existing voids in the legislation, creating the state decrees (which are yet formalized) referred to in the Labour Ordinance. The Committee notes the Government’s indication that the labour legislation review is still under way and that the state decree specifying the types of hazardous work prohibited to young persons under 18 years of age has not yet been enacted. Considering that the Government has been referring to the enactment of the state decree provided for under section 17(1) of the Labour Ordinance determining the types of hazardous work for a number of years, the Committee urges the Government to take the necessary measures to ensure that it is adopted in the very near future. It requests the Government to provide a copy, once it has been adopted.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee had noted the Government’s indication that the state decree provided for under section 16(a) of the Labour Ordinance allows exemptions for certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. It had also noted the Government’s information that there were no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. The Committee notes the Government’s information that the state decree provided under section 16(a) of the Labour Ordinance has not yet been addressed in the CMLL. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the state decree specifying the employment permitted for vocational education or technical training purposes under section 16(a) will be addressed in the CMLL and adopted thereafter in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7. Light work. In its previous comments, the Committee had requested the Government to provide information on the progress made with regard to the state decree provided for under section 16(b) of the Labour Ordinance to specify certain tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee had recalled that Article 7(3) of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. The Committee notes the Government’s information that the state decree under section 16(b) of the Labour Ordinance has not yet been addressed in the CMLL. The Committee expresses the firm hope that the state decree specifying the light work activities permitted to children of 12 years and above provided for under section 16(b) of the Labour Ordinance will be adopted at the earliest possible date and requests the Government to provide information on all progress made in this regard.

Part V of the report form. Practical application of the Convention. The Committee notes the Government’s information that the labour inspection did not report any violations with regard to national legislation on child labour or the provisions of the Convention. It also notes the information provided by the Government that, according to the annual report of the Inspection Division of the Labour Department, in 2008, one child, aged 14 years and 11 children, aged 15 years were employed. It further notes the Government’s indication that control and enforcement of the labour legislation by the labour inspectors continues to be weak due to regulatory and financial challenges. The Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services in order to ensure the effective implementation of the provisions of the Convention. It also requests the Government to provide more detailed information on the manner in which the Convention is applied in practice including statistical data disaggregated by sex and age on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.