Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age Convention, 1973 (No. 138) - El Salvador (Ratification: 1996)

Article 2(1) and (4) of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. In its previous comments, the Committee noted that 13,012 children and young persons had benefited from Phase II of the Time-bound Programme (TBP), which ended in December 2009. Of the beneficiaries, 3,489 were removed from child labour and 9,523 were prevented from being engaged in work. The Committee also noted the adoption by the Government, in collaboration with ILO–IPEC, of a roadmap to free El Salvador from child labour and its worst forms (the Roadmap), which aims, under the Decent work in the Americas: An agenda for the hemisphere, to eliminate the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020. Finally, noting the results of a 2008 and 2009 household survey, the Committee noted that children aged between 5 and 14 years represented 50 per cent of the total number of working children

The Committee notes the Government’s latest information concerning measures which have been taken under the Roadmap, including actions taken by the Ministry of Justice and Public Security, the Ministry of Economy and the National Institute of young Children and Adolescents. The Committee notes the development and elaboration of an information system to monitor child labour (SIMETI), which was developed with ILO assistance. The Committee further notes the Government’s information concerning the results of labour inspections, according to which five cases of child labour were found in 2012, 15 cases were found in 2013 and, as of June, four cases have been found in 2014.

The Committee notes the 2013 household and multiple purpose survey (EHPM), which indicates that the number of children aged 5–17 years engaged in child labour decreased from 11.9 per cent in 2012 to 8.5 per cent (144,168) in 2013. However, the Committee notes that, of the 144,168 children engaged in child labour, over 70 per cent (approximately 100,917) live in rural areas and 60 per cent (approximately 88,519) are children aged 14–17 years who are engaged in hazardous work. While noting the measures taken by the Government to eradicate child labour within the framework of the Roadmap, the Committee nevertheless requests it to strengthen its efforts in this regard, particularly with respect to children in rural areas and those who are engaged in hazardous work. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of the Plan 2021, which included various measures to improve the quality of, and equal access to, education and increase school attendance rates, particularly for marginalized children or those from very poor families in rural and urban areas. The Committee also noted the Social Education Plan 2009–14, which aimed to encourage the participation of children in primary and secondary education and addresses, among others, children engaged in work. It further noted, however, the low rate of school attendance of adolescents in secondary education, as well as the high level of school drop-outs.

The Committee notes the Government’s detailed information concerning the programmes which have been implemented within the framework of the Plan 2021, including several scholarships for young persons to attend education in both rural and urban areas as well as, measures to further broaden access to universal education in areas of poverty. The Committee further notes the Government’s indication that the Social Education Plan 2009–14 has benefited 75 academic centres in 15 municipalities, and that 31,439 students participated in implementing pedagogical programmes.

The Committee takes due note of the Government’s continued measures to improve the quality of, and access to, education, as well as to incorporate child labour training modules into the education system. The Committee also notes, however, the statistical information provided by the United Nations Children’s Fund (UNICEF), which illustrates a continued disparity between the net enrolment rate in primary education (95.8 per cent of boys and 95.9 per cent of girls) and in secondary education (59.3 per cent boys and 60.8 per cent girls). The Committee accordingly requests the Government to strengthen its efforts to raise the school attendance rate and reduce the drop-out rate in secondary education. It also requests the Government to continue to provide information on the measures taken and on the results achieved in the context of the Plan 2021.