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The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statistical information from the National Institute of Statistics and Census (INEC) of 2005, to the effect that the number of child workers between 5 and 17 years of age in the country was decreasing. It also noted the Government’s statement that the child labour inspection and monitoring service had been reinforced since 2004. The Committee also noted that Ecuador had implemented a Time-bound Programme (TBP) in order to eliminate the worst forms of child labour, particularly the work of children in the banana and flower industries.

The Committee noted with interest the detailed information sent by the Government concerning the results achieved further to the implementation of the TBP, which ended in June 2008. A total of 7,406 children were beneficiaries of the TBP. Of these, 5,250 children were prevented from becoming involved in one of the worst forms of child labour covered by the TBP and received educational services, and 2,156 children were removed from their work and were also provided with educational services. The Committee noted the detailed information provided by the Government on the measures taken to implement other programmes of action, such as the “Being” project and the “Pro-child” programme, for abolishing child labour and the worst forms thereof. Moreover, it noted the Government’s indication that a review of the “National Plan for the prevention and elimination of child labour” is in progress. The Committee also noted the detailed information provided by the Government on the results of the second national survey of child labour carried out by the INEC in 2006. According to this survey, 580,888 children and young persons were employed in forms of child labour to be abolished under the terms of the Convention. Of these, 164,551 were children between 5 and 11 years of age, 202,585 were adolescents between 12 and 14 years of age, and 213,752 were young persons engaged in hazardous work between 15 and 17 years of age. The Committee noted that, according to the national survey of child labour for 2006, child labour has decreased by 3 per cent in comparison with 2001.

The Committee also noted that, according to ILO–IPEC information, the Government has adopted various public policies, including the “Social agenda for children and young persons”, the “Ten-year National Plan for the full protection of children and young persons” and the “National Development Plan”. In the context of these public policies concerning children, measures will be taken to combat child labour. The Committee also noted that the Government is participating in the
ILO–IPEC project on the “Elimination of child labour in Latin America (third phase, South America)”. While duly noting the measures taken by the Government to combat child labour, the Committee again noted that, according to the abovementioned statistics, the practice observed is still in contradiction with the legislation and the Convention. The Committee is deeply concerned at the situation of children under 14 years of age who are compelled to work and urges the Government to intensify its efforts to gradually improve the situation. It requests the Government to take the necessary steps, in the context of the various public policies mentioned above and the ILO–IPEC project on the “Elimination of child labour in Latin America”, to abolish child labour. It requests the Government to supply information on the results achieved. The Committee also requests the Government to provide information on the application of the Convention in practice, including, for example, statistics relating to the employment of children and young persons, and extracts of the reports of the inspection services, particularly inspections conducted in the abovementioned sectors. Finally, it requests the Government to supply a copy of the new “National Plan for the prevention and elimination of child labour”, once it has been formulated.

Article 2(2) and (5). Raising the minimum age for admission to employment or labour to 15 years. The Committee noted the Government’s statement that Act No. 2006-39 raised the minimum age for admission to employment or work from 14 to 15 years, thereby aligning the provisions of section 134(1) of the Labour Code with those of section 82(1) of the Children and Young Persons Code of 2003. It requested the Government to consider the possibility of sending the ILO Director-General a new declaration stating that Ecuador had raised the previously specified minimum age, in accordance with Article 2(2) of the Convention. The Government indicated that it will recommend that the Ministry of Labour and Employment notify the Director-General that the minimum age for admission to employment or work has been raised from 14 to 15 years. The Committee requests the Government to supply information on any new developments in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, according to UNICEF statistics for 2006, the net primary school enrolment rate was 98 per cent for girls and 97 per cent for boys and the figures for secondary schools were 53 per cent for girls and 52 per cent for boys. The Committee duly notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled “Education for All by 2015: Will we make it?”, Ecuador has achieved the objective of universal primary education for all and that of gender parity in both primary and secondary education. The Committee duly notes the net primary school enrolment rate. However, it expresses its concern with regard to the low net secondary school enrolment rate. It observes that poverty is one of the primary causes of child labour and, combined with a deficient education system, it hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to continue its efforts to improve the functioning of the education system in the country and to take measures to enable children to attend compulsory basic education or enter an informal school system. In this regard, it requests the Government to supply information on the measures taken to increase the secondary school enrolment rate. Finally, the Committee requests the Government to supply information on the results achieved.

Article 3(2). Determination of hazardous work. With reference to its previous comments, the Committee noted with satisfaction Resolution No. 016 CNNA-2008 of 8 May 2008, adopting regulations on hazardous work which is prohibited for young persons who are legally entitled to work in employment or on a self-employed basis. This resolution was adopted in consultation with the employers’ and workers’ organizations, and also with various other parties concerned with the problem of child labour. The Committee noted in particular that section 5 of these Regulations contains a very detailed list of types of work prohibited for young persons between 15 and 18 years of age. It also noted that section 6 of the Regulations fixes at 18 years of age the minimum age for admission to employment for young domestic workers who live in the homes of their employers. The Committee further noted the Government’s statement that agreements concerning the types of work prohibited for young persons between 15 and 18 years of age in the banana and flower industries have been concluded. The Committee requests the Government to supply a copy of these agreements in its next report. It also requests the Government to provide information on the application in practice of Resolution No. 016 CNNA-2008 adopting regulations on hazardous work.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s statement that Regulations issued under the Children and Young Persons Code will lay down the conditions of employment for children and young persons engaged in artistic activities or performances. The Committee noted the Government’s information to the effect that the Regulations implementing the Children and Young Persons Code are in the process of being validated. The Committee reminded the Government that, under Article 8(1) of the Convention, the competent authority may waive the minimum age of 14 years specified by Ecuador for admission to employment or work and, after consultation of the employers’ and workers’ organizations concerned, may grant permission in individual cases for purposes such as participation in artistic performances. It also reminded the Government that according to Article 8(2) the permits so granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee expresses the firm hope that the regulations implementing the Children and Young Persons Code will be adopted in the near future, will take account of the comments made above and will lay down the conditions of employment for children and young persons in artistic performances. It requests the Government to supply information on any new developments in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statistical information from the National Institute of Statistics and Census (INEC) of 2005, to the effect that the number of child workers between 5 and 17 years of age in the country was decreasing. It also noted the Government’s statement that the child labour inspection and monitoring service had been reinforced since 2004. The Committee also noted that Ecuador had implemented a Time-bound Programme (TBP) in order to eliminate the worst forms of child labour, particularly the work of children in the banana and flower industries.

The Committee notes with interest the detailed information sent by the Government concerning the results achieved further to the implementation of the TBP, which ended in June 2008. A total of 7,406 children were beneficiaries of the TBP. Of these, 5,250 children were prevented from becoming involved in one of the worst forms of child labour covered by the TBP and received educational services, and 2,156 children were removed from their work and were also provided with educational services. The Committee duly notes the detailed information provided by the Government on the measures taken to implement other programmes of action, such as the “Being” project and the “Pro-child” programme, for abolishing child labour and the worst forms thereof. Moreover, it notes the Government’s indication that a review of the “National Plan for the prevention and elimination of child labour” is in progress. The Committee notes the detailed information provided by the Government on the results of the second national survey of child labour carried out by the INEC in 2006. According to this survey, 580,888 children and young persons were employed in forms of child labour to be abolished under the terms of the Convention. Of these, 164,551 were children between 5 and 11 years of age, 202,585 were adolescents between 12 and 14 years of age, and 213,752 were young persons engaged in hazardous work between 15 and 17 years of age. The Committee notes that, according to the national survey of child labour for 2006, child labour has decreased by 3 per cent in comparison with 2001.

The Committee also notes that, according to ILO–IPEC information, the Government has adopted various public policies, including the “Social agenda for children and young persons”, the “Ten-year National Plan for the full protection of children and young persons” and the “National Development Plan”. In the context of these public policies concerning children, measures will be taken to combat child labour. The Committee also notes that the Government is participating in the ILO–IPEC project on the “Elimination of child labour in Latin America (third phase, South America)”. While duly noting the measures taken by the Government to combat child labour, the Committee again notes that, according to the abovementioned statistics, the practice observed is still in contradiction with the legislation and the Convention. The Committee is deeply concerned at the situation of children under 14 years of age who are compelled to work and urges the Government to intensify its efforts to gradually improve the situation. It requests the Government to take the necessary steps, in the context of the various public policies mentioned above and the ILO–IPEC project on the “Elimination of child labour in Latin America”, to abolish child labour. It requests the Government to supply information on the results achieved. The Committee also requests the Government to provide information on the application of the Convention in practice, including, for example, statistics relating to the employment of children and young persons, and extracts of the reports of the inspection services, particularly inspections conducted in the abovementioned sectors. Finally, it requests the Government to supply a copy of the new “National Plan for the prevention and elimination of child labour”, once it has been formulated.

Article 2, paragraphs 2 and 5. Raising the minimum age for admission to employment or labour to 15 years. The Committee noted the Government’s statement that Act No. 2006-39 raised the minimum age for admission to employment or work from 14 to 15 years, thereby aligning the provisions of section 134(1) of the Labour Code with those of section 82(1) of the Children and Young Persons Code of 2003. It requested the Government to consider the possibility of sending the ILO Director-General a new declaration stating that Ecuador had raised the previously specified minimum age, in accordance with Article 2, paragraph 2, of the Convention. The Government indicates that it will recommend that the Ministry of Labour and Employment notify the Director-General that the minimum age for admission to employment or work has been raised from 14 to 15 years. The Committee requests the Government to supply information on any new developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNICEF statistics for 2006, the net primary school enrolment rate was 98 per cent for girls and 97 per cent for boys and the figures for secondary schools were 53 per cent for girls and 52 per cent for boys. The Committee duly notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled “Education for All by 2015: Will we make it?”, Ecuador has achieved the objective of universal primary education for all and that of gender parity in both primary and secondary education. The Committee duly notes the net primary school enrolment rate. However, it expresses its concern with regard to the low net secondary school enrolment rate. It observes that poverty is one of the primary causes of child labour and, combined with a deficient education system, it hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to continue its efforts to improve the functioning of the education system in the country and to take measures to enable children to attend compulsory basic education or enter an informal school system. In this regard, it requests the Government to supply information on the measures taken to increase the secondary school enrolment rate. Finally, the Committee requests the Government to supply information on the results achieved.

Article 3, paragraph 2. Determination of hazardous work. With reference to its previous comments, the Committee notes with satisfaction resolution No. 016 CNNA-2008 of 8 May 2008, adopting regulations on hazardous work which is prohibited for young persons who are legally entitled to work in employment or on a self-employed basis. This resolution was adopted in consultation with the employers’ and workers’ organizations, and also with various other parties concerned with the problem of child labour. The Committee notes in particular that section 5 of these Regulations contains a very detailed list of types of work prohibited for young persons between 15 and 18 years of age. It also duly notes that section 6 of the Regulations fixes at 18 years of age the minimum age for admission to employment for young domestic workers who live in the homes of their employers. The Committee also notes the Government’s statement that agreements concerning the types of work prohibited for young persons between 15 and 18 years of age in the banana and flower industries have been concluded. The Committee requests the Government to supply a copy of these agreements in its next report. It also requests the Government to provide information on the application in practice of resolution No. 016 CNNA-2008 adopting regulations on hazardous work.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s statement that Regulations issued under the Children and Young Persons Code will lay down the conditions of employment for children and young persons engaged in artistic activities or performances. The Committee notes the Government’s information to the effect that the Regulations implementing the Children and Young Persons Code are in the process of being validated. The Committee reminds the Government that, under Article 8, paragraph 1, of the Convention, the competent authority may waive the minimum age of 14 years specified by Ecuador for admission to employment or work and, after consultation of the employers’ and workers’ organizations concerned, may grant permission in individual cases for purposes such as participation in artistic performances. It also reminds the Government that according to Article 8, paragraph 2, the permits so granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee expresses the firm hope that the regulations implementing the Children and Young Persons Code will be adopted in the near future, will take account of the comments made above and will lay down the conditions of employment for children and young persons in artistic performances. It requests the Government to supply information on any new developments in this regard.

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With reference to its previous comments, the Committee notes with interest that Act No. 2006-39 amending the Labour Code, published in Official Journal No. 250 of 13 April 2006, entered into force on that date and harmonizes the provisions of the Labour Code that regulate the economic activity of children with the provisions of the Children’s and Young Persons’ Code of 2003.

Article 2, paragraphs 2 and 5, of the Convention. Raising the minimum age for admission to employment or work to 15 years. In its previous comments, the Committee noted the Government’s statement that 14 years had been set as the minimum age on the basis of custom and in view of the situation in the country. It requested the Government to provide information on its decision to specify a minimum age of 14 years, in accordance with Article 2, paragraph 5, of the Convention. The Committee notes with interest that, according to the Government, the abovementioned Act No. 2006-39 raises the minimum age for admission to employment or work from 14 to 15 years, thus aligning section 134(1) of the Labour Code with section 82(1) of the Children’s and Young Persons’ Code of 2003. The Committee takes this opportunity to draw the Government’s attention to Article 2(2) of the Convention, according to which each Member which has ratified the Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. The Committee requests the Government to consider the possibility of sending such a declaration to the Office.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted previously that there was a difference between the minimum age of 14 years for admission to employment or work, specified by the Government upon ratifying the Convention, and the age of completion of compulsory schooling, which the Committee infers from the national law on education to be 15 years. It asked the Government to indicate how compulsory schooling is enforced in practice. The Committee notes the information sent by the Government on the national law on education. Being of the view that one of the most effective ways of combating child labour is to make the minimum age for admission to employment coincide with the minimum age for completion of compulsory schooling, the Committee takes due note that in the legislation the two ages coincide and are set at 15 years.

Article 3, paragraph 2. Determination of hazardous work. In its previous comments, the Committee noted that, following two national consultations on a revision of the list of jobs which are hazardous and prohibited for minors and children, the National Council for Children and Young Persons was preparing regulations on such work. The Committee notes the Government’s statement that the regulations in question are still being prepared by the National Council for Children and Young Persons in cooperation with the National Committee for the Progressive Elimination of Child Labour. The Committee hopes that the regulations will be completed and adopted in the near future. It requests the Government to report on progress made in this regard.

Article 6. 1. Apprenticeship. In its previous comments, the Committee noted that, according to section 134 read in conjunction with section 158(4) of the Labour Code, minors may start apprenticeships from the age of 12 years. It reminded the Government that Article 6 of the Convention allows work by persons of at least 14 years of age in undertakings as part of an apprenticeship course, and asked the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years carries out an apprenticeship. The Committee takes due note that Act No. 2006-39 has amended section 158(4) of the Labour Code, which now specifies that the age for admission to apprenticeship is 15 years.

2. Vocational training. In its previous comments, the Committee noted that under section 92 of the Children’s and Young Persons’ Code of 2003, boys, girls and young people may engage in training activities in which work is an important component of the overall training. The activities must be so performed as to be compatible with the health, capacity, physical status and mental development of the boys, girls and young persons and must respect their moral and cultural values. Furthermore, in programmes that include training activities, priority must be given to teaching requirements. In the absence of a reply to these comments, the Committee requested the Government to provide information on the types of employment or work which are treated as training activities under section 92 of the Children’s and Young Persons’ Code of 2003, including examples of such programmes. The Committee notes the Government’s statement that several public and private institutions take part in the training of boys, girls and young persons by setting up programmes in conformity with the national legislation and international agreements regulating the subject.

Article 7. Light work. The Committee noted previously that, under section 134(2) and (3) of the Labour Code, the juvenile court may under certain conditions authorize work by young persons aged from 12 to 14 years. It further noted that section 82(3) of the Children’s and Young Persons’ Code of 2003 provides that the National Council for Children and Young Persons may, of its own accord or at the request of a public or private body, authorize work by persons under 15 years of age in accordance with the conditions laid down by the Code, the law, or international instruments ratified by Ecuador. The Committee requested the Government to take the necessary steps to ensure that no one under 12 years of age may be allowed to work and that, where work is authorized from the age of 12 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention. The Committee notes the Government’s statement that under the national legislation, no one under 15 years of age is allowed to work in Ecuador.

Article 8. Artistic performances. In its previous comments, the Committee noted that, according to the Government, the national legislation does not regulate the procedure for authorizing participation in artistic performances or set conditions for such authorization. This is left to the discretion of the persons who have the care of the young persons. The Committee asked the Government to take the necessary steps to ensure that young people participating in artistic performances have the protection prescribed by Article 8 of the Convention. The Committee notes the Government’s statement that regulations issued under the Children’s and Young Persons’ Code will lay down the conditions of employment for children and young people engaged in artistic activities or performances. The Committee reminds the Government in this connection that under Article 8, paragraph 1, of the Convention, the competent authority may waive the minimum age of 14 years specified by Ecuador for admission to employment or work and, after consultation with the organizations of employers and workers concerned, may grant permission in individual cases for participation in artistic performances. It also reminds the Government that according to Article 8, paragraph 2, the permits so granted must limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee hopes that the Government will take account of the above comments in the drafting of the regulations to be issued under the Children’s and Young Persons’ Code.

Article 1 and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee took note of the statistical information in a survey on child labour in urban and rural areas, published by the National Institute of Statistics and Censuses (INEC) in August 2001. According to the survey, 111,569 boys and girls aged from 5 to 9 years and 343,554 aged from 10 to 14 years are engaged in economic activity in Ecuador. Agriculture is the sector with the most child workers aged from 5 to 14 years, with a total of 307,092. The Committee observed that these statistics indicated that practice was inconsistent with the legislation and the Convention, and expressed serious concern at the situation of children under 14 compelled to work. It strongly encouraged the Government to step up efforts to improve matters gradually, in particular by pursuing its cooperation with ILO/IPEC, and asked it to continue to provide statistical data on the employment of children and young persons and to send reports by the inspection services.

The Committee takes note of the statistical data produced by the INEC for 2005. It notes with interest that, according to the data, the number of child workers aged from 5 to 17 years is falling in Ecuador: it dropped from 800,000 in 2001 to around 550,000 in 2005. It notes, however, that although the percentage is also lower, 47 per cent, nearly half the children are aged from 5 to 14 years. Furthermore, 64 per cent work in rural areas, i.e. they are engaged in unpaid family work, which, as the Government observes, makes it more difficult to implement public policy for the gradual elimination of child labour. Furthermore, 47 per cent of working children aged from 5 to 17 years do not attend school. The Committee notes the Government’s statement that the child labour inspection and supervision service has been strengthened since 2004. The inspection staff has been increased and inspectors have received special training. The Committee also notes that the Government has renewed its Memorandum of Understanding with ILO/IPEC until 2007. Moreover, Ecuador participates in the Time-bound Programme (TBP) to eliminate the worst forms of child labour and a number of projects have recently been drawn up under the programme, particularly in the banana- and flower-growing sectors. According to information available at the Office, the Government is in the process of preparing a new national action plan for the elimination of child labour and its worst forms.

In view of the foregoing, the Committee takes due note of the measures taken by the Government to combat child labour. Despite a real improvement, the Committee is bound to note that practice is inconsistent with the legislation and the Convention. The Committee expresses serious concern at the situation of children under 15 years of age who are compelled to work, and again strongly encourages the Government to step up efforts gradually to improve the situation. It asks the Government to provide information on the practical effect given to the Convention, including statistical data on the employment of children and young persons, and reports of the inspection services, indicating the number and nature of infringements reported. The Committee also asks the Government to provide information on the results of the projects implemented in the banana- and flower-growing sectors, particularly with regard to the elimination of child labour in these sectors.

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Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the information sent by the Government to the effect that, under article 67 of the Constitution, public education is compulsory up to the basic level. According to section 37(2) of the Children’s and Young Persons’ Code, public education is compulsory up to the tenth year. According to the Government, no law sets an age of completion for compulsory schooling. However, since in Ecuador primary school begins when the child is 5 years of age, basic education ends when the child is 15. Yet the age specified by Ecuador for admission to employment is 14 years. The Committee is nonetheless of the view that compulsory schooling is one of the most effective means of combating child labour. If these two ages do not coincide, a number of problems may arise. For example, if the age of completion of compulsory schooling is higher than the minimum age for admission to work or employment, children required to attend school may also be legally competent to work and thus be tempted to abandon their studies (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning Minimum Age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III, Part IV(B), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee notes the report Global Child Labour Data Review: A Gender Perspective, published by the ILO in 2004. According to the statistical data in this report, the proportion of boys and girls aged from 10 to 14 years who only study is 57.4 per cent and the proportion of those who work and study is 29.7 per cent. Moreover, 39.1 per cent of boys and girls 10 to 14 years of age are economically active. The statistics also show that the school attendance rate decreases as age increases: 96.4 per cent for children of 11 years of age; 91.1 per cent for children of 12 years of age; 78.7 per cent for children of 13 years of age; and 72.4 per cent for children of 14 years of age. The Committee observes that according to these statistical data, the closer the children are to the minimum age of admission to employment or work (14 years), the lower the school attendance rate. The Committee requests the Government to indicate how compulsory schooling is effectively monitored in practice.

Article 2, paragraph 5. Reasons for specifying a minimum age of 14 years. With reference to its previous comments, the Committee notes from the information sent by the Government that 14 years was set as the minimum age on the basis of custom and in view of the situation in the country. The Committee requests the Government to continue to report, as required by Article 2, paragraph 5, of the Convention, on its decision to specify a minimum age of 14 years.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted in its previous comments that, in order to enlarge on and update the list of jobs which were hazardous and prohibited for minors and children, two national consultations had been held, one with civil society and interested state bodies, including representative organizations of employers and workers, and the other with the indigenous peoples of Ecuador. Following the consultations, regulations were to be drawn up to update the list of jobs prohibited for children, pursuant to section 138 of the Labour Code. The Committee further noted that pursuant to section 87(2) of the Children’s and Young Persons’ Code of 2003, the National Council for Children and Young Persons was to determine the types of work which were dangerous, harmful or hazardous for young persons. The Committee notes the information supplied by the Government that the National Council for Children and Young Persons is currently preparing regulations on types of hazardous work that are prohibited for young people. The Committee hopes that the regulations will be adopted shortly and requests the Government to provide information on progress made in this regard.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Domestic work. In its previous comments the Committee noted that, under section 134(1) of the Labour Code, the minimum age for admission to employment or work does not apply to domestic service. It pointed out that, nevertheless, by virtue of section 82 of the Children’s and Young Persons’ Code of 2003, the minimum age for admission to employment in all types of work applies to domestic service as well, and by virtue of section 91(1) of the Children’s and Young Persons’ Code, young persons carrying out an economic activity in domestic service have the same rights and safeguards as young workers in general. The Committee notes with interest that the Government does not intend to exclude economic activity by children in domestic service from the application of the Convention.

Article 6. 1. Apprenticeships. In its previous comments, the Committee noted that under section 134 of the Labour Code, the minimum age of 14 years for admission to employment does not apply to work carried on in the course of an apprenticeship. It noted that, according to section 158(4) of the Labour Code, apprenticeship contracts for young persons aged from 12 to 17 years must contain a clause showing that the consent of the parents, ascendants or guardians, or else authorization from the juvenile court, has been obtained. Furthermore, under section 90 of the Children’s and Young Persons’ Code of 2003, the apprenticeship contract must contain a clause on the methods whereby knowledge is imparted to the young person, namely, any person from 12 to 18 years of age (section 4 of the 2003 Code). Since no other provision of the Labour Code or the Children’s and Young Persons’ Code of 2003 establishes a specific age for admission to apprenticeship, the Committee inferred that a young person may carry out an apprenticeship from "the age of 12 years". In reply, the Government indicates that it has taken note of the Committee’s comments, without specifying the measures it intends to take. The Committee is therefore bound to remind the Government that Article 6 of the Convention allows work by persons "of at least 14 years of age" in undertakings as part of an apprenticeship course. The Committee again requests the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years carries out an apprenticeship. It also reiterates its request for information on the manner in which apprenticeship programmes are conducted in practice.

2. Vocational training. The Committee noted in its previous comments that, under section 92 of the Children’s and Young Persons’ Code of 2003, boys, girls and young people may engage in training activities in which work is an important component of the overall training. It noted that the activities must be so performed as to be compatible with the health, capacity, physical status and mental development of the boys, girls and young people and must respect their moral and cultural values. It noted that in programmes that include training activities, priority must be given to teaching requirements. In the absence of a reply to these comments, the Committee again requests the Government to provide information on the types of employment or work which are treated as training activities under section 92 of the Children’s and Young Persons’ Code of 2003, including examples of such programmes.

Article 7. Light work. The Committee noted in its previous comments that under section 134(2) of the Labour Code, the juvenile court may authorize work by young persons aged from 12 to 14 years, provided that they have completed the minimum period of compulsory schooling required by law or that they attend evening courses or other basic education courses. The Committee further noted that, under section 134(3) of the Labour Code, the juvenile court may authorize work by minors where it has been demonstrated that they need to work for their own subsistence or that of their parents or ascendants with whom they live, or that of their brothers and sisters who are incapable of working. It also noted that section 82(3) of the Children’s and Young Persons’ Code of 2003 provides that the National Council for Children and Young Persons may, of its own accord or at the request of a public or private body, authorize work by persons under 15 years of age, in accordance with the conditions laid down by the Code, the law or international instruments ratified by Ecuador. The Committee requested the Government to take the necessary steps to ensure that no one under 12 years of age may be allowed to engage in light work and that, where work is authorized from the age of 12 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention.

In reply, the Government indicates that it has noted the Committee’s comments but does not specify the measures it intends to take. The Committee is therefore bound to remind the Government that under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment or work of persons from 12 to 14 years of age on light work, provided that it: (a) is not likely to be harmful to their health or development; and (b) is not such as to prejudice their attendance at school, their participation in vocational guidance or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further reminds the Government that according to paragraph 3 of Article 7, the competent authority shall determine the light work which may be permitted and shall prescribe the number of hours during which, and the conditions in which, it may be undertaken. The Committee again observes that the provisions of the Labour Code and the Children’s and Young Persons’ Code are broader in scope than the Convention allows in Article 7, since they allow normal daily work by persons under the minimum age specified by Ecuador on ratifying the Convention, whereas paragraphs 1 and 4 of Article 7 allow the employment on light work of persons of 12 to 14 years of age. The Committee again requests the Government to take the necessary steps to ensure that no one under 12 years of age maybe allowed to work and that where work is authorized from the age of 12 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 52(1) of the Children’s and Young Persons’ Code of 2003, prohibits participation by boys, girls and young persons (i.e. persons under 18 years of age - section 4 of the 2003 Code) in programmes, advertisements, pornographic productions and performances unsuited to their age. The Committee inferred from that provision that boys, girls and young persons may participate in performances that are deemed suited to their age. In response, the Government indicates that boys, girls and young persons under 14 years of age may participate in artistic performances provided that they are suited to their age. It indicates, however, that the national legislation does not regulate the procedure for authorizing participation in artistic performances or set conditions for such authorization. This is left to the discretion of the persons who have the care of the boys, girls and young persons. While noting this information, the Committee reminds the Government that, under Article 8, paragraph 1, of the Convention, the competent authority may waive the minimum age of 14 years specified by Ecuador for admission to employment or work: after consultation with the organizations’ of employers and workers concerned, it may grant permission in individual cases for such purposes as participation in artistic performances. Under Article 8, paragraph 2, the permits so granted must limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to take the necessary steps to ensure that boys, girls and young persons under 14 years of age who participate in artistic performances have the protection prescribed by Article 8 of the Convention.

Part V of the report form. Application of the Convention. In its previous comments, the Committee observed that Ecuador has the highest child labour rate in Latin America: 32.5 per cent of the population aged from 5 to 9 years and 48.1 per cent of the population aged from 10 to 17 years, in other words, more than a million boys, girls and young persons. Of these, 63 per cent work 40 hours or more a week and some 390,000 young people in work are unable to study. It further noted that, according to a report published by ILO/IPEC South America in July 2001 (Studies and statistics-National diagnosis), Ecuador has made significant progress in standards to regulate the protection of children. It requested the Government to provide detailed information on the measures taken to improve the situation of these children and to send statistical data on the employment of children and young persons. The Committee notes the Government’s statement that Ecuador has always endeavoured to bring together all relevant players, at national and international level, with a view to eliminating child labour. The Committee also notes the statistical information sent by the Government which is drawn from the Survey on child labour in the urban and rural areas, published by the National Institute of Statistics and Censuses (INEC), in August 2001. According to the survey, 111,569 boys and girls aged from 5 to 9 years, and 343,554 aged from 10 to 14 years, are engaged in economic activity in Ecuador. Furthermore, agriculture is the sector with the most child workers aged from 5 to 14 years, with a total of 307,092.

The Committee again observes that, according to the abovementioned statistical data, practice is inconsistent with the legislation and the Convention. It notes in particular the Government’s indication that the child labour situation in Ecuador is worrying and that it will pursue its efforts to combat child labour. The Committee is likewise concerned by the situation of children under 14 compelled to work. The Committee strongly encourages the Government to step up efforts gradually to improve the situation, inter alia by continuing its cooperation with ILO/IPEC. In its previous comments the Committee noted that, according to the document published by IPEC South America (Time-Bound Programme), child labour exists in particular in the following sectors: gold mining, construction, banana, sugar and coffee plantations, and flower growing. The Committee requests the Government to continue to send statistics on the employment of children and young persons, extracts of the reports of the inspection services, particularly inspections in mining, construction, banana, sugar and coffee plantations, and flower growing, and to provide particulars of the number and nature of infringements reported.

In its previous comments, the Committee noted that some of the Labour Code provisions on child labour are inconsistent with the Children’s and Young Persons’ Code of 2003. The Committee notes that the Government confirms that there are disparities between some provisions of the Labour Code and the Children’s and Young Persons’ Code of 2003 and indicates that the inconsistency will be taken into account when the Labour Code is amended and the regulations of the Children’s and Young Persons’ Code are adopted. In order to avoid any uncertainty in law and ensure proper application of the Convention, the Committee is of the view that it is essential to harmonize the national legislation. It hopes that the Government will take the necessary steps in the near future to align the Labour Code and the Children’s and Young Persons’ Code and that in so doing it will take account of the above comments.

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The Committee notes the information supplied by the Government in its first report. It notes with interest that on 28 March 2002, Ecuador renewed until 2007 the Memorandum of Understanding (MOU) concluded with ILO/IPEC, and that it adopted the Children’s and Young Persons’ Code on 3 January 2003.

Article 2 of the Convention. 1. Specification of a minimum age of 14 years. The Committee notes that upon ratifying the Convention, Ecuador specified a minimum age of 14 years for admission to employment or work under Article 2, paragraph 4, of the Convention. In its report, the Government states that the economic and legal reasons for specifying this minimum age still exist and that 14 years must be maintained as the minimum age. The Committee requests the Government to indicate whether consultations have been held with employers’ and workers’ organizations with a view to fixing the minimum age at 14 and, if so, to provide information thereon. It also asks the Government to continue to provide information in its next report on the reasons for its decision to specify a minimum age of 14 years under Article 2, paragraph 5, of the Convention.

The Committee notes that the general conclusions and recommendations of the report of August 2002 concerning the inspection programming workshop on child labour in banana plantations, which the Government sent in 2001 with its first report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), advise prohibiting subcontracted work by minors. The Committee observes that the national legislation does not appear to regulate subcontracted work. It therefore asks the Government to indicate whether the minimum age for admission to employment or work applies to children who carry out subcontracted work.

2. Raising of the minimum age originally specified. The Committee notes that section 134(1) of the Labour Code sets the minimum age for admission to employment at 14 years, as specified by Ecuador when it ratified the Convention. It notes, however, that section 82 of the Children’s and Young Persons’ Code of 2003 sets the minimum age for admission to employment for all types of work at 15 years. The Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for States which raise the minimum age for admission to employment or work initially specified so to inform the Director-General of the International Labour Office by further declarations.

3. Age of completion of compulsory schooling. The Committee requests the Government to indicate the age of completion of compulsory schooling and to send a copy of the relevant provisions of the national legislation.

Article 3. Determination of hazardous work. The Committee notes with interest that under section 138(1) of the Labour Code, women and men of less than 18 years of age may not be employed in industries or in occupations which are deemed to be dangerous or insalubrious, and the latter are to be listed in special regulations. It further notes that section 138(2) of the Labour Code lists the industries to which this prohibition applies. In its first report, the Government indicates that with a view to listing and updating the jobs which are dangerous and prohibited for minors and children, two national consultations have been held, one with civil society and interested state bodies, including organizations representing workers and employers countrywide, and the other with the native peoples of Ecuador. Following the consultations, two reports were produced which will make it possible to update the work prohibited for minors and to draw up regulations, in accordance with section 138 of the Labour Code. The Committee requests the Government to provide a copy of the regulations as soon as they are adopted.

The Committee notes with interest that section 87(1) of the Children’s and Young Persons’ Code of 2003 prohibits work by young persons, namely persons aged from 12 to 18 years (section 4 of the 2003 Code) in areas such as mines, dump sites and the extractive industries and activities such as the handling of explosives or substances which are dangerous for physical development or health, in places where alcoholic beverages are sold and in jobs requiring the use of dangerous machinery. It also notes that pursuant to section 87(2) of the 2003 Code, the National Council for Children and Young Persons will determine the types of work which are dangerous, harmful or hazardous for young persons. In so determining, the Council must take account of the risks to the life and personal safety, health, education, security and overall development of young people. The Committee requests the Government to indicate whether the National Council for Children and Young Persons has determined the types of work which are hazardous and, if so, to provide copies of the relevant legislative provisions.

The Committee requests the Government to indicate whether the list of hazardous jobs provided for in section 138(2) of the Labour Code has been replaced with the one set out in section 87(1) of the Children’s and Young Persons’ Code of 2003, or whether the two lists are complementary.

Article 4. Exclusion from the application of the Convention. The Committee notes that in its first report the Government refers to sections 268-276 of the Labour Code which regulate domestic service. It further notes that under section 134(1) of the Labour Code, the minimum age for admission to employment or work does not apply to domestic service. This suggests to the Committee that the Government wishes to exclude domestic service from the application of the Convention. The Committee notes, however, that under section 82 of the Children’s and Young Persons’ Code of 2003, the minimum age for admission to employment for all types of work applies to domestic service as well. Furthermore, section 91(1) of the Children’s and Young Persons’ Code provides that young persons carrying out an economic activity in domestic service shall have the same rights and safeguards as young workers in general.

The Committee reminds the Government that Article 4, paragraph 1, of the Convention allows the competent authority not to apply the Convention to limited categories of employment or work in respect of which special and substantial problems of application would arise. It also provides that the organizations of employers and workers concerned must be consulted beforehand. The Committee further recalls that under Article 4, paragraph 2, of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion. The Committee therefore requests the Government to state whether, as indicated in its first report, it intends to exclude domestic service from the application of the Convention and, if so, to give the reasons.

Article 6. 1. Apprenticeship. The Committee notes that, under section 134 of the Labour Code, the minimum age of 14 years for admission to employment does not apply to work carried on in the course of an apprenticeship. It further notes that sections 157-168 of the Code regulate apprenticeship. Section 158(4) of the Labour Code provides that for a young person aged 12 to 17 years, the apprenticeship contract must contain a clause showing that the consent of the parents, ascendants or guardians or, failing such consent, authorization from the juvenile court, has been obtained. Furthermore, under section 90 of the Children’s and Young Persons’ Code of 2003, the apprenticeship contract must contain a clause concerning the methods whereby knowledge is imparted to the young person, namely any person from 12 to 18 years of age (section 4 of the 2003 Code). Since no other provisions of the Labour Code or the Children’s and Young Persons’ Code of 2003 establish a specific age for admission to apprenticeship, the Committee understands that a young person may carry out an apprenticeship from the age of 12 years. It reminds the Government, however, that Article 6 of the Convention allows work to be done by persons at least 14 years of age in undertakings as part of a training programme. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carries out an apprenticeship. It also asks the Government to provide practical information on apprenticeship programmes.

2. Vocational training. The Committee notes that under section 92 of the Children’s and Young Persons’ Code of 2003 boys, girls and young persons may engage in training activities in which work is an important component of the overall training. The activities must be so performed as to be compatible with the health, capacity, physical status and mental development of the boys, girls and young persons and must respect their moral and cultural values. In programmes that include training activities, priority must be given to teaching requirements. The Committee requests the Government to provide information on the types of employment or work which are regarded as training activities within the meaning of section 92 of the Children’s and Young Persons’ Code of 2003, including examples of such programmes.

Article 7. Light work. The Committee notes that under section 134(2) of the Labour Code, the juvenile court may authorize work by young persons from 12 to 14 years of age provided they have completed the minimum period of compulsory schooling set in the law, or attend evening courses or other basic education courses. The Committee further notes that under section 134(3) of the Labour Code, the juvenile court may authorize work by minors where it has been demonstrated that they need to work for their own subsistence, or that of their parents or ascendants with whom they live, or that of their brothers and sisters who are incapable of working. Furthermore, section 82(3) of the Children’s and Young Persons’ Code of 2003 provides that the National Council for Children and Young Persons may, of its own accord or at the request of a public or private body, authorize work by persons under 15 years of age, in conformity with the conditions laid down by the Code, the law or international instruments ratified by Ecuador.

The Committee reminds the Government that Article 7, paragraphs 1 and 4, of the Convention allows national laws or regulations to permit persons 12 to 14 years of age to be employed in light work provided that the latter is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee further reminds the Government that under paragraph 3 of Article 7, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee points out that the abovementioned provisions of the Labour Code and Children’s and Young Persons Code are broader in scope than the Convention allows in Article 7, since they allow normal daily work by persons under the minimum age specified by Ecuador on ratifying the Convention, whereas paragraphs 1 and 4 of Article 7 allow the employment in light work of persons 12 to 14 years of age. The Committee accordingly requests the Government to take the necessary steps to ensure that no one under 12 years of age may be allowed to engage in light work and that, where work is authorized from the age of 12 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention.

Article 8. Artistic performances. The Committee notes from the information supplied by the Government in its first report that the legislation makes no provision for the exceptions allowed by this provision of the Convention. It notes, however, that section 52(1) of the Children’s and Young Persons’ Code of 2003 prohibits participation by boys, girls and young persons, namely persons under 18 years of age (section 4 of the 2003 Code), in programmes, advertisements, pornographic productions and performances unsuited to their age. The Committee understands that section 52(1) of the Code allows boys, girls and young persons to participate in performances provided they are deemed to be suited to their age. It reminds the Government that under Article 8, paragraph 1, of the Convention, the competent authority may waive the minimum age of 14 years, specified by Ecuador, for admission to employment or work and, after consultation with the organizations of employers and workers concerned, may grant permission in individual cases for such purposes as participation in artistic performances. It also reminds the Government that under Article 8, paragraph 2, the permits so granted must limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to indicate whether, under section 52(1) of the Code, boys, girls and young persons under 14 years of age may participate in performances provided they are not considered unsuitable for their age and, if so, to provide information on the authorization procedure and the requirements for the grant of permits.

Article 1 and Part V of the report form. The Committee notes that according to the statistical data contained in the report published by the ILO/IPEC in 2001 on child labour and mine work in Ecuador, sent by the Government with its report on the application of Convention No. 182, Ecuador has the highest child labour rate in Latin America: 32.5 per cent of the population aged from 5 to 9 years and 48.1 per cent of the population aged from 10 to 17 years, in other words more than 1 million boys, girls and young persons. Of these, 63 per cent work 40 or more hours a week and more than 390,000 young people in work are unable to study. The Committee also notes that, according to statistics contained in a document published by IPEC South America (Time-Bound Programme), also sent with the Government’s report on the application of Convention No. 182, approximately 400,000 boys and girls who work have not completed their basic education.

The Committee notes with interest that the Government is collaborating with the ILO/IPEC in order to eliminate child labour. In 1997, it established to that end the National Committee for the Gradual Elimination of Child Labour (CONEPTI), made up of the Ministries of Labour and Human Resources, and Education, Culture and Well-Being, and of national employers’ and workers’ organizations, the National Institute for the Child and Family (INNFA) and representatives of the ILO and UNICEF who sit in an advisory capacity. The Committee also notes that according to a report published by IPEC South America in July 2001 (Studies and statistics - National diagnosis), Ecuador has made considerable progress in standards to regulate the protection of children. The Committee observes, however, that according to the abovementioned statistics the practice observed is in contradiction with the legislation and the Convention. It notes in this connection that, according to the document published by IPEC South America (Time-Bound Programme), child labour exists in the following sectors in particular: gold mining, construction, banana, sugar and coffee plantations, and flower growing. It accordingly asks the Government to provide detailed information on the measures taken to improve the situation of these children. It also requests the Government to provide statistical data on the employment of children and young persons, extracts of reports by the inspection services, particularly on inspections carried out in the gold-mining, construction, banana, sugar cane, coffee and flower sectors, and to give details of the number and nature of the contraventions recorded. It trusts that the Government will continue to collaborate with the ILO/IPEC.

The Committee notes that some provisions of the Labour Code that concern child labour are inconsistent with the Children’s and Young Persons’ Code of 2003. The Committee would be grateful if the Government would take the necessary steps to align the Labour Code and the Children’s and Young Persons’ Code of 2003 in order to avoid any ambiguity in law and to ensure proper application of the Convention.