Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C138

Observation

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2021

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Article 2(1) and (3) of the Convention. 1. Age of completion of compulsory schooling. In its previous comments, the Committee observed that there was no specified age of completion of compulsory schooling in Aruba. However, the Committee noted that a State Ordinance on Compulsory Education had been developed. The Committee urged the Government to take measures to adopt the State Ordinance on Compulsory Education, and to ensure that this Ordinance was in conformity with the Convention.

The Committee notes with interest the Government’s indication that the State Ordinance on Compulsory Education (AB 2011 No. 82) was signed into law on 23 December 2011. The Committee notes the Government’s statement that pursuant to section 2 of the State Ordinance, education is compulsory for children between the ages of 4 and 16. The Government also indicates that, under this Ordinance, parents who do not comply with their obligation to ensure that their children attend school may be fined. The Government further indicates that it is taking measures to establish the Bureau on Compulsory Education, which will be responsible for enforcing this new Ordinance, as well as raising awareness among schools and parents on its provisions. The Committee requests the Government to provide a copy of the State Ordinance on Compulsory Education (AB 2011 No. 82), with its next report.

2. Minimum age for admission to employment or work. Referring to its previous comments, in which it noted that the Labour Ordinance of Aruba establishes a minimum age for admission to work of 14 years (pursuant to sections 4(d) and 15), the Committee draws the Government’s attention to Article 2(3) of the Convention, which states that the minimum age specified shall not be lower than the age of completion of compulsory education. Referring to paragraph 370 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school, as they are legally authorized to work. The Committee therefore requests the Government to take measures to raise the minimum age of for admission to employment from 14 to 16 years of age, in order to link this age with the age of completion of compulsory schooling established in the State Ordinance on Compulsory Education.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that section 17(1) of the Labour Ordinance provides that it is prohibited to engage juvenile persons (persons between 14 and 18 years of age) in night work or work of a hazardous nature, which is to be described by a State decree. The Committee noted the Government’s indication that the Committee for the Modernization of Labour Legislation (CMLL) had proposed to eliminate the need for the formal requirement of a decree to determine the types of hazardous work, and to allow the Director of the Labour Department to determine which types of work would fall under this category through official labour policy, which would then be published in the State Gazette.

In this regard, the Committee notes the Government’s indication that the proposal to allow the Director of the Labour Department to determine the types of hazardous work is with the Department of Legislation for technical evaluation and revision. The Government indicates that once this proposal approved, the Labour Department will prepare a policy concerning hazardous work. In this connection, the Committee once again recalls that under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take the necessary measures to ensure that, following the approval of the Department of Legislation, the Director of the Labour Department determines the types of hazardous work at the earliest possible date. It requests the Government to provide information on progress made in this regard, in its next report.

Article 6. Vocational training and apprenticeship. The Committee previously 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. The Committee also noted the Government’s indication that the CMLL had proposed to eliminate the need for the formal requirement of a decree to specify the employment permitted for vocational education or technical training purposes, and to allow the Director of the Labour Department to do so through official labour policy.

The Committee notes the Government’s indication that a proposal is under consideration to provide that the specification of the types of employment permitted for technical training is within the competency of the Director of the Labour Department. The Government indicates that once this proposal is approved, the Labour Department will prepare the corresponding policy. The Committee expresses the firm hope that, following the approval from the Department of Legislation, the Government will take the necessary measures to ensure that the Director of the Labour Department specifies the employment permitted for vocational education or technical training purposes under section 16(a). It requests the Government to continue to provide information on any progress made in this regard.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that 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, had not yet been addressed in the CMLL. The CMLL had, however, proposed to allow the Director of the Labour Department to determine the types of light work through official labour policy, which would then only need to be published officially in the State Gazette.

The Committee notes the Government’s statement that once the Department of Legislation approves the proposal to permit the Director of the Labour Department to determine the types of light work through official labour policy, the Labour Department will begin to prepare such a policy. In this regard, the Committee once again recalls that Article 7(3) of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 13 and 15 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 expresses the firm hope that the Director of the Labour Department will determine the types of light work permitted to children of 13 years and above, provided for under section 16(b) of the Labour Ordinance in the near future. The Committee requests the Government to continue to provide information on developments in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted 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 notes the Government’s statement that labour inspections did not reveal any infractions related to provisions in national legislation implementing the Convention. The Committee also notes the Government’s statement that there is no new information available on the application of the Convention in practice. The Committee encourages the Government to take measures to ensure that sufficient data on the situation of working children in Aruba is made available, such as information on the number of children and young persons working below the minimum age and the nature, scope and trends of their work. It requests the Government to provide this information, when it becomes available.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. It requests the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.