Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C138

Observation

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The Committee notes the observations of the Confederation of Workers of Argentina (CTA Workers), received on 11 September 2017, those of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2017.

Article 1 of the Convention. National policy. Application in practice and labour inspection. In its previous comments, the Committee noted that, according to the CGT RA, the legislation on child labour is not applied in practice by employers, particularly in the agriculture and textile sectors, and that a vast campaign of awareness raising and inspection had been launched to target the offending employers and enterprises. The Committee also noted the National Plan for the Prevention and Elimination of Child Labour 2011–15, the objectives of which included the development of a national system for the compilation of statistical data on child labour and promoting the integration of this information into Government measures, as well as the promotion of technical cooperation between the National Committee for the Eradication of Child Labour (CONAETI) and the Provincial Commissions for the Prevention and Eradication of Child Labour (COPRETI) for the development and integration of objectives at the local level.

The Committee notes the observations of the CTA Workers indicating that child labour is far from being eliminated and reiterating the need to reinforce the inspection system, particularly within the country, to ensure effective compliance with the legislation. The CTA Workers raises the problem of the lack of Government statistics on the child labour situation in the country. The CTA Workers adds that the labour inspection services have not issued any penalties for the crime of child labour, despite the 231 criminal charges brought. The Committee also notes the observations of the CGT RA reporting the adoption by the Government of a National Plan for the Eradication of Child Labour and the Protection of Work by Young Persons (2017–21). However, the CGT RA indicates that the National Plan includes certain shortcomings, and particularly the uncoordinated operation of the COPRETIs. The Committee also notes that, according to the CGT RA, there is a lack of coordination between the bodies responsible for detecting child labour and those in charge of dealing with the cases detected. The CGT RA suggests that the National Plan should include a training plan for officers of the justice system to improve their interventions following the detection of cases of child labour.

The Committee notes the Government’s indication in its report that it is working with the security forces and other key actors to raise awareness and train them on matters relating to child labour. The Government adds that it is continuing to provide technical assistance to the COPRETIs with a view to the development of protocols for the detection of child labour and the restoration of their rights. The Committee notes that, according to the Government, various preventive measures have been introduced, including: (i) centres for young persons; (ii) programmes for centres for the promotion of rights; (iii) technical and financial support for provinces, municipal authorities and non-governmental organizations; and (iv) other specific projects to prevent and eliminate child labour. The Government also reports many activities undertaken between 2014 and 2017, including the preparation of information manuals for employers to inform them concerning the law in force and to prevent child labour. In this respect, the Committee notes with interest that, according to the ILO–UNICEF publication on “Child labour in Argentina, public policies and the development of sectoral and local experiments,” between 2004 and 2012, the percentage of children engaged in work between the ages of 5 and 13 years has fallen by 66 per cent, and that there was a fall of 38 per cent for young persons aged 14 and 15. The Committee also notes that, according to the Government, a National Survey of the Activities of Children and Young Persons (EANNA, 2017) is being conducted with a view to understanding the characteristics and extent of child labour in the country. Finally, the Government indicates that, between 2015 and 2017, the labour inspection services identified 102 cases of work by children aged between 10 and 15 years. The Committee notes that these data are disaggregated by age, gender and economic activity, but that the Government does not indicate the penalties imposed. The Committee takes due note of the reduction of child labour in the country and requests the Government to continue its efforts for the progressive elimination of child labour. It requests the Government to provide detailed information on the National Plan 2017–21 and the results achieved. The Committee also requests the Government to provide updated statistical data compiled on the basis of the EANNA 2017, and particularly data on the nature, extent and trends of work by children and young persons under 16 years of age. Finally, the Committee requests the Government to indicate the nature and number of convictions, and the types of penalties imposed by the labour inspection services when cases of child labour are detected. To the extent possible, this information should be disaggregated by age and gender.