Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Minimum Age Convention, 1973 (No. 138) - Ecuador (Ratification: 2000)

The Committee notes the observations of the Ecuadorian Confederation of Free Trade Unions (CEOSL) received on 10 September 2024.

Articles 1 and 9(1) of the Convention. National policy, penalties and application of the Convention in practice. The Committee notes the Government’s indication in its report that: (1) Ministerial Agreement No. MIES-2023-012 approved the revision of the technical standard of the services for the elimination of child labour through the implementation of a national comprehensive intervention strategy; (2) the objective of this national strategy is to provide comprehensive care to children and adolescents involved in child labour, including hazardous activities; and (3) in 2024, assistance is envisaged for 12,160 children and adolescents in child labour situations. The Committee also notes that, according to the website of the Ministry of Labour, a Child Labour Risk Identification Model (MIRTI) has been developed with the support of the Latin America and the Caribbean Free of Child Labour Regional Initiative, the ILO and the Economic Commission for Latin America (ECLA). The model is a tool to help to identify the areas of the country most susceptible to child labour, with a view to defining where prevention efforts should be concentrated.

In addition, the Committee notes from the Government’s seventh periodic report to the United Nations Committee on the Rights of the Child that: (1) 18,992 public officials, representatives of economic sectors and officials of municipal authorities have received training to raise their awareness of the issue of child labour and hazardous adolescent labour; (2) technical assistance was provided to municipal decentralized autonomous governments on 617 occasions to help them implement public policies, ordinances, administrative decisions and road maps for protection, prevention and eradication efforts in the area of child labour; and (3) ongoing measures are being taken in cooperation with the Latin America and the Caribbean Free of Child Labour Regional Initiative, the ILO and the ECLA, to apply the methodology of the MIRTI in the country’s 24 provinces (CRC/ECU/7, 13 February 2024, paragraphs 160–163).

The Committee notes with concern that in its observations, the CEOSL indicates that: (1) the rate of child labour rose from 9.2 per cent in 2020 to 13 per cent in 2021; (2) the rate of child labour in rural areas was 30.8 per cent while in urban areas it was at 3.1 per cent; and (3) while it appears that the rate of child labour has increased, the Government indicates that the courts of law have not handed down any convictions relating to the application of the Convention. The Committee requests the Government to redouble its efforts to: (i) combat child labour in the context of the implementation of its programmes and projects for the progressive elimination of child labour; and (ii) ensure that those who engage children in violation of the law are prosecuted and duly punished. In this respect, it requests the Government to provide information on: (i) the development of the Child Labour Risk Identification Model (MIRTI) and its application in the country’s provinces; (ii) the implementation of the technical standard of the services for the elimination of child labour and its national comprehensive intervention strategy; (iii) measures taken to strengthen the labour inspection services to improve labour inspectors’ capacities in identifying cases of child labour, including in the informal economy; and (iv) the number and nature of the contraventions found by labour inspectors and the penalties imposed in relation to child labour.

Article 8(2). Artistic performances. With reference to its previous comments, the Committee notes with regret that, once again, the Government has not provided information in this respect. Recalling that it has been raising this issue with the Government since 2023, the Committee urges the Government to take the necessary measures to establish in legislation a system of individual permits for children under 15 years of age who work in activities such as artistic performances, and to limit the hours during which and prescribe the conditions in which such employment or work is allowed.