Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Age Convention, 1973 (No. 138) - Venezuela (Bolivarian Republic of) (Ratification: 1987)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that the Bolivarian Republic of Venezuela cooperates with ILO–IPEC and launched several projects for the elimination of child labour and the protection of young workers. It noted that a Pilot Action Plan for Street Children was adopted and that social programmes to eliminate child labour had been implemented. The Committee further noted that the Government launched a programme for the protection of boys, girls and young people (PRONAT) which was aimed at supervising the working conditions of boys, girls and young workers in the formal and the informal sector, thus securing better protection of their health and their personal and social development.

The Committee notes the Government’s information that the Ministry for Participation and Social Protection, jointly with the National Committee for the Rights of Children and Adolescents (IDENA), launched the programme Neighbourhood Children Mission, which is aimed at guaranteeing the rights of children and adolescents, especially those in situations of extreme poverty, in the framework of the goals of the National Economic and Social Development Plan 2007–13. Among the programmes implementing the mission, the Programme for decent work of boys, girls and adolescents (PRODINAT) has been launched in 2008 and is aimed at ensuring the young workers’ labour rights (working time, wages, social security, etc.) in order to progressively abolish child labour and protect the work of adolescents. In 2009, PRODINAT was implemented through five projects in five states, respectively, and benefited in total 427 young workers. The Committee also notes the Government’s information that in 2008 the Ministry of Environment and the Ministry of Participation and Social Protection jointly participated in a project for ensuring decent conditions to people who live and work in the garbage dumps in the outskirts. In this framework, IDENA carried out a rapid assessment on children and adolescents who worked in the garbage dumps in conditions harmful for their health. Following the results of this assessment, the Neighbourhood Children Mission, through its programme Integral Protection Community Centres, took action to address the situation of children and adolescents working in San Vicente. The Committee notes that, according to the 2008 Findings on the Worst Forms of Child Labour in the Bolivarian Republic of Venezuela, Phase I of the Neighborhood Children Mission is planned to offer services to 3,600 vulnerable children, including street children, working children and children at risk of working. Phase II of the programme plans to provide educational, sports and cultural activities to poor children. The Committee appreciates the steps taken by the Government to combat child labour and requests it to continue to provide information on the implementation of the projects referred to above and the results obtained in terms of the progressive abolition of child labour.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to UNESCO statistics for 2005, 92 per cent of girls and 91 per cent of boys attended primary school whereas only 67 per cent of girls and 59 per cent of boys attended secondary school. It noted that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraphs 66–67), the Committee on the Rights of the Child, while welcoming the progress made particularly with regard to enrolment rates and school attendance by disadvantaged children, expressed concern at the low secondary-school enrolment rate of indigenous children, children of African descent and children living in rural areas, and at the high school drop-out rate.

The Committee notes the Government’s information that the increased school attendance rates are the result of policies implemented by the Government in the last ten years, such as the elimination of tuition fees and construction and rehabilitation of school infrastructures. It notes that, according to the statistics from the Ministry of Education provided by the Government, the number of children enrolled in basic education increased from 4,885,779 in 2005–06 to 4,984,453 in 2006–07. The number of children enrolled in secondary education also increased from 671,140 in 2005–06 to 711,305 in 2006–07. Moreover, drop‑outs rates in primary education decreased from 191,454 in 2004–05 to 128,423 in 2005–06. Drop-out rates in the first year of secondary education also slightly decreased from 35,375 in 2004–05 to 35,231 in 2005–06. It also notes that, according to UNESCO statistics for 2007, secondary-school attendance rates increased from 67 per cent for girls and 59 per cent for boys in 2005 to 73 per cent for girls and 64 per cent for boys in 2007. The Committee also notes the Government’s statement that between 2002 and 2007 the percentage of the population living in conditions of extreme poverty decreased from 20.1 per cent to 9.7 per cent. It also notes the Government’s indication that it is developing a policy for social inclusion addressed in particular at vulnerable children and adolescents. This policy aims, inter alia, at increasing school attendance rates and decreasing school drop-out rates. This policy is implemented through various missions, projects and programmes, which have the objective of ensuring the right of all children and adolescents, including indigenous children, to a full education, as well as improving school infrastructures, training teachers and addressing child nutritional issues. These programmes include: the Bolivarian School project; the Bolivarian Secondary Schools project (which especially targets youth living in rural or border areas and indigenous youth); and the Programme of Bilingual Intercultural Education (aimed at training indigenous teachers). The Committee notes that, according to the Government, the Neighbourhood Children Mission through its implementation programmes also addresses the right to education of vulnerable children and adolescents. Furthermore, PRODINAT ensures the rights of child and adolescent workers by integrating in schools those who do not attend school and ensuring time for education to those who attend school.

The Committee notes the measures taken by the Government to increase school enrolment rates and reduce drop-out rates, including through reducing poverty and addressing the situation of vulnerable children such as indigenous children and those living in rural areas. However, it is still concerned at the net school attendance rate, which is lower in secondary education. In view of the fact that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country, especially in secondary education, with special attention to the situation of vulnerable children such as indigenous children, children of African descent and children living in rural areas. In this regard, it requests the Government to supply information on the effective and time-bound measures taken in the context of the abovementioned programmes, to further increase school attendance rates and reduce school drop-out rates. It finally requests the Government to continue to provide updated statistical information on school attendance rates and drop-out rates.

Article 3(1) and (3). Age of admission to hazardous work and authorization to work from the age of 16. The Committee noted previously that section 96(1) of the 1998 Act on the protection of children and young people prohibits the employment of young persons aged between 14–18 years in the types of work expressly prohibited by the law. It nonetheless noted that, under the terms of section 96, the national executive authority may, by decree, determine minimum ages that are higher than 14 years for types of work that are hazardous or harmful to the health of young persons. It also noted the Government’s indication in this connection that the National Institute for Prevention, Safety and Health at Work (INPSASEL) was exploring whether it was necessary to adopt a decree determining minimum ages higher than 14 years and that, once the list of hazardous types of work was adopted, minimum ages would be recommended taking into account the overarching interests and the health of young people. It finally noted the Government’s information that in its research INPSASEL would take account of the provisions of Article 3(1) and (3) of the Convention.

The Committee notes that no information on the results of the INPSASEL’s study is contained in the Government’s report. The Committee understands that no decree fixing an age higher than 14 years for performing types of hazardous work has been adopted so far.

The Committee reminds the Government that, in accordance with Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It also reminds the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16–18. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. The Committee accordingly urges the Government to take the necessary measures to ensure that its legislation is amended so that hazardous work may only be authorized for young persons over 16 years of age, provided that the requirements set forth by Article 3(3) of the Convention are met.

Article 3(2). Determination of types of hazardous work. The Committee previously noted the Government’s information that INPSASEL completed its study on the classification of types of work that are hazardous for children and young persons and that a multidisciplinary team would conduct further studies to determine, on a scientific basis and using test cases, what exactly is to be understood by hazardous work.

The Committee notes the Government’s information that IDENA is studying and elaborating a proposal for a Guide for Prevention for the Classification of types of hazardous work for child and adolescent workers. However, it notes with deep concern that no list of the types of hazardous work appears to have been established. Noting that the Bolivarian Republic of Venezuela ratified this Convention more than 20 years ago, the Committee urges the Government to take the necessary steps to adopt the list of types of hazardous work to be prohibited for children under 18 years at the earliest possible date and requests it to provide information on any progress made in this respect in its next report. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the statement of the International Trade Union Confederation (ITUC) to the effect that child labour was widespread in the informal sector and in non-regulated activities in the country. According to certain estimates, some 1.2 million children were working, particularly in agriculture, the domestic service and as street vendors, and more than 300,000 were working in the informal economy. It noted the Government’s indication that the INPSASEL, together with the inspection service of the Ministry of Labour, were carrying out inspections in the area of child labour both in the formal and in the informal sectors. It also noted that, according to the Government, the implementation of the PRONAT programme showed that there were boys, girls and young people working in the streets or in the agricultural sector and that their activities increased during holiday periods. It further noted the Government’s statement that, notwithstanding the lack of official statistics on the number of children and young people who work, it doubted the accuracy of the ITUC’s estimates on the number of working children.

However, the Committee notes that the Government itself provides no updated statistical information on the global number of children working in the formal and informal economy in the Bolivarian Republic of Venezuela. It further observes that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraph 70), the Committee on the Rights of the Child expressed its concern at the lack of information on the reality and scope of child labour as well as at the number of cases reported on children working in slavery-like conditions. The Committee urges the Government to take the necessary measures to ensure that sufficient data on the number of children and young persons who are engaged in economic activity is made available. It also asks the Government to supply updated statistical information, disaggregated by sex and age, relating to the employment of children and young persons throughout the national territory, including extracts from the reports of the inspections of the Ministry of Labour and the INPSASEL and information on the number and nature of contraventions reported.