Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Brazil (Ratification: 2001)

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee noted the ILO–IPEC information that the operation of a Time-bound Programme, as well as other programmes of action, had created a favourable environment for combating child labour in the country. It also noted that the federal Government, as well as the state and municipal governments, have been collaborating with ILO–IPEC since March 2008, to strengthen the national policy for the elimination of child labour and the worst forms thereof and that a subcommittee of the National Council for the Elimination of Child Labour (CONAETI) was established to review the National Plan for the Prevention and Elimination of Child Labour and Protection of Young Workers. Lastly, the Committee noted that, within the context of the Bahia Decent Work Agenda, the Brazilian authorities and ILO–IPEC had begun implementing a project to make Bahia the first state in the country without child labour.

The Committee notes the Government’s statement that the subcommittee finalized the new National Plan for the Prevention and Elimination of Child Labour and Protection of Young Workers and that this National Plan was approved by CONAETI in April 2010, and by the National Council for Children’s Rights (CONANDA) in May 2010. The Government indicates that the new version is awaiting signature by the Ministers of State concerned by the Plan prior to publication. The Committee notes the information in the ILO–IPEC report on the project “Eliminating the worst forms of child labour in Brazil – Support for the Time-bound Programme on the elimination of the WFCL (Addendum)” of August 2010 that the revised National Plan for the Prevention and Elimination of Child Labour and Protection of Young Workers sets up time-bound targets and assigns national institutions specific responsibilities for implementing programmes and activities. The Committee also notes the information in the Government’s report that it has a specific inspection scheme regarding the elimination of child labour, which is part of the Programme for the Elimination of Child Labour (under the direction of the Ministry of Social Development and Combating Hunger). The Government indicates that, between 2003 and the first half of 2010, a total of 56,460 young persons have been reached through labour inspections. In 2007 and 2009, labour inspections resulted in the regularization of 18,776 children and young persons, who were removed from premature employment and placed under the Child and Youth Protection Network, which includes the possibility of participating in income transfer initiatives, such as the Bolsa Família programme. The Government indicates that, although it has steadily increased the number of labour inspections carried out (from 981 inspections in 2007 to 1,109 in 2008 and 1,240 in 2009), the number of working children detected has decreased, as a result in the overall decline in the number of working children.

With regard to initiatives in Bahia, the Committee notes the information in the ILO–IPEC report for the project “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that the Ministry for the Social Development and Combating Hunger and the Labour Prosecutor’s Office are jointly implementing a mechanism that actively searches and monitors potential child labourers. Measures have also been taken to raise awareness among key partners and to train identification agents in municipalities where the active identification of children in child labour is necessary. This ILO–IPEC report indicates also that 11,993 children in child labour have been identified thus far, and the project has reached 172 per cent more beneficiaries than initially targeted for withdrawal, including 6.02 per cent of all the child labourers in the state of Bahia.

Lastly, the Committee notes the detailed statistical information provided in the Government’s report from the 2008 National Household Sample Survey, conducted by the Brazilian Geographical and Statistical Institute. The Committee notes with interest that child labour has declined steadily in recent years. Between 1992 and 2008, the rate of child labour dropped from 3.6 per cent to 0.9 per cent for children between the ages of 5 and 9 years, and from 21.9 per cent to 9.6 per cent for children between the ages of ten and 15 years. In this respect, the Committee welcomes the measures taken by the Government to abolish child labour, which it considers to be an affirmation of its political will to develop strategies to combat this problem. However, despite the significant progress achieved, the Committee observes that important challenges remain. For example, in 2008, approximately 2,144,770 children aged 5–15 continued to be engaged in child labour (1,447,750 boys and 697,020 girls). The 2008 Household Sample Survey also indicates that, while the percentage of working girls decreased by 25 per cent between 2006 and 2008, the percentage of working boys decreased more slowly (by 18.6 per cent) over this same period. In this regard, the Committee notes that 67.5 per cent of working children in Brazil are boys. The Committee therefore strongly encourages the Government to pursue its efforts to combat child labour in Brazil. It also encourages the Government to pursue its efforts to make Bahia the first state in Brazil without child labour. It requests the Government to continue to provide information on the measures taken in this respect, as well to continue to provide statistical information on the results achieved, particularly with regard to decreasing the number of boys working under the minimum age. Lastly, it requests the Government to provide a copy of the National Plan for the Prevention and Elimination of Child Labour and Protection of Young Workers, once published.

Article 2(1) of the Convention. Minimum age for admission to employment or work. Work performed in streets and public places. The Committee previously noted that section 405(2) of the Consolidated Labour Act states that work performed by a minor between 14 and 18 years of age in streets and other public places must be subject to prior authorization by a juvenile court. The Committee observed that this appeared to permit work in streets or other public places from the age of 14, although the specified minimum age for admission to employment or work is 16 years. It requested the Government to indicate the measures taken or envisaged to ensure that no minor under 16 years of age is admitted to employment or work in the streets or other public places.

The Committee notes with satisfaction the Government’s statement that, as work on the street or other public places is identified on the List of the Worst Forms of Child Labour (Decree No. 6.481 of 12 June 2008), the minimum age for this type of work is 18 years. In this regard, the Committee notes that item 73 of Decree No. 6.481 prohibits persons under 18 from working in the streets or other public places, listing the examples of street vendors, car attendants, tour guides and work involving the transportation of persons or animals.

The Committee is raising other points in a request addressed directly to the Government.