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

Minimum Age Convention, 1973 (No. 138) - Guyana (Ratification: 1998)

The Committee notes with regret that, for the fourth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. National policy for the elimination of child labour. National Plan of Action for Children. In its previous comments, the Committee had noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee noted the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

Action plan to eliminate and prevent child labour. The Committee noted with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further noted the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3(2). Determination of hazardous types of work. The Committee had previously requested the Government to indicate whether a list of types of hazardous work had been established and, if so, to supply a copy. The Committee noted with interest the list of 22 hazardous occupations and processes in Guyana submitted by the Government with its report (including mining, construction and factory work, certain farming and agricultural activities, lifting and carrying weights, and exposure to hazardous substances). It also noted that the list was compiled with the due involvement of “key stakeholders”.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act to persons who are not children or young persons, and who are under 18 years, in respect of any occupation or occupations in which the employment of such persons may seem deleterious. The Committee had observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee had observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee noted the Government’s information that no regulations have been made pursuant to section 6(b). It also noted the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee noted the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9(3). Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 of 1999 specifies that a register be kept in places where young persons are employed giving their dates of birth and the dates on which they enter and leave the service of their employer. The Committee had observed that section 2 of the abovementioned Act uses the term “young person” as a person who has ceased to be a child, and who is under the age of 16 years. The Committee had requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9(3) of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee noted the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee noted the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also noted the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0–14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee took note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It noted that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.