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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Venezuela (Bolivarian Republic of) (Ratification: 2005)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes the adoption of the new Act of 2009 concerning military conscription and recruitment, which supersedes the Act of 1979. It observes that section 4 of the Act of 2009 provides that Venezuelan nationals between the ages of 18 and 60 are subject to military obligations. It also notes that forced recruitment is prohibited and subject to penalties (section 7). Moreover, the Committee notes that, even though students undergoing military training are obliged to be entered in the military register, this obligation applies only to persons of military age, namely over 18 years of age (section 59). The Committee also notes the Government’s indication that students in the last two years of secondary education, for whom pre-military instruction is compulsory under section 71 of the Act of 2009, are not required or permitted to participate in armed conflict.

Article 5. Monitoring mechanisms. Further to its previous comments, the Committee notes the information provided by the Government concerning the operation of the labour inspection services. The Committee observes that the labour inspection system is subject to the Ministry of People’s Power for Labour and Social Security and is divided into three major inspection groups. One of the tasks of labour inspectors is to enforce the laws relating to child labour. The Government’s report indicates that this monitoring mainly takes the form of inspection visits to workplaces in the rural and urban sectors. The Committee also notes that the division for investigations and for the protection of children, young persons, women and the family at the Ministry of People’s Power, Internal Relations and Justice focuses its inquiries on violence against women and on the protection of children and young persons. The Committee notes the statistics sent in the Government’s report concerning the number of cases of trafficking, prostitution and pornography involving children and young persons recorded between 2007 and 2010. However, it observes that the Government’s report does not contain any information on the work of the labour inspectorate in the area of monitoring hazardous types of work. The Committee therefore requests the Government to include information in its next report on the scope and nature of violations detected by the labour inspectorate involving children and young persons engaged in hazardous types of work.

Article 6. Programmes of action. “Neighbourhood children’s mission”. In its previous comments the Committee noted that the Ministry of Participation and Social Protection, in conjunction with the National Committee on the Rights of Children and Young Persons (IDENA), launched the “Neighbourhood children’s mission”, a programme aimed at guaranteeing the rights of children and young persons, especially those in situations of extreme poverty. Among the activities implementing the mission, the Committee noted the “Protecting the dignity of working children and young persons” (PRODINAT) programme, launched in 2008, which seeks to ensure young workers’ labour rights, progressively abolish child labour and protect young persons at work. In 2009 PRODINAT took the form of five projects launched in five states, benefiting a total of 427 young workers.

The Committee takes due note of the detailed information sent in the Government’s report concerning the various projects and programmes of action implemented in the context of the “Neighbourhood children’s mission”. It notes, inter alia, the Government’s indication that IDENA provided assistance for a total of 42,446 children and young persons between 2009 and 2010. The Committee requests the Government to continue to provide information on the impact of the measures taken in the context of the “Neighbourhood children’s mission” on the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the information sent by the Government in its report submitted under the Minimum Age Convention, 1973 (No. 138), relating to the measures taken to guarantee access to education for indigenous children and to encourage plurilingual teaching. It notes that, according to the 2010 Education for All Global Monitoring Report published by UNESCO entitled “Reaching the marginalized”, in recent years the Bolivarian Republic of Venezuela has considerably reduced the percentage of children who do not attend school and is close to achieving the goal of education for all, especially because of an improved transition rate from primary to secondary education. According to UNESCO statistics for 2008, the primary-to-secondary transition rate is now 97 per cent. Moreover, statistics for 2009 reveal that the net secondary school enrolment rate has risen substantially since 2002, reaching 75 per cent for girls and 67 per cent for boys. The Committee encourages the Government to pursue its efforts to improve the functioning of the education system, especially at secondary level, giving particular attention to inequalities in access to education based on gender, ethnic origin or region, and requests the Government to continue to provide information on the measures taken in this respect. The Committee also requests the Government to provide recent statistics relating to the school attendance and drop-out rates.

Clause (d). Children at special risk. Street children. In its previous comments the Committee noted that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), the issue of street children was one of the most serious problems in the country. It noted that the “Misión Negra Hipólita” was set up in 2006 to address the situation of vulnerable persons, such as street children. One of its objectives was to remove from the streets, rehabilitate and socially integrate street children and young persons involved in the worst forms of child labour, such as working in garbage dumps. A number of activities were carried out, including an assessment of the situation of children working in garbage dumps. The Committee further noted that various activities were undertaken in 2008 and 2009 in the context of the “Neighbourhood children’s mission” to address the situation of street children, provide care for them as part of protection programmes and ensure their reintegration into their families.

The Committee observes that the Government’s report does not contain any information on the results achieved in the context of the “Misión Negra Hipólita” and the “Neighbourhood children’s mission” in response to the situation of street children. Recalling that street children are at particular risk of involvement in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to protect these children from the worst forms of child labour and once again requests it to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the “Misión Negra Hipólita” and the “Neighbourhood children’s mission”.

Indigenous and Afro-Venezuelan children. The Committee previously noted that the CRC, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), expressed concern that, despite the efforts made by the Government, the situation had not improved sufficiently in the area of the protection of indigenous peoples. It noted the measures taken by the Government to address the situation of indigenous peoples, including through improving their living conditions and promoting their economic and social development. It noted that these measures also cover medical assistance and education. The Committee further noted that the “Programme for the comprehensive protection of children (HOGAIN)”, which addresses the needs of indigenous children, has benefited approximately 24,340 children belonging to various ethnic groups. Finally, in July 2009, IDENA organized the “Day for the comprehensive protection of children and young persons in the areas adjoining the border with Colombia” in the municipality of Rómulo Gallegos in the state of Apure, in order to assist eight indigenous communities in the region and carry out an assessment of their situation. As a result, a total of 950 indigenous persons (190 families, 268 boys, 343 girls and 87 adolescents) received medical and nutritional assistance.

The Committee notes that the Government’s report does not contain any new information on this matter. Noting that indigenous or Afro-Venezuelan children are often the victims of various forms of exploitation and are at risk of becoming involved in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to protect these children from the worst forms of child labour. It requests the Government to provide information on the results achieved in the context of the HOGAIN programme and requests it once again to supply information on the measures taken to protect Afro-Venezuelan children.