Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the Signal Confederation of Workers (CUT), received on 1 September 2017.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the various measures taken by the Government for the elimination of child labour, including the setting up of a specific inspection scheme and inter-sectoral strategy actions within the Child Labour Eradication Programme (PETI), as well as the income transfer initiatives, such as the Bolsa Família programme. Other programmes implemented included the Programme of Integral Attention to Families (PAIF) and the Basic Social Protection Programme. Moreover, the Government had designed and implemented the Plan for overcoming extreme poverty – Brazil without misery, which increased the reach of its income transfer programmes by including 1.3 million children and adolescents in the Family Grant conditional cash transfer programme (Brazil Carinhoso) and expanded the maximum number of children entitled to additional benefits from three to five per family. The Committee also noted the information on the activities carried out and results achieved within the framework of ILO–IPEC activities in Brazil, particularly with regard to the elimination of child labour through education. The Committee welcomed the Government’s information that the results of the national household surveys from 1992 to 2012 indicated a drastic reduction in child labour from 8.4 million children (between the ages of 5–17 years) in 1992, to 3.3 million children in 2014.

The Committee notes the information in the observations of the CUT that, according to the recent national household surveys, there was a significant increase (12.3 per cent) in the number of children aged 5–9 involved in child labour from 2014 to 2015. It also indicates that, according to the 2014 data, 65.5 per cent of child labourers were boys and Afro-Brazilian children.

The Committee notes the Government’s information in its report that, with regard to income transfer initiatives, following the adoption of Ordinance No. 318/2016 by the Ministry of Social Development, families with children and adolescents identified as engaged in child labour are included as beneficiaries in the Family Grant Programme, which replaced the income transfer scheme through the PETI. Children and adolescents engaged in child labour receive support from the Living Together and Strengthening Links Program (SCFV) in over 5,000 municipalities. Preliminary data from the Monthly Income Record on the Social Assistance Reference Centres (CRAS) shows that, in 2016, 188,000 families with children and adolescents engaged in child labour were registered at the Service of Protection and Special Attention to Families and Individuals of the Social Assistance Specialized Reference Centre (PEAFI/CREAS). Furthermore, according to the national household survey carried out by the Brazilian Institute of Geography and Statistics (IBGE), the number of children and adolescents (aged 5–15) engaged in child labour fell from 1,405,100 in 2014 to 1,064,117 in 2015. The latter number included an estimated 78,000 children aged 5–9, 333,000 children aged 10–13 and 652,000 adolescents aged 14–15. Among these children, 69.7 percent were boys, 51.9 per cent lived in urban areas, and 53.6 per cent were involved in unpaid labour. On average, child labourers worked 26.7 hours per week.

The Committee also notes that, with the support of ILO–IPEC, the draft National Plan for the Prevention and Eradication of Child Labour and Protection of Working Adolescent is under third revision, and that it is expected to be finalized in July 2018. The Committee further notes that, according to a joint ILO–UNICEF–World Bank report entitled “Understanding Trends in Child Labour” of November 2017, in Brazil, long-term structural changes in the characteristics of the population and the economy made a substantial contribution to the observed changes in child labour and education. Reduced poverty and inequality together accounted for over 14 per cent of the decline in child labour and for over 12 per cent of the rise in school attendance. Bolsa Família, independent of its impact on poverty, accounted for 10 per cent of the decrease in child labour and 17 per cent of the increase in school attendance. Moreover, investments in extending access to public services, which helped reduce the value of children’s time outside the classroom, were responsible for 9 per cent of progress against child labour and 8 per cent of progress in raising school attendance. Welcoming the concrete measures taken by the Government and positive results achieved, the Committee requests it to continue its efforts to ensure the progressive elimination of child labour in the country, with a focus on lower age children, boys and Afro-Brazilian children. It also requests the Government to continue to provide information on the measures taken within the framework of the reformed PETI, the Family Grant Programme and other initiatives, as well as to provide statistical information on the results achieved in this regard. The Committee finally requests the Government to provide information on any progress made regarding the adoption of the National Plan for the Prevention and Eradication of Child Labour and Protection of Working Adolescent, and to provide a copy once adopted.

Article 2(1). Scope of application. In its previous comments, the Committee noted that section 402 of the Consolidated Labour Act excludes from its scope, work by children and young persons in family enterprises, that is, in economic activities for the purpose of family subsistence and maintenance. The Committee also noted from the ILO report of 2013 Decent Work Country Profile – A sub-national perspective in Brazil, that of the estimated 910,000 children under the age of 14 years working in agricultural establishments, 85.6 per cent of them worked in family agriculture. The Government indicated that the fight against child labour in Brazil, through regular inspections and specific programmes for the eradication of child labour, comprised both the formal and informal sectors, including family enterprises. In this regard, the Committee referred to its observation under the Labour Inspection Convention, 1947 (No. 81), that a significant proportion of young persons between 5 and 14 years of age in child labour worked in private households, and this situation restricted intervention by inspectors, on account of the principle of inviolability of the home, apart from the fact that the application of legal enforcement instruments was restricted to formal employment relationships.

The Committee notes the Government’s information that the labour inspectorate is supported by various child and adolescent protection bodies and entities in order to identify violations and conduct interventions in all sectors, regardless of whether there is a formal labour relationship. The Government also indicates that, in order to better plan and monitor the activities to combat child labour, as well as to ensure the transparency of the labour inspection reports, the Information System on Child Labour Hotspots (SITI) was established through cooperation between the Ministry of Labour and the ILO. The SITI identifies child labour hotspots in both formal and informal sectors, as well as occupational risks and their impact on health. From January 2014 to April 2017, 25,815 inspections were carried out, covering 24,213 children and adolescents. However, the Committee notes that, according to the observations of the National Union of Labour Inspectors (SINAIT) under Convention No. 81 of 2017, the labour inspectorate was not able to guarantee its regular operation due to a significant budget cut (50 per cent) in 2017. As a result, the implementation of scheduled activities could only be ensured until July 2017. It further indicates in its observations under the Worst Forms of Child Labour Convention, 1999 (No. 182), of 2017, that labour inspectors do not possess transportation means to carry out a large part of their inspections on child labour in remote or inland rural areas. The Committee further notes that, in its concluding observations of 2015, the Committee on the Rights of the Child (CRC) expressed its concern at the high prevalence of child labour in the informal and agricultural sectors, including unregulated work, street vending, garbage collecting and forced labour under slavery-like conditions on farms (CRC/C/BRA/CO/2-4, paragraph 81). The Committee therefore urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services, in order to ensure that instances of child labour in the informal economy are identified and that children under the age of 16 years who are self-employed or working in family agriculture, benefit from the protection afforded by the Convention. The Committee also requests the Government to continue providing information on the measures taken in this regard and on the results achieved.