Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 15 September 2020; and the FAPUV on 30 September 2020, as well as on the basis of the information at its disposal in 2019. The Committee requests the Government to reply to these observations.

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the penalties imposed for infringements recorded by labour inspectors. It once again requested it to take the necessary steps as soon as possible to ensure that up-to-date statistics on the situation of children and young persons who are working in the country, particularly in hazardous work and the informal economy, are made available. The Committee also requested the Government to provide information on the national measures and policies adopted or contemplated to ensure that all children and young persons, including in the informal economy, benefit from the protection granted by the provisions of the Convention.

The Committee notes in the Government’s report that the supervisory units monitor the application of section 32 of the Basic Act on labour and workers, which lays down the prohibition of the engagement in labour of children under 14 years. Of a total of 18,141 inspections conducted between 2016 and 2018, two cases of child labour were detected, regarding adolescents working with their parents in agriculture. Given that corrective measures were implemented by the employers on those occasions, the Government did not initiate a procedure to impose penalties against them. In that regard, the Committee notes that, in its observations, the CTV expresses concern at the low number of cases of child labour detected which, in its views, does not reflect an appropriate enforcement of section 32 of the Basic Act on labour and workers by the Government.

The Committee notes that the national system of guidance for the comprehensive protection of children and young persons is made up of several action programmes in coordination with the national education system and the national health system, and also notes the national systems entitled “Missions” and “Great Missions”. It notes the inter-ministerial cooperation agreement signed in 2018, between the People’s Ministry for the Social Process of Labour and the Independent Institute of the National Committee for the Rights of Children and Adolescents, aimed at strengthening the monitoring of working conditions of adolescents under the age of 18. This agreement establishes a system of coordination among institutions based on a digital platform, in order to record data related on labour performed by young persons under 18 years.

The Committee notes the number of young persons registered during labour inspections between 2016 and 2018. In 2016, of the 10,076 inspections led, 2,139 cases of adolescents at work were detected (950 girls and 1,189 boys); in 2017, of the 14,691 inspections conducted, 1,879 cases of adolescents at work were detected (887 girls and 992 boys) and in 2018, of the 24,465 inspections conducted, 1,684 cases of adolescents at work were detected (721 girls and 963 boys). The Government underlines in its report that during inspections, no cases were identified of child or adolescent victims of the worst forms of child labour.

The Committee notes that, according to the Government, the children subjected to labour in the informal economy, specifically hawking in open-air markets, popular markets or other places of informal trade activities, are monitored through different programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and by the Children’s and Young Persons’ Protection Councils. In addition, checks on the working conditions of self-employed workers have been incorporated by the People’s Ministry for the Social Process of Labour into the Comprehensive Programme for Agricultural Inspection. This Programme monitors the participation of children and young persons in the informal economy, including their working hours and the consequences of this type of work on their school attendance. According to the Government’s information, of the 446 inspections carried out in family agriculture, child labour does not exceed ten hours and does not interfere with their school attendance. The Committee however notes that, in their observations, the CTV, FAPUV and CTASI express concern about the lack of statistical information available on the number of children engaged in child labour in the informal economy, thus impeding an appropriate assessment of the magnitude of this phenomenon which is increasing, as well as of the implementation of the Convention. Furthermore, in FAPUV and CTASI’s views, child labour seriously interferes with the school attendance of children and young persons. In that regard, the Committee notes that, in its observations, the CTV highlights that, in 2018, the drop-out rate from school was estimated at 58 per cent and is still increasing. The Committee requests the Government to provide updated statistical information on the number of children and adolescents working in the country, including in hazardous work and the informal economy, and information on the number and nature of the infringements detected by labour inspectors, and the penalties imposed in this regard. The Committee also requests the Government to provide detailed information on the actions undertaken and results obtained within the framework of the various programmes, such as the programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and the Children’s and Young Persons’ Protection Councils, which monitor the children involved in informal economy activities, and the action programmes in coordination with the national education system and the national health system, and the national systems entitled “Missions” and “Great Missions”, as well as on their impact on the school attendance and completion rates of children and young persons.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee once again requested the Government to take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee notes that the Government once again highlights that its legislation prohibits all forms of hazardous work to children under 18 years. It also indicates that sections 78 and 89 of the 1999 Constitution of Venezuela and sections 18 and 96 of the Act of 1998 concerning the protection of children and young persons are in line with the 2012 Basic Act on labour and workers. In that regard, the Committee notes that, in CTV’s views, such provisions are not implemented in practice.

Furthermore, even though the Regulations on Occupational Health and Safety of 1973 prohibit hazardous or unhealthy activities to young persons under 18 years, the Committee once again emphasizes that under the terms of section 96 of the Act of 1998 concerning the protection of children and young persons, the national executive authority may determine minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. Further, the Committee once again recalls that the employment of young persons between 16 and 18 years in hazardous work is only authorized subject to the application of strict conditions which ensure their protection and the provision of prior training and is never authorized for young persons under 16 years of age. The Committee once again requests that the Government take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.