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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the joint observations of the Single Confederation of Workers (CUT), the National Forum for the Prevention and Eradication of Child Labour (FNPETI) and the National Union of Labour Inspectors (SINAIT) received on 23 October 2020, and the Government’s replies to these observations. It also notes the observations of the National Association of Labour Justice Magistrates (ANAMATRA) received on 6 December 2021.

Article 1 of the Convention. National policy towards the elimination of child labour and application of the Convention in practice.With regard to its previous comments the Committee notes that the Government indicates in its report that the Third National Plan for the Prevention and Elimination of Child Labour and the Protection of Working Adolescents was finalized and is currently in force. The Plan includes among its objectives: (i) prioritizing prevention and elimination of child labour in political and social agendas; (ii) ensuring quality and free education for all children; (iii) protecting the health of children and adolescents against exposure to work-related risks; and (iv) fostering knowledge about the reality of child labour in Brazil. The Committee also notes that according to the National Continuous Household Survey (PNAD Contínua) (2016–2019) conducted by the Brazilian Institute of Geography and Statistics (IBGE), a total of 1,768,000 children and adolescents were engaged in child labour in 2019. The survey also shows that the number of children and adolescents (5 to 17 years of age) engaged in child labour fell from 5.3 per cent (2,100,000) in 2016 to 4.6 per cent (approximately 1,800,000) in 2019. The Committee further notes that the ANAMATRA highlights that, according to the data of the IBGE, of the total number of children engaged in child labour in 2019, 66.1 per cent were Afro-Brazilian children.

The Committee notes that in response to the observations of the CUT, FNPETI and SINAIT related to the abolition of the National Council for the Elimination of Child Labour (CONAETI), the Government indicates that the CONAETI was re-established by the Decree No. 10.574 of 14 December 2020, as one of the thematic committees of the National Labour Council tasked with monitoring, evaluating and proposing policies on child labour. The composition of the CONAETI is tripartite, with the participation of six representatives of the Federal Government, six representatives of employers and six representatives of workers. The Committee also notes that the CUT, FNPETI and SINAIT observe that no measures have been taken to ensure the continuity of the Programme of Action for the Elimination of Child Labour (PETI). In this regard, the Government indicates that the PETI was redesigned with the aim of enhancing existing social welfare services and to align actions with other public policies to create a multisectoral child labour eradication agenda; and that its redesign did not affect the provision of cash transfers or social work carried out with families, but strengthened management and collaboration in five key areas: information and mobilization, identification, protection, advocacy and empowerment and monitoring. The Government adds that even though the COVID-19 pandemic has made it extremely difficult to keep social welfare services and programmes operational and the social protection network active, 8,843 activities have been carried out throughout Brazil at the state and municipal level under all five PETI areas of focus. The Committee encourages the Government to continue taking measures towards the elimination of child labour, including within the framework of the PETI, and requests it to continue providing information on the results achieved. In this respect, the Committee also requests the Government to provide information on the measures taken or envisaged to reduce child labour among Afro-Brazilian children. Finally, it requests the Government to provide information on the activities of the CONAETI, particularly in relation to the monitoring and evaluation of child labour policies.

Article 2(1). Scope of application. Children working in family enterprises. Following its previous comments, the Committee takes due note of the Government’s indication that section 402 of the Consolidated Labour Act, which excludes from its scope work undertaken by children and young persons in family enterprises, is not an exception authorizing child labour and that it in no way undermines the application of article 7 (XXXIII) of the Federal Constitution, which sets the minimum age at 16 years and prohibits hazardous work for young persons under 18 years. Furthermore, the Government refers to section 67 of the Statute of Children and Adolescent, according to which family workers shall not engage in night work, hazardous work, and work carried out during hours that prevent them from attending school. The Committee notes that, according to the statistical information provided by the Government, 30.9 per cent of children between 5 and 17 years engaged in child labour, work as helpers in family enterprises. The Committee requests the Government to take the necessary measures to ensure that, in practice, children working in family enterprises do not engage in child labour, including in hazardous work, and to provide information in this regard.

Articles 2(1) and 7(1) and (3). Minimum age for admission to employment or work, minimum age for admission to light work and regulation of light work activities. The Committee notes that the ANAMATRA refers to a legislative proposal to amend item XXXIII of Article 7 of the Federal Constitution (PC 18/2011), which aims at reducing the minimum age for admission to employment or work, by authorizing children above 14 years to undertake part-time work for up to 25 hours per week. The Committee notes that the rapporteur of the Parliament Commission of Constitution, Justice and Citizenship, in his report dated 18 August 2021, declared the admissibility of PC 18/2021 highlighting that the Convention permits children who have reached the age of 13 years to undertake light work that is not likely to affect their safety, health and education.

In these circumstances, the Committee emphasizes that the overall objective of the Convention is to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.Moreover, pursuant to Articles 1 and 2, paragraph 1 ofthe Convention, read together, once a minimum age for admission to employment has been specified upon ratification (16 years in the case of Brazil), the Convention provides for the possibility to raise it progressively, but does not allow the lowering of the minimum age once specified. While Article 7(1) of the Convention provides for an exception to the general minimum age by allowing children who have reached 13 years of age to carry out light work, such work cannot prejudice their attendance at school, their participation in vocational orientation or training programmes and their capacity to benefit from the instruction received. Pursuant to Article 7(3) of the Convention, the competent authority shall determine the light work activities and prescribe the number of hours during which and the conditions in which such employment or work may be undertaken.

The Committee observes that the proposed constitutional amendment does not refer to specific light work activities permitted for children from the age of 14 years. Rather, it is broadly drafted so as to permit children to undertake any kind of work or occupation in any sector or in any occupation for up to 25 hours a week. Moreover, in giving effect to Article 7(3) of the Convention, special attention should be given to several key indicators, including the strict limitation of the hours spent at work in a day and in a week, the prohibition of overtime, the granting of a minimum consecutive period of 12 hours’ night rest, and the maintenance of satisfactory standards of safety and health and appropriate instruction and supervision (2012 General Survey on the fundamental Conventions, paragraph 396). The Committee is of the view that authorizing children from the age of 14 to carry out part-time work under such conditions may have a negative impact on children’s school attendance and performance as the time needed for homework related to their education, as well as for rest and leisure could be considerably reduced and therefore may not be considered an authorized exception to the minimum age under the Convention. Therefore, the Committee expresses the firm hope that any legislative proposal to modify the minimum age for admission to employment or to regulate light work activities be considered in light of the above-mentioned provisions of the Convention.

Labour inspection. The Committee notes that the Government enumerates different measures taken by the labour inspectorate to combat child labour in both the formal and informal economy, which include: (i) training for labour inspectors on addressing the various types of child labour; (ii) development of appropriate intervention instruments, including in the informal economy; (iii) inspection operations in child labour hotspots, including in rural areas; and (iv) actions planned in coordination with social partners with a view to the sustainable elimination of child labour hotspots. The Government adds that, as a result of the measures taken, the labour inspectorate found 535 children and adolescents engaged in child labour in the first semester of 2021. A total of 185 children and adolescents were found in child labour in the informal economy during inspections conducted in Maranhão, Espírito Santo, Roraima, Paraíba and Bahia during the same period. The Committee observes, however, that these numbers are still low compared to the overall number of children engaged in child labour in the country (according to the National Continuous Household Survey there were 1,768,000 children). Therefore, while noting the measures taken by the Government, the Committee strongly requests the Government to take the necessary additional measures to strengthen the capacities of the labour inspectorate to effectively detect situations of child labour, particularly in the informal economy, and to provide information about the impact of these additional measures. The Committee also requests the Government to continue providing information on the number of inspections related to child labour that have been carried out, the number and nature of violations detected, the sectors in which they were found, and the penalties applied.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(1) and (3) of the Convention. Hazardous work. The Committee previously noted that section 2(1) of Decree No. 6.481 authorizes the employment of a minor aged 16 or over in hazardous work with the authorization of the Ministry of Labour and Employment, further to consultation with the employers’ and workers’ organizations concerned, provided that the health, safety and morals of the young persons are fully guaranteed. It observed, however, that section 2(1) of Decree No. 6.481 does not indicate whether young persons over 16 years of age must have received adequate specific instruction or vocational training in the relevant branch of activity to receive authorization of the Ministry of Labour and Employment, as specified in Article 3(3) of the Convention.

The Committee notes the Government’s information that pursuant to the Regulatory Standard No. 9-NR 9 published by Ordinance GM No. 3214 of 1978, the employers and companies that employ workers to work on risky activities or in risky environments are required to implement the Programme for the Prevention of Environment Risk (PPRA). According to the Government, the PPRA is a programme that aims to preserve the health and integrity of workers through the anticipation, recognition, evaluation and subsequent control of the occurrence of existing environmental risks at the workplace. The Committee further notes the Government’s indication that according to the standards for the implementation of the PPRA as set out in the Regulatory Standard No. 9-NR 9, employers are required to provide training and mentoring activities to workers in order to reduce or eliminate risks at the workplace.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. National policy and practical application of the Convention. 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 for the elimination of child labour within the Child Labour Eradication Programme (PETI) as well as the income transfer initiatives, such as the Bolsa Família programme. The Committee noted that although child labour had declined over the past years, there remained serious challenges.

The Committee notes from the Government’s report that in 2013, the PETI was reformulated and implemented by Ordinance No. 63 of 2014 with the aim to strengthen the prevention and eradication of child labour through inter-sectoral strategic actions in areas with a high incidence of child labour. Accordingly, a total of 1,032 municipalities were identified as eligible for federal co-financing of the strategic actions of the PETI, 2014.

Moreover, in the first half of 2013, a total of 110,353 families with children and adolescents in child labour were registered for social and monitoring services within the Programme of Integral Attention to Families (PAIF). Furthermore, the child-care services provided to children removed from child labour by the Basic Social Protection Programme was expanded from 3,588 to 5,039 municipalities, covering 1,624,260 children of all age groups. In addition, the Committee notes from the ILO–IPEC project report of September 2013 on “Combating worst forms of child labour (WFCL) and promoting horizontal cooperation in selected countries of South America” that currently, the Bolsa Família programme serves 13.8 million families for a total of 50 million people. The Government report indicates that, in 2013, 310,753 families with children and adolescents in child labour received cash transfers through this programme.

The Committee further notes from the ILO–IPEC report for the project “Support to national efforts towards a child labour-free State, Bahia” of January 2013, that the Government designed and implemented the Plan for overcoming extreme poverty – Brazil without misery, aiming to withdraw 16.2 million Brazilians from extreme poverty through cash transfers and focusing on child labour as one of its priorities. This programme 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.

Lastly, the Committee notes the following information from the ILO–IPEC project report of 2013 regarding the results achieved within the framework of ILO–IPEC activities in Brazil:

• -Within the project “Support to national efforts towards a child labour-free State, Bahia 2008–13”, 16,491 children who were withdrawn or prevented from child labour were rehabilitated through education; and a total of 16,465 families were covered by the Family Grant and Family Health Programmes.
• -Within the project, “Combating WFCL and promoting horizontal cooperation in selected countries of South America 2009–13”, a total of 8,525 children were withdrawn (3,047) or prevented (5,478) from child labour.
• -Within the project, “Programme to reduce WFCL in tobacco-growing communities in Malawi and Brazil, 2012–15”, during January 2012 to December 2013, a total of 2,143 children were prevented from child labour through educational services or training opportunities, and 3,000 children were prevented through other non-education-related services.

The Committee welcomes 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 3.51 million children in 2012, indicating a reduction of 4.9 million (59 per cent) during this period. It notes, however, that according to the 2013 and 2014 national household surveys, although there was a further reduction in child labour in 2013, with 3.1 million children aged 5–17, working in 2014 an increase of 4.5 per cent has been noted, bringing the total number of children working to 3.3 million. Taking due note of the concrete social protection measures and educational initiatives taken by the Government, the Committee requests it to pursue its efforts to ensure the progressive elimination of child labour in the country. It requests the Government to continue providing information on the measures taken in this regard, as well as to continue to provide statistical information on the results achieved, including through the implementation of the reformed PETI, 2014. It also requests the Government to provide information on the impact of the “Plan for overcoming extreme poverty – Brazil without misery” on eliminating child labour.

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. It noted that a majority of children working under the minimum age were working either on a self-employed basis or on an unpaid basis in family enterprises.

The Committee notes the Government’s information that the fight against child labour in Brazil, through regular inspections and specific programmes for the eradication of child labour, comprises both the formal and informal sectors, including family enterprises. In this regard, the Committee refers to its observation of 2013 under the Labour Inspection Convention, 1947 (No. 81), that a significant proportion of young persons between 5 and 14 years of age who work do so in private households, and this situation restricts intervention by inspectors, on account of the principle of inviolability of the home, apart from the fact that the application of legal enforcement instruments is restricted to employment relationships. The Committee further notes 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 work in family agriculture. The Committee accordingly requests the Government to take the necessary measures to adapt and strengthen the capacity and reach of the labour inspectorate services so as to better identify instances of child labour in the informal economy and to guarantee the protection afforded by the Convention to children under the age of 16 years who are self-employed or working in family agriculture. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved.

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

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

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Government had declared the minimum age for admission to employment or work of 16 years, as established in article 7, paragraph XXXIII, of the Federal Constitution and section 403 of the Consolidated Labour Act. However, the Committee also noted that, under section 402 of the Consolidated Labour Act, children who have not yet reached the minimum age for admission to employment or work may work in workshops in which only the child’s family members are employed and which are managed by their father, mother or guardian, with the exception of night work (section 404) and hazardous work (section 405). The Government indicated that section 402 of the Consolidated Labour Act excludes from its scope, work by children and young persons in family enterprises, i.e. in economic activities for the purpose of family subsistence and maintenance. Nonetheless, in response to the Committee’s request to ensure the protection provided for by the Convention to all children, the Government indicated that the functions of the Special Mobile Inspection Group (GEFM) had been modified and the labour inspectors’ scope of action extended to combating child labour. The aim of this reinforcement of the labour inspection system was to remove children and young persons from illegal work, in both the formal and informal economies, and to orientate them towards a social protection network. The Government further indicated that an information system on locations where child labour occurs (SITI) had been set up. The Committee requested the Government to indicate the number of working children under 16 years of age who work on their own account or in the informal economy, who had been withdrawn from their activities and to indicate whether the reinforcement of the labour inspection services enables inspectors to carry out inspections in family enterprises.

The Committee notes the Government’s statement that work within families is not, strictly speaking, subject to labour inspection. The Government also indicates that the SITI system does not record a child’s particular employment status (that is, whether the child is self-employed or not), so it is not possible to provide information on the number of children without an employment contract removed from work. Nonetheless, the Committee observes that the Government’s report provides detailed statistics on the employment status of working children, indicating that there were approximately 167,975 self-employed children in 2007 and 130,505 self-employed children in 2008. Regarding children performing unpaid work, the Committee notes the information in the Government’s report that 47.3 per cent of children between the ages of 5 and 17 do not receive any remuneration. The Government’s report indicates that the majority of children between the ages of 5 and 15 who were performing unpaid work worked in family businesses. The Government further indicates that only 579,299 children between the ages of 5 and 15 were employees. Noting that the majority of children working under the minimum age are working either on a self-employed basis or on an unpaid basis in a family enterprise, the Committee encourages the Government to pursue its efforts to ensure that children working outside of an employment relationship, such as those who work on their own account or in the informal economy, benefit from the protection provided for in the Convention. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

Article 3(1) and (3). Minimum age for admission to hazardous types of work. The Committee previously noted the adoption of Decree No. 6.481 which approves a detailed list of over 90 activities in which it is prohibited to employ young persons under 18 years of age. However, the Committee noted that, pursuant to section 2(1) of Decree No. 6.481, the prohibition on employing young persons under 18 years of age in hazardous work may be lifted under specific conditions. Section 2(1)(1) of Decree No. 6.481 states it is possible to employ a minor aged 16 or over with the authorization of the Ministry of Labour and Employment, further to consultation with the employers’ and workers’ organizations concerned, provided that the health, safety and morals of the young persons are fully guaranteed. Pursuant to section 2(1)(2) of Decree No. 6.481, this authorization must be accompanied by a detailed technical notice, signed by a professional person legally authorized to act in occupational safety and health matters certifying that the young persons will not be exposed to risks which could endanger their health, safety or morals. This technical notice must be filed with the decentralized unit of the Ministry of Labour and Employment of the district in which the work will take place.

The Committee notes the Government’s indication that the filing of the technical notice with the decentralized unit of the Ministry of Labour and Employment is important as it allows, should there be disagreement as to the effective protection of the young persons involved in a activity, the decision to be reviewed by the labour auditor–inspector, who will then take the appropriate legal measures. The Committee once again observes that section 2(1) of Decree No. 6.481 does not indicate whether young persons over 16 years of age must have received adequate specific instruction or vocational training in the relevant branch of activity to receive authorization of the Ministry of Labour and Employment, as specified in Article 3(3) of the Convention. The Committee once again reminds the Government that, under Article 3(3) of the Convention, young persons over 16 years of age may be authorized to perform dangerous work provided that: (a) their health and safety are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to indicate if specific instruction or vocational training is considered in the technical notice by the professional person legally authorized to act in occupational safety and health matters, or in the subsequent review of this notice by the labour auditor inspector, in conformity with Article 3(3) of the Convention.

Lastly, the Committee notes the information in the Government’s report that the subcommittee on bringing the national legislation into conformity with Conventions Nos 138 and 182 commissioned a survey to identify possible gaps in Brazilian legislation on child labour and the protection of young workers with a view to harmonizing legislation with Conventions Nos 138 and 182. The Government indicates that this survey was completed and presented to the subcommittee, which is currently considering options for follow-up steps. The Government indicates that this may include a new bill for submission to National Congress. The Committee expresses the firm hope that any legislation drafted as a result of this survey will take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. It requests the Government to continue to supply information on all progress made in this respect.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

With reference to its previous comments, the Committee notes the Government’s indication to the effect that, further to a number of meetings during which a number of draft laws before National Congress were studied, the subcommittee on bringing the national legislation into conformity with Conventions Nos 138 and 182 will draw up a preliminary draft Act designed to amend Decree No. 4.134, which promulgated Convention No. 138. This preliminary draft will deal in particular with the issues of small enterprises and the family economy. The Committee expresses the firm hope that the preliminary Act which will be drawn up by the subcommittee will take account of the various issues raised below in order to give full effect to the present Convention and requests the Government to supply information on all progress made in this respect.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee previously noted that the Government had declared the minimum age for admission to employment or work as 16 years. It also noted that article 7, paragraph XXXIII, of the Federal Constitution and section 403 of the Consolidated Labour Act prohibit the labour of children under 16 years of age. However, the Committee noted that, under section 402 of the Consolidated Labour Act, children who have not yet reached the minimum age for admission to employment or work may work in workshops in which only the child’s family members are employed and which are managed by their father, mother or guardian, with the exception of night work (section 404) and hazardous work (section 405). The Government indicated that section 402 of the Consolidated Labour Act excludes from its scope work by children and young persons in family enterprises, i.e. in economic activities for the purpose of family subsistence and maintenance. In this type of work there is no employment relationship. Furthermore, according to the Government, even though the national legislation does not give a precise definition of work in a family enterprise, it is clear from article 7, paragraph XXXIII, of the Federal Constitution that the national legislation prohibits the employment of persons under 16 years of age, with the exception of apprentices aged 14 years. However, in view of the absence of an effective legal instrument, the direct intervention of labour inspectors to combat this form of child labour is hindered, especially as the administrative notes on the Consolidated Labour Act and the actual provisions of the latter, which may be used by inspectors in discharging their functions, only cover workers engaged in an employment relationship.

The Committee pointed out that it understands from this information that, according to the hierarchy of legal standards, article 7, paragraph XXXIII, of the Federal Constitution prevails over the other provisions of the labour legislation with regard to the minimum age for admission to employment or work and that, accordingly, no person under 16 years of age may work, with the exception of 14‑year-old apprentices. The Committee nevertheless observed that, since section 402 of the Consolidated Labour Act is still in force and labour inspectors cannot legally monitor child labour in family enterprises, children may work under the minimum age for admission to employment. However, children who engage in an economic activity without an employment contract must enjoy the protection provided for by the Convention. The Committee asked the Government to take the necessary steps to grant the protection provided for by the Convention to all children and to adopt measures enabling the labour inspection services to inspect children engaged in economic activity on their own account, such as in family enterprises.

In this regard, the Government indicates that the Ministry of Labour and Employment has modified the functions of the Special Mobile Inspection Group (GEFM) and extended labour inspectors’ scope of action to combating child labour. Child labour has become a mandatory part of rural and urban inspections. The aim of this reinforcement of labour inspection is to remove children and young persons from illegal work, in both the formal and informal economies, and to orientate them towards a social protection network in order to reintegrate them into society. This action covers the whole of the national territory. The Government also points out that an information system on locations where child labour occurs (SITI) has been set up. SITI contains detailed information on locations where child labour occurs, including the worst forms thereof, in both the formal and informal economies. The Committee duly notes this information and requests the Government to indicate the number of working children under 16 years of age without an employment relationship who have been withdrawn from their activities, such as those who work on their own account or in the informal economy, further to the intervention of the labour inspection services. Since a large number of children work in family enterprises, the Committee also requests the Government to indicate whether the reinforcement of the labour inspection services enables inspectors to carry out inspections in family enterprises and, if so, to indicate the number of children under 16 years of age who have been withdrawn from their activities.

2. 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, which is responsible for verifying that the occupation is essential for the subsistence of the minor or that of his or her parents, grandparents or siblings, and that it is not harmful to his or her moral development. The Committee noted that, under the terms of this provision, children aged 14 or over may be admitted to employment or work in streets or other public places even though the specified minimum age for admission to employment or work is 16 years. Noting once again the lack of information from the Government on this point, the Committee urges 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.

Article 3, paragraphs 1 and 3. Minimum age for admission to hazardous types of work. In its previous comments the Committee noted that section 1 of Order No. 20 of 13 September 2001 on labour inspection [Order No. 20/2001] prohibits the employment of young persons under 18 years of age in the activities set out in Schedule 1. It noted, however, that section 1(1) of Order No. 20/2001 states that this prohibition may be lifted subject to a reasoned opinion from an approved occupational safety and health expert stating that there is no exposure to risks which might endanger the health and safety of the young person. The Committee observed that section 1(1) of Order No. 20/2001 is not in conformity with Article 3(3) of the Convention. In this regard, the Government stated that the National Council for the Elimination of Child Labour (CONAETI) was examining Order No. 20/2001.

The Committee notes with interest the adoption of Decree No. 6.481 of 12 June 2008 [Decree No. 6.481], which approves a detailed list of over 90 of the worst forms of child labour in which it is prohibited to employ young persons under 18 years of age. It also notes that Order No. 20/2001 has been abolished by Order No. 88 of 28 April 2009.

However, the Committee notes that, under section 2(1) of Decree No. 6.481, the prohibition on employing young persons under 18 years of age in hazardous work may be lifted. Hence, under the terms of paragraph 1 of section 2(1), it is possible to employ a minor aged 16 or over with the authorization of the Ministry of Labour and Employment further to consultation with the employers’ and workers’ organizations concerned, provided that the health, safety and morals of the young persons are fully guaranteed. Moreover, according to paragraph 2 of section 2(1) of Decree No. 6.481, this authorization must be accompanied by a detailed technical notice, signed by a professional person legally authorized to act in occupational safety and health matters certifying that the young persons will notice be exposed to risks which could endanger their health, safety or morality. This note must be filed with the decentralized unit of the Ministry of Labour and Employment of the district in which the work takes place.

The Committee reminds the Government that under Article 3(3) of the Convention, young persons over 16 years of age may be authorized to perform dangerous work provided that their health and safety are fully protected and they have received adequate specific instruction or vocational training in the relevant branch of activity. However, the Committee notes that section 2(1) of Decree No. 6.481 is not fully in line with Article 3(3) of the Convention. Even though section 2(1) gives effect to the first condition laid down by this provision of the Convention, namely that the health and safety of the young persons concerned are fully protected, it does not state that young persons over 16 years of age must have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to take the necessary steps to bring the national legislation into conformity with Article 3(3) of the Convention and to prescribe that young persons over 16 years of age may be authorized to perform hazardous work provided that they have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 6. Apprenticeships. With reference to its previous comments, the Committee notes the information supplied by the Government, particularly the statistics concerning the number of apprentices registered between January and May 2008 throughout the territory of Brazil. It also notes the Government’s statement to the effect that a national apprenticeship register has been created, designed to include qualified technical and vocational training bodies.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that the National Council for the Elimination of Child Labour (CONAETI) was analysing the reports of the organizations and agencies involved in implementing the National Plan for the prevention and elimination of child labour with a view to the adoption of a new plan. It also noted the implementation of the Time-bound Programme (TBP) and other programmes of action concerning hazardous agricultural activities, particularly in the context of a family-run enterprise, work in the informal economy and child domestic labour. The Committee further noted the statistics relating to a household survey carried out by the Brazilian Institute of Geography and Statistics (IBGE) in 2004. These statistics revealed that between 2002 and 2004 the number of working children between 5 and 16 years of age fell by approximately 450,000. Although indicating a decrease in child labour, the statistics showed that 5.4 million children and young persons between 5 and 17 years of age were working during the reference week for the study. In this regard the Government indicated that the majority of children and young persons work in family enterprises where it is very difficult for inspectors to carry out their work. The Committee asked the Government to supply information on the way in which the Convention is applied in practice.

In its report the Government indicates that the “National Plan for the prevention and elimination of child labour and the protection of young workers” is currently being reviewed by a CONAETI subcommittee set up for the purpose and the National Council for Children’s Rights (CONANDA), in order to incorporate new policies and redefine the objectives and deadlines for implementation of the plan. Once it has been drawn up, the new plan will be submitted to public consultation. The Government also indicates that a subcommittee for international affairs relating to child labour and South–South cooperation has been set up in order to encourage international cooperation in the field of child labour.

The Committee duly notes that, according to the information contained in the last (December 2008) ILO–IPEC report on the TBP (2008 ILO–IPEC final evaluation report), between 2003 and 2008 a total of 10,807 children benefited from the programme, with 5,251 prevented from engaging in the worst forms of child labour and 5,556 removed from the worst forms of child labour. The Committee notes with interest that, according to the 2007 statistics of the national household survey (PNAD) available to ILO–IPEC, the number of working children and young persons between 5 and 17 years of age is 4,829,223, which indicates a reduction of more that 570,000 since 2004.

Moreover, the Committee duly notes that, according to the 2008 ILO–IPEC final evaluation report, the TBP has created a favourable environment for combating child labour. It also notes that the federal government and 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. Hence, in the context of the Bahia Decent Work Agenda, the Brazilian authorities and ILO–IPEC have implemented a national aid project to make Bahia the first state in the country without child labour. The project is in its early stages. Furthermore, other triangular South–South cooperation projects designed to prevent and eliminate child labour in the Americas are in the process of being approved.

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. Nevertheless, it observes with concern the situation of children in Brazil who are forced to work out of necessity. Indeed, despite a reduction in child labour since the ratification of the Convention in 2001, abolition of child labour remains a major challenge for Brazil. It therefore strongly encourages the Government to redouble its efforts to improve the situation. In this respect, it requests the Government to supply information on the measures taken within the framework of the national aid project to make Bahia the first state in the country without child labour and the various triangular South–South cooperation projects designed to prevent and eliminate child labour in the Americas, particularly regarding the abolition of child labour, and also the results achieved. Moreover, the Committee requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including, for example, statistics disaggregated by sex and age relating to the nature, scope and trends in the labour of children and young persons working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services. Finally, it requests the Government to send a copy of the new “National Plan for the prevention and elimination of child labour and the protection of young workers”, once it has been drawn up and adopted.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in its report to the effect that, in the context of the process of bringing the national legislation into conformity with Conventions Nos 138 and 182, a special  subcommittee has been established to examine shortcomings in the national legislation. The Committee hopes that the Government will submit to the special  subcommittee the various issues raised below so that they can be taken into account in its work and it requests the Government to provide information on any new development in this respect.

Article 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee noted that when ratifying the Convention the Government had specified a minimum age of 16 years for admission to employment or work and that certain provisions of the national legislation prohibited child labour under 16 years of age, including article 7, paragraph XXXIII, of the Federal Constitution of 1988 and section 403 of the Consolidated Labour Act. The Committee however noted that, under the terms of section 402 of the Consolidated Labour Act, children who have not reached the minimum age specified for admission to employment or work, namely 16 years, may work in workshops in which only the child’s family members work and which are under the management of their father, mother or guardian, with the exception of work at night (section 404) and hazardous work (section 405). The Committee requested the Government to clarify the interpretation of section 402 of the Consolidated Labour Act.

In its report, the Government indicates that section 402 of the Consolidated Labour Act excludes from the scope of the Act work by children and young persons in workshops in which only the child’s family members work and which are under the management of the father, mother or guardian, commonly termed work in family enterprises, that is economic activities intended for the subsistence and maintenance of the family. In this type work, there is no employment relationship. The Government adds that, although the national legislation does not define precisely work in a family enterprise, it may be inferred clearly from article 7, paragraph XXXIII, of the Federal Constitution of 1988 that the national legislation no longer contains provisions permitting the employment of workers under 16 years of age, with the exception of apprentices aged 14. The Government nevertheless indicates that, in view of the absence of effective legal provisions, the direct intervention of labour inspectors to combat this form of child labour is hindered, particularly since the administrative instructions on the provisions of the Consolidated Labour Act which can be used by inspectors to discharge their functions only cover workers benefiting from an employment relationship. It is therefore impossible for them to register as an offence cases in which parents work with children under 16 years of age in family enterprises. In this context, if labour inspectors, during the course of their duties, discover the existence of child labour in family enterprises, they have to report them to the Supervisory Council, as provided for in the Statute of the Child and Adolescent.

The Committee takes due note of the information provided by the Government. It understands from this information that, in accordance with the hierarchy of legal standards, article 7, paragraph XXXIII, of the Federal Constitution of 1988 prevails over the other provisions of the labour legislation in relation to the minimum age for admission to employment or work and that, accordingly, no person under 16 years of age may work, with the exception of apprentices of 14 years of age. The Committee nevertheless observes that, as section 402 of the Consolidated Labour Act is still in force and labour inspectors cannot legally engage in the monitoring of child labour in family enterprises, children may work under the minimum age for admission to employment. It also observes that children engaged in an economic activity without a contractual employment relationship need to benefit from the protection envisaged by the Convention. The Committee therefore requests the Government to take the necessary measures to grant the protection envisaged by the Convention to all children. In this respect, it would be grateful if the Government would adopt measures as soon as possible to permit the labour inspection services to target children engaged in an economic activity on their own account, particularly in family enterprises.

2. Minimum age for admission to employment or work. Work performed in streets and public places. The Committee noted previously that section 405(2) of the Consolidated Labour Act provides that work performed by a minor of between 14 and 18 years of age in streets and other public places shall be subject to prior authorization by the Juvenile Court, which is responsible for verifying that the occupation is essential for the subsistence of the minor or that of her or his parents, grandparents or siblings, and that the occupation does not prejudice the moral development of the child. The Committee noted that, under the terms of this provision, children from 14 years of age may be admitted to employment or work in streets and other public places even though the specified minimum age for admission to employment or work is 16 years. Noting the absence of information from the Government on this point, the Committee once again requests it to indicate the measures adopted or envisaged to ensure that no minor under 16 years of age is admitted to employment or work in the streets or in other public places.

Article 3, paragraphs 1 and 3. Minimum age of admission to hazardous types of work. In its previous comments, the Committee noted that section 1 of the Labour Inspection Order No. 20 of 13 September 2001 [hereinafter, Order No. 20/2001] prohibited the employment of young persons under 18 years of age in the activities enumerated in Schedule 1. It however noted that section 1(1) of Order No. 20/2001, as amended by Labour Inspection Order No. 4 of 21 March 2002, provided that this prohibition may be lifted subject to a reasoned expert opinion by a legally qualified occupational safety and health professional stating that there is no exposure to risks which might jeopardize the health and safety of the young person. The Committee noted that section 1(1) of Order No. 20/2001 was not in conformity with Article 3, paragraph 3, of the Convention since, firstly, authorization may be granted for all young persons under 18 years of age and, secondly, there is no provision requiring that the young persons concerned have received prior instruction or adequate specific vocational training in the relevant branch of activity. The Committee requested the Government to indicate the measures taken to amend section 1(1) of Order No. 20/2001 to bring it into conformity with Article 3, paragraph 3, of the Convention. The Committee noted the information provided by the Government that the National Council for the Elimination of Child Labour (CONAETI) is examining Order No. 20/2001. The Committee hopes that the CONAETI will take into account the above comments and that measures will be taken to bring section 1(1) of Order No. 20/2001 into conformity with Article 3, paragraph 3, of the Convention, by permitting the authorization of employment or work by young persons from the age of 16 years in hazardous types of work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 6. Apprenticeship. With reference to its previous comments, in which it requested the Government to take the necessary measures to ensure that young persons of 14 years of age and above involved in apprenticeship carry out their work under the supervision of a qualified and official technical and vocational training institution, the Committee notes with interest the amendments made to the national legislation in relation to apprenticeship contracts. The Committee notes in particular that section 11 of Decree No. 5598 of 1 December 2005 provides that young apprentices may not be engaged in hazardous types of work prohibited by the law. It further notes the information provided by the Government that procedures to facilitate the implementation of the legislation on apprenticeship have been adopted. The Committee requests the Government to provide more detailed information on the application in practice on the new legal system of apprenticeship with an indication of the number of child apprentices.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information provided by the Government in its report. In particular, it notes that a number of the provisions of the national legislation regulating child labour have been amended.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the National Council for the Elimination of Child Labour (CONAETI) had drawn up a National Plan for the Prevention and Eradication of Child Labour and it requested the Government to provide a copy of the Plan and the results achieved through its implementation. The Committee notes the information provided by the Government that the CONAETI is currently examining the reports of the organizations and agencies that are engaged in the implementation of the National Plan for the Prevention and Eradication of Child Labour. Once the analysis has been completed, the results will be transmitted to the Office.

The Committee noted previously that a Time-bound Programme (TBP) had been launched in October 2003 and would contribute to the development of programmes and activities essential for the establishment of the conditions required for the elimination of child labour in Brazil, including its worst forms. The Committee also noted that several action programmes targeting hazardous agricultural activities (particularly household agricultural activities), work in the informal economy and child domestic labour were to be implemented. In this respect, the Committee notes that, according to the ILO/IPEC evaluation reports, activities have been organized to raise the awareness of the population concerning child labour and its worst forms, education projects have been established and legislative measures adopted in relation to the most vulnerable children and young persons.

In relation to statistical data, the Committee noted previously that, while statistics showed that child labour had fallen between 1992 and 2001, the application of the legislation on child labour appeared to be encountering difficulties and child labour remained a problem in practice. The Committee expressed serious concern over the situation of children under 16 years of age who were compelled to work. It requested the Government to provide information on the measures taken since 2002 to harmonize progressively the de facto situation and the law. In this respect, the Committee notes with interest the statistical data provided by the Government in its report, which are based on the household survey carried out by the Brazilian Institute of Geography and Statistics (IBGE) in 2004. It notes that 5.4 million children and young persons between 5 and 17 years of age worked during the reference week. Of this number, over 4.5 per cent were aged between 5 and 9 years and over 34.4 per cent were between 10 and 14 years of age. Furthermore, the statistics show that between 2002 and 2004 the number of children between 5 and 9 years of age engaged in work fell by over 54,700. With regard to young persons between 10 and 15 years of age engaged in work, the number fell by around 311,000 and the number of young persons of the same age seeking work also fell by 380,000. Finally, with regard to young persons aged 15 years, the number also fell by over 83,000. In total, the number of children engaged in work between the ages of 5 and 16 years fell by around 450,000.

In its report, the Government indicates that the minimum age for admission to employment or work has been raised from 14 to 16 years. It adds that, although it is desirable for these children only to attend school instead of working, particularly for reasons of family necessity and delays in their studies, the possibility that children are engaged in work has to be taken into consideration. The majority of children and young persons who work do so in family enterprises, where it is very difficult for inspectors to fulfil their mission. According to the survey referred to above, in the case of children between 5 and 9 years of age, around 70 per cent of them are not paid when they perform work in the family enterprise for the subsistence of the family. However, according to the Government, this has to be seen in the context that around 5 per cent of these children do not attend school. The Government adds that since 2006 children have to be admitted to school from the age of 6 and attend school up to the age of 15 years. With regard to young persons between 10 and 14 years of age, they mainly work in family enterprises or in production activities for their own consumption. The Government also indicates that efforts have to be made in the field of education.

The Committee notes with interest the efforts made by the Government to combat child labour and strongly encourages it to pursue its efforts with a view to progressively improving the situation. The Committee requests the Government to continue providing detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data disaggregated by sex and age on the nature, extent and trends in child labour and work by young persons under the minimum age specified by the Government when ratifying the Convention or in hazardous work, together with extracts of the reports of the inspection services. It further requests the Government to provide information on the measures taken for the implementation of the various action programmes established in the context of the TBP, with particular reference to measures to combat child labour, and the results achieved. Finally, it requests the Government to provide the results of the study undertaken in the context of the National Plan for the Prevention and Eradication of Child Labour when it has been completed.

The Committee is also addressing a request directly to the Government on other specific points.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. It requests the Government to provide more information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee notes that, at the time of ratification, the Government specified a minimum age of 16 years for admission to employment or work within its territory and means of transport registered in its territory. In this regard, the Committee notes that, by virtue of article 7, paragraph XXXIII of the Federal Constitution of 1988, as amended by Constitutional Amendment No. 20 of 15 December 1998, work by children under the age of 16 years is prohibited. It also notes that, under the terms of section 403 of the Consolidated Labour Act, as amended by Act No. 10.097/2000, and section 60 of the Statute of the Child and Adolescent, Act No. 8.069 of 13 July 1990, as amended by Amendment No. 20 of 1998, work by children under 16 is prohibited. However, the Committee observes that section 402 provides that children under the specified minimum age for admission to employment or work of 16 years could work in workshops in which only the child’s family members work and which is under the management of the father, mother or guardian, except for working at night (section 404), in hazardous work (405) and overtime (section II).

The Committee reminds the Government that by virtue of Article 2, paragraph 1, of the Convention, the minimum age for admission to employment or work shall apply to employment or work in any occupation, subject to Articles 4 to 8 of this Convention. In this respect, the Government indicates that the constitutional provisions on the minimum age for admission to employment or work and the prohibition on unhealthy, dangerous or night work for children under the age of 18 years applies to all and to any work, and there are no exceptions whatsoever under the Constitution. According to the Government, the main reason is that the Federal Constitution prohibits any work by children under the age of 16 except, of course, as apprentices from the age of 14 years. Thus, there is nothing at the infra-constitutional level which authorizes work below the established legal age or in conditions harmful to the heath, safety or morality of children and young persons. The Committee understands from the explanations of the Government that only children of 14 years and above may, as apprentices, work in workshops in which only the child’s family members work and which is under the management of the father, mother or guardian. The Committee asks the Government to clarify its interpretation of section 402 of the Consolidated Labour Act indicating from what age children may work in workshops in which only the child’s family members work and which is under the management of the father, mother or guardian. It also asks the Government to specify in what type of workshops children may work indicating their conditions of work.

2. Minimum age for admission to employment or work. (i) Work performed in streets, squares and other public places. The Committee notes that subsection (2) of section 405 of the Consolidated Labour Act provides that work performed by a minor (a worker aged from 14 to 18 years - section 402) in streets, squares and other public places shall be subjected to prior authorization by the Juvenile Court, which is responsible for verifying that the occupation is essential to the minor’s own subsistence or that of his parents, grandparents or siblings and that the occupation cannot prejudice his moral development. The Committee observes that, by virtue of subsection (2) of section 405, children from 14 years of age may be admitted to employment or work in streets, squares and other public places. However, as indicated above, upon ratifying the Convention, Brazil specified 16 years as the minimum age for admission to employment or work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no minor under 16 years of age shall be admitted to employment or work in streets, squares and other public places.

(ii) Interdiction to lower the minimum age once declared. The Government indicates that the Federal Supreme Court, the highest organ of the judicial power, heard a direct action for unconstitutionality, with an application for preliminary proceedings, by the National Confederation of Workers in Industry (CNTI) against Constitutional Amendment No. 20 of 1998, which raised the minimum age for admission to employment or work from 14 to 16 years. The CNTI is the highest official trade union body in the country representing the category of workers in the metallurgical industries. In its application, the CNTI argues that Constitutional Amendment No. 20 of 1998, in raising the minimum age for admission to employment or work, violates the fundamental objectives of the Federal Republic of Brazil set out in article 3 of the Federal Constitution which are, inter alia: (III) to eradicate poverty and marginalization and reduce social and regional inequalities; and (IV) to promote the well-being of all, without prejudice on grounds of origin, race, sex, colour, age or any other forms of discrimination. The CNTI declares that the Government is helping to increase hardship and poverty by preventing children who need to work to support themselves and, very often, their families. In this regard, the Government indicates that the case has not been decided by the Federal Supreme Court, since the preliminary application was refused. The Government also indicates that the National Congress is debating constitutional amendments that seek to reduce the minimum age of employment. Moreover, the Government reports information about certain decisions of the Children and Juvenile Courts. According to this information, the Children and Juvenile Courts, in cases of warrants in situations contrary to the Federal Constitution and other legislation, adopt the following interpretations: the unconstitutionality of Amendment No. 20 of 1998, which raised the minimum age to 16 years, holding that the amended provision, paragraph 33 of section 7 of the Federal Constitution, is an inalienable provision and thus cannot be altered by constitutional amendment. Additionally, in some cases the warrant contains not only an authorization to work but also an order that the Labour Inspectorate should not apply sanctions against the employer. Noting the information provided by the Government, the Committee recalls that, upon ratifying the present Convention, Brazil duly specified the minimum age of 16 years. It also recalls that Article 2, paragraph 2, of the Convention foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared. The Committee hopes that the Government will take the necessary measures to keep the minimum age for admission to employment or work at 16 years, as specified upon ratification. It asks the Government to continue reporting on any development in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to section 32 of Act No. 9.394 of 20 December 1996, basic education starts at the age of 7 years (end of infant education at 6 years) and lasts for eight years. Hence, compulsory education in Brazil ends at the age of 14 years, and the declared minimum age of 16 years is therefore higher than the end of compulsory education. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention is fulfilled since the minimum age for employment, namely 16 years for Brazil, is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see the ILO General Survey of 1981 on minimum age relating to Convention No. 138 and Recommendation No. 146, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILO, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. According to the Government’s information, the age of completion of compulsory schooling of 14 years is consistent with work under an apprenticeship scheme from the age of 14 years and it is harmonized with the provisions of Article 6 of the Convention. However, the Committee is of the view that the gap between the age of completion of compulsory schooling of 14 years and the minimum age for admission to employment or work of 16 years could lead to a practical difficulty for children who do not continue with higher secondary education or who do not work under an apprenticeship scheme from the age of 14 years. Noting the information provided by the Government, the Committee hopes that the Government will indicate any new developments on this point.

Article 3, paragraphs 1 and 3. Minimum age for admission to the types of hazardous work. By virtue of article 7, paragraph XXXIII, of the Federal Constitution, night work, dangerous or unhealthy work is prohibited for children under the age of 18 years. According to section 403 of the Consolidated Labour Act, as amended by Act No. 10.097 of 19 December 2000, a minor (a worker aged from 14 to 18 years - section 402) may not work in places harmful to his education, physical, mental, moral and social development and at times and in places which would prevent attendance at school. Moreover, section 405 of the Consolidated Labour Act states that minors are not permitted to work: (1) in dangerous or unhealthy locations or services as set out in the table approved for this purpose by the Labour Inspectorate; and (2) in locations or services prejudicial to their morality. Section 1 of Labour Inspectorate Order No. 20 of 13 September 2001, as amended by Labour Inspectorate Order No. 4 of 21 March 2002, states that children under the age of 18 are prohibited from work in the activities listed in Annex 1. However, subsection (1) of section 1 of Labour Inspectorate Order No. 4 provides that the prohibition may be lifted subject to a reasoned expert opinion by a legally qualified occupational safety and health professional stating that there is no exposure to risks which might compromise the health and safety of the young person, which must be deposited with the Ministry of Labour and Employment in the district where the activities are carried out. According to the Government, the authorization introduced by Labour Inspectorate Order No. 4 of 21 March 2002 is not an exception to work in dangerous conditions, but permission to work in the activities listed in Labour Inspectorate Order No. 20/2001, following a competent professional evaluation that there is technically no risk in the activity concerned. The new authorization does not mean working in harmful conditions, but only in activities generally held to be potentially harmful but where such harmful conditions have been eliminated as a result of technological innovations and appropriate safety and health measures. The lifting of the prohibition must be based on an opinion which must be deposited in a local branch of the Ministry of Labour and Employment, which allows the actual working conditions to be supervised by the labour auditor-inspector, with the possibility of taking administrative proceedings to suspend such activity or decide on other additional measures. The Government also indicates that the new rule of section 1(1) of Labour Inspectorate Order No. 20/2001 only partly satisfies the requirement of paragraph 3 of Article 3 of the Convention, since it is acknowledged that the Order does not expressly require prior instruction or proper and specific vocational training in the branch of activity concerned. However, there are some important safeguards. Moreover, section 406 of the Consolidated Labour Act provides that the Juvenile Court may authorize the minor (a worker aged from 14 to 18 years) to perform the work referred to in subsection (3)(a) and (b) of section 405 if: (1) the performance has an educational purpose or is an activity which can not be harmful to his moral development; (2) it is certified that the employment of the minor is essential to his own subsistence or that of his parents, grandparents or siblings and does not involve any harm to his moral development. Subsection (3) of section 405 refers to: (a) performance of any kind in variety theatres, cinemas, nightclubs, casinos, cabarets, dance halls and like establishments; and (b) performances in circuses as acrobats, tightrope walkers, gymnasts and like activities.

Concerning subsection (1) of section 1 of Labour Inspectorate Order No. 20/2001, the Committee observes this provision is not in conformity with Article 3, paragraph 3, of the Convention. Firstly, the permission could be allowed for all children under the age of 18 years. Secondly, as indicated by the Government, there is no provision on prior instruction or proper and specific vocational training in the branch of activity concerned. With reference to section 406 of the Consolidated Labour Act, the Committee observes that this provision is not in conformity with Article 3, paragraph 3, of the Convention either. In effect, permission to work could be granted for minors aged from 14 years and above without any provision on prior instruction. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee also recalls that Article 3, paragraph 3, of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18. Moreover, this provision of the Convention constitutes a limited exception to the general rule of the prohibition of young persons under 18 years of age from performing types of hazardous work. The Committee requests the Government to indicate the measures taken to amend section 1, subsection (1), of Labour Inspectorate Order No. 20 of 13 September 2001 and section 406 of the Consolidated Labour Act, to ensure that only minors between 16 and 18 years of age can be employed in hazardous work and that they would have received adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention.

Article 5. Limitation of the scope of application of the Convention. In ratifying the Convention, the Government declared the provisions of the Convention applicable as a minimum to the branches of economic activity or types of undertakings enumerated in Article 5, paragraph 3, of the Convention, that are the following: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. In this respect, the Government indicates that the process of ratification of Convention No. 138 was preceded by tripartite consultations in the framework of a committee especially set up for this purpose by Order No. 341 of 27 May 1999 contemplating the requirement of Article 5 of the Convention. It also indicates that, with respect to the provisions of Article 5, paragraph 4, of the Convention, the Federal Constitution prohibits any work by children under the age of 16 years, except for apprentices aged 14 years and above. Thus, although the scope of the Convention is limited, the Brazilian Constitution does not allow any exception to work below the minimum age. The Committee observes that the national legislation of Brazil is actually of general coverage and does not exclude any branches of economic activity. It nevertheless draws the Government’s attention to the possibility offered by Article 5, paragraph 4(b), of the Convention under which any Member which has limited the scope of application of this Convention may at any time formally extend the scope of application by a declaration addressed to the Director-General of the ILO. The Committee asks the Government to provide information on any developments in this regard.

Article 6. Vocational training and apprenticeship. 1. Work in educational and training institutions. The Committee notes that work in educational and training institutions has two components: work experience and educational work. According to Act No. 6.494 of 7 December 1977 and Decree No. 87.497 of 18 August 1982, "work experience" consists of social, vocational and cultural learning activities provided to the student in public and private establishments which have the capacity to provide practical experience as part of the training of the trainee. It only applies to students who are demonstrably attending higher education, vocational education at secondary or higher levels in special education schools (section 1(1) of Act No. 6.494/1977). The work experience must complement the education and training and be planned, executed, monitored and evaluated in accordance with the school curricula, programmes and timetables (section 1(3) of Act No. 6.494/1977). As an educational and training measure, the activity comes under the responsibility of the educational institution responsible for deciding on the subject (section 3 of Decree No. 87.497/1982). Work experience does not entail an employment relationship although it is subject to certain formalities, such as the signing of an undertaking between the student and the party providing the work experience, with the involvement of the educational institution (sections 3 and 4 of Act No. 6.494/1977) except in the case of work experience under the community actions, which does not require the signing of an undertaking between the parties (section 3(2) of Act No. 6.494/1977). Another formal requirement is the existence of a legal instrument between the educational institution and the establishment offering the work experience, as well as personal accident insurance for the student (section 8 of Decree No. 87.497/1982). According to article 7, paragraph XXXIII of the Federal Constitution, work experience may only be provided from the age of 16 years.

As regards educational work, section 68 of the Statute of the Child and Adolescent provides that the social programme based on educational work, under the supervision of governmental or non-governmental non-profit agencies, must provide participating young persons with training conditions to exercise their regular paid activity. Section 68(1) defines it as work activity in which the educational needs relating to personal and social development of the student take precedence over the productive aspect. Subsection (2) states that the remuneration received by the young person for the work performed or participation in the sale of the products of his work does not detract from the educational character. In this respect, the Government indicates that the absence of regulations covering this institution leaves a legal vacuum as a result of which certain distortions of educational work are emerging, so-called social programmes run by non-profit agencies which, on the pretext that they are training the young person, only take on young persons in situations of social risk and direct them to enterprises and public bodies where they carry out work of low, or almost non-existent, value as vocational training and without guaranteeing their labour and social security rights. In a nutshell, these entities become mere intermediaries providing cheap young labour to enterprises, who feel exempted from complying with labour legislation since the young persons are employed in the guise of so-called educational work. To combat this situation, the Government explains that the Ministry of Labour and Employment, through the Labour Inspectorate, is involved with the Labour Prosecution Service in an intensive effort to advise and persuade the parties involved to regularize these inappropriate programmes. The chief instrument for that purpose is to equate the programmes with the institution of apprenticeship. Noting the abovementioned information and the Government’s efforts to regularize inappropriate programmes and equate them with the institution of apprenticeship, the Committee asks the Government to continue providing further information on the practice of educational work, and concrete measures taken to regulate it as well as the results achieved.

2. Apprenticeship. The Committee notes that by virtue of article 7, paragraph XXXIII of the Federal Constitution of 1998, children from 14 years of age may work as apprentices. It also notes that sections 424-433 of the Consolidated Labour Act, as amended by Act No. 10.097 of 2000, regulate the apprenticeship contracts. By virtue of section 428 of the Consolidated Labour Act, the apprenticeship contract is a special employment contract, in writing and for a fixed period of time, the purpose of which is formal technical-vocational training of apprentice workers aged from 14 to 18 years, and which must be registered in an apprenticeship programme provided under the supervision of a qualified and formal technical-vocational training institution. Moreover, this apprenticeship must be compatible with the physical and mental development of the apprentice. The young person, for his/her part, must conscientiously and diligently perform the tasks necessary for that training. Subsection (4) of section 428 lays down that the technical-vocational training consists of theoretical and practical activities, formally organized in progressively more complex tasks performed in the work environment. According to the Government, Act No. 10.097 of 19 December 2000, which amended the provisions of the Consolidated Labour Acts, introduced two innovations: (1) the obligation of all establishments to employ apprentices (section 429), obligation previously limited to industrial and commercial establishments; and (2) the possibility that apprenticeship programmes may be operated by entities not belonging to the national apprenticeship services (section 430), which hitherto had the monopoly of running technical-vocational training courses for apprenticeship schemes. These services are: the National Service for Apprenticeship in Industry (SENAI); the National Service for Apprenticeship in Commerce (SENAC); the National Service for Rural Apprenticeship (SENAR); the National Service for Apprenticeship in Transport (SENAT); and the Social Cooperative Service (SESCOOP).

The Committee notes the information provided by the Government, according to which in cases of warrants in situations contrary to the Federal Constitution and other legislation, the Children and Juvenile Courts adopt the following interpretations: in the absence of an apprenticeship scheme in the municipality, the process of apprenticeship can be implemented directly by the enterprise, without the involvement, guidance, control and supervision of an entity responsible for apprenticeships. The Children and Juvenile Courts may also ignore the detailed activities listed as harmful to young persons, thus ignoring the actual conditions of health and safety in the enterprise. The Committee requests the Government to take the necessary measures to ensure that children of 14 years of age and above involved in apprenticeship will carry out their work under the supervision of a qualified and formal technical-vocational training institution. Furthermore, this work should be compatible with the physical, and mental development of the apprentice, in conformity with Article 6 of the Convention. The Committee also requests the Government to provide information on the practical application of the new legal system of apprenticeship.

3. Consultation with the organizations of employers and workers. The Committee notes the Government’s indication that consultations were not held with employers’ and workers’ organizations on the legal provisions on apprenticeship, work experience and educational work. However, they are legal instruments approved by the Federal Executive Power. The Committee encourages the Government to hold consultations with the most representative organizations of employers and workers regarding the issue of work by children as part of their education and training (such as apprenticeships, work experience and educational work) in the context of the overall policy of eliminating child labour, and provide information on such consultations.

Article 7. Light work. The Committee notes the Government’s indication that the unique exception to work under 16 years of age is to work under apprenticeship schemes which start at the age of 14 years and extends to 18 years. It also notes that no other work activity is permitted before the minimum age of 16 years, except in the case of the participation of children or young persons in public entertainment and related rehearsals or beauty contests. However, the Committee draws the Government’s attention to the possibility offered by Article 7, paragraph 1, of the Convention, under which national laws or regulations may permit the employment or work of persons from 13 years of age in light work, provided that it is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalls that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee asks the Government to provide information on any development in this regard.

Article 8. Artistic performances. The Committee notes that, by virtue of section 149(II) of the Statute of the Child and Adolescent, the judicial authority is responsible for regulating, by order, or authorizing, by warrant: the participation of children and young persons in: (a) public entertainment and related rehearsals; and (b) beauty contests. It also notes that subsection (1) of section 149 provides that the judicial authority shall take into account the following factors, among others: (a) the principles of the Act; (b) special local circumstances; (c) the existence of adequate premises; (d) the normal type of audience at the premises; (e) that the environment is suitable for the participation or presence of children and young persons; (f) the nature of the entertainment. Moreover, according to subsection (2) of section 149, the permits must be granted on an individual, case-by-case basis, and no general permits are allowed. The Committee requests the Government to provide information on the manner in which section 149(II) of the Statute of the Child and Adolescent is applied in practice, providing information on the limitation of working hours and the conditions under which permits are granted.

Article 9, paragraph 1. Appropriate penalties. The Committee notes the detailed information provided by the Government with regard to labour inspection and its role in administrative policy and enforcing the application of the labour law. It notes that the National Council for the Eradication of Child Labour (CONAETI) revised the national legislation that is applicable to Convention No. 138. One of the propositions made by CONAETI is to impose heavier administrative sanctions than those that currently apply with regard to the protection of children and adolescents. The Committee asks the Government to indicate any new developments in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first and second reports. It also takes note of the comments provided by the Government, dated 19 October 2004, in reply to the questions raised by the Labour Inspectors’ Association (AGITRA) in a communication dated 4 February 2004. It requests the Government to supply further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its comments, AGITRA indicates that the Government has not respected the provisions of Convention No. 138. This lack of commitment is characterized by the relaxation in maintaining the programmes designated to the elimination of child labour which were established a long time ago and not implemented due to the non-existence of a national policy which ensures the effective elimination of child labour.

The Committee notes with interest that the Government has taken many measures to abolish child labour. It notes, in particular, that the National Forum for the Prevention and Elimination of Child Labour (FNPETI) was set up in 1994 with the support of the ILO and UNICEF. The FNPETI is composed of 40 governmental organizations, as well as representatives of employers and workers and NGOs. The FNPETI constitutes a democratic space for dialogue and discussion of issues relating to child labour, initiating requests to the Government in the form of proposals for action and public policies. It was from this practice that there emerged the "Programa de Acão Integrada-PAI". This "Integrated Action Programme" was launched in 1996 in the Mato Grosso do Sul mines and plantations, covering 1,200 children. In January 1997, it was extended to 29 municipalities in the mining area of Pernambuco state. In July 1997, it was extended to the sisal-growing region of Bahia state, covering 13 municipalities. The objective of FNPETI was to combine the efforts of government at federal, state and municipal levels and society in pursuit of a single goal: the removal of children from work and their admission to school. Among its initiatives was the granting of a subsidy to families which had children involved in child labour, seeking by means of a grant to supplement family income to allow the child to stop work and return to school full time. The Committee asks the Government to provide information on the impact of the aforementioned Integrated Action Programme with regard to the abolition of child labour in the area covered by the Programme.

The Committee notes that the National Council for Children’s and Young Persons’ Rights (CONANDA) was set up by Decree No. 8.242 of 12 October 1992. The competencies of CONANDA were established by Decree No. 5.089 of 20 May 2004. According to section 2 of Decree No. 5.089/2004, CONANDA’s role includes, among others: preparation of general principles of national policy on the protection of children’s and young persons’ rights (clause I); overseeing the implementation of the national policy on the protection of children and young persons (clause II); assessing state and municipal policies and the performance of the state and municipal councils for children’s and young persons’ rights (clause III); supporting educational campaigns on promotion of children’s and young persons’ rights (clause V); managing the National Fund for Children’s and Young Persons’ Rights (clause VIII). The Committee also notes the Government’s indication that the Programme for the Elimination of Child Labour (PETI) was established under the Ministry of Social Assistance. PETI, as a government programme and activity, is the main instrument of public policy for the prevention and eradication of child labour. In 1996, PETI was introduced as a pilot scheme and is now established in all the 27 federal states. According to the Government’s information, in 2000, PETI touched a population of 394,969 children and young persons across the country. In 2001, 749,353 children and young persons benefited from PETI and in 2003, the number was 809,148. The Government also indicates that, for the current year, PETI reached more than 116,000 children and young persons than expected. PETI is a conditional income transfer programme which consists of a monthly grant (Bolsa Criança-Cidadä) to families with per capita income up to half the minimum wage and who have children aged 7-15 years who work and who undertake to remove them from work and ensure that they attend school and extra-curricular activities where children and young persons receive extra tuition and engage in sporting, cultural, artistic and leisure activities.

Moreover, the Committee notes the Government’s indication that the National Council for the Elimination of Child Labour (CONAETI) was set up by the Ministry of Labour and Employment, Order No. 365 of 12 September 2002, and reformed under Order No. 952 of 8 July 2003. The Committee notes with interest the information provided by the Government that the CONAETI has drawn up a National Plan for the Prevention and Eradication of Child Labourwhich had been approved by the CONANDA. The Plan will be developed around ten areas of work: (i) analysis, studies and research integration and systematization of data on all forms of child labour; (ii) review of legal provisions related to all forms of child labour; (iii) monitoring, evaluation, control and inspection activities aimed at preventing and eradicating child labour; (iv) ensuring a universal and public education to all children and adolescents; (v) integrated health actions; (vi) integrated communication actions; (vii) promotion and strengthening of the family unit; (viii) equity and diversity considerations; (ix) work in specific sectors; and (x) promotion of quadripartite institutional linkages. The Plan will integrate all actions related to child labour, involving even more governmental agents and orchestrating the activities of all the different social actors involved, such as organizations of employers and workers and NGOs. It will be in the centre of the PETI’s activities. The Committee requests the Government to provide a copy of the abovementioned Plan and the results achieved through its implementation.

Finally, according to the information available at the Office, the Government is currently developing aNational Plan of Action for the Elimination of Child Labour with clear time-bound targets and measures. The Time-Bound Programme (TBP) which was launched in October 2003 for a period of 39 months will provide assistance to develop key programmes and activities to create the necessary conditions to make possible the elimination of child labour in Brazil. At the national level, the project will focus on the creation of an enabling environment by executing activities in the following areas: knowledge generation and communication; awareness raising; education; and capacity building. The project will also develop action programmes targeting: hazardous agricultural activities (particularly household agricultural activities); work in the informal economy; and child domestic labour. A total of 4,000 girls and boys will be targeted for withdrawal and prevention from exploitative and/or hazardous work through the provision of educational services following direct action from the project. The ILO/IPEC estimates that 2,666 boys and girls will be withdrawn from work and 1,334 will be prevented from being engaged in child labour. The Committee requests the Government to provide information on the TBP particularly as regards actions taken against child labour, and on the results achieved through its implementation.

Part V of the report form. Practical application of the Convention. In its comments, AGITRA indicates that, after a period of stabilization and even of regression in Brazil, child labour has considerably increased in the last few months. According to data provided by the Brazilian Institute of Geography and Statistics (IBGE), the number of children from 10 to 14 years of age working in the six principal metropolitan regions (São Paulo, Rio de Janeiro, Recife, Salvador, Porto Alegre and Belo Horizonte) has risen from 88,000 to 132,000 in September 2003. AGITRA further states that the number of child workers from 14 to 16 years of age has also increased.

In its previous general observation of 2003, the Committee had indicated that in order to assist the Committee in evaluating the application of the Convention in practice, it had requested governments to provide the fullest possible statistical information in their next report on the nature, extent and trends of work by children and young persons under the minimum age specified by States when ratifying the Convention, extracts of the reports of the inspection services and information on the number and nature of the violations reported and on the penalties imposed. Where possible, the information provided should be classified by sex.

In this respect, the Committee notes that, according to the information available at the Office, indications are that child labour has fallen throughout the 1990s in Brazil. For the year 2000 the ILO projected that there would be 2,450,000 economically active children, 886,000 girls and 1,563,000 boys between the ages of 10 and 14, representing 14.43 per cent of this age group. According to data provided by the National Household Sample Survey (PNAD) for the period 1999-2001, the tendency is that child labour is decreasing in Brazil. Whereas, in 1999, of a total of 43.8 million children between the ages of 5 and 17 years, 6.6 million were working, in 2001, of 43.1 million children in that age bracket, 5.4 million were working. Moreover, according to the IBGE National Household Survey, for the period 1992-2001, in 1992 of a total of 16.8 million children aged 5-9 years, 516,520 were working; in 2001, of 16.2 million children in that age bracket, 296,705 were working. This illustrates that in the 5-9 years age group, the percentage reduction over the period 1992-2001 was some 50 per cent (falling from 3.67 per cent to 1.84 per cent). In the 10-14 years age group, the percentage reduction was 56.7 per cent (from 20.45 per cent to 11.61 per cent). In the 15-17 years age group, the percentage decline was 52.544 per cent (from 47.02 per cent to 24.66 per cent).

The Committee observes that, while the abovementioned statistics illustrate that child labour has been decreasing between 1992-2001, the application of the legislation on child labour appears to encounter difficulties and child labour is a problem in practice. The Committee is seriously concerned over the situation of children under 16 years of age who are compelled to work. It strongly encourages the Government to renew its efforts to progressively improve the situation. It invites the Government to indicate the precise measures taken since 2002 or envisaged to harmonize progressively the de facto situation and the law. It accordingly asks the Government to continue to provide detailed information on the practical application of the Convention, such as statistical data on the employment of children and young persons since 2002, and extracts from labour inspection reports.

The Committee is also addressing a direct request to the Government concerning other detailed points.