Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes note of the Government’s report. It also notes with interest that Guyana ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 15 January 2001. The Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy. In its previous comments, the Committee had requested the Government to indicate the measures taken to ensure the effective abolition of child labour. The Committee notes with interest the Government’s statement in its report that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour. The Committee requests the Government to continue providing information on the implementation of the NPAC, in respect of the abolition of child labour, according to Article 1 of the Convention.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee had requested the Government to provide information on the age of completion of compulsory education. The Committee notes that section 13 of the Education Act as amended, provides that it shall be the duty of the parent of every child to cause the child to receive efficient elementary instruction in reading, writing, and arithmetic. Section 22 of the same Act states that section 13 shall apply to children between the age of 6 and 15. The Committee also notes with interest the Government’s statement according to which the age for completion of compulsory education is 15 years.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee recalls that under Article 3, paragraph 2, of the Convention, the types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether such a list has been established, and if so, to supply a copy of it.

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

Article 6. In its previous comments, the Committee had requested the Government to indicate the provisions of national legislation on apprenticeship, and the minimum age for admission to apprenticeship. The Committee notes the information provided by the Government in its report, according to which apprenticeship is governed by the Industrial Training Act. The Committee notes with interest that section 2 of this Act provides that an apprentice is 15 years of age and above.

Article 9, paragraph 3. Registers. The Committee had previously noted that section 3(3) of Act No. 9 on the employment of young persons and children specifies that a register be kept in places where young persons are employed giving their dates of birth and the dates on which they enter and leave the service of their employer. The Committee had observed that section 2 of the abovementioned Act uses the term "young person" as a person who has ceased to be a child, and who is under the age of 16 years. The Committee had recalled that Article 9, paragraph 3, of the Convention prescribes that the registers or other documents be kept and be made available by the employer, and that they contain the names and ages or dates of birth, duly certified wherever possible, of persons who he/she employs or who work for him/her and who are under 18 years. The Committee had requested the Government to take the necessary measures to bring national legislation into conformity with the Convention in this regard. In its report, the Government indicates that the amendment to comply with the Convention will be done. The Committee therefore expresses the hope that the Government will be in a position to provide information in its next report on the measures taken to comply with the Convention on this point.

Part V of the report form. The Committee notes, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, that in the Multiple Cluster Indicator Survey 2001, it was observed that 37 per cent of children aged 0-14 years were classified as currently working. The Committee once again requests the Government to make any effort to bring its practice in line with the legislation and the Convention. It also request the Government to supply information on the practical application of the Convention, by giving statistical data on the employment of young persons and children, extracts from the reports of inspection services, and detailed information on the number and nature of contraventions.