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

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

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.