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

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

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.