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

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy for the elimination of child labour, labour inspection and application in practice. For a number of years, the Committee has urged the Government to strengthen its efforts to adopt a national policy for the elimination of child labour and to provide information on the measures taken in this direction. The Committee notes with satisfaction the adoption in 2019 of the National Child Labour Policy, that covers both the formal and informal economy, and the National Action Plan for the Elimination of Child Labour (2019–2025), as indicated in the Government’s report. The objective of the National Child Labour Policy is to provide a supportive environment that fosters and enables the coordination, collaboration and cooperation of all parties concerned (including child protection, education and health sectors), to effectively prevent and eliminate child labour in all its forms. The National Action Plan has a three-fold dimension (preventive, protective and rehabilitative) and focuses on ten strategic issues: (1) enhancing public awareness; (2) promoting civil engagement and children participation; (3) widening access to education; (4) ensuring security for at risk families; (5) strengthening legislation; (6) ensuring rehabilitation for children removed from child labour; (7) building capacities to combat child labour; (8) implementation of a child management information system; (9) guaranteeing adequate resources; and (10) strengthening of leadership and coordination of a multi-sectoral response. The Committee notes that a National Child Labour Prevention and Elimination Committee and a Child Labour Inspectorate will be created to ensure the implementation of the National Action Plan. In this regard, the Child Labour Inspectorate should undertake regular investigation, inspection and monitoring of child labour in collaboration with other actors. The Committee also notes that the Government indicates that the National Steering Committee on Child Labour was re-established by the Ministry of Labour in 2020 and includes representatives from different ministries, the Guyana Child Protection Agency, associations of miners and the private sector. The Committee further notes that, according to the information contained in the National Action Plan, as of 2014, 18 per cent of children aged 5–17 years were engaged in child labour activities and 13 per cent worked under hazardous conditions.The Committee encourages the Government to continue taking measures towards the effective elimination of child labour, including hazardous child labour, within the framework of the National Child Labour Policy and National Action Plan 2019–2025, and to provide information on the results achieved. In this regard, the Committee requests the Government to provide information on the progress made towards the creation and subsequent functioning of the Child Labour Inspectorate. Finally, the Committee requests the Government to provide updated statistical information on the employment of children and young persons below the age of 15 in the country.

Article 3(1) and (2). List of hazardous work. In reply to the Committee’s request for information on the revision of the list of hazardous work, the Government indicates that this matter is still under consideration by the National Tripartite Committee.The Committee requests the Government to continue providing information on the progress made towards the revision of the list of hazardous work prohibited for children under the age of 18 years and to supply a copy of the new list once adopted.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. For a number of years, the Committee has observed that section 6(b) of the Employment of Young Persons and Children Act (Chapter 99:01) authorizes the Minister to regulate the employment of children between the ages of 16–18 years in hazardous work. Recalling that Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16–18 years be authorized only upon the conditions that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training, the Committee urged the Government to bring the Employment of Young Persons and Child Act into conformity with the Convention. The Committee notes the Government’s indication that, in line with the National Action Plan’s strategic objective of strengthening national legislation related to child labour, the Government will send the Employment of Young Persons and Children Act to the National Steering Committee on Child Labour for its consideration and action.The Committee firmly hopes that the National Steering Committee on Child Labour will take the necessary steps to bring the Employment of Young Persons and Children Act into conformity with the Convention and requests the Government to provide a copy of the amendments to the Act once they have been finalized.

Article 9(3). Keeping of registers. The Committee previously noted that section 86(a) of the Occupational Safety and Health Act, Chapter 99:06, provides for the obligation of employers of industrial establishments to keep registers of all employees under the age of 18 years and requested the Government to indicate the legislation that establishes the same obligation for employers in non-industrial undertakings. The Committee notes that the Government indicates that while section 86(a) of the Occupational Safety and Health Act only concerns industrial establishments, the practice of the Ministry of Labour is to have in the general register the particulars of persons under the age of 18 years employed outside industrial undertakings. Taking note of the practice of the Ministry of Labour, the Committee recalls that, according to Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents, which shall be kept and made available by the employer, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of all persons employed under the age of 18 years.Therefore, the Committee requests the Government to take the necessary measures to ensure that national legislation or regulations be adopted to ensure that all employers of non-industrial undertakings are obliged to keep registers of all persons below the age of 18 years who work for them, in conformity with Article 9(3) of the Convention and the indicated practice.

The Committee recalls that the Government can avail itself of ILO technical assistance in relation to the issues raised in this observation.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.