Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Guyana (Ratificación : 2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its previous comments, the Committee noted the Government’s information that relevant agencies decided to set up a National Steering Committee on Child Labour in order to formulate a draft national plan that would include recommendations for research, awareness raising, policy and legislation. It also noted from the report submitted by the Government to the Committee on the Rights of the Child that a National Plan of Action for Children (NPAC), approved in 1996, is being drafted for the period up to 2007 (CRC/C/8/Add.47, paragraph 11). The Committee requested the Government to indicate any developments with regard to the work of the National Steering Committee, as well as the implementation of the NPAC relating to the worst forms of child labour, and the results attained. The Committee notes from the Government’s report, a list of achievements attained by the National Steering Committee, including the training of labour inspectors, public awareness and sensitization on child labour issues, and the production of reports on child labour laws. The Committee also notes the Government’s information that the National Steering Committee has provided critical support in ensuring that child labour remains high on the country’s agenda, and hopes to use the experiences obtained from a pilot project in Parika and its recent training from the ILO (such as a Strategic Planning Workshop) to advise, with regard to policy measures, on the effective prohibition and elimination of the worst forms of child labour as a broad-based initiative.

Article 3. Worst forms of child labour. The Committee takes note of the Government’s information that a Combating of Trafficking in Persons Act was enacted in April 2005 prohibiting the sale and trafficking of children, and the use, procuring, or offering of a child for prostitution and pornography. However, the Committee has not received a copy of the Act. It accordingly requests the Government to provide a copy of the Combating of Trafficking in Persons Act along with its next report.

Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that sections 73, 84, 85 and 89 of the Criminal Law Offences Act only cover the trafficking of females (girls) for the purpose of sexual exploitation, and that there does not appear to be specific legislation prohibiting trafficking for the purpose of labour exploitation. The Committee requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 for the purposes of labour exploitation. The Committee notes the Government’s information that the Combating of Trafficking in Persons Act provides comprehensive measures to combat trafficking in persons, and that the Act also prohibits trafficking for the purposes of labour exploitation.

Clause (b). 1. Use, procuring, or offering of a child for prostitution. The Committee previously observed in its comments that sections 72, 73 and 86 of the Criminal Law Offences Act, which relate to prostitution, apply only to women and girls. The Committee notes the Government’s information that, under the Combating of Trafficking in Persons Act, “child” is defined as any person under the age of 18. The Government also provides that the Act makes it an offence to compel a person to perform any service.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 350(1) of the Criminal Law Offences Act and section 157 of the Summary Jurisdiction Act, which deal with pornography, do not specifically establish offences related to pornography or pornographic performances by a child under 18 years of age. The Committee also observed from the 2002 ILO Rapid Assessment Study for Guyana entitled “The situation of children in the worst forms of child labour” (page 20) that, according to the UNICEF study of 1996, there are pornographic pickneys in Guyana, which refer to children who are videotaped or filmed for commercial sex purposes. The Committee notes the Government’s information that the Combating of Trafficking in Persons Act makes child pornography an offence.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee takes note of the Narcotic and Psychotropic Substances Act. However, referring to its previous comments, the Committee notes that this Act does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities such as the production or trafficking of drugs, pursuant to Article 3(c) of the Convention.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. In its previous comments, the Committee noted that, according to the 2002 Rapid Assessment Study (page 19), qualitative and quantitative data reveal that children in Guyana are found to work in unhealthy environments where they are exposed to toxic chemicals, work with dangerous machinery, fetching heavy loads and unreasonable confinement while working as domestics or in stores. The Committee requested the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age, taking into particular consideration Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee notes with interest the Government’s information that a list of hazardous occupations prohibited to children under 18 years of age was developed in January 2004 at a national meeting on combating child labour organized by the Ministry of Labour in collaboration with the ILO, and that a copy of the list has been provided along with the Government’s report.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee had noted the Government’s statement that, unless the worst forms of child labour are identified, there cannot be any action plan. Reminding the Government that Article 6(1) of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, the Committee had requested the Government to provide information on the measures taken or envisaged in this regard. The Committee notes with interest the Pilot Programme of Action being implemented in Parika, with the involvement of relevant stakeholders. It further notes that steps have been taken, with the assistance of the ILO, to engage participants in the identification of a strategy to combat child labour and elaborate a National Plan for the Eradication of Child Labour. A draft outline of a Plan of Action to Eliminate and Prevent Child Labour has been drafted, and will be further developed into a more detailed National Plan of Action. The Committee requests the Government to provide copies of the National Plan for the Eradication of Child Labour and the Plan of Action to Eliminate and Prevent Child Labour once they have been finalized, as well as information on their implementation and their impact on eliminating the worst forms of child labour. The Committee also requests the Government to provide the results of the pilot project when they become available.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that section 5(1) of the Employment of Young Persons and Children Act only covers the offences related to the employment of children (under 15) and young persons (between 15 and 16) in limited situations. The Committee therefore requested the Government to indicate the measures taken, including sanctions, to secure the prohibition of employment of all children (girls and boys) under 18 years not only in industrial undertakings but in all hazardous work. The Committee notes the Government’s information that an amendment to the Employment of Young Persons and Children Act has been drafted to address this issue. The Committee requests the Government to provide a copy of the draft amendments to the Act once they have been enacted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s statement that the schools’ welfare division of the Ministry of Education and Social Security work to ensure that children attend school, and requested the Government to provide information on the results achieved by the different services to ensure that children attend school. The Committee notes the Government’s information that this exercise is an ongoing one, and children found out of school are returned and parents reprimanded. The Committee also notes the Government’s indication that no specific data are available. The Committee requests the Government to provide further data on the results achieved to ensure that children attend school, and thereby prevent the engagement of children in the worst forms of child labour, as soon as they become available.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration.
1. Commercial sexual exploitation. In its previous comments, the Committee noted that the ICFTU indicates that child labour exists particularly in the commercial sex trade, and there is a lack of enforcement of legislation by inspectors. There is evidence of forced prostitution of women and girls, and reports of child prostitution in cities and in remote gold mining areas. The Committee also noted that the Rapid Assessment Study states that child prostitution is one of the worst forms of child labour identified by several studies in Guyana, foremost among them being the 1996 UNICEF study. This study found that, out of 1,024 children, 26 per cent knew female students who accept gifts and money in exchange for sexual favours, and 17 per cent knew male students who accept money and gifts for sexual favours. The study stated that a conclusion could be drawn that there is an alarming degree of prostitution within the secondary school system. The Committee further noted that the Rapid Assessment Study states that the sexual exploitation of the girl child in Guyana is a common, widespread and serious social problem that is not addressed as a public issue. The Committee observed that, in its Concluding Observations, the Committee on the Rights of the Child recommended that Guyana undertake a comprehensive study of children involved in the commercial sex industry and use the data to design policies and programmes to prevent the commercial sexual exploitation of children, including through the development of a National Plan of Action on the Commercial Sexual Exploitation of Children as agreed at the First and Second World Congresses against Commercial Sexual Exploitation of Children in 1996 and 2001; and also to train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner (CRC/C/15/Add.224, paragraph 54). The Committee also noted the Government’s indication that surveys and investigations would be carried out to determine the extent of the engagement of children in the worst forms of child labour, and child labour in general. The Committee notes the Government’s statement that it has undertaken no specific studies relating to commercial sexual exploitation. The Committee takes further note of the Government’s information that preliminary results of a recent study on the worst forms of child labour in a pilot community have not revealed any instances of this. Given the urgency of the current state of child prostitution in Guyana, the Committee once again requests that the Government provide information on the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children under 18 years from commercial sexual exploitation, and for their rehabilitation and social integration.

2. Pilot rehabilitation programme in Parika. The Committee notes with interest the implementation of an Action Programme on the Rehabilitation of Child Labourers and the Prevention of Child Labour in Parika, WCD, Guyana, as part of the ILO/AIDS regional child labour project in 2004, which is attempting to withdraw child labourers engaged in the worst forms of child labour and offer them alternative options such as education enhancement, counselling and other rehabilitative support. The Committee also notes from the report on the Programme that at least 200 children who are at risk of becoming involved in hazardous child labour are enrolled in school and have been exposed to awareness-raising activities on the dangers of child labour and the importance of schooling (RLA/03/P02/CAN, page 9). The Committee requests the Government to provide data and statistics on the achievements and results of the pilot project when it becomes available, and its impact with regard to removing children from the worst forms of child labour, and providing for their rehabilitation and social integration

Clause (d). Identifying and reaching out to children at special risk.
1. Street children and Amerindian children. The Committee previously noted that the Guyana National Plan of Action for children for the year 2000 highlighted six major areas for specific actions, including children at risk and particularly children in difficult circumstances. The Committee also noted that the Rapid Assessment Study found that the worst forms of child labour involve Amerindian children. It further notes that, in its concluding observations, the Committee on the Rights of the Child expressed its concern at the situation of street children and at the lack of adequate and sufficient measures to address this situation. The Committee on the Rights of the Child recommended to the Government to strengthen its efforts to assist street children, including reintegration into their families as well as taking preventive measures (CRC/C/15/Add.24, paragraph 52). The Committee requested the Government to indicate the effective and time-bound measures taken to protect Amerindian and street children from the worst forms of child labour. The Committee takes note of the Government’s information that it awaits the conclusion of the pilot project in Parika to guide its future interventions on a wider level, which will meet the needs of all children, especially Amerindian and street children, to protect them from the worst forms of child labour. The Committee requests the Government to supply a copy of the results of the pilot project as soon as they become available, as well as to indicate initiatives to identify and reach out to children at special risk based on these results.

2. Orphan children. The Committee notes that, according to the Guyana Presidential Commission on HIV/AIDS Country Report, the HIV/AIDS pandemic continues to result in increasing numbers of children being orphaned and made vulnerable by the disease. Currently, there are an estimated 4,000 orphans and vulnerable children in Guyana. Orphans are defined as children, under 18 years, of whom at least one or both their biological parents have died through causes such as HIV/AIDS, other illnesses, violence, suicide or other causes. Vulnerable children include those living without one or both parents because of long-term or permanent (national or international) migration or chronic illness, and those who are living without any caregivers at all. The Committee notes the report’s information that policy and planning efforts on orphans and vulnerable children (OVC) are reflected through the initiation of a National OVC Policy Document as well as a National Plan of Action for OVC by the Ministry of Labour, Human Services, and Social Security in 2005 (Government of Guyana/United Nations General Assembly Special Session on HIV/AIDS 2005, page 16). The Committee observes that orphans and vulnerable children might more easily engage in the worst forms of child labour. It therefore requests the Government to provide information on the measures taken or envisaged through the National Plan of Action for OVC to address the situation of orphan children engaged in the worst forms of child labour.

Clause (e). The special situation of girls. In its previous comments, the Committee asked the Government to provide information on actions taken or envisaged to take account of the special situation of girls. The Committee notes the Government’s information that the special situation of girls is taken into account in all action. It requests the Government to provide more information on the manner in which it takes account of the special situation of girls, particularly with respect to the new Plan of Action to Eliminate Child Labour.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s information that it is the Ministry of Labour, Human Services and Social Security that is responsible for the provisions giving effect to this Convention.

Article 8. Enhanced international cooperation and assistance. The Committee previously noted that the Subregional Office for the Caribbean is providing support to member States in their fight against child labour and in the effective implementation of the Convention through technical assistance and capacity building in the areas of child labour research, policy formulation and intervention strategies. The Committee notes the Government’s information that Guyana has not directly assisted other member States but has been cooperating. For example, students from other countries have been given assistance in the area of child labour research. The Committee also notes that, commencing in July 2006, Guyana will receive US$322 million from the World Bank in debt relief, which will help the Government to implement the Millennium Development Goals, including health, education and poverty eradication programmes. The Committee takes note of the PRSP Progress Report of December 2004, and requests the Government to provide information on the measures taken or envisaged to eliminate the worst forms of child labour through its partnership with the World Bank.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that labour inspectors are continuing the fight against child labour, and further notes that the recent integration of the Occupational Health and Safety Department with the Labour Inspectorate will see a more coordinated approach as well as a more efficient use of the human resource element in this effort. The Committee also notes the Government’s information that penalties are imposed by the courts. The Committee observes that there has been one violation detected, which is currently engaging the attention of the court. It requests the Government to provide details of the case that is currently with the courts, including the nature of the infringement and possible penalties.