Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s first report. It also takes note of the communication dated 29 October 2003 from the International Confederation of Free Trade Unions (ICFTU). Copy of the communication was forwarded to the Government for any comments it might wish to make on the matters raised therein. The Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes the Government’s information that the ILO conducted a Rapid Assessment Study in October 2002 on the worst forms of child labour. The Committee observes that relevant agencies decided to set up a Steering Committee in order to formulate a draft national plan that would include recommendations for research, awareness raising, policy and legislation. The Committee also notes that the Government, in its initial report submitted to the Committee on the Rights of the Child in July 2002 (CRC/C/8/Add.47, paragraph 4) indicated its intention to adopt a new Education Act and to introduce a Children’s Bill and a Family Court and Status of Children’s Bill. The Committee also notes 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 consequently requests the Government to continue providing information on the national policy measures taken or envisaged to effectively prohibit and eliminate the worst forms of child labour. In particular, the Committee asks the Government to indicate any developments with regard to the work of the Steering Committee, as well as the implementation of the NPAC relating to the worst forms of child labour, and the results attained.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that there appear to be no legal provisions specifically prohibiting the sale and trafficking of children. The Committee, however, notes that by virtue of sections 84, 85 and 89 of the Criminal Law Offences Act, penalties are set out for the abduction and forcible abduction of any female or unmarried girl under the age of 18 years for marriage or for unlawful carnal knowledge. The Committee notes, moreover, that section, 73 of the Criminal Law Offences Act holds liable any person who procures or attempts to procure any female under the age of 21 years to leave Guyana or her place of abode for the purposes of prostitution either within or outside Guyana. The Committee notes, however, that these provisions only cover the trafficking of females (girls) for the purpose of sexual exploitation. Moreover, there is no specific legislation prohibiting trafficking for the purpose of labour exploitation. In this regard, the Committee draws to the Government’s attention its obligation under Article 1 of the Convention to take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the trafficking of boys under the age of 18 years for purposes of sexual exploitation. The Committee also requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 for purposes of labour exploitation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that there is no incidence of slavery, debt bondage, forced or compulsory labour including the forced recruitment of children for use in armed conflict. The Committee notes that article 140(1) of the Constitution stipulates that no person shall be held in slavery and servitude, and article 140(2) of the Constitution provides that no person shall be required to perform forced labour.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 73 of the Criminal Law Offences Act, anyone who: (a) procures or attempts to procure any female under 21 years of age to have any unlawful carnal connection, either within or outside Guyana, with any other person; or (b) procures or attempts to procure any female to become, either within or outside Guyana, a common prostitute; or (c) procures or attempts to procure any female to leave Guyana with intent that she may become an inmate of a brothel elsewhere; or (d) procures or attempts to procure any female to leave her usual place of abode in Guyana with intent that she may, for the purposes of prostitution, become an inmate of a brothel either within or outside Guyana, shall be guilty of a misdemeanour. The Committee notes moreover that section 72 of the Criminal Law Offences Act punishes everyone who: (a) by any threat or intimidation, procures any female to have unlawful carnal connection, either within or outside Guyana; (b) by any fraudulent means, procures any female, not being a  common prostitute, to have any unlawful carnal connection either within or outside Guyana; or (c) applies, administers any drug to any female, so as thereby to enable any person to have unlawful carnal connection with her. The Committee further notes that under section 86 of the Criminal Law Offences Act, everyone who detains any female, against her will in or upon any premises, with intent to unlawfully and carnally know her or to cause her to be unlawfully and carnally known by any other person; or in any brothel, shall be guilty of a misdemeanour and liable to imprisonment. The Committee notes that according to section 165 of the Summary Jurisdiction Act, any person who keeps, manages, acts or assists in the management of a brothel, or being the tenant, lessee, occupier, lessor or landlord or person in charge of any premises knowingly permits such premises or a part of it to be used as a brothel shall be liable to a fine and imprisonment. The Committee observes that the abovementioned provisions related to prostitution under the Criminal Law Offences Act, apply only to women and girls. The Committee reminds the Government that Article 3(b) of the Convention prohibits the use, procuring or offering of both boys and girls under 18 years of age for prostitution. It therefore requests the Government to indicate how boys under the age of 18 years are protected from being used, procured or offered for prostitution, and to indicate any measures taken or envisaged to amend the legislation as necessary.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 350(1) of the Criminal Law Offences Act states that everyone who knowingly and without lawful justification or excuse publicly sells or exposes, for public sale or to public view, any obscene book, pamphlet, newspaper or other printed or written matter, or any picture, print, engraving, photograph, model or other object tending to corrupt public morals; or publicly exhibits any disgusting object, or any indecent show, or publishes any obscene libel shall be guilty of a misdemeanour. According to section 157 of the Summary Jurisdiction Act, everyone who, for the purposes or by way of trade, or for distribution or public exhibition, makes or produces, or has in his possession, or imports, conveys, or exports, or causes to be imported, conveyed or exported, or in any manner whatsoever puts into circulation any obscene writing, drawing, print, painting, printed matter, picture, poster, emblem, photograph, cinematograph film, or any other obscene object; or carries or take part in the business concerned with obscene matters or things; or advertises or makes known by any means in view of assisting the circulation or traffic of such obscene things shall be liable to a fine or to imprisonment. The Committee notes, however, that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under 18 years. The Committee also observes from the Rapid Assessment Study (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 reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances, as well as the penalties envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement according to which though the production and trafficking of drugs have led to many arrests, there has been no case of any child being arrested, and that there is no evidence to suggest the use of children in the production and trafficking of drugs. The Committee notes that in its report submitted to the Committee on the Rights of the Child, the Government refers to the Narcotic and Psychotropic Substances Control Act, 1988 as prohibiting the illicit use of all narcotics and psychotropic substances (CRC/C/8/Add.47, paragraph 411). The Committee notes, however, that the legislation does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention, and to supply a copy of the Narcotic and Psychotropic Substances Act.

Clause (d). Hazardous work. The Committee notes the Government’s statement according to which the occupational and safety inspectors are constantly on the look out for circumstances that are likely to harm the health, safety and morals of children. It also notes that according to section 3 of Part II of the Schedule to the Employment of Young Persons and Children Act, the minimum age for admission to any type of employment or work which by its nature or the circumstances by which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous work. Furthermore, the Committee notes the information provided by the Government according to which discussions have been held on determining and identifying hazardous work but no concrete decisions have been made, and that the parties hope to use the information provided by the Rapid Assessment Study to inform their deliberations. The Committee notes in this regard that according to the Rapid Assessment Study (page 19), qualitative and quantitative data reveal that children in Guyana are to be found exposed to the worst forms of child labour, including 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 reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests 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. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190 in this regard. The Committee also asks the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes that the Government’s report contains no information regarding this point. The Committee notes that section 9 of the Factories Act establishes that the inspection of all factories and machinery in Guyana shall be monitored by the labour authority or by an inspector. Section 10 of the same Act spells out the powers of the labour authority or the Inspector for the purposes of inspection. Accordingly, the labour authority or the inspector is empowered to enter, inspect and examine any factory where any person is employed, at all reasonable times whether by day or night: to require the production of the registers, certificates or documents; to require any person whom he finds in the factory to give such necessary information; to make such examination and inquiry as may be necessary to ascertain that the provisions of this Act are being complied with; and to exercise such powers, duties and functions as may be necessary to carry this Act into full effect. The Committee also notes that the School Welfare Department of the Ministry of Education has an ongoing truancy campaign to round up children who are not in school. The Committee therefore requests the Government to provide further information on the functioning of the labour inspectorate, and the other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee notes the Government’s statement that unless the worst forms of child labour are identified, there cannot be any action plan. The Committee notes the Government’s indication under Article 4 of the Convention, however, that consultations are being held in this regard, and that the parties hope to use the information provided by the Rapid Assessment Study to inform their deliberations. The Committee reminds the Government that Article 6, paragraph 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, and Article 6, paragraph 2, of the Convention states that such programmes of action must be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups, as appropriate. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate the worst forms of child labour pursuant to deliberations on their identification, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that according to section 73 of the Criminal Law Offences Act, any person who has committed procuration of any female for having unlawful carnal connection with any other person, is guilty of a misdemeanour, and liable to imprisonment for two years. It also notes that by virtue of section 165 of the Summary Jurisdiction Act, any person who keeps, manages, acts or assists in the management of a brothel, or being the tenant, lessee, occupier, lessor or landlord or person in charge of any premises knowingly permits such premises or a part of it to be used as a brothel shall be liable on summary conviction to imprisonment for six months and to a fine of 1,000 dollars, and for a second or subsequent conviction to 12 months’ imprisonment and to a fine of 2,000 dollars. The Committee also notes that, according to section 5(1) of the Employment of Young Persons and Children Act, as amended, any person who employs a child (i.e. under 15) in any occupation or work, or a young person (i.e. between 15 and 16), in any industrial undertaking in contravention of this Act, shall be liable on summary conviction to a fine of 10,000 dollars, or in case of a second or subsequent offence, of 15,000 dollars. The Committee notes that with regard to the penalties for employing children and young persons, 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 requests 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 also requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (e) take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that primary education in Guyana is free and compulsory for six years, beginning at the age of 5 years and 9 months. According to the Education Act of 1999, the age of completion of compulsory school is 15 years. The Committee notes the Government’s statement that the school’s welfare division of the Ministry of Education and the Children Services Unit of the Ministry of Labour, Human Services and Social Security work to ensure that children attend school. The Committee requests the Government to provide information on the results achieved by the different services to ensure that children attend school and thereby prevent the engagement of children in the worst forms of child labour.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its comments, 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 notes the Government’s statement that there has been no reported case of procuring or offering a child for prostitution, for the production of pornography or for pornographic performances, and that such incidents that may exist are of self-making, and are not reported. The Committee notes however that, according to the Rapid Assessment Study (page 19), 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; 17 per cent knew male students who accept money and gifts for sexual favours. The study stated that conclusion could be drawn that there is alarming prostitution behaviour within the secondary school system. The Committee further notes 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 observes 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). It also notes 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. Assistance and rehabilitation programmes would be initiated depending on the existence of the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures taken to undertake a comprehensive study of children involved in the commercial sex industry and the use of its results in order to design policies and programmes to prevent the commercial sexual exploitation of children. It also requests the Government to 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.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Guyana National Plan of Action for children for the year 2000 highlighted six major areas for specific actions, including children at risk particularly children in especially difficult circumstances. The Committee also notes that the Rapid Assessment Study found that 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. It recommended to the State party to strengthen its efforts to assist street children, including reintegration into their families as well as taking preventive measures (CRC/C/15/Add.224, paragraph 52). The Committee therefore requests the Government to indicate the effective and time-bound measures taken to protect Amerindian children and street children from the worst forms of child labour.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes that the Government’s report contains no information on this point. It asks the Government to communicate information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes 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. It also notes that Guyana is a member State of INTERPOL, and that it ratified the Convention on the rights of the child in 1991. The Committee asks the Government to provide further concrete information on any steps taken to assist other member States in giving effect to the provisions of the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee notes that the Government’s report contains no information on this point. The Committee therefore requests the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply a copy of the texts of these decisions.

Parts IV and V. The Committee notes the Rapid Assessment Study according to which data reveal that children in Guyana are to be found to be exposed to the worst forms of child labour (page 19). The Rapid Assessment Study indicates that street children must work to survive. The Committee also notes that according to the Study, the occupations of child labourers are, among others, farmhands/farmers (30 per cent), bus conductors (4 per cent), sawmill operators (2 per cent), vulcanizing assistants (2 per cent), victims of prostitution (3 per cent), gold miners (1 per cent), domestic (4 per cent).

The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions and penal sanctions. The Committee requests the Government to communicate the results of the ongoing survey. To the extent possible, all information provided should be disaggregated by sex.