Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes the Government’s first report.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that it intends to adopt a national policy aimed at ensuring the effective abolition of the worst forms of child labour. It also notes the Government’s indication that the child labour provisions of the Labour Code are being reviewed so as to bring them into conformity with the provisions of this Convention. The Committee requests the Government to provide information on any progress made in reviewing the provisions of the Labour Code related to the employment of children and young persons. It also requests the Government to provide information on the national policy envisaged for the effective abolition of the worst forms of child labour.

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 the Government’s information that, as part of the Government’s measures to combat trafficking in persons, sections 284 and 307 of the Penal Code, which deal with the production and use of false documents for travel and trafficking in women, respectively, were amended. Accordingly, section 307 of the Penal Code which was earlier limited to trafficking in women and children now provides for penalties for the offences related to the trafficking in persons for sexual and labour exploitation. It also notes the Government’s statement that the definition of trafficking in persons has been brought in line with the international definition laid down in the Protocol to Prevent, Suppress and Punish Trafficking in Persons. As per the amendment made to section 284 of the Penal Code, punishment for the offence of forging a travel pass or security order or causing such document to be issued in a false name with the intention to make use of such documents or let others make use of it has been increased from two years of imprisonment to a maximum of four years’ imprisonment. The Government states that for trafficking in persons, including children, often false documents were used and increasing the prison sentence makes it possible to hold the perpetrator in custody. Thus, according to the Government, this amendment will further the elimination of trafficking, including trafficking in children. The Committee requests the Government to provide a copy of sections 284 and 307 of the Penal Code, as amended.

2. Slavery, bondage, serfdom and forced and compulsory labour. The Committee notes that, by virtue of article 15 of the Constitution, no one shall be obliged to do forced or compulsory labour. It also notes the Government’s information that according to section 20(a) of the Labour Code no employee can be forced or threatened to work. The Government further states that, according to the provisions in contracts in general and in the Civil Code, labour contracts extracted under force are voidable (sections 1344–1348). The Committee requests the Government to provide a copy of section 20(a) of the Labour Code and sections 1344–1348 of the Civil Code.

3. Compulsory recruitment of a child for use in armed conflict. The Committee notes that, according to article 180 of the Constitution, military service or unarmed military service or civilian service is obligatory. It notes the information provided by the Government in its Initial Reports to the Committee on the Right of the Child (CRC/C/28/Add.11 of 23 September 1998, paragraph 19) that the Compulsory Military Service Act, which makes it obligatory for persons who have reached the age of 18 years to perform military service, has been repealed and hence military service is no longer compulsory. The Committee requests the Government to indicate the minimum age for recruitment into the armed forces. It also requests the Government to provide a copy of the legislation governing the age of recruitment into the armed forces.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s information that, according to section 306 of the Penal Code, persons who knowingly enable or promote immoral acts by other persons are liable to punishment. The Government report further states that inducing a minor to perform sexual acts is punishable under section 307, as amended. It observes that these provisions do not cover the use of a child for the purposes of prostitution. It also notes that the Government has not provided any information on the provisions prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour. It notes, however, the Government’s indication that it is preparing for further amendments to the Penal Code. The Committee hopes that the Penal Code will be amended as soon as possible to prohibit the use, procuring or offering of children under the age of 18 years for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on progress made in this regard. Finally, it requests the Government to provide a definition of the term “immoral acts” as used in section 306 of the Penal Code.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that, according to sections 3 and 4 of the Narcotics Act, it is prohibited to prepare, handle, process, sell, deliver, or transport narcotic drugs. It further notes the Government’s information that section 12 of the Narcotics Act makes it an offence to compel or motivate others to commit a criminal offence. The Committee requests the Government to provide a copy of sections 3, 4 and 22 of the Narcotics Act along with its next report.

Clause (d). Hazardous work. Workers in the informal sector. The Committee notes the Government’s statement that, by virtue of section 20 of the Labour Code, it is prohibited to employ young people (persons who have attained 14 years of age but younger than 18 years) in night shifts or in hazardous work which affects their health, safety or morals. The Committee notes, however, the information provided by the Government that according to section 17(2) of the Labour Code, children working in family undertakings, in agriculture, horticulture and animal husbandry do not benefit from the protection laid down in the Labour Code. The Committee requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age who work in the informal sector are protected from performing work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety and morals. It also requests the Government to provide a copy of sections 17 and 20 of the Labour Code.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that Sub-commission III of the Preparatory Working Group of the National Commission on Child Labour (PWGNCCL) recommended and formulated the draft State Decree on Hazardous Labour containing a list of types of hazardous work prohibited to children. This draft list contains ten categories of hazardous labour. Six categories are related to the nature of work such as accidental, biological, chemical, ergonomic, physical and psychosocial risks. Four categories are related to circumstances, such as non‑adherence to security measures, unsafe working environment, climatological circumstances and night work. It also notes the Government’s information that this draft Decree was prepared in consultation with several ministries, the Trade and Industry Association and the Confederation of Trade Unions in Suriname. The Committee notes that this decree has not yet been adopted. The Committee requests the Government to indicate whether the types of hazardous work contained in the draft State Decree on Hazardous Labour are prohibited to children under 18 years. It hopes that the State Decree on Hazardous Work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted.

Article 5. Monitoring mechanism. National Commission on Elimination of Child Labour. The Committee notes that according to the Government’s report the monitoring tasks of the Convention will be executed by the National Commission on the Elimination of Child Labour (NCECL) under the Ministry of Labour. It also notes the Government’s information that the PWNCCL in consultation with the social partners has drafted the State Decree by which the NCECL will be established, which is currently in the process of being adopted. The Government further states that according to the draft Decree, the NCECL will be entrusted with fulfilling the following tasks:

(a)   recommend the formulation of policy towards the elimination of child labour;

(b)   formulate a national plan of action on the elimination of child labour;

(c)   coordinate and monitor the implementation of the national plan of action;

(d)   initiate specific development programmes of children for indigenous and tribal people;

(e)   initiate research on the socio-economic situation of children who perform child labour;

(f)    recommend and advise the Minister of Labour and other relevant actors on issues regarding the elimination of child labour;

(g)   advise the Minister of Labour on the socio-economic reintegration of children involved in the labour;

(h)   monitor the observance of international commitments due to ratification of international standards on child labour in general and the worst forms of child labour in particular; and

(i)    recommend amendments to legislation on child labour in general and the worst forms of child labour in particular.

The Committee requests the Government to provide information on the progress towards the adoption of the State decree on the National Commission on Elimination of Child Labour and on the NCECL’s functioning with specific reference to its role and mandate in monitoring the application of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that, since the NCECL has not been formally installed yet, no targeted programme of action has been executed to eliminate as a priority the worst forms of child labour. However, after the establishment of the NCECL, a national plan of action will be formulated. It will be coordinated and monitored by the NCECL. The national plan of action will put special emphasis on the situation of children in indigenous and tribal communities. The Committee requests the Government to provide information on the concrete measures taken against the worst forms of child labour pursuant to the adoption of the national plan of action, and the results achieved following its implementation.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s information on the penalties provided under the Penal Code for the offences related to trafficking in persons and inducing a minor to perform sexual acts (section 307 as amended), promoting immoral acts by persons (section 306), and compelling or involving others to commit a criminal offence (section 12 of the Narcotics Act). It also notes the Government’s indication that, according to sections 29 and 30A of the Labour Code, non-observance of the provisions of the Labour Code shall lead to penalties of fines or imprisonment. The Committee requests the Government to provide information on the sanctions applied in practice in cases of violations of the provisions giving effect to Article 3(a)–(c) of the Convention, as well as of the provisions on the employment of young persons in hazardous work. It also requests the Government to provide a copy of sections 29 and 30A of the Labour Code.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s statement that so far no specific measures are taken with regard to clauses (a)–(e) of paragraph 2 of Article 7. However, it notes the Government’s indication that the following points, which are included in the State Decree with regard to the tasks of the NCECL, will be taken into consideration when the NCECL starts functioning: (a) preventive measures and assistance with regard to the removal of children from the worst forms of child labour and their rehabilitation and socio-economic integration; (b) identification of specific risk groups, including children in indigenous and tribal communities, shall be carried out during the research on the socio-economic situation of children involved in child labour; (c) the girl child, though, not mentioned in the draft, her vulnerable situation is mentioned in the explanatory note of the draft State Decree with regard to the task of the NCECL. The Committee requests the Government to provide information on the effective and time-bound measures taken by the NCECL with a view to: (a) preventing children from being victims of the worst forms of child labour; and (b) providing the necessary and appropriate direct assistance for the removal of child victims from such worst forms of child labour. It also requests the Government to provide information on the results achieved.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee notes that, according to the Rapid assessment Report of 2002, initiated by the ILO Subregional Office for the Caribbean, entitled “The Situation of Children in Mining, Agriculture and Other Worst Forms of Child Labour” (Rapid Assessment Report of 2002, page 106), child labour is closely related to lack of development, notably due to limited educational opportunities which is highly correlated with the ethnic factor. The research indicated that districts such as Brokopondo, Sipaliwini and Marowijne, with a high ratio of Maroons, provided the least educational opportunities to its young citizens. The Ministry of Education, in its report of July 2001 indicated that in these three districts 60 per cent (Brokopondo), 62 per cent (Marowijne) and 71 per cent (Sipaliwini) of the children did not finish elementary school within a reasonable time period. The Committee further notes that, in its concluding observations of 18 June 2007, the Committee on the Rights of the Child (CRC/C/SUR/CO/2, paragraph 59) expressed its concern at the significantly low primary school attendance rates of children living in the interior of the country, especially those belonging to indigenous and minority groups. It also expressed concern at the high number of children, especially boys, dropping out of schools. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take measures as a matter of urgency to improve access to free basic education to all children, especially those living in the interior areas and those belonging to the indigenous and minority groups. It also requests the Government to take effective and time-bound measures to increase school enrolment rates and reduce school drop-out rates of children, particularly of boys. Finally, it requests the Government to provide information on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that measures are being taken to implement the Convention on a permanent basis through the activities of the NCECL. It also notes the Government’s reference to the Rapid Assessment Report of 2002 which indicated that about 300 children were involved in hazardous labour with 94 per cent of them being boys spread out over different sectors and geographic locations. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from inspection reports, studies and inquiries and statistical data 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, convictions and penalties applied.