Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Venezuela (Bolivarian Republic of) (Ratification: 1987)

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 the statements of the International Trade Union Confederation (ITUC) to the effect that child labour was widespread in the informal sector and in non-regulated activities in the country. According to certain estimates, some 1.2 million children were working, particularly in agriculture and domestic service and as street vendors, and more than 300,000 were working in the informal economy. It noted the Government’s statement that, despite the lack of official statistics on the number of working children and young persons, it doubted the accuracy of the ITUC estimates in this area. However, it also observed that the Government itself did not provide any recent statistics on the total number of children working in the formal and informal sectors of the economy.

The Committee noted that the Ministry of Participation and Social Protection, in conjunction with the National Committee on the Rights of Children and Young Persons (IDENA), launched the “Neighbourhood children’s mission”, a programme aimed at guaranteeing the rights of children and young persons, especially those in situations of extreme poverty, in the context of the goals of the National Economic and Social Development Plan 2007–13. Among the activities implemented by the mission, the Committee noted the “Protecting the dignity of working children and young persons” (PRODINAT) programme, launched in 2008, which seeks to ensure young workers’ labour rights and whose ultimate goal is to progressively abolish child labour and protect young people at work. It also noted that in 2008 the Ministry of the Environment and the Ministry of Participation and Social Protection jointly participated in a project for ensuring decent conditions for people living and working in the garbage dumps on the outskirts of cities.

While noting the measures taken by the Government to ensure the effective abolition of child labour, the Committee expresses its concern at the lack of available statistics relating to the nature, extent and trends of child labour in the Bolivarian Republic of Venezuela. The Committee therefore urges the Government once again to take the necessary measures to ensure that sufficient data on the number of children and young persons under 14 years of age engaging in economic activity in the country are made available and requests it to supply this information as soon as possible. It also requests the Government to provide information in its next report on the number and nature of violations of the law reported by the inspection services.

Article 3(1). Age of admission to hazardous work. The Committee notes that section 96(1) of the Act of 1998 concerning the protection of children and young persons forbids the employment of young persons between 14 and 18 years of age in the types of work expressly prohibited by the law. However, the Committee notes that this Act does not specify which types of work are prohibited. The Committee requests the Government to indicate in its next report whether the types of work referred to by section 96(1) of the Act of 1998 concerning the protection of children and young persons are types of work which, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children and young persons under 18 years of age.

Article 3(2). Determination of types of hazardous work. The Committee previously noted the Government’s indication that the National Institute for Occupational Hazard Prevention, Health and Safety (INPSASEL) had completed its study on the classification of types of work that are hazardous for children and young persons and that a multidisciplinary team would conduct further studies to determine, on a scientific basis and using test cases, what exactly is to be understood by “hazardous work”. It also noted that IDENA was drawing up a preventive guide for the classification of hazardous types of work for children and young persons.

The Committee notes that the Government’s report does not contain any information on this subject. It notes with regret that no list of hazardous types of work prohibited for children and young persons under 18 years of age appears to have been adopted to date. Observing that the Bolivarian Republic of Venezuela ratified this Convention more than 20 years ago and that no list of hazardous types of work prohibited for children and young persons under 18 years of age has been adopted to date, the Committee urges the Government to take the necessary measures as soon as possible to ensure that such a list is adopted, after consultation of the employers’ and workers’ organizations concerned. It requests the Government to provide information in its next report on all progress made in this regard.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments the Committee observed that, under section 96(1) of the Act of 1998 concerning the protection of children and young persons, the national executive authority may, by decree, determine minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. It also noted the Government’s statement that INPSASEL was considering whether it was necessary to adopt a decree determining minimum ages higher than 14 years and that, once the list of hazardous types of work was adopted, minimum ages would be recommended taking into account the health and best interests of young persons. It finally noted the Government’s indication that INPSASEL would take account in its research of the provisions of Article 3(1) and (3) of the Convention.

The Committee notes with regret that the Government’s report once again contains no information on the progress of the work of INPSASEL with regard to the adoption of a decree fixing minimum ages for the performance of hazardous types of work, in accordance with the provisions of the Convention. It reminds the Government that, in accordance with Article 3(3) of the Convention, the employment or work of young persons between 16 and 18 years of age is only authorized under strict conditions relating to protection and prior training. It underlines the fact that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on the performance of hazardous types of work by young persons under 18 years of age and should not be interpreted as an overall authorization to employ young persons in hazardous work from the age of 16 years. The Committee therefore once again urges the Government to take the necessary measures as soon as possible to ensure that its legislation is amended so that hazardous work may only be authorized for young persons over 16 years of age subject to the strict conditions laid down by Article 3(3) of the Convention.