Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information supplied by the Government in its first report.

Article 1 of the Convention. On ratifying the above Convention, Guyana has committed itself to pursuing a national policy designed to ensure the effective abolition of child labour. The Committee would be grateful if the Government would indicate the measures taken to ensure the effective abolition of child labour.

Article 2, paragraphs 1 and 3. The Committee notes that section 7, paragraph 2, of Act No. 9 of 1999 on the employment of young persons and children, employment or work in undertakings in which only members of the same family are employed, is outside the scope of application of legislation. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour contract or not, and whether it is remunerated or not.

The Committee requests the Government to take the necessary measures to annul this exclusion so as to bring national legislation into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to supply information on the type of work being undertaken by children, conditions of employment, number of children in question, and if possible, the age of children. It further requests the Government to provide information on the age of completion of compulsory education.

Article 3, paragraph 2. The Committee notes that section 3 of Part II of the annex to Act No. 9 of 1999 on the employment of young persons and children specifies that the minimum age for admission to any type of employment or work which by its nature, or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of young persons, should not be under 18 years. The Committee notes that section 6(b) of Act No. 9 of 1998 on the employment of young persons and children specifies that the Minister, by virtue of regulations, may extend the application of any of the provisions of the Act on young persons and children to persons who are not children or young persons, and who are under 18 years, in respect of any occupation or occupations in which the employment of such persons may seem deleterious. The Committee remarks that section 2 of the same Act defines "child" as a person under the age of 15 years and "young person" as a person who has ceased to be a child and who is under the age of 16 years.

In light of the above, the Committee believes that prohibiting the employment of young persons under the age of 18 in dangerous tasks, as specified in Article 3 of the Convention is not put in to effect. The Committee requests the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention in this regard. It further requests the Government to provide information on whether consultations with workers’ and employers’ organizations have been held, pursuant to Article 3, paragraph 2, of the Convention.

Article 5. The Committee observes that Article 5, paragraph 2, of the Convention reads as follows: "Each member which avails itself of the provisions of paragraph 1 of this Article, shall specify, in a declaration appended to its ratification, the branches of economic activity or types of undertakings to which it will apply the provisions of the Convention." In this respect, the Committee observes that the Government has not appended a declaration to its instrument of ratification, and that, in its first report, no declaration was made as to limiting the scope of application of the Convention. The Committee notes that article 5 of Part II of the annex to Act No. 9 on the employment of young persons and children reiterates the branches of economic activity, and types of undertakings mentioned under Article 5, paragraph 3, of the Convention, and to which the Convention should apply. Since the Government has not appended a declaration to its instrument of ratification, and since it has not indicated in its first report any restrictions on the scope of application of the Convention, the Convention should apply to all branches of economic activity, and types of undertakings. The Committee therefore requests the Government to indicate the measures taken or envisaged so as to bring national legislation into conformity with the Convention on this point.

Article 6. The Committee requests the Government to indicate the provisions of national legislation on apprenticeship, and the minimum age for admission to apprenticeship.

Article 9, paragraph 3. The Committee notes that section 3, paragraph 3 of Act No. 9 on the Employment of Young Persons and Children specifies that a register be kept in places where young persons are employed giving their dates of birth, and the dates on which they enter and leave the service of their employer. The Committee observes that section 2 of the same Act uses the term "young person" as a person who has ceased to be a child, and who is under the age of 16 years. The Committee recalls Article 9, paragraph 3, of the Convention which prescribes that the registers or other documents be kept and made available by the employer, and that they contain the names and ages or dates of birth, duly certified wherever possible, of persons who he employs or who work for him and who are under 18 years. The Committee requests the Government to take the necessary measures to bring national legislation into conformity with the Convention in this regard.

Part V of the report form. The Committee notes the information contained in the report of the Government, in which no major incidents were reported on child labour. It requests the Government to supply the information on the practical application of the Convention, by giving for example statistical data on the employment of young persons and children, extracts from the reports of inspection services, and detailed information on the number and nature of contraventions.

The Committee requests the Government to communicate to the Office copies of the following legislative texts:

-      Act of 1999 on education, as amended;

-      Act of 1999 on hours and holidays in industry, as amended.