Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. When ratifying the Convention, the Bolivarian Republic of Venezuela undertook to pursue a national policy designed to ensure the effective abolition of child labour. The Committee would be grateful if the Government would indicate the measures adopted or envisaged to ensure the effective abolition of child labour.

Article 3, paragraphs 1 and 3. Age of admission to hazardous types of work and authorization to work as from the age of 16 years. In its previous comments, the Committee noted that section 96(1) of the Act on the protection of children and young persons of 1998 prohibits the employment of young persons aged between 14 and 18 years on the types of work referred to by the Act. However, it noted that under the terms of section 96, the national executive authorities may, by decree, determine minimum ages that are higher than 14 years for types of work which are hazardous or harmful to the health of young persons. Furthermore, the Committee noted that the National Institute of Occupational Prevention, Safety and Health (INPSASEL) was examining the question of whether it was necessary to adopt a decree determining minimum ages higher than 14 years. In this respect, the Government indicates in its report that INPSASEL is still examining this matter and that once the list of hazardous types of work has been adopted, minimum ages will be recommended taking into account the overall interests and health of young persons.

While noting the Government’s indications, the Committee wishes to remind the Government that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous types of work, that is to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on hazardous types of work on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. This latter provision of the Convention authorizes, under strict prior conditions respecting protection and training, the employment or work of young persons between 16 and 18 years of age and, accordingly, amounts to a limited exception to the general prohibition for young persons under 18 years of age to carry out hazardous types of work. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age, outside the exceptions authorized by the Convention, is authorized to carry out a hazardous type of work, in accordance with the requirements of Article 3, paragraph 1, of the Convention. It also requests the Government to provide information on the results of the INPSASEL study. The Committee trusts that the measures adopted following the study by INPSASEL will be in accordance with the requirements of Article 3, paragraph 3, of the Convention and it requests the Government to provide information on this matter.

Article 3, paragraph 2. Determination of hazardous types of work. With reference to its previous comments, the Committee notes the information provided by the Government according to which INPSASEL is currently examining the various classifications of types of work which are hazardous or harmful for children and young persons which have been determined throughout the world with a view to establishing a list which responds to the Venezuelan situation and to the characteristics of workers in the country. It also notes the various provisions of the Regulations on occupational safety and health conditions and the Labour Code. The Committee recalls that, by virtue of Article 3, paragraph 2, of the Convention, hazardous types of work have to be determined in consultation with the organizations of employers and workers concerned. The Committee hopes that the list of hazardous types of work will be established in the very near future so as to give effect to the provisions of the Convention on this matter. It requests the Government to provide information on any progress achieved in this respect.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the ICFTU, in its communication dated 21 November 2002, indicated that child labour was widespread in the informal economy and in unregulated activities. According to certain estimates, the number of working children, particularly in agriculture, the domestic service and as street vendors, is around 1.2 million. Furthermore, 300,000 children reportedly work in the formal economy. The Committee also noted the Government’s indications that the ICFTU’s comments were imprecise and lacked substance. In view of the high number of working children estimated by the ICFTU, namely 1.2 million, the Committee requested the Government to provide fuller information on child labour in the sectors referred to above.

In its report, the Government indicates that agricultural work and street sales are covered by sections 112 and 113 of the Act on the protection of children and young persons of 1998. It adds that the INPSASEL, in collaboration with the inspection services of the Ministry of Labour, is carrying out inspections relating to work by boys, girls and young persons in both the formal and informal economies. While taking due note of this information, the Committee requests the Government to provide information on the findings of the inspections carried out by INPSASEL and the inspection services of the Ministry of Labour, providing, for example, statistical data on children and young persons working in both the formal and informal economies, and particularly in agriculture, domestic service and as street vendors.