Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee takes note of the Government’s report. It asks the Government to send information on the following points.

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 took note of a statement by 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, the domestic service and as street vendors, and more than 300,000 were working in the informal economy. The Government stated in this connection that work in agriculture and itinerant sales were regulated by sections 112–113 of the Act of 1998 on the protection of children and young people, and that the National Institute for Prevention, Safety and Health at Work (INPSASEL), together with the inspection service of the Ministry of Labour, were carrying out inspections in the area of child labour both in the formal and in the informal sectors. The Committee requested the Government to provide information on measures taken or envisaged to ensure the effective abolition of child labour and the results of the inspection visits carried out by INPSASEL and the inspection service of the Ministry of Labour.

The Committee notes from information available at the Office that the Bolivarian Republic of Venezuela is cooperating with ILO/IPEC and has launched several projects for the elimination of child labour and the protection of young workers, in particular by strengthening the trade unions. It notes that a Pilot Action Plan for Street Children has been adopted and that social programmes to eliminate child labour have been implemented. The Committee further notes the information sent by the Government to the effect that it has launched a programme for the protection of boys, girls and young people (PRONAT), the aim of which is to set up a system for supervising the working conditions of boys, girls and young workers that will secure better protection of their health and their personal and social development. The programme targets children and young workers in the formal and the informal sector and, with a view to guaranteeing their rights in full, provides for the adoption of various policies and action plans. The Committee notes that, according to the Government, the implementation of PRONAT has shown that there are boys, girls and young people who work in the streets or in the agricultural sector and that their activities increase during holiday periods. The Government nevertheless states that although the lack of official statistics makes it impossible to determine the exact number of children and young people who work, it doubts the accuracy of the ITUC’s estimate of the number of working children.

The Committee appreciates the measures taken by the Government to combat child labour, but is concerned at the number of children and young people who work. It strongly encourages the Government to redouble its efforts gradually to remedy the situation. The Committee hopes that the Government will be in a position to provide statistics in its next report showing the extent of child labour, including, for instance, extracts from reports of the inspection services, information on the number and nature of offences reported. Lastly, it asks the Government to provide information on the implementation of the abovementioned projects and on the results obtained in terms of the gradual elimination of child labour.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that according to UNESCO, 92 per cent of girls and 91 per cent of boys attend primary school whereas only 67 per cent of girls and 59 per cent of boys attend secondary school. It notes that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraphs 66–67), the Committee on the Rights of the Child welcomed that children’s education belongs to the top priorities of the Government’s policies and that progress has been made particularly with regard to enrolment rates and school attendance by disadvantaged children. The abovementioned committee nevertheless expressed concern at the low secondary school enrolment rate of indigenous children, children of African descendancy and children living in rural areas, and at the high school drop-out rate. Despite the Government’s efforts, the Committee is likewise concerned at the low secondary school attendance rates. It points out that poverty is one of the main causes of child labour and that combined with a defective education system, it hinders their development. The Committee considers that compulsory education is one of the most effective means of combating child labour, and strongly urges the Government to step up efforts to improve the working of the education system, in particular by increasing the school enrolment rate and reducing the drop-out rate. It further asks the Government to step up efforts to combat child labour by reinforcing measures enabling children who work to be integrated into the school system, whether formal or informal, or into apprenticeship or vocational training as long as minimum age requirements are met.

Article 3, paragraphs 1 and 3. Age of admission to hazardous work and authorization to work from the age of 16. The Committee noted previously that section 96(1) of the 1998 Act on the protection of children and young people prohibits the employment of young persons aged between 14 and 18 years in the types of work referred to by the Act. It nonetheless noted that under the terms of section 96, the national executive authority may, by decree, determine minimum ages that are higher than 14 years for types of work that are hazardous or harmful to the health of young persons. The Government indicated in this connection that INPSASEL was exploring 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 overarching interests and the health of young people. The Committee reminded the Government that, under the Convention, the employment or work of young persons between 16 and 18 years of age may be authorized subject to strict protection and training requirements. It requested the Government to take the necessary steps to ensure that no one under 18 years of age may be authorized to carry out hazardous work, other than in the instances allowed by the Convention. The Committee takes note of the Government’s information that in its research on hazardous work, INPSASEL will take account of the provisions of Article 3, paragraphs 1 and 3, of the Convention. It expresses the firm hope that in its next report the Government will be in a position to supply the results of INPSASEL’s research and that the list of types of hazardous work will be established at the earliest possible date.

Article 3, paragraph 2. Determination of types of hazardous work. With reference to its previous comments, the Committee notes the Government’s information that INPSASEL has completed its study on the classification of types of work that are hazardous for children and young persons and that a multidisciplinary team will conduct further studies to determine, on a scientific basis and using test cases, what exactly is to be understood by hazardous work. The Committee expresses the firm hope that the list of types of hazardous work will be established at the earliest possible date and requests the Government to provide information on all progress made in this respect. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.