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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy for the elimination of child labour, labour inspection and application in practice. The Committee notes the Government’s indication, in its report, that the National Child Labour Policy towards the elimination of child labour 2019 and the National Plan of Action for the Elimination of Child Labour 2019–25 continue to be implemented. The Committee takes due note of the various activities undertaken by the Government under the National Action Plan for the Elimination of Child Labour 2019–25, including: (1) the review of the laws governing child labour with a view to strengthening the legislative protection and enforcement in combating child labour, and the subsequent recommendations made for legislative amendments to fill gaps and clarify or strengthen the effects of offences and penalties; (2) the training of 22 labour inspectors to better investigate, coordinate, monitor and respond to child labour; (3) various poverty eradication measures to create jobs and provide a better income to families; and (4) measures aimed at increasing school enrolment and attendance rates. The Committee notes the Government’s indication that the labour inspectorate conducts regular and frequent inspections across the country (960 inspections in industrial establishments in 2021 and 1,600 inspections between January 2022 and August 2023), but that no case of child labour was observed during these inspections. The Government adds that one of its labour inspectorate unit conducts checks for child labour whenever inspections are done, but that there is no separate child labour inspectorate unit. The Committee further notes with interest the Government’s indication that, according to the Multiple Indicator Cluster Survey 2019–20, there was a decline in child labour across all regions of Guyana. In 2019, 6.4 per cent of children aged 5 to 17 years were engaged in child labour compared to 18 per cent in 2014. The Survey also highlights the decrease in the number of children, aged 5 to 17 years, working under hazardous conditions, from 13 per cent in 2014 to 8 per cent in 2019, and that boys are still more likely to be involved in hazardous work than girls. The Committee encourages the Government to pursue its efforts towards the effective elimination of child labour, including hazardous child labour. It also requests the Government to continue to provide updated statistical information on the employment of children and young persons below the age of 15 in the country and on the number of children under 18 years engaged in hazardous work.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. The Committee notes the Government’s indication that it intends to amend the Employment of Young Persons and Children Act (chapter 99:01) to ensure that persons from the ages of 16–18 years may only be authorized in hazardous work on the conditions that their health, safety and morals are fully protected and that they, in practice, receive adequate specific vocational training, in line with Article 3(3) of the Convention. The Government indicates that it is seeking the assistance of the ILO to this end. The Committee requests the Government to continue its efforts, in cooperation with the ILO, to ensure the amendment of the Employment of Young Persons and Children Act with a view to bringing it into conformity with the Convention and requests the Government to provide a copy of the amendments to the Act once they have been adopted.

Article 9(3). Keeping of registers. The Committee notes the Government’s indication that it considers that all businesses are captured by the definition of “industrial establishment” of section 2(1) of the Occupational Safety and Health Act (chapter 99:06), as it includes “a factory, shop, office, or workplace and any, building or other structure or premises appertaining thereto but does not include premises occupied for residential purposes only”. The Government adds that it has taken note of the Committee’s observation that the legislation should be amended to ensure that all employers, including non-industrial undertakings, should be obliged to keep registers of all employed persons under the age of 18 years, and that the necessary attention will be given to this observation when the occupational safety and health regulations are next reviewed. The Committee once again requests the Government to take the necessary measures to ensure that national legislation or regulations be adopted to ensure that all employers of non-industrial undertakings are also obliged to keep registers of all persons below the age of 18 years who work for them, in conformity with Article 9(3) of the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy for the elimination of child labour, labour inspection and application in practice. For a number of years, the Committee has urged the Government to strengthen its efforts to adopt a national policy for the elimination of child labour and to provide information on the measures taken in this direction. The Committee notes with satisfaction the adoption in 2019 of the National Child Labour Policy, that covers both the formal and informal economy, and the National Action Plan for the Elimination of Child Labour (2019–2025), as indicated in the Government’s report. The objective of the National Child Labour Policy is to provide a supportive environment that fosters and enables the coordination, collaboration and cooperation of all parties concerned (including child protection, education and health sectors), to effectively prevent and eliminate child labour in all its forms. The National Action Plan has a three-fold dimension (preventive, protective and rehabilitative) and focuses on ten strategic issues: (1) enhancing public awareness; (2) promoting civil engagement and children participation; (3) widening access to education; (4) ensuring security for at risk families; (5) strengthening legislation; (6) ensuring rehabilitation for children removed from child labour; (7) building capacities to combat child labour; (8) implementation of a child management information system; (9) guaranteeing adequate resources; and (10) strengthening of leadership and coordination of a multi-sectoral response. The Committee notes that a National Child Labour Prevention and Elimination Committee and a Child Labour Inspectorate will be created to ensure the implementation of the National Action Plan. In this regard, the Child Labour Inspectorate should undertake regular investigation, inspection and monitoring of child labour in collaboration with other actors. The Committee also notes that the Government indicates that the National Steering Committee on Child Labour was re-established by the Ministry of Labour in 2020 and includes representatives from different ministries, the Guyana Child Protection Agency, associations of miners and the private sector. The Committee further notes that, according to the information contained in the National Action Plan, as of 2014, 18 per cent of children aged 5–17 years were engaged in child labour activities and 13 per cent worked under hazardous conditions.The Committee encourages the Government to continue taking measures towards the effective elimination of child labour, including hazardous child labour, within the framework of the National Child Labour Policy and National Action Plan 2019–2025, and to provide information on the results achieved. In this regard, the Committee requests the Government to provide information on the progress made towards the creation and subsequent functioning of the Child Labour Inspectorate. Finally, the Committee requests the Government to provide updated statistical information on the employment of children and young persons below the age of 15 in the country.

Article 3(1) and (2). List of hazardous work. In reply to the Committee’s request for information on the revision of the list of hazardous work, the Government indicates that this matter is still under consideration by the National Tripartite Committee.The Committee requests the Government to continue providing information on the progress made towards the revision of the list of hazardous work prohibited for children under the age of 18 years and to supply a copy of the new list once adopted.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. For a number of years, the Committee has observed that section 6(b) of the Employment of Young Persons and Children Act (Chapter 99:01) authorizes the Minister to regulate the employment of children between the ages of 16–18 years in hazardous work. Recalling that Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16–18 years be authorized only upon the conditions that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training, the Committee urged the Government to bring the Employment of Young Persons and Child Act into conformity with the Convention. The Committee notes the Government’s indication that, in line with the National Action Plan’s strategic objective of strengthening national legislation related to child labour, the Government will send the Employment of Young Persons and Children Act to the National Steering Committee on Child Labour for its consideration and action.The Committee firmly hopes that the National Steering Committee on Child Labour will take the necessary steps to bring the Employment of Young Persons and Children Act into conformity with the Convention and requests the Government to provide a copy of the amendments to the Act once they have been finalized.

Article 9(3). Keeping of registers. The Committee previously noted that section 86(a) of the Occupational Safety and Health Act, Chapter 99:06, provides for the obligation of employers of industrial establishments to keep registers of all employees under the age of 18 years and requested the Government to indicate the legislation that establishes the same obligation for employers in non-industrial undertakings. The Committee notes that the Government indicates that while section 86(a) of the Occupational Safety and Health Act only concerns industrial establishments, the practice of the Ministry of Labour is to have in the general register the particulars of persons under the age of 18 years employed outside industrial undertakings. Taking note of the practice of the Ministry of Labour, the Committee recalls that, according to Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents, which shall be kept and made available by the employer, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of all persons employed under the age of 18 years.Therefore, the Committee requests the Government to take the necessary measures to ensure that national legislation or regulations be adopted to ensure that all employers of non-industrial undertakings are obliged to keep registers of all persons below the age of 18 years who work for them, in conformity with Article 9(3) of the Convention and the indicated practice.

The Committee recalls that the Government can avail itself of ILO technical assistance in relation to the issues raised in this observation.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. National policy for the elimination of child labour, labour inspection and application in practice. For a number of years, the Committee has urged the Government to strengthen its efforts to adopt a national policy for the elimination of child labour and to provide information on the measures taken in this direction. The Committee notes with satisfaction the adoption in 2019 of the National Child Labour Policy, that covers both the formal and informal economy, and the National Action Plan for the Elimination of Child Labour (2019–2025), as indicated in the Government’s report. The objective of the National Child Labour Policy is to provide a supportive environment that fosters and enables the coordination, collaboration and cooperation of all parties concerned (including child protection, education and health sectors), to effectively prevent and eliminate child labour in all its forms. The National Action Plan has a three-fold dimension (preventive, protective and rehabilitative) and focuses on ten strategic issues: (1) enhancing public awareness; (2) promoting civil engagement and children participation; (3) widening access to education; (4) ensuring security for at risk families; (5) strengthening legislation; (6) ensuring rehabilitation for children removed from child labour; (7) building capacities to combat child labour; (8) implementation of a child management information system; (9) guaranteeing adequate resources; and (10) strengthening of leadership and coordination of a multi-sectoral response. The Committee notes that a National Child Labour Prevention and Elimination Committee and a Child Labour Inspectorate will be created to ensure the implementation of the National Action Plan. In this regard, the Child Labour Inspectorate should undertake regular investigation, inspection and monitoring of child labour in collaboration with other actors. The Committee also notes that the Government indicates that the National Steering Committee on Child Labour was re-established by the Ministry of Labour in 2020 and includes representatives from different ministries, the Guyana Child Protection Agency, associations of miners and the private sector. The Committee further notes that, according to the information contained in the National Action Plan, as of 2014, 18 per cent of children aged 5–17 years were engaged in child labour activities and 13 per cent worked under hazardous conditions. The Committee encourages the Government to continue taking measures towards the effective elimination of child labour, including hazardous child labour, within the framework of the National Child Labour Policy and National Action Plan 2019–2025, and to provide information on the results achieved. In this regard, the Committee requests the Government to provide information on the progress made towards the creation and subsequent functioning of the Child Labour Inspectorate. Finally, the Committee requests the Government to provide updated statistical information on the employment of children and young persons below the age of 15 in the country.

Article 3(1) and (2). List of hazardous work. In reply to the Committee’s request for information on the revision of the list of hazardous work, the Government indicates that this matter is still under consideration by the National Tripartite Committee. The Committee requests the Government to continue providing information on the progress made towards the revision of the list of hazardous work prohibited for children under the age of 18 years and to supply a copy of the new list once adopted.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. For a number of years, the Committee has observed that section 6(b) of the Employment of Young Persons and Children Act (Chapter 99:01) authorizes the Minister to regulate the employment of children between the ages of 16–18 years in hazardous work. Recalling that Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16–18 years be authorized only upon the conditions that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training, the Committee urged the Government to bring the Employment of Young Persons and Child Act into conformity with the Convention. The Committee notes the Government’s indication that, in line with the National Action Plan’s strategic objective of strengthening national legislation related to child labour, the Government will send the Employment of Young Persons and Children Act to the National Steering Committee on Child Labour for its consideration and action. The Committee firmly hopes that the National Steering Committee on Child Labour will take the necessary steps to bring the Employment of Young Persons and Children Act into conformity with the Convention and requests the Government to provide a copy of the amendments to the Act once they have been finalized.

Article 9(3). Keeping of registers. The Committee previously noted that section 86(a) of the Occupational Safety and Health Act, Chapter 99:06, provides for the obligation of employers of industrial establishments to keep registers of all employees under the age of 18 years and requested the Government to indicate the legislation that establishes the same obligation for employers in non-industrial undertakings. The Committee notes that the Government indicates that while section 86(a) of the Occupational Safety and Health Act only concerns industrial establishments, the practice of the Ministry of Labour is to have in the general register the particulars of persons under the age of 18 years employed outside industrial undertakings. Taking note of the practice of the Ministry of Labour, the Committee recalls that, according to Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents, which shall be kept and made available by the employer, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of all persons employed under the age of 18 years. Therefore, the Committee requests the Government to take the necessary measures to ensure that national legislation or regulations be adopted to ensure that all employers of non-industrial undertakings are obliged to keep registers of all persons below the age of 18 years who work for them, in conformity with Article 9(3) of the Convention and the indicated practice.

The Committee recalls that the Government can avail itself of ILO technical assistance in relation to the issues raised in this observation.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy for the elimination of child labour. National action plan. The Committee previously noted that the Government reiterated its commitment to adopting a national policy designed to ensure the effective abolition of child labour in the country since 2001. The Committee also noted that, although the Government undertook a number of policy measures aimed at tackling child labour through education programmes, in particular under the ILO–IPEC project entitled “Tackle child labour through education” (TACKLE project), it continued to indicate that a National Plan of Action for Children (NPAC) was under development. The Committee notes that the Government’s report does not contain any new information in this regard. The Committee therefore once again urges the Government to strengthen its efforts to finalize the NPAC and to provide a copy of it in the very near future. Furthermore, noting the Government’s previous indication that the National Steering Committee on Child Labour – which had initiated and drafted a national action plan to eliminate and prevent child labour – is no longer functioning, the Committee requests the Government to provide updated information on the measures taken or envisaged to finalize this process.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. In its previous comments, the Committee observed that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) grants the Minister discretion to authorize, through regulations, the engagement of young persons between the ages of 16 and 18 years in hazardous work. The Committee also observed that, although sections 41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA), aim to prevent young persons from undertaking employment activities that could impede their physical health or emotional development, the Government had identified difficulties in monitoring and enforcing those provisions. The Government accordingly indicated that Act No. 9 of 1999 would be amended to ensure that the protections afforded under the Act are extended to all young persons under the age of 18 years.

The Committee noted that the Government’s previous report did not contain any new information and merely stated that no ministerial regulations had been issued and that the OSHA provisions ensure that young persons between 16 and 18 years who are employed in hazardous work receive adequate specific vocational training. However, the Committee noted the inadequate measures for monitoring and enforcing the OSHA provisions and that, notwithstanding the significant number of children involved in hazardous work, only three such cases had been reported to the Government’s reporting mechanism.

The Committee notes with deep concern that the Government’s report provides no new information concerning the process of amending Act No. 9 of 1999, despite its repeated commitment over the years to do so. It once again draws the Government’s attention to paragraph 381 of the 2012 General Survey on the fundamental Conventions, which stresses that compliance with Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16 to 18 years be authorized only upon the conditions that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training. The Committee accordingly once again urges the Government to take measures to amend Act No. 9 of 1999 in the near future so as to ensure conformity with Article 3(3) of the Convention by providing adequate protection to young persons between the ages of 16 and 18, and to supply a copy of the amendments once they have been finalized. Moreover, recalling the Government’s indication that efforts are under way with the tripartite partners to include additional areas of work on the hazardous work list, the Committee requests the Government to supply a copy of this amended list once it becomes available.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s indication that section 86(a) of the OSHA, Chapter 99:10, provides for the obligation of employers of industrial establishments to record, and keep in a register, the prescribed particulars of all employees under the age of 18 years. The Committee requests that the Government indicate which provisions establish the same obligation for the employment of young persons under 18 years of age in non-industrial undertakings.

Labour inspection and practical application of the Convention. The Committee previously noted the results of the Multiple Cluster Indicator Survey identifying a high percentage of working children in the country. The Committee also noted the indication of the International Trade Union Confederation (ITUC) that labour inspectors fail to effectively enforce the applicable legislation and that child labour was particularly prevalent in the informal economy.

In response, the Government simply indicated that its labour inspectors routinely conduct workplace inspections and that there had been no evidence of child labour. Nevertheless, the Committee noted a three-year programme which aimed to, among others, strengthen the capacity of national and local authorities in the formulation, implementation and enforcement of the legal framework on child labour and which would include a focus on child labour in the informal economy. Noting the absence of information provided in this respect, the Committee once again requests that the Government strengthen its efforts to combat child labour, including in the informal economy, and to provide information on the results achieved in this regard. Furthermore, recalling that the Government is establishing a baseline survey on child labour, the Committee again requests the Government to provide information concerning the results of the survey.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy for the elimination of child labour. National action plan. The Committee previously noted that the Government reiterated its commitment to adopting a national policy designed to ensure the effective abolition of child labour in the country since 2001. The Committee also noted that, although the Government undertook a number of policy measures aimed at tackling child labour through education programmes, in particular under the ILO–IPEC project entitled “Tackle child labour through education” (TACKLE project), it continued to indicate that a National Plan of Action for Children (NPAC) was under development. The Committee notes that the Government’s report does not contain any new information in this regard. The Committee therefore once again urges the Government to strengthen its efforts to finalize the NPAC and to provide a copy of it in the very near future. Furthermore, noting the Government’s previous indication that the National Steering Committee on Child Labour – which had initiated and drafted a national action plan to eliminate and prevent child labour – is no longer functioning, the Committee requests the Government to provide updated information on the measures taken or envisaged to finalize this process.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. In its previous comments, the Committee observed that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) grants the Minister discretion to authorize, through regulations, the engagement of young persons between the ages of 16 and 18 years in hazardous work. The Committee also observed that, although sections 41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA), aim to prevent young persons from undertaking employment activities that could impede their physical health or emotional development, the Government had identified difficulties in monitoring and enforcing those provisions. The Government accordingly indicated that Act No. 9 of 1999 would be amended to ensure that the protections afforded under the Act are extended to all young persons under the age of 18 years.

The Committee noted that the Government’s previous report did not contain any new information and merely stated that no ministerial regulations had been issued and that the OSHA provisions ensure that young persons between 16 and 18 years who are employed in hazardous work receive adequate specific vocational training. However, the Committee noted the inadequate measures for monitoring and enforcing the OSHA provisions and that, notwithstanding the significant number of children involved in hazardous work, only three such cases had been reported to the Government’s reporting mechanism.

The Committee notes with deep concern that the Government’s report provides no new information concerning the process of amending Act No. 9 of 1999, despite its repeated commitment over the years to do so. It once again draws the Government’s attention to paragraph 381 of the 2012 General Survey on the fundamental Conventions, which stresses that compliance with Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16 to 18 years be authorized only upon the conditions that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training. The Committee accordingly once again urges the Government to take measures to amend Act No. 9 of 1999 in the near future so as to ensure conformity with Article 3(3) of the Convention by providing adequate protection to young persons between the ages of 16 and 18, and to supply a copy of the amendments once they have been finalized. Moreover, recalling the Government’s indication that efforts are under way with the tripartite partners to include additional areas of work on the hazardous work list, the Committee requests the Government to supply a copy of this amended list once it becomes available.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s indication that section 86(a) of the OSHA, Chapter 99:10, provides for the obligation of employers of industrial establishments to record, and keep in a register, the prescribed particulars of all employees under the age of 18 years. The Committee requests that the Government indicate which provisions establish the same obligation for the employment of young persons under 18 years of age in non-industrial undertakings.

Labour inspection and practical application of the Convention. The Committee previously noted the results of the Multiple Cluster Indicator Survey identifying a high percentage of working children in the country. The Committee also noted the indication of the International Trade Union Confederation (ITUC) that labour inspectors fail to effectively enforce the applicable legislation and that child labour was particularly prevalent in the informal economy.

In response, the Government simply indicated that its labour inspectors routinely conduct workplace inspections and that there had been no evidence of child labour. Nevertheless, the Committee noted a three-year programme which aimed to, among others, strengthen the capacity of national and local authorities in the formulation, implementation and enforcement of the legal framework on child labour and which would include a focus on child labour in the informal economy. Noting the absence of information provided in this respect, the Committee once again requests that the Government strengthen its efforts to combat child labour, including in the informal economy, and to provide information on the results achieved in this regard. Furthermore, recalling that the Government is establishing a baseline survey on child labour, the Committee again requests the Government to provide information concerning the results of the survey.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Article 1 of the Convention. National policy for the elimination of child labour. National action plan. The Committee previously noted that the Government reiterated its commitment to adopting a national policy designed to ensure the effective abolition of child labour in the country since 2001. The Committee also noted that, although the Government undertook a number of policy measures aimed at tackling child labour through education programmes, in particular under the ILO–IPEC project entitled “Tackle child labour through education” (TACKLE project), it continued to indicate that a National Plan of Action for Children (NPAC) was under development. The Committee notes that the Government’s report does not contain any new information in this regard. The Committee therefore once again urges the Government to strengthen its efforts to finalize the NPAC and to provide a copy of it in the very near future. Furthermore, noting the Government’s previous indication that the National Steering Committee on Child Labour – which had initiated and drafted a national action plan to eliminate and prevent child labour – is no longer functioning, the Committee requests the Government to provide updated information on the measures taken or envisaged to finalize this process.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. In its previous comments, the Committee observed that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) grants the Minister discretion to authorize, through regulations, the engagement of young persons between the ages of 16 and 18 years in hazardous work. The Committee also observed that, although sections 41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA), aim to prevent young persons from undertaking employment activities that could impede their physical health or emotional development, the Government had identified difficulties in monitoring and enforcing those provisions. The Government accordingly indicated that Act No. 9 of 1999 would be amended to ensure that the protections afforded under the Act are extended to all young persons under the age of 18 years.

The Committee noted that the Government’s previous report did not contain any new information and merely stated that no ministerial regulations had been issued and that the OSHA provisions ensure that young persons between 16 and 18 years who are employed in hazardous work receive adequate specific vocational training. However, the Committee noted the inadequate measures for monitoring and enforcing the OSHA provisions and that, notwithstanding the significant number of children involved in hazardous work, only three such cases had been reported to the Government’s reporting mechanism.

The Committee notes with deep concern that the Government’s report provides no new information concerning the process of amending Act No. 9 of 1999, despite its repeated commitment over the years to do so. It once again draws the Government’s attention to paragraph 381 of the 2012 General Survey on the fundamental Conventions, which stresses that compliance with Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16 to 18 years be authorized only upon the conditions that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training. The Committee accordingly once again urges the Government to take measures to amend Act No. 9 of 1999 in the near future so as to ensure conformity with Article 3(3) of the Convention by providing adequate protection to young persons between the ages of 16 and 18, and to supply a copy of the amendments once they have been finalized. Moreover, recalling the Government’s indication that efforts are under way with the tripartite partners to include additional areas of work on the hazardous work list, the Committee requests the Government to supply a copy of this amended list once it becomes available.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s indication that section 86(a) of the OSHA, Chapter 99:10, provides for the obligation of employers of industrial establishments to record, and keep in a register, the prescribed particulars of all employees under the age of 18 years. The Committee requests that the Government indicate which provisions establish the same obligation for the employment of young persons under 18 years of age in non-industrial undertakings.

Labour inspection and practical application of the Convention. The Committee previously noted the results of the Multiple Cluster Indicator Survey identifying a high percentage of working children in the country. The Committee also noted the indication of the International Trade Union Confederation (ITUC) that labour inspectors fail to effectively enforce the applicable legislation and that child labour was particularly prevalent in the informal economy.

In response, the Government simply indicated that its labour inspectors routinely conduct workplace inspections and that there had been no evidence of child labour. Nevertheless, the Committee noted a three-year programme which aimed to, among others, strengthen the capacity of national and local authorities in the formulation, implementation and enforcement of the legal framework on child labour and which would include a focus on child labour in the informal economy. Noting the absence of information provided in this respect, the Committee once again requests that the Government strengthen its efforts to combat child labour, including in the informal economy, and to provide information on the results achieved in this regard. Furthermore, recalling that the Government is establishing a baseline survey on child labour, the Committee again requests the Government to provide information concerning the results of the survey.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy for the elimination of child labour. National action plan. The Committee previously noted that the Government reiterated its commitment to adopting a national policy designed to ensure the effective abolition of child labour in the country since 2001. The Committee also noted that, although the Government undertook a number of policy measures aimed at tackling child labour through education programmes, in particular under the ILO–IPEC project entitled “Tackle child labour through education” (TACKLE project), it continued to indicate that a National Plan of Action for Children (NPAC) was under development. The Committee notes that the Government’s report does not contain any new information in this regard. The Committee therefore once again urges the Government to strengthen its efforts to finalize the NPAC and to provide a copy of it in the very near future. Furthermore, noting the Government’s previous indication that the National Steering Committee on Child Labour – which had initiated and drafted a national action plan to eliminate and prevent child labour – is no longer functioning, the Committee requests the Government to provide updated information on the measures taken or envisaged to finalize this process.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. In its previous comments, the Committee observed that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) grants the Minister discretion to authorize, through regulations, the engagement of young persons between the ages of 16 and 18 years in hazardous work. The Committee also observed that, although sections 41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA), aim to prevent young persons from undertaking employment activities that could impede their physical health or emotional development, the Government had identified difficulties in monitoring and enforcing those provisions. The Government accordingly indicated that Act No. 9 of 1999 would be amended to ensure that the protections afforded under the Act are extended to all young persons under the age of 18 years.

The Committee noted that the Government’s previous report did not contain any new information and merely stated that no ministerial regulations had been issued and that the OSHA provisions ensure that young persons between 16 and 18 years who are employed in hazardous work receive adequate specific vocational training. However, the Committee noted the inadequate measures for monitoring and enforcing the OSHA provisions and that, notwithstanding the significant number of children involved in hazardous work, only three such cases had been reported to the Government’s reporting mechanism.

The Committee notes with deep concern that the Government’s report provides no new information concerning the process of amending Act No. 9 of 1999, despite its repeated commitment over the years to do so. It once again draws the Government’s attention to paragraph 381 of the 2012 General Survey on the fundamental Conventions, which stresses that compliance with Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16–18 years be authorized only upon the conditions that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training. The Committee accordingly once again urges the Government to take measures to amend Act No. 9 of 1999 in the near future so as to ensure conformity with Article 3(3) of the Convention by providing adequate protection to young persons between the ages of 16 and 18, and to supply a copy of the amendments once they have been finalized. Moreover, recalling the Government’s indication that efforts are under way with the tripartite partners to include additional areas of work on the hazardous work list, the Committee requests the Government to supply a copy of this amended list once it becomes available.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s indication that section 86(a) of the OSHA, Chapter 99:10, provides for the obligation of employers of industrial establishments to record, and keep in a register, the prescribed particulars of all employees under the age of 18 years. The Committee requests that the Government indicate which provisions establish the same obligation for the employment of young persons under 18 years of age in non-industrial undertakings.

Labour inspection and practical application of the Convention. The Committee previously noted the results of the Multiple Cluster Indicator Survey identifying a high percentage of working children in the country. The Committee also noted the indication of the International Trade Union Confederation (ITUC) that labour inspectors fail to effectively enforce the applicable legislation and that child labour was particularly prevalent in the informal economy.

In response, the Government simply indicated that its labour inspectors routinely conduct workplace inspections and that there had been no evidence of child labour. Nevertheless, the Committee noted a three-year programme which aimed to, among others, strengthen the capacity of national and local authorities in the formulation, implementation and enforcement of the legal framework on child labour and which would include a focus on child labour in the informal economy. Noting the absence of information provided in this respect, the Committee once again requests that the Government strengthen its efforts to combat child labour, including in the informal economy, and to provide information on the results achieved in this regard. Furthermore, recalling that the Government is establishing a baseline survey on child labour, the Committee again requests the Government to provide information concerning the results of the survey.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy for the elimination of child labour and national action plan. The Committee recalls that the Government has been reiterating its commitment to adopting a national policy designed to ensure the effective abolition of child labour in the country for nearly 15 years. The Committee also notes that, although the Government has undertaken a number of policy measures aimed to tackle child labour through education programmes, in particular under the ILO–IPEC project entitled “Tackle child labour through education” (TACKLE project) and under the Millennium Development Goals, it continues to indicate that that a National Plan of Action for Children (NPAC) is under development. The Committee accordingly urges the Government to strengthen its efforts to finalize the NPAC and to provide a copy of it in the very near future. Furthermore, noting the Government’s indication that the National Steering Committee on Child Labour – which had initiated and drafted a national action plan to eliminate and prevent child labour – is no longer functioning, the Committee requests the Government to provide updated information on the measures taken or envisaged to finalize this process.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. In previous comments, the Committee observed that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children (hereafter, Act No. 9 of 1999) grants the Minister discretion to authorize, through regulations, the engagement of young persons between the ages of 16 and 18 years in hazardous work. The Committee also observed that, although sections 41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA) aim to prevent young persons from undertaking employment activity that could impede their physical health or emotional development, the Government has identified difficulties in monitoring and enforcing those provisions. The Government accordingly indicated that Act No. 9 of 1999 will be amended to ensure that the protections afforded under the Act are extended to all young persons under the age of 18 years.

The Committee notes with concern that the Government’s latest information provides no new information concerning the process of amending Act No. 9 of 1999, despite its repeated commitment over the years to do so. Rather, it states that no ministerial regulations have been issued and that the OSHA provisions ensure that young persons between 16 and 18 years who are employed in hazardous work receive adequate specific vocational training. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations on the combined second to fourth periodic reports of Guyana in June 2013 (CRC/C/GUY/CO/2-4, paragraph 59(c)–(d)), noted the inadequate measures for monitoring and enforcing the OSHA provisions and that, notwithstanding reports of significant numbers of children involved in hazardous work, only three such cases had been reported to the Government’s reporting mechanism.

The Committee draws the Government’s attention in this respect to paragraph 381 of the 2012 General Survey on the fundamental Conventions, which stresses that compliance with Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16 to 18 years be authorized only upon condition that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training. The Committee accordingly urges the Government to take measures to amend Act No. 9 of 1999 in the near future so as to ensure conformity with Article 3(3) of the Convention by providing adequate protection to young persons of ages 16 and above and to supply a copy of the amendments once they have been finalized. Moreover, noting the Government’s indication that efforts are underway with the tripartite partners to include additional areas of work on the hazardous work list, the Committee requests the Government to supply a copy of this amended list once it becomes available.

Article 9(3). Keeping of registers. In its previous report, the Committee noted that section 3(3), read in conjunction with section 3(2), of Act No. 9 of 1999 requires registers to be kept in places where young persons under the age of 16 years are employed, rather than 18 years as required under Article 9(3) of the Convention. Noting the absence of information on this point, the Committee requests the Government to provide updated information on the process of amending section 3 of Act No. 9 of 1999 to bring it into conformity with the Convention and to supply a copy of the amendments once they have been finalized.

Labour inspection and practical application of the Convention. The Committee recalls its previous comments which noted the results of the 2001 Multiple Cluster Indicator Survey identifying a high percentage of working children in the country. The Committee also noted the indication of the International Trade Union Confederation (ITUC) that labour inspectors fail to effectively enforce the applicable legislation and that child labour was particularly prevalent in the informal economy.

The Committee notes that the Government’s latest report simply indicates that its labour inspectors routinely conduct workplace inspections and that there has been no evidence of child labour. Nevertheless, the Committee also notes the information contained in the Government’s 2011 report to the UN Office of the High Commissioner for Human Rights (OHCHR) concerning a three-year programme which aims to, among others, strengthen the capacity of national and local authorities in the formulation, implementation and enforcement of the legal framework on child labour and which will include a focus on child labour in the informal economy. The Committee accordingly requests the Government to continue to strengthen its efforts to combat child labour, including in the informal economy, and to provide information on the impact in this regard. Furthermore, noting the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it is establishing a baseline survey on child labour, the Committee requests the Government to provide information concerning the results of the survey in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy for the elimination of child labour and national action plan. The Committee recalls that the Government has been reiterating its commitment to adopting a national policy designed to ensure the effective abolition of child labour in the country for nearly 15 years. The Committee also notes that, although the Government has undertaken a number of policy measures aimed to tackle child labour through education programmes, in particular under the ILO–IPEC project entitled “Tackle child labour through education” (TACKLE project) and under the Millennium Development Goals, it continues to indicate that that a National Plan of Action for Children (NPAC) is under development. The Committee accordingly urges the Government to strengthen its efforts to finalize the NPAC and to provide a copy of it in the very near future. Furthermore, noting the Government’s indication that the National Steering Committee on Child Labour – which had initiated and drafted a national action plan to eliminate and prevent child labour – is no longer functioning, the Committee requests the Government to provide updated information on the measures taken or envisaged to finalize this process.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. In previous comments, the Committee observed that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children (hereafter, Act No. 9 of 1999) grants the Minister discretion to authorize, through regulations, the engagement of young persons between the ages of 16 and 18 years in hazardous work. The Committee also observed that, although sections 41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA) aim to prevent young persons from undertaking employment activity that could impede their physical health or emotional development, the Government has identified difficulties in monitoring and enforcing those provisions. The Government accordingly indicated that Act No. 9 of 1999 will be amended to ensure that the protections afforded under the Act are extended to all young persons under the age of 18 years.

The Committee notes with concern that the Government’s latest information provides no new information concerning the process of amending Act No. 9 of 1999, despite its repeated commitment over the years to do so. Rather, it states that no ministerial regulations have been issued and that the OSHA provisions ensure that young persons between 16 and 18 years who are employed in hazardous work receive adequate specific vocational training. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations on the combined second to fourth periodic reports of Guyana in June 2013 (CRC/C/GUY/CO/2-4, paragraph 59(c)–(d)), noted the inadequate measures for monitoring and enforcing the OSHA provisions and that, notwithstanding reports of significant numbers of children involved in hazardous work, only three such cases had been reported to the Government’s reporting mechanism.

The Committee draws the Government’s attention in this respect to paragraph 381 of the 2012 General Survey on the fundamental Conventions, which stresses that compliance with Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16 to 18 years be authorized only upon condition that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training. The Committee accordingly urges the Government to take measures to amend Act No. 9 of 1999 in the near future so as to ensure conformity with Article 3(3) of the Convention by providing adequate protection to young persons of ages 16 and above and to supply a copy of the amendments once they have been finalized. Moreover, noting the Government’s indication that efforts are underway with the tripartite partners to include additional areas of work on the hazardous work list, the Committee requests the Government to supply a copy of this amended list once it becomes available.

Article 9(3). Keeping of registers. In its previous report, the Committee noted that section 3(3), read in conjunction with section 3(2), of Act No. 9 of 1999 requires registers to be kept in places where young persons under the age of 16 years are employed, rather than 18 years as required under Article 9(3) of the Convention. Noting the absence of information on this point, the Committee requests the Government to provide updated information on the process of amending section 3 of Act No. 9 of 1999 to bring it into conformity with the Convention and to supply a copy of the amendments once they have been finalized.

Labour inspection and practical application of the Convention. The Committee recalls its previous comments which noted the results of the 2001 Multiple Cluster Indicator Survey identifying a high percentage of working children in the country. The Committee also noted the indication of the International Trade Union Confederation (ITUC) that labour inspectors fail to effectively enforce the applicable legislation and that child labour was particularly prevalent in the informal economy.

The Committee notes that the Government’s latest report simply indicates that its labour inspectors routinely conduct workplace inspections and that there has been no evidence of child labour. Nevertheless, the Committee also notes the information contained in the Government’s 2011 report to the UN Office of the High Commissioner for Human Rights (OHCHR) concerning a three-year programme which aims to, among others, strengthen the capacity of national and local authorities in the formulation, implementation and enforcement of the legal framework on child labour and which will include a focus on child labour in the informal economy. The Committee accordingly requests the Government to continue to strengthen its efforts to combat child labour, including in the informal economy, and to provide information on the impact in this regard. Furthermore, noting the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it is establishing a baseline survey on child labour, the Committee requests the Government to provide information concerning the results of the survey in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. National policy for the elimination of child labour and national action plan. The Committee recalls that the Government has been reiterating its commitment to adopting a national policy designed to ensure the effective abolition of child labour in the country for nearly 15 years. The Committee also notes that, although the Government has undertaken a number of policy measures aimed to tackle child labour through education programmes, in particular under the ILO–IPEC project entitled “Tackle child labour through education” (TACKLE project) and under the Millennium Development Goals, it continues to indicate that that a National Plan of Action for Children (NPAC) is under development. The Committee accordingly urges the Government to strengthen its efforts to finalize the NPAC and to provide a copy of it in the very near future. Furthermore, noting the Government’s indication that the National Steering Committee on Child Labour – which had initiated and drafted a national action plan to eliminate and prevent child labour – is no longer functioning, the Committee requests the Government to provide updated information on the measures taken or envisaged to finalize this process.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. In previous comments, the Committee observed that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children (hereafter, Act No. 9 of 1999) grants the Minister discretion to authorize, through regulations, the engagement of young persons between the ages of 16 and 18 years in hazardous work. The Committee also observed that, although sections 41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA) aim to prevent young persons from undertaking employment activity that could impede their physical health or emotional development, the Government has identified difficulties in monitoring and enforcing those provisions. The Government accordingly indicated that Act No. 9 of 1999 will be amended to ensure that the protections afforded under the Act are extended to all young persons under the age of 18 years.

The Committee notes with concern that the Government’s latest information provides no new information concerning the process of amending Act No. 9 of 1999, despite its repeated commitment over the years to do so. Rather, it states that no ministerial regulations have been issued and that the OSHA provisions ensure that young persons between 16 and 18 years who are employed in hazardous work receive adequate specific vocational training. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations on the combined second to fourth periodic reports of Guyana in June 2013 (CRC/C/GUY/CO/2-4, paragraph 59(c)–(d)), noted the inadequate measures for monitoring and enforcing the OSHA provisions and that, notwithstanding reports of significant numbers of children involved in hazardous work, only three such cases had been reported to the Government’s reporting mechanism.

The Committee draws the Government’s attention in this respect to paragraph 381 of the 2012 General Survey on the fundamental Conventions, which stresses that compliance with Article 3(3) of the Convention requires that any hazardous work for persons from the ages of 16 to 18 years be authorized only upon condition that the health, safety and morals of the young persons concerned are fully protected and that they, in practice, receive adequate specific vocational training. The Committee accordingly urges the Government to take measures to amend Act No. 9 of 1999 in the near future so as to ensure conformity with Article 3(3) of the Convention by providing adequate protection to young persons of ages 16 and above and to supply a copy of the amendments once they have been finalized. Moreover, noting the Government’s indication that efforts are underway with the tripartite partners to include additional areas of work on the hazardous work list, the Committee requests the Government to supply a copy of this amended list once it becomes available.

Article 9(3). Keeping of registers. In its previous report, the Committee noted that section 3(3), read in conjunction with section 3(2), of Act No. 9 of 1999 requires registers to be kept in places where young persons under the age of 16 years are employed, rather than 18 years as required under Article 9(3) of the Convention. Noting the absence of information on this point, the Committee requests the Government to provide updated information on the process of amending section 3 of Act No. 9 of 1999 to bring it into conformity with the Convention and to supply a copy of the amendments once they have been finalized.

Parts III and V of the report form. Labour inspection and practical application of the Convention. The Committee recalls its previous comments which noted the results of the 2001 Multiple Cluster Indicator Survey identifying a high percentage of working children in the country. The Committee also noted the indication of the International Trade Union Confederation (ITUC) that labour inspectors fail to effectively enforce the applicable legislation and that child labour was particularly prevalent in the informal economy.

The Committee notes that the Government’s latest report simply indicates that its labour inspectors routinely conduct workplace inspections and that there has been no evidence of child labour. Nevertheless, the Committee also notes the information contained in the Government’s 2011 report to the UN Office of the High Commissioner for Human Rights (OHCHR) concerning a three-year programme which aims to, among others, strengthen the capacity of national and local authorities in the formulation, implementation and enforcement of the legal framework on child labour and which will include a focus on child labour in the informal economy. The Committee accordingly requests the Government to continue to strengthen its efforts to combat child labour, including in the informal economy, and to provide information on the impact in this regard. Furthermore, noting the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that it is establishing a baseline survey on child labour, the Committee requests the Government to provide information concerning the results of the survey in its next report.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that for the sixth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. National policy for the elimination of child labour. National Plan of Action for Children. In its previous comments, the Committee noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee noted the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

Action plan to eliminate and prevent child labour. The Committee noted with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further noted the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. The Committee noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act 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 observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee noted the Government’s information that no regulations have been made pursuant to section 6(b). It also noted the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee noted the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9(3). Keeping of registers by employers. The Committee previously noted that section 3(3) of Act No. 9 of 1999 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 observed that section 2 of the abovementioned 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 requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9(3) of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee noted the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee noted the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also noted the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0–14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee took note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It noted that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that, for the fifth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. National policy for the elimination of child labour. National Plan of Action for Children. In its previous comments, the Committee had noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee noted the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

Action plan to eliminate and prevent child labour. The Committee noted with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further noted the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act 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 had observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee had observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee noted the Government’s information that no regulations have been made pursuant to section 6(b). It also noted the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee noted the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9(3). Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 of 1999 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 had observed that section 2 of the abovementioned 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 had requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9(3) of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee noted the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee noted the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also noted the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0–14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee took note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It noted that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.

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

The Committee notes with regret that, for the fourth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. National policy for the elimination of child labour. National Plan of Action for Children. In its previous comments, the Committee had noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee noted the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

Action plan to eliminate and prevent child labour. The Committee noted with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further noted the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3(2). Determination of hazardous types of work. The Committee had previously requested the Government to indicate whether a list of types of hazardous work had been established and, if so, to supply a copy. The Committee noted with interest the list of 22 hazardous occupations and processes in Guyana submitted by the Government with its report (including mining, construction and factory work, certain farming and agricultural activities, lifting and carrying weights, and exposure to hazardous substances). It also noted that the list was compiled with the due involvement of “key stakeholders”.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act 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 had observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee had observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee noted the Government’s information that no regulations have been made pursuant to section 6(b). It also noted the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee noted the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9(3). Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 of 1999 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 had observed that section 2 of the abovementioned 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 had requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9(3) of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee noted the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee noted the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also noted the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0–14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee took note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It noted that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that, for the third consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy for the elimination of child labour. 1. National Plan of Action for Children. In its previous comments, the Committee had noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee noted the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

2. Action plan to eliminate and prevent child labour. The Committee noted with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further noted the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3(2). Determination of hazardous types of work. The Committee had previously requested the Government to indicate whether a list of types of hazardous work had been established and, if so, to supply a copy. The Committee noted with interest the list of 22 hazardous occupations and processes in Guyana submitted by the Government with its report (including mining, construction and factory work, certain farming and agricultural activities, lifting and carrying weights, and exposure to hazardous substances). It also noted that the list was compiled with the due involvement of “key stakeholders”.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act 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 had observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee had observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee noted the Government’s information that no regulations have been made pursuant to section 6(b). It also noted the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee noted the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9(3). Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 of 1999 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 had observed that section 2 of the abovementioned 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 had requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9(3) of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee noted the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee noted the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also noted the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0–14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee took note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It noted that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy for the elimination of child labour. 1. National Plan of Action for Children. In its previous comments, the Committee had noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee notes the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

2. Action plan to eliminate and prevent child labour. The Committee notes with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further notes the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3, paragraph 2. Determination of hazardous types of work. The Committee had previously requested the Government to indicate whether a list of types of hazardous work had been established and, if so, to supply a copy. The Committee notes with interest the list of 22 hazardous occupations and processes in Guyana submitted by the Government with its report (including mining, construction and factory work, certain farming and agricultural activities, lifting and carrying weights, and exposure to hazardous substances). It also notes that the list was compiled with the due involvement of “key stakeholders”.

Article 3, paragraph 3. Authorization to work in hazardous employment from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act 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 had observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee had observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee notes the Government’s information that no regulations have been made pursuant to section 6(b). It also notes the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee notes the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 of 1999 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 had observed that section 2 of the abovementioned 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 had requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9(3) of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee notes the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee notes the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also notes the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0–14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee takes note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It notes that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy. 1. National Plan of Action for Children. In its previous comments, the Committee had noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee notes the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

2. Action Plan to Eliminate and Prevent Child Labour. The Committee notes with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further notes the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3, paragraph 2. Determination of hazardous types of work. The Committee had previously requested the Government to indicate whether a list of types of hazardous work had been established and, if so, to supply a copy. The Committee notes with interest the list of 22 hazardous occupations and processes in Guyana submitted by the Government with its report (including mining, construction and factory work, certain farming and agricultural activities, lifting and carrying weights, and exposure to hazardous substances). It also notes that the list was compiled with the due involvement of “key stakeholders”.

Article 3, paragraph 3. Authorization to work in hazardous employment from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act 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 had observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee had observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3, paragraph 3, of the Convention.

The Committee notes the Government’s information that no regulations have been made pursuant to section 6(b). It also notes the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee notes the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 of 1999 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 had observed that section 2 of the abovementioned 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 had requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9, paragraph 3, of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee notes the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee notes the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also notes the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0 to 14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee takes note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It notes that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 1 of the Convention. National policy. 1. National Plan of Action for Children. In its previous comments, the Committee had noted with interest that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour, and had requested the Government to provide information on the implementation of the NPAC. In this regard, the Committee notes the Government’s information that the Probation and Children Services Department of the Ministry of Labour, Human Services and Social Security is currently reviewing/updating the NPAC. It requests the Government to provide a copy of the updated NPAC when it becomes available.

2. Action Plan to Eliminate and Prevent Child Labour. The Committee notes with interest the Government’s information that in July 2005, the National Steering Committee on Child Labour, with assistance from the ILO, initiated a process aimed at addressing policy formulation. The Steering Committee, under the guidance of the ILO, has prepared a draft outline of an action plan to eliminate and prevent child labour. The Committee further notes the Government’s statement that the plan will be further developed and will be used to guide the process. The Committee requests the Government to continue to provide information regarding developments in the adoption of this draft action plan.

Article 3, paragraph 2. Determination of hazardous types of work. The Committee had previously requested the Government to indicate whether a list of types of hazardous work had been established and, if so, to supply a copy. The Committee notes with interest the list of 22 hazardous occupations and processes in Guyana submitted by the Government with its report (including mining, construction and factory work, certain farming and agricultural activities, lifting and carrying weights, and exposure to hazardous substances). It also notes that the list was compiled with the due involvement of “key stakeholders”.

Article 3, paragraph 3. Authorization to work in hazardous employment from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children (hereafter Act No. 9 of 1999) specifies that the minimum age for admission to any type of employment or work which, by its nature or surrounding circumstances, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act 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 had observed that section 2 of the same Act defines “child” as a person under the age of 15 and “young person” as a person who is no longer a child and who is under 16 years of age. In light of the above, the Committee had observed that persons between the ages of 16 and 18 could be employed in hazardous work. It requested the Government to indicate whether regulations had been issued pursuant to section 6(b) of Act No. 9 of 1999. The Committee also requested the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3, paragraph 3, of the Convention.

The Committee notes the Government’s information that no regulations have been made pursuant to section 6(b). It also notes the Government’s information that Act No. 9 of 1999 is being amended to define “child” as anyone below 18 years. Moreover, the Committee notes the Government’s indication that the Occupational Safety and Health Act, 1997 (OSHA) requires employers to ensure that all workers are adequately trained if they are exposed or likely to be exposed to hazardous agents. In its report to the Committee on the Rights of the Child in August 2003, the Government indicated that sections 41 and 46 of the OSHA are designed to prevent young persons from undertaking employment activity that could impede their physical health or emotional development. However, the Government further indicated that “while the law clearly establishes the conduct that is to be adhered to, the difficulties encountered include monitoring such situations and enforcing the relevant provisions due to scarce human resources” (CRC/C/8/Add.47, 6 August 2003, paragraph 109). In light of this information, the Committee encourages the Government to redouble its efforts and to take the necessary measures to ensure that sections 41 and 46 of the OSHA are monitored and enforced in practice. The Committee also requests the Government to provide information on progress made in amending Act No. 9 of 1999 as indicated above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 of 1999 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 had observed that section 2 of the abovementioned 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 had requested the Government to take the necessary measures to bring the national legislation into conformity with Article 9, paragraph 3, of the Convention, which specifies that registers be kept of persons employed under the age of 18 years. The Committee notes the Government’s information in its report that amendments have been drafted and are likely to be enacted shortly. The Committee requests the Government to supply a copy of the amendments to Act No. 9 of 1999 once they have been enacted.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted the ICFTU’s indication that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. The ICFTU further noted that child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requested the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector. The Committee notes the Government’s indication that incidences of child labour may exist in the informal economy but, due to the nature and remote areas of these operations, it is not easy to detect, and it involves mostly the children of the entrepreneurs. It also notes the Government’s information that work performed in the agriculture sector is mainly on family farms and is mostly done on weekends and holidays. The Committee requests the Government to provide information on measures taken or envisaged in order to improve the application of the Convention with regard to child labour inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey, 2001, it was observed that 37 per cent of children aged 0 to 14 were classified as currently working. The Committee had requested the Government to supply information on the practical application of the Convention. The Committee takes note of the Field Report of the Children and Youth Activity Survey of August 2004, conducted by the Bureau of Statistics. It notes that the report provides statistical information, and outlines the conditions for a child being considered a child labourer: specifically, if he/she worked during school hours, namely from 9 a.m. to 3 p.m., if he/she worked at least two days per week, excluding Saturdays and Sundays, if he/she worked at least two weeks per month, and if he/she worked during the last school term (19 April to 2 July 2004). Given the high percentage of working children outlined in the report to the Committee on the Rights of the Child, the Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention, and to keep the Committee informed as to developments in this regard.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of a communication dated 29 October 2003 from the International Confederation of Free Trade Unions (ICFTU).

Parts III and V of the report form. Enforcement of legislation and practical application of the Convention. In its comments, the ICFTU indicates that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. According to the information provided by the ICFTU, child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requests the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector.

The Committee had previously noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey 2001, it was observed that 37 per cent of children aged 0-14 years were classified as currently working. The Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention. It also requests the Government to supply information on the practical application of the Convention, by giving 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 notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had requested the Government to indicate the measures taken to ensure the effective abolition of child labour. The Committee notes with interest the Government’s statement in its report that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour. The Committee requests the Government to continue providing information on the implementation of the NPAC, in respect of the abolition of child labour, according to Article 1 of the Convention.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee had previously recalled that under Article 3, paragraph 2, of the Convention, the types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether such a list has been established, and, if so, to supply a copy of it.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of 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 jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 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 this Act 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 had observed 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 observes that persons between 16 and 18 years may be employed in hazardous work. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that 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 condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate whether regulations have been issued pursuant to section 6(b) of Act No. 9 of 1999 on the employment of young persons and children, and if so, to provide copies along with its next report. The Committee also asks the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3, paragraph 3, of the Convention.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 3(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 had observed that section 2 of the abovementioned 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 had recalled that Article 9, paragraph 3, of the Convention prescribes that the registers or other documents be kept and be 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/she employs or who work for him/her and who are under 18 years. The Committee had requested the Government to take the necessary measures to bring national legislation into conformity with the Convention in this regard. In its report, the Government indicates that the amendment to comply with the Convention will be done. The Committee therefore expresses the hope that the Government will be in a position to provide information in its next report on the measures taken to comply with the Convention on this point.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of a communication dated 29 October 2003 from the International Confederation of Free Trade Unions (ICFTU).

Parts III and V of the report form. Enforcement of legislation and practical application of the Convention. In its comments, the ICFTU indicates that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. According to the information provided by the ICFTU, child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requests the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector.

The Committee had previously noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey 2001, it was observed that 37 per cent of children aged 0-14 years were classified as currently working. The Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention. It also requests the Government to supply information on the practical application of the Convention, by giving 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 notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had requested the Government to indicate the measures taken to ensure the effective abolition of child labour. The Committee notes with interest the Government’s statement in its report that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour. The Committee requests the Government to continue providing information on the implementation of the NPAC, in respect of the abolition of child labour, according to Article 1 of the Convention.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee had previously recalled that under Article 3, paragraph 2, of the Convention, the types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether such a list has been established, and, if so, to supply a copy of it.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of 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 jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 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 this Act 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 had observed 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 observes that persons between 16 and 18 years may be employed in hazardous work. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that 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 condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate whether regulations have been issued pursuant to section 6(b) of Act No. 9 of 1999 on the employment of young persons and children, and if so, to provide copies along with its next report. The Committee also asks the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3, paragraph 3, of the Convention.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 3(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 had observed that section 2 of the abovementioned 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 had recalled that Article 9, paragraph 3, of the Convention prescribes that the registers or other documents be kept and be 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/she employs or who work for him/her and who are under 18 years. The Committee had requested the Government to take the necessary measures to bring national legislation into conformity with the Convention in this regard. In its report, the Government indicates that the amendment to comply with the Convention will be done. The Committee therefore expresses the hope that the Government will be in a position to provide information in its next report on the measures taken to comply with the Convention on this point.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report. It also notes with interest that Guyana ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 15 January 2001. The Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy. In its previous comments, the Committee had requested the Government to indicate the measures taken to ensure the effective abolition of child labour. The Committee notes with interest the Government’s statement in its report that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour. The Committee requests the Government to continue providing information on the implementation of the NPAC, in respect of the abolition of child labour, according to Article 1 of the Convention.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee had requested the Government to provide information on the age of completion of compulsory education. The Committee notes that section 13 of the Education Act as amended, provides that it shall be the duty of the parent of every child to cause the child to receive efficient elementary instruction in reading, writing, and arithmetic. Section 22 of the same Act states that section 13 shall apply to children between the age of 6 and 15. The Committee also notes with interest the Government’s statement according to which the age for completion of compulsory education is 15 years.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee recalls that under Article 3, paragraph 2, of the Convention, the types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether such a list has been established, and if so, to supply a copy of it.

Article 3, paragraph 3. Authorization to work in hazardous work as from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of 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 jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 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 this Act 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 had observed 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 observes that persons between 16 and 18 years may be employed in hazardous work. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that 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 condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate whether regulations have been issued pursuant to section 6(b) of Act No. 9 of 1999 on the employment of young persons and children, and if so, to provide copies along with its next report. The Committee also asks the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3, paragraph 3, of the Convention.

Article 6. In its previous comments, the Committee had requested the Government to indicate the provisions of national legislation on apprenticeship, and the minimum age for admission to apprenticeship. The Committee notes the information provided by the Government in its report, according to which apprenticeship is governed by the Industrial Training Act. The Committee notes with interest that section 2 of this Act provides that an apprentice is 15 years of age and above.

Article 9, paragraph 3. Registers. The Committee had previously noted that section 3(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 had observed that section 2 of the abovementioned 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 had recalled that Article 9, paragraph 3, of the Convention prescribes that the registers or other documents be kept and be 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/she employs or who work for him/her and who are under 18 years. The Committee had requested the Government to take the necessary measures to bring national legislation into conformity with the Convention in this regard. In its report, the Government indicates that the amendment to comply with the Convention will be done. The Committee therefore expresses the hope that the Government will be in a position to provide information in its next report on the measures taken to comply with the Convention on this point.

Part V of the report form. The Committee notes, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, that in the Multiple Cluster Indicator Survey 2001, it was observed that 37 per cent of children aged 0-14 years were classified as currently working. The Committee once again requests the Government to make any effort to bring its practice in line with the legislation and the Convention. It also request the Government to supply information on the practical application of the Convention, by giving 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.

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

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.