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

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

Previous comment

The Committee notes the joint observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the United Federation of Workers of Venezuela (CUTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 30 August 2023. It requests the Government to provide its comments in this respect.

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. The Committee notes, from the Government’s report, that: (1) there is an increase in the number of working adolescents registered between 2020 and 2023; (2) from a total of 29,931 labour inspections undertaken between January 2020 and July 2023, the labour inspectorate detected 58 work entities in which children under the age 14 years were found to be working and these entities were ordered to stop such practices; (3) no case was detected involving a young person under the age of 18 years in hazardous work; (4) the National Plan for Comprehensive Protection of Children and Adolescents 2021–26, developed by the National Committee for the Rights of Children and Adolescents (IDENNA), envisages the development of measures to protect children from labour exploitation; and (5) the “Plan for the prevention and reduction of early pregnancy in teenagers” is a coordinated interinstitutional effort to address what the Government considers to be an important factor which can lead to child labour.

The Committee notes, from the observations of the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA that: (1) child labour is increasing, including in hazardous conditions and especially in the informal economy; (2) an estimated 12 per cent of children are engaged in child labour in hazardous conditions; (3) 22 per cent of children aged 6 to 17 years do not attend school in order to work and contribute to the livelihood of the family; (4) there is a lack of official statistics on child labour; and (5) there is no publicly available information on the National Plan for Comprehensive Protection of children and adolescents 2021–26. The Committee notes, with regret that: (1) the Government does not provide information on the measures taken to progressively eliminate child labour, whether under the above-mentioned plans or in the framework of the previously mentioned national system of guidance for the comprehensive protection of children and young persons; (2) once again, the Government does not provide any statistical information on child labour; and (3) the Government does not provide information on labour inspection activities in the informal economy. The Committee requests the Government to take the necessary measures to: (i) strengthen the capacity and extend the reach of the labour inspection services to better monitor the work performed by young persons in the informal economy; and (ii) ensure that sufficient up-to-date data on the nature, extent and trends of child labour, including in hazardous work and the informal economy, is made available. It requests the Government to provide information on: (i) the measures taken to this end; (ii) any measures taken or envisaged, to ensure the progressive elimination of child labour, including in the context of the National Plan for Comprehensive Protection of children and adolescents 2021–26 or any other policy, and the impact of such measures; and (iii) the number and nature of infringements detected by labour inspectors, including in the informal economy, and the penalties imposed.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that the Government once again states that its considers that its legislation prohibits all forms of hazardous work to children under 18 years and that the Children’s and Young Persons’ Protection Councils do not authorize young persons to be engaged in hazardous work in practice. The Government indicates that, although section 96(1) of the Act of 1998 concerning the protection of children and young persons, provides that the national executive authority may determine minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons, section 96(2) goes on to say that, in any event, persons between 14 years and under 18 years, “shall not engage in any type of work that is explicitly prohibited by law”. Therefore, according to the Government, persons under the age of 18 years are explicitly prohibited from engaging in hazardous types of work.

The Committee notes that the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA observe that the Government has not taken any measures to bring the legislation into conformity with the Convention.

The Committee notes that, even though the regulations on safety and health conditions prohibit hazardous or unhealthy activities for young persons under 18 years of age, section 96 of the Act of 1998 leaves open the possibility for the national executive authority to determine a minimum age under 18 years for types of work that are hazardous or harmful to the health of young persons. In light of this information, the Committee notes with concern that the Government has not taken any measures to bring its legislation into conformity with the Convention. The Committee once again requests the Government to take the necessary measures as soon as possible to ensure that: (i) section 96 of the Act of 1998 concerning the protection of children and young persons is amended to expressly prohibit the engagement of young persons under the age of 18 years in hazardous work; and (ii) that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

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

Article 3(2) of the Convention. Determination of hazardous types of work. In its previous comments, the Committee noted the table containing the list of activities considered to be hazardous or unhealthy and therefore prohibited for young persons under 18 years of age, in accordance with section 79 of the 1973 Regulations on occupational safety and health conditions.

The Committee notes, in the Government’s report, the clarification of the table regarding the list of activities considered to be hazardous for young persons under 18 years of age. The table of the industries and hazardous or unhealthy work is part of the 1973 Regulations. The Committee also notes that the technical standards for occupational safety and health proposed by the National Prevention Institute are subject to public consultation prior to their adoption and entry into force. These public consultations are open to both employees and employers. They take into account the contributions and proposals of the participants, such as the technical monitoring standard on the transport, manual lifting and transport of loads of 2016, which contains specific limits concerning protection for young workers.

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

The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 15 September 2020; and the FAPUV on 30 September 2020, as well as on the basis of the information at its disposal in 2019. The Committee requests the Government to reply to these observations.

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the penalties imposed for infringements recorded by labour inspectors. It once again requested it to take the necessary steps as soon as possible to ensure that up-to-date statistics on the situation of children and young persons who are working in the country, particularly in hazardous work and the informal economy, are made available. The Committee also requested the Government to provide information on the national measures and policies adopted or contemplated to ensure that all children and young persons, including in the informal economy, benefit from the protection granted by the provisions of the Convention.

The Committee notes in the Government’s report that the supervisory units monitor the application of section 32 of the Basic Act on labour and workers, which lays down the prohibition of the engagement in labour of children under 14 years. Of a total of 18,141 inspections conducted between 2016 and 2018, two cases of child labour were detected, regarding adolescents working with their parents in agriculture. Given that corrective measures were implemented by the employers on those occasions, the Government did not initiate a procedure to impose penalties against them. In that regard, the Committee notes that, in its observations, the CTV expresses concern at the low number of cases of child labour detected which, in its views, does not reflect an appropriate enforcement of section 32 of the Basic Act on labour and workers by the Government.

The Committee notes that the national system of guidance for the comprehensive protection of children and young persons is made up of several action programmes in coordination with the national education system and the national health system, and also notes the national systems entitled “Missions” and “Great Missions”. It notes the inter-ministerial cooperation agreement signed in 2018, between the People’s Ministry for the Social Process of Labour and the Independent Institute of the National Committee for the Rights of Children and Adolescents, aimed at strengthening the monitoring of working conditions of adolescents under the age of 18. This agreement establishes a system of coordination among institutions based on a digital platform, in order to record data related on labour performed by young persons under 18 years.

The Committee notes the number of young persons registered during labour inspections between 2016 and 2018. In 2016, of the 10,076 inspections led, 2,139 cases of adolescents at work were detected (950 girls and 1,189 boys); in 2017, of the 14,691 inspections conducted, 1,879 cases of adolescents at work were detected (887 girls and 992 boys) and in 2018, of the 24,465 inspections conducted, 1,684 cases of adolescents at work were detected (721 girls and 963 boys). The Government underlines in its report that during inspections, no cases were identified of child or adolescent victims of the worst forms of child labour.

The Committee notes that, according to the Government, the children subjected to labour in the informal economy, specifically hawking in open-air markets, popular markets or other places of informal trade activities, are monitored through different programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and by the Children’s and Young Persons’ Protection Councils. In addition, checks on the working conditions of self-employed workers have been incorporated by the People’s Ministry for the Social Process of Labour into the Comprehensive Programme for Agricultural Inspection. This Programme monitors the participation of children and young persons in the informal economy, including their working hours and the consequences of this type of work on their school attendance. According to the Government’s information, of the 446 inspections carried out in family agriculture, child labour does not exceed ten hours and does not interfere with their school attendance. The Committee however notes that, in their observations, the CTV, FAPUV and CTASI express concern about the lack of statistical information available on the number of children engaged in child labour in the informal economy, thus impeding an appropriate assessment of the magnitude of this phenomenon which is increasing, as well as of the implementation of the Convention. Furthermore, in FAPUV and CTASI’s views, child labour seriously interferes with the school attendance of children and young persons. In that regard, the Committee notes that, in its observations, the CTV highlights that, in 2018, the drop-out rate from school was estimated at 58 per cent and is still increasing. The Committee requests the Government to provide updated statistical information on the number of children and adolescents working in the country, including in hazardous work and the informal economy, and information on the number and nature of the infringements detected by labour inspectors, and the penalties imposed in this regard. The Committee also requests the Government to provide detailed information on the actions undertaken and results obtained within the framework of the various programmes, such as the programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and the Children’s and Young Persons’ Protection Councils, which monitor the children involved in informal economy activities, and the action programmes in coordination with the national education system and the national health system, and the national systems entitled “Missions” and “Great Missions”, as well as on their impact on the school attendance and completion rates of children and young persons.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee once again requested the Government to take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee notes that the Government once again highlights that its legislation prohibits all forms of hazardous work to children under 18 years. It also indicates that sections 78 and 89 of the 1999 Constitution of Venezuela and sections 18 and 96 of the Act of 1998 concerning the protection of children and young persons are in line with the 2012 Basic Act on labour and workers. In that regard, the Committee notes that, in CTV’s views, such provisions are not implemented in practice.

Furthermore, even though the Regulations on Occupational Health and Safety of 1973 prohibit hazardous or unhealthy activities to young persons under 18 years, the Committee once again emphasizes that under the terms of section 96 of the Act of 1998 concerning the protection of children and young persons, the national executive authority may determine minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. Further, the Committee once again recalls that the employment of young persons between 16 and 18 years in hazardous work is only authorized subject to the application of strict conditions which ensure their protection and the provision of prior training and is never authorized for young persons under 16 years of age. The Committee once again requests that the Government take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

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

Article 3(2) of the Convention. Determination of hazardous types of work. In its previous comments, the Committee noted the table containing the list of activities considered to be hazardous or unhealthy and therefore prohibited for young persons under 18 years of age, in accordance with section 79 of the 1973 Regulations on occupational safety and health conditions.

The Committee notes, in the Government’s report, the clarification of the table regarding the list of activities considered to be hazardous for young persons under 18 years of age. The table of the industries and hazardous or unhealthy work is part of the 1973 Regulations. The Committee also notes that the technical standards for occupational safety and health proposed by the National Prevention Institute are subject to public consultation prior to their adoption and entry into force. These public consultations are open to both employees and employers. They take into account the contributions and proposals of the participants, such as the technical monitoring standard on the transport, manual lifting and transport of loads of 2016, which contains specific limits concerning protection for young workers.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the penalties imposed for infringements recorded by labour inspectors. It once again requested it to take the necessary steps as soon as possible to ensure that up-to-date statistics on the situation of children and young persons who are working in the country, particularly in hazardous work and the informal economy, are made available. The Committee also requested that the Government provide information on the national measures and policies adopted or contemplated to ensure that all children and young persons, including in the informal economy, benefit from the protection granted by the provisions of the Convention.

The Committee notes in the Government’s report that the supervisory units monitor the application of section 32 of the Basic Act on labour and workers, which lays down the prohibition of the engagement in labour of children under 14 years. Of a total of 18,141 inspections conducted between 2016 and 2018, two cases of child labour were detected, regarding adolescents working with their parents in agriculture. Given that corrective measures were implemented by the employers on those occasions, the Government did not initiate a procedure to impose penalties against them.

The Committee notes that the national system of guidance for the comprehensive protection of children and young persons is made up of several action programmes in coordination with the national education system and the national health system, and also notes the national systems entitled “Missions” and “Great Missions”. It notes the inter-ministerial cooperation agreement signed in 2018, between the People’s Ministry for the Social Process of Labour and the Independent Institute of the National Committee for the Rights of Children and Adolescents, aimed at strengthening the monitoring of working conditions of adolescents under the age of 18. This agreement establishes a system of coordination among institutions based on a digital platform, in order to record data related on labour performed by young persons under 18 years.

The Committee notes the number of young persons registered during labour inspections between 2016 and 2018. In 2016, of the 10,076 inspections led, 2,139 cases of adolescents at work were detected (950 girls and 1,189 boys); in 2017, of the 14,691 inspections conducted, 1,879 cases of adolescents at work were detected (887 girls and 992 boys) and in 2018, of the 24,465 inspections conducted, 1,684 cases of adolescents at work were detected (721 girls and 963 boys). The Government underlines in its report that during inspections, no cases were identified of child or adolescent victims of the worst forms of child labour.

The Committee notes that according to the Government, the children subjected to labour in the informal economy, specifically hawking in open-air markets, popular markets or other places of informal trade activities, are monitored through different programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and by the Children’s and Young Persons’ Protection Councils. In addition, checks on the working conditions of self-employed workers have been incorporated by the People’s Ministry for the Social Process of Labour into the Comprehensive Programme for Agricultural Inspection. This Programme monitors the participation of children and young persons in the informal economy, including their working hours and the consequences of this type of work on their school attendance. According to the Government’s information, of the 446 inspections carried out in family agriculture, child labour does not exceed ten hours and does not interfere with their school attendance. The Committee requests the Government to continue to provide statistics on the number of children and adolescents working in the country, including in hazardous work and the informal economy, and information on the number and nature of the infringements detected by labour inspectors, and the penalties imposed in this regard. The Committee also requests the Government to provide detailed information on the actions undertaken and results obtained within the framework of the various programmes, such as the programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and the Children’s and Young Persons’ Protection Councils, which monitor the children involved in informal economy activities, and the action programmes in coordination with the national education system and the national health system, and the national systems entitled “Missions” and “Great Missions”.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee once again requested the Government to take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee notes that the Government, in its report, once again highlights that its legislation prohibits all forms of hazardous work to children under 18 years. It also indicates that sections 78 and 89 of the 1999 Constitution of Venezuela and sections 18 and 96 of the Act of 1998 concerning the protection of children and young persons are in line with the 2012 Basic Act on labour and workers.

However, even though the Regulations on Occupational Health and Safety of 1973 prohibit hazardous or unhealthy activities to young persons under 18 years, the Committee once again emphasizes that under the terms of section 96 of the Act of 1998 concerning the protection of children and young persons, the national executive authority may determine minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. Further, the Committee once again recalls that the employment of young persons between 16 and 18 years in hazardous work is only authorized subject to the application of strict conditions which ensure their protection and the provision of prior training and is never authorized for young persons under 16 years of age. The Committee once again requests that the Government take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 3(2) of the Convention. Determination of hazardous types of work. In its previous comments, the Committee noted that the 1973 regulations on occupational safety and health conditions prohibit certain types of activity considered to be hazardous for persons under 18 years of age, and that the Government supplied a list of activities that are supposedly prohibited by the national legislation. Nevertheless, the Committee observed that, even though section 80 of the regulations prohibits the employment of women and boys under 18 years of age in activities considered to be hazardous or unhealthy, as defined in section 79, the latter section referred to a table containing a list of these activities which had not been incorporated in the regulations or attached to them.

The Committee notes the table in the Government’s report containing the list of activities considered to be hazardous or unhealthy and therefore prohibited for young persons under 18 years of age, in accordance with section 79 of the Regulations.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statements from the International Trade Union Confederation (ITUC) to the effect that child labour is widespread in the informal sector and in non-regulated activities in the country. The ITUC stated that, according to certain estimates, some 1.2 million children were working, particularly in agriculture, domestic service and as street vendors, and more than 300,000 were working in the informal economy. The Committee also noted the concerns of the Independent Trade Union Alliance (ASI) regarding the increase in the number of children and young persons working in the informal economy, the majority of whom are reportedly performing hazardous work. It also noted that official statistics do not allow the true scale of child labour in the informal sector to be understood and it asked the Government to provide up-to-date statistics on this matter.

The Committee notes that the Government’s report does not contain up to date statistics on the situation of children and young persons working in the country. However, it notes the statistics on inspections supplied in the Government’s report. In 2015, the labour inspection services carried out 46,946 inspections and recorded 206 infringements relating to the minimum age (14 years). The Committee requests that the Government provide information on penalties imposed for infringements recorded by labour inspectors. It requests that the Government once again take the necessary steps as soon as possible to ensure that up-to-date statistics on the situation of children and young persons who are working in the country, particularly in hazardous work and the informal economy, are made available. Lastly, the Committee requests that the Government provide information on the national measures and policies adopted or contemplated to ensure that all children and young persons, including in the informal economy, enjoy the protection granted by the provisions of the Convention.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that section 18(8) of the Basic Act on labour and men and women workers prohibits the employment of young persons in work that may affect their full development. However, the Committee observed that the term “young person” is not defined in this Act and that, if reference is made to the definition of the term “young person” given in section 2 of the Act of 1998 concerning the protection of children and young persons, this prohibition extends only to children aged 12 years or over, since young persons are defined as children of at least 12 years of age. It also noted that under section 32 of the Basic Act on labour and men and women workers, the work of children between 14 and 18 years of age is regulated by the Act of 1998 concerning the protection of children and young persons. Section 96(1) of the Act of 1998, concerning the protection of children and young persons, prohibits the employment of young persons between 14 and 18 years of age in work that is expressly prohibited by law and, under the terms of section 96, the national executive authority may determine by decree minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. Moreover, the Committee pointed out that Decree No. 1631 of 31 December 1973, issuing regulations on occupational safety and health conditions, prohibits hazardous or unhealthy work, as defined by the national legislation or the Ministry of Labour, for women and boys under 18 years of age. The Committee therefore asked the Government to bring its legislation into line with the Convention.

The Committee notes the Government’s indication that its legislation prohibits all hazardous types of work for boys and girls under 18 years of age. However, even though the regulations on safety and health conditions prohibit hazardous or unhealthy activities for young persons under 18 years of age, the Committee emphasizes that section 96 of the Act of 1998 leaves open the possibility of the national executive authority determining minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. The Committee reminds the Government that the employment of young persons between 16 and 18 years of age in hazardous work is only authorized subject to the application of strict conditions which ensure their protection and the provision of prior training and is never authorized for young persons under 16 years of age. The Committee therefore requests that the Government take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s report and the communication from the Independent Trade Union Alliance (ASI) of 29 August 2013. It also notes the observations from the Confederation of Workers of Venezuela (CTV) of 16 September 2013 made in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted the statements from the International Trade Union Confederation (ITUC) to the effect that child labour was widespread in the informal sector and in non-regulated activities in the country. The ITUC stated that, according to certain estimates, some 1.2 million children were working, particularly in agriculture, domestic service and as street vendors, and more than 300,000 were working in the informal economy. The Committee noted that the Ministry of Participation and Social Protection, in conjunction with the National Committee on the Rights of Children and Young Persons (IDENA), launched the “Neighbourhood children’s mission”, a programme aimed at guaranteeing the rights of children and young persons, especially those in situations of extreme poverty, in the context of the goals of the National Economic and Social Development Plan 2007–13.

The Committee notes the concerns of the ASI regarding the increase in the number of children and young persons working in the informal economy, the majority of whom are reportedly performing hazardous work. It also notes the concern of the CTV regarding the fact that official statistics do not allow the true scale of child labour in the informal sector to be grasped.

The Committee notes the statistics supplied in the Government’s report relating to the results of the household survey conducted by the National Institute of Statistics (INE) in 2007. The Government refers in its report to these results and to a UNICEF study on the education and work of children in the Bolivarian Republic of Venezuela published in 2009, according to which work – defined as any type of gainful employment, including unpaid domestic work in the family home – performed by children showed a certain decrease throughout the country between 1999 and 2007. However, the study reveals that in 2007 some 2.2 per cent of children between 10 and 15 years of age were still involved in gainful employment without attending school.

The Committee notes the statistics supplied in the Government’s report relating to inspections conducted between 2010 and 2013. However, it again expresses concern at the lack of recent information on the number of violations reported and convictions handed down for non-compliance with the legislation on child labour, and also at the lack of recent statistics on the scope and nature of work performed by Venezuelan children and young persons. The Committee strongly encourages the Government to pursue its efforts to ensure the elimination of child labour and requests it once again to take the necessary measures as soon as possible to ensure that up-to-date statistics on the situation of children and young persons who are working in the country, particularly in hazardous work and the informal economy, are made available. It also requests the Government to include statistics in its next report on the number and nature of violations reported by the labour inspectorate and on convictions applied.

Article 3(2). Determination of hazardous types of work. In its previous comments the Committee noted that the National Institute for Occupational Hazard Prevention, Safety and Health (INPSASEL) was considering whether to adopt a decree that would determine minimum ages higher than 14 years and that, once the list of hazardous types of work had been adopted, minimum ages would be recommended taking account of the best interests of young persons and of their health.

The Committee notes the Government’s statement that INPSASEL is still in the process of drawing up a list fixing the minimum ages for types of work which are potentially hazardous for children and young persons. The Government also indicates that the current legislation, namely the 1973 Regulations on occupational safety and health conditions, already prohibits certain types of activity considered to be hazardous for persons under 18 years of age; in this regard, it supplies a list of activities that are supposedly prohibited in the national legislation. Nevertheless, the Committee observes that, even though section 80 of the Regulations prohibits the employment of women and boys under 18 years of age in activities considered to be dangerous or unhealthy, as defined in section 79, the latter refers to a table containing a list of these activities which has not been incorporated in the Regulations or attached to them. The Committee therefore requests the Government to include with its next report a copy of the legal provisions determining activities considered to be dangerous or unhealthy, as referred to by section 79 of the Regulations on occupational safety and health conditions. If such legal provisions have not yet been incorporated in the national legislation, the Committee urges the Government to take the necessary measures to rectify this as soon as possible. It requests the Government to provide information on all progress made in this regard, and also on consultations with employers’ and workers’ organizations with a view to determining these activities.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that section 96(1) of the Act of 1998 concerning the protection of children and young persons prohibits the employment of young persons between 14 and 18 years of age in work that is expressly prohibited by law. It noted that, under the terms of section 96, the national executive authority may, by decree, determine minimum ages higher than 14 years for types of work that are dangerous or harmful to the health of young persons.

The Committee notes Decree No. 8938 of 7 May 2012 issuing the Basic Act on labour and workers, which is attached to the Government’s report. It notes that under section 32 the work of children between 14 and 18 years of age will be regulated by the Act of 1998 concerning the protection of children and young persons. It further notes that section 18(8) prohibits the employment of young persons in work that may affect their full development. However, the Committee points out that the term “young person” is not defined in this Act and that, if reference is made to the definition of the term “young person” given in section 2 of the Act of 1998 concerning the protection of children and young persons, this prohibition would only cover children over 12 years of age. Moreover, the Committee points out that Decree No. 1631 of 31 December 1973, issuing the Regulations on occupational safety and health conditions, prohibits dangerous or unhealthy activities, as defined by the national legislation or the Ministry of Labour, for women and boys under 18 years of age.

The Committee wishes to remind the Government that, under Article 3(3) of the Convention, employment or work for young persons between 16 and 18 years of age is only authorized subject to strict conditions ensuring their protection and prior training. It stresses that this provision of the Convention aims to impose clearly defined limits on exceptions to the general rule of prohibiting the employment of young persons under 18 years of age in hazardous types of work and must not be interpreted as a general authorization to employ young persons between 16 and 18 years of age in hazardous work. The Committee requests the Government to take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that the Basic Act concerning labour and workers and the Act concerning the protection of children also prohibit hazardous work for persons under 18 years of age, apart from in the exceptional cases laid down in Article 3(3) of the Convention for persons between 16 and 18 years of age.

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted the statements of the International Trade Union Confederation (ITUC) to the effect that child labour was widespread in the informal sector and in non-regulated activities in the country. According to certain estimates, some 1.2 million children were working, particularly in agriculture and domestic service and as street vendors, and more than 300,000 were working in the informal economy. It noted the Government’s statement that, despite the lack of official statistics on the number of working children and young persons, it doubted the accuracy of the ITUC estimates in this area. However, it also observed that the Government itself did not provide any recent statistics on the total number of children working in the formal and informal sectors of the economy.

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

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

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

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

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

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

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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that the Bolivarian Republic of Venezuela cooperates with ILO–IPEC and launched several projects for the elimination of child labour and the protection of young workers. It noted that a Pilot Action Plan for Street Children was adopted and that social programmes to eliminate child labour had been implemented. The Committee further noted that the Government launched a programme for the protection of boys, girls and young people (PRONAT) which was aimed at supervising the working conditions of boys, girls and young workers in the formal and the informal sector, thus securing better protection of their health and their personal and social development.

The Committee notes the Government’s information that the Ministry for Participation and Social Protection, jointly with the National Committee for the Rights of Children and Adolescents (IDENA), launched the programme Neighbourhood Children Mission, which is aimed at guaranteeing the rights of children and adolescents, especially those in situations of extreme poverty, in the framework of the goals of the National Economic and Social Development Plan 2007–13. Among the programmes implementing the mission, the Programme for decent work of boys, girls and adolescents (PRODINAT) has been launched in 2008 and is aimed at ensuring the young workers’ labour rights (working time, wages, social security, etc.) in order to progressively abolish child labour and protect the work of adolescents. In 2009, PRODINAT was implemented through five projects in five states, respectively, and benefited in total 427 young workers. The Committee also notes the Government’s information that in 2008 the Ministry of Environment and the Ministry of Participation and Social Protection jointly participated in a project for ensuring decent conditions to people who live and work in the garbage dumps in the outskirts. In this framework, IDENA carried out a rapid assessment on children and adolescents who worked in the garbage dumps in conditions harmful for their health. Following the results of this assessment, the Neighbourhood Children Mission, through its programme Integral Protection Community Centres, took action to address the situation of children and adolescents working in San Vicente. The Committee notes that, according to the 2008 Findings on the Worst Forms of Child Labour in the Bolivarian Republic of Venezuela, Phase I of the Neighborhood Children Mission is planned to offer services to 3,600 vulnerable children, including street children, working children and children at risk of working. Phase II of the programme plans to provide educational, sports and cultural activities to poor children. The Committee appreciates the steps taken by the Government to combat child labour and requests it to continue to provide information on the implementation of the projects referred to above and the results obtained in terms of the progressive abolition of child labour.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to UNESCO statistics for 2005, 92 per cent of girls and 91 per cent of boys attended primary school whereas only 67 per cent of girls and 59 per cent of boys attended secondary school. It noted that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraphs 66–67), the Committee on the Rights of the Child, while welcoming the progress made particularly with regard to enrolment rates and school attendance by disadvantaged children, expressed concern at the low secondary-school enrolment rate of indigenous children, children of African descent and children living in rural areas, and at the high school drop-out rate.

The Committee notes the Government’s information that the increased school attendance rates are the result of policies implemented by the Government in the last ten years, such as the elimination of tuition fees and construction and rehabilitation of school infrastructures. It notes that, according to the statistics from the Ministry of Education provided by the Government, the number of children enrolled in basic education increased from 4,885,779 in 2005–06 to 4,984,453 in 2006–07. The number of children enrolled in secondary education also increased from 671,140 in 2005–06 to 711,305 in 2006–07. Moreover, drop‑outs rates in primary education decreased from 191,454 in 2004–05 to 128,423 in 2005–06. Drop-out rates in the first year of secondary education also slightly decreased from 35,375 in 2004–05 to 35,231 in 2005–06. It also notes that, according to UNESCO statistics for 2007, secondary-school attendance rates increased from 67 per cent for girls and 59 per cent for boys in 2005 to 73 per cent for girls and 64 per cent for boys in 2007. The Committee also notes the Government’s statement that between 2002 and 2007 the percentage of the population living in conditions of extreme poverty decreased from 20.1 per cent to 9.7 per cent. It also notes the Government’s indication that it is developing a policy for social inclusion addressed in particular at vulnerable children and adolescents. This policy aims, inter alia, at increasing school attendance rates and decreasing school drop-out rates. This policy is implemented through various missions, projects and programmes, which have the objective of ensuring the right of all children and adolescents, including indigenous children, to a full education, as well as improving school infrastructures, training teachers and addressing child nutritional issues. These programmes include: the Bolivarian School project; the Bolivarian Secondary Schools project (which especially targets youth living in rural or border areas and indigenous youth); and the Programme of Bilingual Intercultural Education (aimed at training indigenous teachers). The Committee notes that, according to the Government, the Neighbourhood Children Mission through its implementation programmes also addresses the right to education of vulnerable children and adolescents. Furthermore, PRODINAT ensures the rights of child and adolescent workers by integrating in schools those who do not attend school and ensuring time for education to those who attend school.

The Committee notes the measures taken by the Government to increase school enrolment rates and reduce drop-out rates, including through reducing poverty and addressing the situation of vulnerable children such as indigenous children and those living in rural areas. However, it is still concerned at the net school attendance rate, which is lower in secondary education. In view of the fact that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country, especially in secondary education, with special attention to the situation of vulnerable children such as indigenous children, children of African descent and children living in rural areas. In this regard, it requests the Government to supply information on the effective and time-bound measures taken in the context of the abovementioned programmes, to further increase school attendance rates and reduce school drop-out rates. It finally requests the Government to continue to provide updated statistical information on school attendance rates and drop-out rates.

Article 3(1) and (3). Age of admission to hazardous work and authorization to work from the age of 16. The Committee noted previously that section 96(1) of the 1998 Act on the protection of children and young people prohibits the employment of young persons aged between 14–18 years in the types of work expressly prohibited by the law. It nonetheless noted that, under the terms of section 96, the national executive authority may, by decree, determine minimum ages that are higher than 14 years for types of work that are hazardous or harmful to the health of young persons. It also noted the Government’s indication in this connection that the National Institute for Prevention, Safety and Health at Work (INPSASEL) was exploring whether it was necessary to adopt a decree determining minimum ages higher than 14 years and that, once the list of hazardous types of work was adopted, minimum ages would be recommended taking into account the overarching interests and the health of young people. It finally noted the Government’s information that in its research INPSASEL would take account of the provisions of Article 3(1) and (3) of the Convention.

The Committee notes that no information on the results of the INPSASEL’s study is contained in the Government’s report. The Committee understands that no decree fixing an age higher than 14 years for performing types of hazardous work has been adopted so far.

The Committee reminds the Government that, in accordance with Article 3(1) of the Convention, 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 shall not be less than 18 years. It also reminds the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16–18. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. The Committee accordingly urges the Government to take the necessary measures to ensure that its legislation is amended so that hazardous work may only be authorized for young persons over 16 years of age, provided that the requirements set forth by Article 3(3) of the Convention are met.

Article 3(2). Determination of types of hazardous work. The Committee previously noted the Government’s information that INPSASEL completed its study on the classification of types of work that are hazardous for children and young persons and that a multidisciplinary team would conduct further studies to determine, on a scientific basis and using test cases, what exactly is to be understood by hazardous work.

The Committee notes the Government’s information that IDENA is studying and elaborating a proposal for a Guide for Prevention for the Classification of types of hazardous work for child and adolescent workers. However, it notes with deep concern that no list of the types of hazardous work appears to have been established. Noting that the Bolivarian Republic of Venezuela ratified this Convention more than 20 years ago, the Committee urges the Government to take the necessary steps to adopt the list of types of hazardous work to be prohibited for children under 18 years at the earliest possible date and requests it to provide information on any progress made in this respect in its next report. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the statement of the International Trade Union Confederation (ITUC) to the effect that child labour was widespread in the informal sector and in non-regulated activities in the country. According to certain estimates, some 1.2 million children were working, particularly in agriculture, the domestic service and as street vendors, and more than 300,000 were working in the informal economy. It noted the Government’s indication that the INPSASEL, together with the inspection service of the Ministry of Labour, were carrying out inspections in the area of child labour both in the formal and in the informal sectors. It also noted that, according to the Government, the implementation of the PRONAT programme showed that there were boys, girls and young people working in the streets or in the agricultural sector and that their activities increased during holiday periods. It further noted the Government’s statement that, notwithstanding the lack of official statistics on the number of children and young people who work, it doubted the accuracy of the ITUC’s estimates on the number of working children.

However, the Committee notes that the Government itself provides no updated statistical information on the global number of children working in the formal and informal economy in the Bolivarian Republic of Venezuela. It further observes that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraph 70), the Committee on the Rights of the Child expressed its concern at the lack of information on the reality and scope of child labour as well as at the number of cases reported on children working in slavery-like conditions. The Committee urges the Government to take the necessary measures to ensure that sufficient data on the number of children and young persons who are engaged in economic activity is made available. It also asks the Government to supply updated statistical information, disaggregated by sex and age, relating to the employment of children and young persons throughout the national territory, including extracts from the reports of the inspections of the Ministry of Labour and the INPSASEL and information on the number and nature of contraventions reported.

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

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee took note of a statement by the International Trade Union Confederation (ITUC) to the effect that child labour was widespread in the informal sector and in non-regulated activities in the country. According to certain estimates, some 1.2 million children were working, particularly in agriculture, the domestic service and as street vendors, and more than 300,000 were working in the informal economy. The Government stated in this connection that work in agriculture and itinerant sales were regulated by sections 112–113 of the Act of 1998 on the protection of children and young people, and that the National Institute for Prevention, Safety and Health at Work (INPSASEL), together with the inspection service of the Ministry of Labour, were carrying out inspections in the area of child labour both in the formal and in the informal sectors. The Committee requested the Government to provide information on measures taken or envisaged to ensure the effective abolition of child labour and the results of the inspection visits carried out by INPSASEL and the inspection service of the Ministry of Labour.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the Government’s reports and requests it to provide information on the following points.

Article 2, paragraphs 4 and 5, of the Convention. Specification of a minimum age of 14 years. The Committee notes the Government’s indication in its report that the reasons given for specifying the minimum age of 14 years for admission to employment or work subsist. It requests the Government to continue providing information on this subject.

Article 3, paragraph 1. Age of admission to types of hazardous work. In its previous comments, the Committee noted that, under the terms of section 96 of the Act on the protection of children and young persons of 1998, the national executive authorities may, by decree, determine minimum ages that are higher than 14 years for types of work which are hazardous or harmful to the health of young persons. It also noted that section 96(1) of the Act on the protection of children and young persons of 1998 prohibits the employment of young persons aged between 14 and 18 years in the types of work referred to by the Act, and that section 189 of Decree No. 1563 of 1973 determines a number of activities that are prohibited for young persons under 18 years of age in establishments in which the work performed may be hazardous for their lives or health. However, the Committee notes that, according to the information provided by the Government in its report, Decree No. 1563 of 1973 has been repealed. It reminds the Government that, in accordance with Article 3, paragraph 1, of the Convention, the minimum age for admission to types of hazardous work, that is any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age, except in accordance with the exceptions permitted by the Convention, is authorized to perform hazardous types of work, in accordance with the requirements in Article 3, paragraph 1, of the Convention.

Paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee noted that section 189 of Decree No. 1563 of 1973 specifies a number of activities that are prohibited for young persons under 18 years of age in establishments in which the work performed may be hazardous for their lives or health. It requested the Government to indicate whether Title IV of Decree No. 1563 of 1973 was still in force. In view of the fact that Decree No. 1563 of 1973 has been repealed, the Committee reminds the Government that in accordance with Article 3, paragraph 2, of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It therefore requests the Government to indicate whether section 189 of Decree No. 1563 has been replaced by new legislative provisions containing a list of the types of hazardous work prohibited for young persons under 18 years of age, as required by Article 3, paragraph 2, of the Convention.

Paragraph 3. Authorization to work as from the age of 16 years. In its previous comments, the Committee noted that, under the terms of section 96 of the Act on the protection of children and young persons of 1998, the national executive authorities could determine by decree minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of such young persons. The Committee notes the information provided by the Government in its report to the effect that the national executive authorities have not adopted a decree determining minimum ages higher than 14 years for hazardous or harmful types of work. It also notes the Government’s indication that the National Institute of Occupational Prevention, Safety and Health (INPSASEL) is examining the question of whether it is necessary to adopt such a measure. In this respect, the Committee reminds the Government that, in accordance with Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authorities may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years in hazardous work on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the findings of the study carried out by INPSASEL. It trusts that the measures adopted as a result of the study carried out by INPSASEL will be in accordance with the requirements of Article 3, paragraph 3, of the Convention. The Committee requests the Government to keep it informed of the measures adopted in this respect.

Article 7, paragraph 1. Age of admission to light work. In its previous comments, the Committee noted that, under the terms of section 96(3) of the Act on the protection of children and young persons of 1998, the Council for the Protection of Children and Young Persons may authorize, in specific and well-justified circumstances, work by young persons who have not yet reached the minimum age, where the work to be performed is not prejudicial to their right to education, is not hazardous or harmful to their health and development and is not prohibited by law. It duly notes the information provided by the Government in its report to the effect that the Council for the Protection of Children and Young Persons only authorizes work by girls and boys under section 96(3) of the Act on the protection of children and young persons between the ages of 12 and 14 years, and in accordance with the following conditions: (a) that it is light work, which implies that the work must not be prejudicial to the health and is not hazardous and/or a threat to the overall development of girls and boys; (b) the work is not prejudicial to the right to education; and (c) the work is not prohibited by law.

Paragraph 3. Conditions of employment in light work. In its previous comments, the Committee requested the Government to indicate the conditions of employment specified for light work. Noting that the Government has not provided any information on this subject, the Committee recalls that, in accordance with Article 7, paragraph 3, of the Convention, the competent authorities shall prescribe the number of hours during which and the conditions under which light employment or work may be undertaken. It therefore requests the Government to provide information on the conditions of employment specified for light work.

Part V of the report form. Further to its previous comments, the Committee notes the information provided by the Government that, following the entry into force of the Act on the protection of children and young persons of 1998 and in accordance with article 78 of the Constitution of Venezuela, a new national system for the protection of girls, boys and young persons is being established. This new system will provide that authorizations for work by young persons will require the agreement of the paternal authority and that employers will be required to keep a register of young workers. The Committee also notes the Government’s indication that, since the entry into force of various legal texts in 2000, efforts have been made and public policies on the protection of children and young persons have resulted in the establishment of councils for the protection of children and young persons and other local entities. The Government adds that the councils for the protection of children and young persons are commencing the collection and harmonization of information and statistics. The Committee requests the Government to indicate the results achieved by the councils for the protection of children and young persons once the collection and harmonization of the information and statistics are completed. It also requests the Government to provide information on the application of the Convention in practice, including, for example, extracts of the reports of the inspection services and indications on the number and nature of the violations reported.

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

The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU), dated 21 November 2002, containing certain comments on the application of the Convention. It also notes the comments made by the Government on 28 January 2003 concerning the matters raised by the ICFTU.

In its communication, the ICFTU indicates that child labour is widespread in the informal sector and in unregulated activities. According to certain estimates, the number of children working in agriculture, domestic work and as street vendors is 1.2 million. In addition, 300,000 children are reported to be working in the formal sector.

While noting the Government’s indication that the comments of the ICFTU are imprecise and lack substance, the Committee would be grateful, in view of the high number of working children estimated by the ICFTU, namely 1.2 million, if the Government would provide fuller information on child labour in the informal sector and in unregulated activities, particularly with regard to agriculture, domestic work and as street vendors.

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

The Committee notes the information supplied by the Government in its report, and especially the adoption of the Law on the Protection of Childhood and Adolescence of 1998 and requests it to provide information on the following points.

Article 2, paragraphs 4 and 5, of the Convention. On ratification of the above Convention, Venezuela had specified 14 years as the minimum age for admission to employment or work, in accordance with Article 2, paragraph 4, of the Convention. The Committee recalls Article 2, paragraph 5, which reads: Each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement: (a) that its reason for doing so subsists; or (b) that it renounces its right to avail itself of the provisions in question as from a stated date. The Committee requests the Government to supply information in this regard.

Article 3, paragraph 1. The Committee notes that section 96, paragraph 1, of the Law on the Protection of Childhood and Adolescence of 1998 prohibits the employment of adolescents aged between 14 and 18 years in tasks specified in the law. It also notes that section 96 of the said law specifies that the national executive can, by virtue of a decree, fix the minimum age higher than 14 years in the case of dangerous or health hazardous tasks for adolescents. The Committee requests the Government to indicate whether such decrees have been adopted and, if they are available, to provide a copy thereof to the Office.

Article 3, paragraph 2. The Committee notes that section 189 of Decree No. 1563 of 1973 sets out a number of activities in which young persons under the age of 18 are prohibited from working in undertakings in which the tasks can be hazardous to their lives or health. The Committee further requests the Government to indicate whether employers’ or workers’ organizations have been consulted beforehand, pursuant to Article 3(2) of the Convention.

The Committee also notes that section 189 of Decree No. 1563 of 1973 specifies in fine that the Minister of Labour can, through special decrees, determine other activities in which the employment of young persons under the age of 18 years shall be prohibited. It requests the Government to indicate whether there any other activities in which the employment of young persons is prohibited.

Article 3, paragraph 3. The Committee notes that section 190 of Decree No. 1563 specifies that permits may be granted authorizing the employment of young persons aged between 16 and 18 years in tasks which are forbidden in certain undertakings or trades where only members of the same household are employed. This is done in cases of absolute necessity, under circumstances which are particularly serious, or upon the advice of the competent labour inspector, if this is deemed necessary for the public interest. The Committee requests the Government to indicate if such permits have been granted and, if the case arises, indicate the measures which were taken to ensure the full safety, security, and morals of these young workers, and whether they have received an appropriate education or professional training in the relevant branches of activity. It further requests the Government to indicate whether workers’ and employers’ organizations have been consulted beforehand, pursuant to Article 3, paragraph 3, of the Convention.

Article 7, paragraphs 1 and 3. The Committee notes that section 96, paragraph 3, of the Law on the Protection of Childhood and Adolescence of 1998 specifies that the Protection Council may authorize, in specific and well-justified cases, the work of under-age adolescents, if the activity in question does not jeopardize their right to education, is not considered dangerous or harmful to their health and development, or is not prohibited by law. The Committee recalls that Article 7 of the Convention permits the employment of adolescents aged 12 to 14 in light work provided that such work does not jeopardize their health, development, or their school attendance. The Committee requests the Government to indicate whether, by virtue of section 96, paragraph 3, of the Law on the Protection of Childhood and Adolescence, the Protection Council permits the work of adolescents and, if so, which activities, and at what age. It further requests the Government to specify the conditions of work in various activities.

Article 8. The Committee notes that section 26 of the Law on Young Persons and section 251(1) of the Labour Code prohibit the employment of persons under 16 years of age in public, film, theatre, radio and television performances and in commercial and advertising activities, prior to soliciting the advice of the National Institute on Young Persons, or that of the competent labour inspector. Young persons of 14 years may work in performances after their case has been examined by the National Institute on Young Persons. The Committee also notes that section 21 of Decree No. 2405 specifies that permits should be delivered after examination of each individual case by the above Institute. Labour inspectors have to restrict the number of working hours and the conditions in which employment may occur. The Committee requests the Government to indicate whether there have been prior consultations with employers’ and workers’ organizations on such permits, pursuant to Article 8, paragraph 1, of the Convention.

Part V of the report form. The Committee notes the information supplied by the Government, according to which labour statistics and copies of inspection reports on the practical application of the Convention were not available at the time when the 2000 report was being prepared. The Committee requests the Government to transmit information on the practical application of the Convention by supplying, for example, statistical data on employment of children and adolescents, copies of labour inspection reports and detailed information on the number and nature of contraventions.

The Committee notes that section 267 of Decree No. 3235 of 20 January 1999 has repealed Decree No. 1563 of 1973 with the exception of Part IV, Special labour schemes, until the entry into force of the scheme stipulated in the Law on Social Security of 30 December 1997. The Committee remarks that the decree contains a few provisions on child labour, which have a direct impact on the application of the Convention in Venezuela. The Committee would therefore be grateful if the Government would indicate whether Part IV of Decree No. 1563 of 1973 is still in force and, if it has been repealed, to transmit to the Office a copy of the new provisions that replaced it.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Further to its observation, the Committee notes the Government's indication in the report that there is a draft Organic Act on the Protection of Childhood and Adolescence. It requests the Government to take into consideration also the requirements of Article 2 of the Convention, and in particular the following points, if not in the present draft Act, on a suitable occasion: (i) the Convention covers not only work done under a formal employment relationship but any employment or work. While the Committee notes various measures taken by the Government which would contribute to the abolition of any work by under-age children, it might be useful to declare the minimum age for admission to any employment or work in legislation; (ii) the Committee notes the indication in the Government's report that basic education is compulsory from seven years up to 15 years of age approximately. It would draw the Government's attention to the requirement under Article 2(3) that the minimum age should not be lower than the age of completion of compulsory schooling, and asks the Government to supply more information on the exact age of completion of compulsory education.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes with interest the ample information submitted with the Government's report concerning the national policy aiming at the abolition of child labour, and a wide variety of economic and social measures taken in relation to such policy. For instance, the IXth National Plan, which is a principal document of public policies and programmes, includes provisions on the promotion of participation of civil society in the protection and socialization of childhood and adolescence, special programmes aimed at the reinsertion of those who have been excluded from the education system, creation of a Social Network for Protection of Childhood and Adolescence, widening and diversification of services offered by the National Institution of Minors (INAM) for children and adolescents in especially difficult circumstances. The problem of child labour is also treated in the Intersectoral Plan of Attention to Childhood and Adolescence, including among the concrete objectives, the introduction of a system of registering children and young persons who are working, and the eradication in seven years of work by children under 12 years of age. Decree No. 1366 of 12 June 1996 establishes a programme of family subsidy, beneficiaries of which include families with low income with children receiving basic education (1st to 6th grade). Documents called "Agenda Venezuela" also contain various social measures to mitigate the effects of the macroeconomic adjustment programme.

The Committee requests the Government to continue to supply information on measures relevant to the effective abolition of child labour, and also to include statistics and extracts from reports of inspection which would help the appreciation of the application of the Convention in practice.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information in the Government's comprehensive report. It asks the Government to provide additional information on the following point:

Article 1 of the Convention. The Committee notes the information on the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work. It requests the Government to continue to provide information on any measures taken in pursuance of this policy, and especially on the results obtained in its application.

In the absence of information concerning its former direct request, the Committee sees itself obliged to come back to the following points:

Article 2, paragraph 1, and Article 4, paragraph 1. The Committee notes that section 23 of the Protection of Children Act prohibits work by children of under 14 years subject to the exceptions provided for in section 24 for children of 12 to 14 years (authorization under certain justified conditions, work done by minors to be commensurate with their physical capacity, their education must be guaranteed). The Committee notes, however, that the Government has used the provisions of Article 4 of the Convention to exclude self-employed workers from its scope.

The Committee recalls that Article 4, paragraph 1, allows exclusion from the application of the Convention, after consultation with the organizations of employers and workers concerned, of "limited categories of employment or work", on certain conditions. The Committee considers that "self-employed workers" cannot be considered as a limited category of employment or work within the meaning of Article 4 of the Convention.

It asks the Government to indicate the measures taken or under consideration to ensure that no person under the minimum age specified in its declaration appended to the ratification shall be admitted to employment or work in any occupational whatsoever. It also asks the Government to provide information on the consultations that were held with employers' and workers' organizations prior to the decision not to apply the provisions of the Convention to self-employed workers.

The Committee recalls that assistance from the International Labour Office might be useful in overcoming any difficulties encountered in the matter referred to above.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's first report. It asks the Government to provide additional information on the following points:

Article 1. The Committee asks the Government to provide detailed information on the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons, and on the results obtained in the application of this policy.

Article 2, paragraph 1, and Article 4, paragraph 1. The Committee notes that section 23 of the Protection of Children Act prohibits work by children of under 14 years subject to the exceptions provided for in section 24 for children of 12 to 14 years (authorization under certain justified conditions, work done by minors to be commensurate with their physical capacity, their education must be guaranteed). The Committee notes, however, that the Government has used the provisions of Article 4 of the Convention to exclude self-employed workers from its scope.

The Committee recalls that Article 4, paragraph 1, allows exclusion from the application of the Convention, after consultation with the organizations of employers and workers concerned, of "limited categories of employment or work", on certain conditions. The Committee considers that "self-employed workers" cannot be considered as a limited category of employment or work within the meaning of Article 4 of the Convention.

It asks the Government to indicate the measures taken or under consideration to ensure that no person under the minimum age specified in its declaration appended to the ratification shall be admitted to employment or work in any occupation whatsoever. It also asks the Government to provide information on the consultations that were held with employers' and workers' organizations prior to the decision not to apply the provisions of the Convention to self-employed workers.

The Committee recalls that assistance from the International Labour Office might be useful in overcoming any difficulties encountered in the matter referred to above.

Point V of the report form. The Committee requests the Government to provide statistical information on the employment of young persons under 18 years of age and on the number of permits issued by the authorities under section 24 of the Protection of Children Act.