Texts of pending comments

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government with respect to the activities of the National Tripartite Committee (NTC) during the reporting period. The Government reports that the NTC has had discussions with national stakeholders, in relation to the establishment of a National Industrial Tribunal as well as on the National Minimum Wage Survey which the NTC administered throughout the 10 Administrative Regions of the country in 2016. The Government adds that the results of the Survey were used to establish the minimum wage order of 1 January 2017. The Committee further notes that the NTC was integrally involved in developing the 5-year Decent Work Country Programme for Guyana, which came to an end in December 2021. The Committee nevertheless notes that the Government does not provide any information on the content or outcome of tripartite consultations held on matters concerning international labour standards, as required by Article 5(1) of the Convention. The Committee therefore reiterates its request that the Government provide detailed updated information on the content and outcome of tripartite consultations held in relation to all matters covered under Article 5(1): the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference, particularly with regard to the Government’s comments on proposed texts to be discussed by the Conference (Article 5(1)(a)); consultations held with the social partners on the proposals made to the competent authorities on the submission of instruments adopted by the Conference (Article 5(1)(b)); tripartite consultations on the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and on the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 2(1) of the Convention. Adoption of a policy concerning nursing services and nursing personnel. The Committee notes that, according to the 2018 WHO Country Cooperation Strategy report on Guyana, in December 2013, the “Health Vision 2020: A National Health Strategy for Guyana 2013-20” was adopted. The Committee notes that the Strategy was developed through a consultative process with a broad range of actors, including the Pan American Health Organization (PAHO) and the World Health Organization (WHO), health workers, the private sector, and civil society. A mid-term review was conducted in 2015, on the basis of which an implementation plan was developed and costed. The Strategy indicates that it supports the implementation of “Strengthening the Foundation: A Health Human Resource Action Plan for Guyana 2011-2016”, which aims to strengthen the capacity of the Ministry of Health to plan, manage, develop, and deploy human resources in heath towards the recruitment and retention of a diverse, qualified, health and highly motivated health workforce responsive to the population’s needs. In this respect, the Strategy envisages the adoption of, among other measures, exploring options to: improve health funding and incentive programmes and adjust the cadre and distribution of medical and nursing professionals to address gaps in identified service areas, particularly in rural health facilities and those in the interior of the country. With regard to the deployment and distribution of the health workforce, the Strategy envisages expanding adequate supportive structures and benefits for staff in hinterland locations (including staff quarters, hardship allowances, access to transportation and communications); exploring innovative options for community-based models of health care delivery and developing and implementing viable solutions in collaboration with communities; and exploring opportunities for public-private partnerships to cost-effectively contract select medical specialist services, including for delivery in interior locations. The Committee requests the Government to provide detailed, up-to-date information on the nature and impact of measures taken in the context ofNational Health Strategy for Guyana 2013-2020, as well as in the context of “Strengthening the Foundation: A Health Human Resource Action Plan for Guyana 2011-2016”. In particular, the Committee requests the Government to provide detailed information on the implementation and impact of those measures designed to provide nursing personnel with employment and working conditions, including education and training appropriate to the exercise of their functions, career prospects and remuneration, which are likely to attract persons to the profession and retain them in it, including in rural areas and remote communities. Noting that the National Health Strategy and Health Human Resource Action Plan have both expired, the Committee requests the Government to indicate whether these have been renewed or replaced and, if so, to provide copies.

Article 2(2)(a) and (3). Nursing education and training. The Committee notes that the National Health Strategy for Guyana 2013-20 envisages the adoption of measures aimed at strengthening the preparation of health professionals in terms of education, clinical skills, professional culture, and ongoing professional development; better aligning with changing requirements of clinical practice environment; strengthening the capacity of health education training programmes, at the didactic and clinical levels; providing quality learning environments that meet the needs of health professionals; expanding postgraduate nursing education ; and developing and expanding community service components of training. The Committee requests the Government to provide updated detailed information on the nature, implementation, monitoring and impact of the measures adopted, including those in the framework of the National Health Strategy for Guyana 2013-20, to ensure that nursing personnel, including midwives, are provided with quality education and training appropriate to the exercise of their functions, as well as to their professional career development, and the opportunity for continuing professional development, as contemplated in the Strategy.

Articles 4 and 5. Legislation concerning the requirements for the provision of nursing care and nursing services.Consultations with nursing personnel. The Committee notes with interest the adoption of the Nurses and Midwives Act, 2019, which includes provisions regarding the registration and regulation of nurses, midwives, nursing assistants and specialist nurses. The Act requires persons to be registered and hold a valid licence to be able to practice nursing or midwifery (section 14 of the Act). It also establishes the Nurses and Midwives Council, whose functions include: enrolling, registering, certifying, and licensing nursing personnel; establishing standards of education, training, conduct and performance for nursing personnel and ensuring the maintenance of those standards; promoting the interest of nursing personnel; and advising the Minister on matters related to nursing personnel (sections 3 and 4 of the Act). The Committee notes that the Council is composed of, among other actors, representatives of the Guyana Nurses Association and the Midwives Association of Guyana (section 6). The Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure the participation of nursing personnel in the planning of nursing services and consultation with nursing personnel on decisions concerning them.

Article 7. Occupational safety and health. The Committee requests the Government to provide information on progress made and results achieved with respect to occupational safety and health for nursing personnel, including with respect to providing personal protective equipment (PPE) and training in its use, as well as providing adequate rest breaks during workers’ shifts and limitations on excessive hours wherever possible during and after the COVID-19 pandemic. It also requests the Government to provide information on the measures implemented to prevent and reduce psychosocial risks, and promote mental health and well-being among nursing personnel, in addition to preventing the risk of long-term effects on nurses’ well-being.

Application in practice. The Committee notes that, according to WHO statistical information, the number of nursing and midwifery personnel per 10,000 increased from 6.28 in 2014 to 35.3 in 2020. As of 2018, 96.62 per cent of nursing personnel were women and 3.38 per cent were men. The Committeerequests the Government to provide updated detailed information on the application of the Convention in practice, including statistical data disaggregated by sex, age and region concerning: the ratio of nursing personnel to the population; the number of persons enrolled in nursing schools; the number of female and male nurses who enter and leave the profession each year; the organization and the operation of all institutions which provide healthcare services; as well as official studies, surveys and reports addressing health workforce issues in the health sector.

Article 3. National policy for the hotel, restaurant, and catering industry. Application in practice. For more than 20 years, the Committee has been requesting the Government to take the necessary steps to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by Article 3(1) of the Convention. The Committee welcomes the Government’s indication that it will bring to the attention of the National Tripartite Committee the need to develop a national policy on hotel and restaurant workers. The Government adds that it will also engage in consultations in this respect with the Ministry of Tourism, Industry and Commerce, the Guyana Tourism Authority (GTA), and the Tourism and Hospitality Association of Guyana (THAG). The Committee also notes the Government’s indication that persons employed in hotels and restaurants are covered under national legislation, such as the Labour (Conditions and Employment of Certain Workers) Act, Cap. 99:03 and the Occupational Health and Safety Act, Cap 99:06. The Committee expresses the firm hope that the Government will take the necessary steps to initiate the process for the formulationof a national policy on hotel and restaurant workers. It requests the Government to provide information on all developments in this regard and reminds the Government that it may avail itself of the technical assistance of the Office in this respect, should it wish to do so. The Committee also requests the Government to provide updated and detailed information on the application of the Convention in practice, including statistical data disaggregated by sex, age and category of work in the sector, the number of labour inspections carried out, the results of such inspections and the measures taken, if any. It further invites the Government to provide updated information on the impact of the COVID-19 pandemic on the hotel and restaurant sector in the country, including with respect to measures taken to support and preserve jobs in the sector.

Article 1 of the Convention. Definitions. In response to the Committee’s previous comments, the Government indicates that definitions of the terms “domestic work” or “domestic worker” have not yet been incorporated into the national legislation. The Government nevertheless notes the Committee’s concern regarding the desirability of developing specific definitions of these terms and indicates that the issue will be considered by the social partners when consultations are held on the proposed review of labour legislation. The Committee requests the Government to provide updated information on any developments with respect to the introduction of a definition of the terms “domestic work” or “domestic worker” in national legislation or collective agreements that is in accordance with the Convention.

Article 3(2)(a) and (3). Freedom of association and collective bargaining. The Government reiterates that, pursuant to article 147 of the Constitution of the Cooperative Republic of Guyana, all citizens have the right to freely associate with or become members of trade unions of their own choice. It adds that this provision applies to domestic workers. The Government points out that domestic workers have never organized, but that a group of domestic workers joined together to form a cooperative. The Committee notes the Government’s indication that it is currently contemplating undertaking sensitization and awareness initiatives on the issue of freedom of association and collective bargaining through various media platforms and the social partners. The Committee requests the Government to provide updated information on any measures or initiatives taken to promote the enjoyment and exercise of freedom of association and collective bargaining rights by domestic workers and their employers.

Article 3(2)(b).Forced labour. In response to the Committee’s previous request, the Government refers to article 140 (2) of the Constitution of Guyana, which prohibits forced labour, as well as to the Employment of Young Persons and Children Act, Cap. 99:01, which protects minors under the age of 15 from employment. In addition, section 30(1)(a) of the Labour Act, Cap. 98:01 empowers a labour officer who has reasonable cause to believe that labour is being employed, to enter, inspect and examine any premises at any hour of the day or night and to require from the employer information regarding the wages, hours and conditions of work of those employed. The Government indicates that this legislation is enforced through regular inspections carried out by the Ministry of Labour. The Government adds that it has increased efforts to prevent trafficking and has recognized the need for greater sensitization regarding domestic workers’ rights under the current labour legislation. The Committee invites the Government to communicate updated information on any measures taken or envisaged to raise awareness of domestic workers’ rights, including their right to be free from forced or compulsory labour.

Articles 3(2)(c) and 4. Child Labour. Access to education. The Government refers to the Protection of Children Act, Cap. 46:06, as well as to the development of the National Policy Towards the Elimination of Child Labour (2019) and its accompanying Action Plan. It adds that the National Child Labour Committee is tasked with coordinating the implementation of the Action Plan. The Government indicates that, from 2018 to 2021, the Ministry of Labour carried out a total of 4,159 inspections of workplaces in all regions of the country, which did not detect any instances of child domestic labour. With respect to access to education, the Government has taken measures to enforce compulsory school attendance for children up to the age of 15 through truancy campaigns, provision of safe havens and drop-in centres, which include the provision of free education and vocational training. The Committee requests the Government to provide updated information regarding the activities of the National Child Labour Committee relevant to the prevention and elimination of child domestic labour, as well as on measures taken or envisaged in this respect. The Committee requests the Government to provide concrete, updated information on the number of inspections undertaken of private households in which domestic work is performed, as part of its labour inspection activities and whether these revealed any instances of child domestic work.

Article 5. Effective protection against all forms of abuse, harassment and violence. The Committee notes the Government’s reference to the Criminal Law Offences Act, Cap. 8: 01 and the Summary Jurisdiction Offences Act, Cap: 02, prohibiting abuse and violence, including against domestic workers. It also notes the Government’s reference to section 8 of the Prevention of Discrimination Act, 1997, as well as to the Sexual Offences Act, No. 7 of 2010, both of which afford protection to workers, including domestic workers, against sexual harassment in the workplace. In addition, in response to the Committee’s previous comments, the Government indicates that sensitization sessions held by the Department of Labour for employers and employees, including domestic workers, were beneficial, as demonstrated by the approximately 50 inquiries received by the Department from 2018 to 2020 from both domestic employers and domestic workers on a range of issues relating to conditions of work (hours, remuneration and other matters). The Committee notes the information provided by the Government, which replies fully to its comments.

Articles 6 and 7. Fair terms of employment, decent working and living conditions. Information on terms and conditions of employment. In response to the Committee’s previous comments, the Government indicates that it advocates for decent working conditions for all workers, including domestic workers, through legislation such as the Household Service Workers (Hours of Work) Act of 1980, Cap. 99:07; the Labour (Conditions of Employment of Certain Workers) Act, Cap. 99:03, the Labour Act, Cap. 98:01 and the minimum wage legislation. The Committee notes that the Household Service Workers Act sets a maximum work week of 48 hours for domestic workers and makes provision for overtime payments. With respect to the means through which information on terms and conditions of employment is provided to workers, including domestic workers and workers from indigenous and underprivileged tribal communities, the Committee notes with interest the information provided by the Government concerning seminars and awareness raising brochures and posters developed and disseminated by the Ministry of Labour. The Government adds that it has and continues to develop awareness raising posters and brochures in languages such as Mandarin, Spanish and Portuguese, directed at migrant workers and their employers. Lastly, the Government indicates that it will bring the Committee’s comments concerning the development of a model contract for domestic workers to the attention of the National Tripartite Committee. The Committee requests the Government to provide concrete updated information on the manner in which it is ensured that domestic workers who reside in the household enjoy decent working conditions that respect their privacy, as envisaged by Paragraph 17 of Recommendation No. 201.It further requests the Government to continue to provide updated information concerning its awareness raising activities to inform domestic workers of their labour rights and domestic employers of their obligations, as well as with respect to the outcome of tripartite consultations regarding the possible development of a model domestic work contract.

Articles 8 and 15. Migrant domestic workers. Private employment agencies. In response to the Committee’s previous comment, the Government indicates that it has not taken any measures in cooperation with other ILO member States for migrant domestic workers. The Government nevertheless expresses the view that the national legislative framework provides adequate protection for migrant domestic workers, noting the situation of migrant domestic workers from Venezuela who are currently working in Guyana. The Committee notes that Guyana provides for the free movement of qualified domestic workers who are nationals of a CARICOM member State, to those domestic workers with Caribbean vocational qualifications. The Committee notes the Government’s indication that there are currently 11 private employment agencies (“PEAs”) operating in Guyana and are regulated under the Recruiting of Workers Act, Cap. 98:06. It adds that migrant domestic workers employed through PEAs are protected by the Criminal Law Offences Act and the Summary Jurisdiction Act, which prohibit abuse. Migrant domestic workers who are victims of abuse may make reports to the Guyana Police Force as well as file civil claims in the courts. In addition, allegations of exploitation may be brought to the Ministry of Labour. The Committee requests the Government to provide detailed information, including statistical data, concerning the nature and type of violations reported by domestic workers, the outcomes and sanctions imposed, if any. It further requests the Government to indicate the measures taken or envisaged to ensure that domestic workers are not charged recruitment fees by private employment agencies, as required under Article 15(e).

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of identity and travel documents. In its response to the Committee’s previous comments, the Government refers to provisions in the Constitution and national legislation prohibiting forced labour. In particular, the Committee notes the Government’s reference to the Combatting of Trafficking in Persons Act which, among other things, prohibits an employer from confiscating a worker’s passport or other identity document. The Committee nevertheless reiterates its previous request that the Government provide detailed updated information on the manner in which Article 9(a) and (b) are given effect.

Articles 16 and 17. Access to justice. Complaints mechanisms. Labour inspection. The Government reports that domestic workers, including migrant and indigenous domestic workers, have access to justice, as they are able to bring complaints to the Ministry of Labour, as well as to the courts. The Committee notes that the Government undertakes to continue to engage with the social partners to develop and implement sensitization and awareness sessions for all workers, including domestic and migrant workers, on access to the justice system. It also provides conciliation and dispute resolution services between employers and trade unions as well as dispute resolution services for workers who are not affiliated to a trade union. With respect to labour inspection, the Government has strengthened general inspection activities, employing additional labour officers in August 2021 to be stationed in all regions of the country. The Government indicates that it would have to build a network of key informants, including church and faith-based organizations and women’s groups in all ten administrative regions, to help guide its inspection activities. The Committee requests the Government to continue to provide updated information on measures taken or envisaged to give effect to these Articles of the Convention. The Government is also requested to provide copies of any court decisions concerning the application of the principles of the Convention.

Article 3 of the Convention. Right of workers’ organizations to organize their activities. In its previous comments, the Committee had requested the Government to take the necessary measures to amend the Public Utility Undertakings and Public Health Services (Arbitration) Act, as amended in 2009, so as to ensure that only disputes in essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) could be referred to compulsory arbitration. In this respect, the Committee had observed that services listed in the Schedule of the Act, such as dockage, wharfage, discharging, loading or unloading of vessels or related services, do not constitute essential services in the strict sense of the term, and recalled that while some telecommunication services may constitute essential services, the broad formulation contained in the Schedule could apply to other non-essential services and thus unduly restrict the legitimate exercise of the right of workers’ organizations to organize their activities. The Committee further requested the Government to take the necessary measures to amend section 19 of the Act, which sanctions the participation in an illegal strike by fines and imprisonment. The Committee recalled in that respect that no penal sanctions should be imposed against workers for having carried out a peaceful strike. The Committee notes that the Government indicates it is convinced that the services concerned are essential to the population and that their interruption would have serious economic and social repercussions for the population; but that this position does not deprive workers of the right to take industrial action, which is foreseen in the legislation. The Committee reiterates its previous comments and further recalls that in services of fundamental importance a negotiated minimum service could be appropriate as a possible alternative in situations in which a total prohibition or a substantial restriction of strike action, including through compulsory arbitration, would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee once again requests the Government to take the necessary measures to amend the above-mentioned legislation in light of the foregoing and in consultation with the social partners, so that it does not unduly restrict the right of workers’ organizations to organize their activities. The Committee requests the Government to report on any progress made in this respect.

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. In its previous comments, the Committee requested the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice, and to provide copies of any rules or regulations drafted to implement the Procurement Act (Cap. 73:05) of 2003, particularly with respect to the labour conditions of workers engaged in the execution of public contracts. The Committee welcomes the copies of the Guyana Legal & Policy Framework for Public Procurement and Regulations made under the Procurement Act 2003, attached to the report. It notes, however, that these documents do not contain any reference to the insertion into public contracts of the labour clauses required by the Convention. Indeed, the Government indicates that public contracts in Guyana do not contain any clauses regarding wages and labour issues, but that all of Guyana's labour laws apply to work done under public contracts. It adds that the Public Procurement Commission is a constitutional body charged with monitoring public procurement to ensure that the procurement of goods, services and the execution of works is carried out in compliance with national law and relevant policy guidelines. In this context, the Government indicates that, through the Public Procurement Commission, Security Services Contracts by public entities contain a clause that requires confirmation that no less than the minimum wage is paid to security guards. The Government adds that, to be eligible for public contracts, all contractors/employers must comply with the National Insurance Scheme and the requirements of the Guyana Revenue Authority. The Committee notes the legislation reform activities of the Public Procurement Commission, in particular, the preparation of draft Regulations 2020, in relation to Emergency Procurement. In this context, the Committee draws the Government’s attention to paragraph 45 of its 2008 General Survey on labour clauses in public contracts, which clarifies that “the mere fact of the national legislation being applicable to all workers does not release the State which has ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention”. The Committee recalls that “the Convention has a very simple structure, all its provisions being articulated around and directly linked to the core requirement of Article 2(1), i.e. the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned”. Noting that public contracts in Guyana still do not contain the labour clauses required to give effect to the Convention, the Committee urges the Government to take the opportunity presented by the legislative reforms undertaken by the Public Procurement Commission to bring its national legislation into full conformity with the provisions of the Convention, particularly with respect to: the determination of the terms of the labour clauses to be included in public contracts to which the Convention applies, after consultation with the organizations of employers and workers concerned (Article 2(3)); the dissemination of those clauses, by advertising specifications or otherwise, so that tenderers are aware of the terms of the clauses (Article 2(4)); the posting of notices in conspicuous places to ensure that the workers concerned are informed of the conditions of work applicable to them (Article 4(a)(iii)); and the establishment and implementation of a system of inspection and adequate sanctions, by the withholding of contracts or of payments due, for failure to apply the provisions of labour clauses (Article 5). The Committee requests the Government to keep the Office informed of progress made in this regard and recalls that the Government can avail itself of the technical assistance of the ILO, should it wish to do so.

Migration trends. The Committee notes the information provided by the Government in its report indicating that, between 2018 and 2020: 348 work permits were delivered in the mining sector (263 for men and 85 for women) and 4,568 in the gas and oil sector (3,162 for men and 1,406 for women) to migrant workers from all the regions of the world. The Committee also notes that, in its 2018 concluding observation, the United Nations Committee on Migrant Workers (CMW), remarks that although Guyana has traditionally been a country of origin of migrant workers, with migratory movement mainly in the direction of North America and Europe, it “is also a country of destination for migrant workers, primarily from Brazil, Suriname and Venezuela (Bolivarian Republic of), and has increasingly become a country of transit for migrants from Cuba, Haiti and Venezuela (Bolivarian Republic of).” (CMW/C/GUY/CO/1, 2018, paragraph 4). It also notes that in launching the elaboration of Guyana Migration Profile (September 2021), the International Organization for Migration (IOM) confirms that the dynamics of migration in Guyana are changing, as the country is positioned to be one of the largest oil-producing countries in the Western Hemisphere. It is anticipated that this will result in an increase in flows of skilled and less-skilled immigration towards Guyana. Guyana is now home to nearly 30,000 migrants who have left the Bolivarian Republic of Venezuela in recent years. Reporting in 2019 suggested that more than 8,000 Haitians entered Guyana in half a year, and that the number of Cuban visitors to Guyana over any given 12-month period could be as high as 50,000. Despite evidence of Guyana being used a transit country, many of Guyana’s visitors do return to their country of origin.

Information on migrant workers from the Bolivarian Republic of Venezuela. The Committee notes the Government’s indication that it has adopted a humanitarian approach with migrants coming from Venezuela and established a Multi-Agency Coordination Committee for Addressing the influx of migrants from Venezuela into Guyana with United Nations agencies to address the challenges these migrants face and provide the necessary assistance. In particular, there is no discrimination in access to health, education, and other government services by these migrants in Guyana, and children have free access to state schools and health care. In this regard, the Committee also notes that the Quito Process (Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Guyana, Mexico, Panama, Paraguay, Peru, and Uruguay) was initiated in 2018 to promote communication and coordination between countries receiving Venezuelan refugees and migrants in Latin America and the Caribbean. One of the main objectives of the Quito Process is the exchange of information and good practices and to articulate a regional coordination to respond to the crisis of Venezuelan refugees and migrants in the region. With more than five million Venezuelan refugees and migrants in the world, around 85 per cent of which are in Latin America and the Caribbean, the region faces new challenges in terms of the mobility of people, access to basic and protection services, inclusion in labour markets and social cohesion. The Committee notes the Government information that the ILO and the United Nations Development Program (UNDP) joined forces to develop a Regional strategy for socio-economic integration, geared towards the main host countries for the refugees and migrant population from Venezuela, in particular, to government institutions that have some degree of competence in the socioeconomic integration of this population, and to employers’ and workers’ organizations, with the aim of promoting social dialogue around this area. According to the statistics collected for the formulation of this strategy, Guyana hosts 2.8 per cent of the migrant population from Venezuela. Furthermore, the displacement-tracking matrix elaborated by the IOM (October 2018 and May 2019) gives an overview of the situation of these migrants and provides data by region, level of education, gender, and civil status amongst other. The Committee requests the Government to provide information on:(i) the implementation of the regional strategy (including any difficulties encountered) and its impact on the working conditions and livelihood of migrant workers from the Bolivarian Republic of Venezuela based in the country; and(ii) the activities of the Multi-Agency Coordination Committee for Addressing the influx of migrants from Venezuela.

Article 1 of the Convention. Information on national policies, laws and regulations. In light of the lack of information provided in this regard by the Government for quite some time, the Committee requests the Government to provide:(i) updated information on any policies, laws and regulations taken regarding migrants leaving or entering the country seeking employment, and on special provisions on migrant workers and their conditions of work and livelihood, as well as on general agreements and special arrangements; and (ii) statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. In its previous comments, the Committee asked the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered, referring it to Paragraph 5(2)–(4) of The Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. In its reply, the Government recalls that the country is part of the CARICOM Single Market and Economy (CSME) and indicates that Guyanese who are seeking employment within CARICOM member states can obtain information and assistance from the Ministry of Foreign Affairs and International Cooperation and the CARICOM Secretariat, while persons seeking employment outside of CARICOM do so on their own. However, the Government has established consulates and embassies in other countries, to assist and provide the necessary information. In view of the new migration dynamic in Guyana described above, the Committee asks the Government to indicate: (i) any measures taken or envisaged to provide or fund the provision of accurate information or other assistance to migrant workers arriving in Guyana (in transit or as a final destination); and (ii) the type of service and information offered by the Ministry of Foreign Affairs and International Cooperation, the CARICOM Secretariat, Consulates and Embassies to Guyanese workers abroad and to the migrant workers in Guyana.

Article 3. Misleading propaganda. Previously the Committee noted the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03 but recalled that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country and requested the Government: (1) to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment; and (2) to provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers. Concerning the application of the Defamation Act with respect to migration, the Government indicates that it is not aware of any such case. As regard the steps being taken to prevent migrant workers being subject to misleading information, the Government states that information is provided to workers who are seeking employment in the CARICOM Member States (including Guyana) and that, additionally, the CARICOM Secretariat located in Guyana is a source of information on the free movement of persons within CARICOM. The Committee recalls that the existence of official or authorized information services does not suffice to guarantee that migrant workers are sufficiently and objectively informed before migrating. Workers should also be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences for the workers involved (see General Survey on Migrant Workers, 1999, paragraph 214). The Committee requests the Government to provide information on: (i) the proactive steps taken against misleading propaganda relating to emigration and immigration, such as for example, provisions against misleading propaganda in the press, television, and radio, through labour contracts, internet, etc.; and (ii) its cooperation on the matter with the competent authorities of other countries concerned, in particular countries from CARICOM.

Article 5. Entry requirements and testing related to health. The Committee recalls that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee notes that the Government highlights that: (1) there is no known case pursuant to sections 3(1) (a), (g) and (h) along with section 15 of the Immigration Act, Cap 14:02 that has been dealt with; (2) the relevant sections of the Immigration act have to be applied in conjunction with the Public Health Ordinance; and (3) section 3(1)(a) of the Immigration Act will be reviewed. The Committee requests the Government to provide information on any development linked to the revision of the Immigration Act and to provide a copy of the amended text as soon as adopted. Finally, the Committee requests the Government to indicate how the newly adopted legislation will impact on the exclusion of non-nationals seeking employment in Guyana.

Furthermore, in its previous comment, the Committee noted that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. In this context, the Government indicates that there has been no case where a migrant worker has been refused entry based on section 3(1)(b) and (2) as the Government does not discriminate on the ground of HIV/AIDS and it does not apply the restrictive sections of the Act on an ad hoc basis. However, the Government underlines that, due to the COVID 19 pandemic, like the rest of the world, it has adopted similar or equivalent COVID 19 protocols and measures as other countries did (including developed countries) for nationals and non-national, including migrant workers. In general, the recommendation is to avoid travelling to Guyana (level 4/4 – very high risk - on the COVID 19 scale).

Article 6. Equality of treatment. The Committee notes that in application of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act apply to all workers, including migrant workers and that the purpose of these legislative measures to ensure that fair and equitable treatment is afforded to all workers. The Committee further notes that the Government has been working with the international community to ensure that migrant workers have access to the services offered by the Government. For example, via IOM assistance, Guyana provides interpretational services to migrant workers to ensure that they express their grievances accurately and seek the requisite advice. The Committee further notes the Government’s indication of pending case of a Brazilian migrant worker brought against Guyanese employer for non-payment of wages, which illustrates that migrant workers have access to Government services in the event of alleged violation of non-discrimination laws in employment and occupation. The Committee requests the Government to provide information on the outcome of the case and to continue providing such information, as and when it becomes available.

Article 8. Maintenance of residence in the case of incapacity for work. In its previous comment, the Committee noted that: (1) under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds; and (2) section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. In its previous report, the Committee enquired about the protection of the rights of residence of migrant workers who have acquired permanent residence status and their dependents is protected in the event of illness or injury that occurs after entry. In its response the Government stated that once migrant workers are in compliance with the immigration requirements and have secured their work permit, they are afforded the same treatment as all other workers and that additionally, they are required to contribute to the National Insurance Scheme which ensures that they receive the same benefits as all other workers. In light of these responses, the Committee requests the Government to amend the Expulsion of Undesirables Act and Immigration Act so as to make it clear that migrant workers who have been admitted on a permanent basis, and the members of their family who have been authorized to accompany or join them, shall maintain their right to residence (including those who have to rely on public funding) and not be returned to their territory of origin or the territory from which they emigrated because the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry.

In its previous observations, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act, and requested the Government to indicate any measure envisaged to ensure that, when no trade union reaches the 40 per cent threshold, bargaining rights can be granted to all unions in the bargaining unit, at least on behalf of their own members. The Committee takes note of the Government’s indication that the Trade Union Recognition Act stipulates that 40 per cent or more of the members of a bargaining unit must belong to a union to be recognized as the union for that entire bargaining unit, meaning that when a bargaining unit is contested by unions, the union with the highest number of votes will be certified and recognized as the union for that entire bargaining unit. While taking due note of the information provided by the Government, the Committee emphasizes that the representativeness requirements set by legislation to be designated as a bargaining agent may bear a substantial influence on the number of collective agreements concluded and that such requirements should be designed in a manner that effectively promotes the development of free and voluntary collective bargaining. Noting that the Trade Union Recognition Act does not contain provisions regulating cases in which no union reaches the threshold of 40 per cent support of workers to be recognized as a bargaining agent, the Committee requests once again the Government to take the necessary measures, in consultation with the most representative social partners, to ensure that the threshold established by legislation to become a bargaining agent effectively guarantees the promotion of collective bargaining within the meaning of the Convention, taking into consideration that, when the threshold is not reached, the existing unions should be given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

Collective bargaining in practice. The Committee takes note of the Government’s indication that there are 18 unions currently participating in the collective bargaining agreements in the sectors of agriculture, banking, food manufacturing, insurance, retail, gasoline, government services, transportation and mining, and that since 2020, 15 collective bargaining agreements have been concluded, 8 signed in 2020 and 7 in 2021, and all are in force. Noting that the Government does not provide information on the number of workers covered by the collective agreements, the Committee requests it to provide information in this regard, and to continue to provide statistical information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned.

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee observes that, for years, it has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990, which provides for “equal remuneration for the same work or work of the same nature” to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997 (section 9(1)). In its report, the Government indicates that it has recently constituted the Law Reform Commission and that both the Equal Rights Act, Cap. 38:01, and the Prevention of Discrimination Act, Cap. 99:08, are currently under review. With respect to “work of equal value”, the Committee recalls that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias. It further recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisor (predominantly women) and garden and park supervisors (predominantly men) (see General Survey of 2012 on the fundamental Conventions, paragraph 675).Top of Form The Committee asks the Government to ensure that the legislation duly reflects the principle of equal pay for men and women for jobs that are of a different nature, but are of equal value, and requests the Government to provide information in this regard. The Committee also recalls the importance of consultations with the social partners in the process of labour law reform and hopes that the Government will ensure this occurs in relation to any measures implementing the principle of the Convention. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in connection with the revision of the legislation relating to the application of the Convention.

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

Article 2. Minimum wage. The Committee recalls that a national minimum wage was introduced in 2013 in the country following consultations with the tripartite partners. In its latest comments, the Committee asked the Government to provide: (1) information on the proportion of men and women workers, disaggregated by sex, to which the new national minimum wage in the private sector and the minimum basic salary in the public sector apply; and (2) any information available, including studies, showing the impact of the introduction and increase of the national minimum wage and the increase of the minimum basic salary on the earnings of women in both the public and the private sectors and the gender pay gap. The Government indicates that it has established the National Tripartite Committee (NTC), but it has not started functioning yet and so it is not possible to forward the data requested by the Committee. It adds that the national minimum wage is fixed by the NTC through consultations and consensus and that wages and salaries are determined based on the portfolio and the labour market. The Committee expresses the firm hope that the Government will be in a position in the near future to provide information on: (i) the proportion of men and women workers, disaggregated by sex, to which the national minimum wage (private sector) and the minimum basic salary (public sector) apply; and (ii) the impact of the introduction in 2013 of the national minimum wage and the minimum basic salary on the earnings of women and the gender pay gap.

Articles 2(2)(c), 3 and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Objective job evaluation and wage determination. Previously, the Committee asked the Government to take concrete steps to raise awareness among workers’ and employers’ organizations about: (1) the principle of equal remuneration for men and women for work of equal value; and (2) the need to use objective job evaluation methods and criteria to avoid under valuating jobs traditionally performed by women when fixing rates of remuneration. It further asked the Government to indicate whether rates of remuneration are determined by collective bargaining in the public sector. The Government states that the newly established Ministry of Labour (2020), that is distinct from a department within another ministry, intends to amplify its efforts to increase awareness and sensitization on labour conditions, including on the principle of equal remuneration for men and women for work of equal value. It also confirms that, regarding the public sector, the Government is engaged with the Guyana Public Service Union to negotiate wages and salaries but indicates that successive governments have not been able to finalize any formal agreement. In light of the above, the Committee asks the Government to provide information on: (i) any development relating to the industrial relations climate through sustained social dialogue which can lead to national social agreements; (ii) any measures taken by the Ministry of Labour to increase awareness among workers and employers and their organizations about the principle of equal remuneration for men and women for work of equal value and the crucial role of objective job evaluation methods to achieve this objective and avoid gender bias in the process; and (iii) the manner in which rates of remuneration are determined by the social partners, including on the method and criteria used.

Statistics. The Committee notes the Government’s indication that it does not collect the data requested but that efforts are being made to improve data collection in the Bureau of Statistics, Ministry of Finance and Ministry of Labour. In order to better promote the principle of equal remuneration for men and women for work of equal value, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). Therefore, the Committee urges the Government to provide information on the steps taken to collect periodically statistical data, disaggregated by sex, on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.

Article 1(1)(a). Multiple discrimination, including discrimination based on race. Persons of African descent, in particular women. In its previous comments, the Committee asked the Government to provide information on: (1) the steps taken in practice to address discrimination faced by persons of African Descent, in particular women and girls, with respect to access to and advancement in education and employment and occupation; and (2) the situation of men and women of African descent in employment and occupation, in particular in rural areas. The Committee notes the Government’s indication that the Ethnic Relations Commission (ERC), which is a constitutional body, was re-established on 22 February 2018 with the swearing in of ten new Commissioners. According to the 2020 ERC report, from the 164 complaints received, although 8 of those were submitted by women of African descent, none of those complaints dealt with racism in the workplace or unequal advancement in education. Moreover, the Government states that the ERC has not received complaints from men and women of African descent resident in the rural areas in relation to discrimination in employment or advancement in education. The Committee notes however that, according to the Government, these complaints related to hateful remarks made by persons of other ethnic origins that seek to incite hostility or ill will against women of African descent. None of these complaints were forwarded to the Ministry of Labour. In that regard, the Committee wishes to point out that “hateful remarks made by persons of other ethnic origins that seek to incite hostility or ill will against women of African descent” could in certain circumstances amount to racial discrimination or harassment, and that it has the potential to create tensions in the workplace. It recalls that, in its general observation on discrimination based on race, colour and national extraction adopted in 2018, the Committee indicated that “racial harassment occurs where a person is subject to physical, verbal or non-verbal conduct or other conduct based on race which undermines their dignity or which creates an intimidating, hostile or humiliating working environment for the recipient. Moreover, the intersection of factors such as race, religion, gender or disability increases the risk of harassment, particularly in respect of young women from an ethnic or racial minority”.

The Committee notes the Government’s statement that, in its view, the legal framework adequately supports protection for persons of African descent from discrimination including women and girls, as it gives victims of such discrimination a right to seek redress in courts. The Committee observes however that, in its 2020 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government indicates that: (1) “There is a wide perception that the legal system is a bottleneck, is ineffective in protecting the rights of the population in general, and specifically in protecting women’s and girls’ rights against discrimination and violence. Enforcement appears to be weak, particularly in relation to discrimination and gender-based violence offences”; (2) “The [United Nations Committee on the Elimination of Discrimination Against Women (CEDAW)] and other consulted sources noted that women’s ability to exercise their rights and to bring cases before the courts is greatly limited by the absence of permanent magistrates’ courts in all regions and the lack of knowledge and awareness of the anti-discrimination laws among the population at large and the women themselves, particularly in the rural and hinterland areas”; and (3) “In many cases concerning women and gender related issues, officials tend to base their judgments on their own gender-biased beliefs and not on the existing legal provisions. Another great limitation, particularly for the poorest of the population, is the absence of free public legal assistance. So far, the less-resourced people, and particularly women, are limited to seeking legal advice from non-governmental organisations, such as The Guyana Legal Aid Clinic, which provides free or subsidized legal advice and representation to people who cannot afford to pay for an attorney” (Beijing+25 report, page 7). In this regard, the Committee wishes to recall that it is an obligation for member States to make the provisions of a ratified Convention effective in law and in practice. It is therefore necessary, though not sufficient in itself, for the provisions of the national law to be in conformity with the requirements of the Convention. Certain forms of discrimination based on race, national or social origin, sex-based occupational segregation and sexual harassment are not, on the whole, caused by an intention to discriminate or by legislative provisions or regulations, but are rather the result of behaviour, attitudes or an expression of prejudice, in respect of which positive measures should be adopted. In light of the challenges mentioned above, the Committee urges the government to take steps: (i) to carry out awareness-raising activities for workers, employers and their organizations, labour inspectors, judges and society in general, in order to combat gender stereotypes and occupational gender segregation; (ii) to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and to secure compliance with the provisions of the applicable labour law; (iii) to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice; (iv) to ensure that victims of discrimination based on race, colour or national extraction, in particular women of African descent, have Bottom of Form

effective access to legal assistance; (v) to consider promoting the development of workplace policies or race relations awareness training sessions to prevent racial and ethnic harassment; and (vi) to provide information on any court or administrative decisions regarding discrimination based on race, colour, national extraction and gender.

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

Article 1(1) of the Convention. Discrimination based on sexual orientation and gender identity. In its previous comments, the Committee asked the Government to provide information on any steps taken or envisaged to prevent and address discrimination based on sexual orientation and gender identity in employment and occupation, including legislative and awareness-raising measures. The Government replies that: (1) the Laws of Guyana do not expressly proscribe discrimination in employment and occupation on the basis of sexual orientation and or gender identity; (2) nevertheless there is no policy in the public sector discriminating against persons on the basis of sexual orientation and gender identity; and (3) the Ministry of Labour is not in the possession of any complaints from persons alleging discrimination on the basis of sexual orientation and or gender identity in employment in the public or private sector. The Committee notes, however, that the Government states that it is actively considering amending the Prevention of Discrimination Act to add sexual orientation and gender identity as prohibited grounds of discrimination, and that in 2021 the Ministry of Labour collaborated with the Society Against Sexual Orientation Discrimination (SASOD) Guyana to raise awareness on the issue of stigma and discrimination in the workplace. The Committee asks the Government to provide information on: (i) the progress achieved in amending the Prevention of Discrimination Act to add sexual orientation and gender identity as prohibited grounds of discrimination; and (ii) any activities undertaken in collaboration with SASOD Guyana or other entities to raise awareness on the issue of stigma and discrimination in the workplace.

Articles 1 and 2. Equality of opportunity and treatment for men and women. Following its previous comments, the Committee notes the information provided by the government on: (1) the obstacles that hinder women’s access to, and advancement in, employment and occupation; (2) the awareness-raising measures to combat any gender stereotypes and patriarchal attitudes that assume that the burden of domestic and caring responsibilities must be borne by women; and (3) the status of the National Gender and Social Inclusion Policy and the activities of the Women and Gender Equality Commission (WGEC). The Committee notes the Government’s indication that it aims to provide training to participants so that they can have accredited certificates, which will improve their employability or help them start their businesses, thus gaining economic benefits along with boosting their self-confidence and individuality. The Government continues to launch initiatives and social development programs such as the Guyana Online Academy of Learning (GOAL), which is tasked with awarding 20.000 scholarships by 2025 – in 2021, 6000 scholarships have already been awarded (69 per cent women and 31 per cent men). Additionally, the Ministry of Human Services and Social Security launched its Women’s Innovation and Investment Network (WIIN) in May 2021, opened to women all across Guyana and available both online and in person. In August 2021, the business incubator located at the Guyana Women's Leadership Institute was launched to assist women in the registration of their businesses, finding funding, and developing networks as well as assist in the marketing of their businesses. The Small Business Bureau has trained 1646 female entrepreneurs between 2017 and 2020, of which 36 per cent were from the hinterland regions, 723 female entrepreneurs received grants and 88 received loans. The Committee observes the government statement that women account for a large percentage of the workforce in the following occupations: judges, magistrates, attorneys-at-law, permanent secretaries, teachers and nurses. The Committee notes the measures taken in favour of women to access to, and advance in, employment and occupation. Concerning the measures to combat gender stereotypes and patriarchal attitudes, the Committee notes that the Gender Affairs Bureau (GAB) conducted awareness and sensitization sessions in a bid to change the perception of the roles of women and increasing respect for women and addressing the issue of toxic masculinity, with 450 rural men being engaged. The Committee notes the information provided by the Government in its 2020 report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), indicating that it had developed a national strategy or action plan for gender equality that was called the National Gender Equality and Social Inclusion Policy (NGESIP) foreseen to cover the period 2018-2023 but that it was still seeking funds for its full implementation (Beijing +25 national report, pages 38-39). In its report to the Committee, the Government states that the policy is currently under review by the Ministry of Human Services and Social Security and will be approved and adopted by the Cabinet. The Committee asks the Government to provide information on: (i) the impact of the measures taken to develop women’s employability; (ii) the content of the awareness and sensitization sessions to combat any gender stereotypes and patriarchal attitudes that hinder women’s access to the labour market and on the impact of these sessions; and (iii) the adoption and implementation of the National Gender and Social Inclusion Policy.

Finally, concerning the activities of the Women and Gender Equality Commission (WGEC) and the GAB, the Committee notes that the WGEC is tasked with supporting the application of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the fulfilment of the Sustainable Development Goal No. 5: “Gender Equality”. The Committee also notes the WGEC 2017-2018 annual report, which indicates a wider vision, mission and mandate, listing 14 points of action. In addition, the Committee notes the activities realized by the GAB between August 2020 and 2021, in particular: (1) training of seven Regional Gender Affairs Committee (RGAC), on Gender Mainstreaming, planning, and the concept of Gender and Development (105 persons); (2) Conflict Resolution and Mediation training for members of the Support and Heal Network and Staff of the Ministry of Human Services and Social Security (68 persons); (3) design and distribution of 3000 brochures on the CEDAW at a glance and Sexual Harassment; (4) Train-The-Trainers Workshop for 70 Senior Community Policing Officers in collaboration with the National Community Policing Group to conduct training in areas of Masculinity, Conflict Resolution and Anger Management; (5) The Men's Virtual Hangout which is an initiative to create spaces for men to share their perspectives on issues that affect them and learning from each other’s (354 men); (6) creation of 5 Regional Men’s Groups that will work in collaboration with the Ministry to address issues affecting men in the Regions in order to engage men as partners for Gender Equality and address Masculinity; and (7) reconstitution of the Inter-Ministry Gender Focal Point Committee (IMC), which aims to mainstream gender in all Government Agencies and to serve as the coordinating committee for the implementation of the CEDAW. The Committee asks the Government to provide information on the impact of these measures, in particular updated statistics on the situation of men and women in different occupations, including at the decision-making level, and in all sectors of the economy.

Indigenous peoples. In response to the Committee previous request to the Government to provide information on the development and results of the Hinterland Employment and Youth Service (HEYS) programme, the Government notes that this programme has been ended and that the Ministry of Amerindian Affairs has re-established the Community Support Officers (CSO) Programme. The CSO programme aims to help young Amerindians in several villages and communities in creating job opportunities, building capacity and in strengthening their interests and skills. Areas of training include, inter alia, information and communication technology, installation and maintenance of solar panels, training and licensing of drivers. Currently, the CSO programme has hired 2039 Community Service Officers, of which 69 per cent are women. Several government agencies offer other training opportunities to Amerindian communities, including the Board of Industrial Training, the Ministry of Education, the Ministry of Amerindian Affairs, the Guyana Forestry Commission, the Ministry of Culture, Youth and Sport, the Ministry of Local Government & Regional Development, NAREI, etc. Areas of training include agriculture, information & communication technology, entrepreneurship, gender and personal empowerment, capacity-building and technical and vocational training. Traditional activities are also encouraged, and training is provided in shade farming. The GOAL Scholarship programme awarded 782 scholarships to persons from the hinterland regions and women represented 75, 73, 70 and 71 per cent of the awardees from regions number 1, 7, 8 and 9 respectively. Additionally, 1112 Amerindians benefited from scholarships for secondary schools and technical training between 2015 and 2020. Finally, persons in the hinterland regions have access to the Government’s Medex (in Guyana, “Medex” are mid-level managers, responsible for the maternal and child health aspect of health care in their respective region or sub-district. In some areas, they are also responsible for chronic Non-Communicable Disease clinics especially where there is no doctor), nursing and teachers’ training programmes, and the Police Force recruited 43 Amerindians, of which 23 per cent are female officers. The Committee notes this information. In the absence of information on these points, the Committee reiterates its request to the Government to provide: (i) any available information, disaggregated by sex, on the situation of persons from indigenous peoples in employment and occupation, including in entrepreneurship and traditional activities; and (ii) detailed information on the activities carried out by the Ethnic Relations Commission and the Indigenous Peoples Commission, and their impact in the fields of education, training, employment and occupation.

Enforcement and statistics. Previously the Committee asked the Government: (1) to provide information on the enforcement of the legislation prohibiting discrimination on the grounds set out in the Convention, (2) to ensure effective access to and the functioning of the enforcement mechanisms dealing with complaints of discrimination; and (3) to ensure that it is in a position to collect and compile statistical data, disaggregated by sex, on the participation of men and women, as well as the different ethnic groups, in the various sectors and occupations. The Committee notes that in its reply the Government merely lists the existing enforcement entities (Ethnic Relations Commission, Women and Gender Equality Commission, Indigenous Peoples Commission) and the legal framework in place (Constitution, 1980; Equal Rights Act, 1990; Prevention of Discrimination Act, 1997). As regard the Committee’s request for data on the participation of men and women, as well as the different ethnic groups, in the various sectors and occupations, the Government states that it will take steps to improve data collection and that the country does not collect data on ethnicity.

In this regard, the Committee refers to its 2018 general observation pointing out that, in countries where legislation and procedures do not allow for the collection and publication of employment statistics disaggregated by ethnic origin, qualitative research on the nature and extent of labour inequalities, including its underlying causes, is a crucial tool. In addition to any statistical data, the Committee asks the Government to provide: (i) copies of any specific surveys, studies or research undertaken to determine the nature, extent and causes of discrimination in the public and private sectors, where available; (ii) the number, nature and outcomes of cases of discrimination in employment and occupation examined by the labour inspectorate, the courts or the equality bodies such as the Ethnic Relations Commission, the Women and Gender Equality Commission, and the Indigenous Peoples Commission; and (iii) information on the specific measures taken to raise awareness among social partners of the principles of equality and non-discrimination. The Committee also asks the Government to strengthen the enforcement of its non-discrimination and equality legal framework by ensuring effective access to remedies for victims and sufficient resources and adequate training for relevant institutions.

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

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

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

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

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

Legislation. The Committee notes the Government’s indication in its report that the final draft of the Regulations on safe use of chemicals at work have been approved by the National Tripartite Committee and are currently being reviewed by the Attorney General’s Chambers. The Regulations will then be presented to Cabinet for approval and then submitted to Parliament for adoption. Noting that the adoption of these Regulations has been pending for many years, the Committee urges the Government to take the necessary measures to ensure that the Regulations on the safe use of chemicals at work are adopted without delay in order to ensure the application of the Convention. The Committee also requests the Government to provide a copy of the Regulations once adopted.

Article 1(1) and (2) of the Convention. List of prohibited or restricted carcinogenic substances or agents. Exemptions from prohibition. In its previous comments, the Committee noted that, pursuant to section 59 of the Occupational Safety and Health (OSH) Act of 1997, the use or intended use of chemical, biological or physical agents may be prohibited, limited or restricted or made subject to conditions, if their use, in the opinion of the Occupational Safety and Health Authority, is likely to endanger the health of workers. The Committee notes that the use of 25 chemicals is prohibited or restricted by Schedule 1 of the Regulations made under the Pesticides and Toxic Chemicals Control Act, including six substances (esters, chlordane, chlordimeform, chlorobenzilate, mirex and pentachlorophenol) considered to have carcinogenic effects, all of which are prohibited. The Committee also notes that the Pesticides and Toxic Chemicals Control Board (the Board) of Guyana published an updated list of banned and restricted chemicals, which was adopted in 2018. The Committee further observes that there is no information on the existence of a mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. In addition, it notes that the Government’s report does not contain up-to-date information on the exemptions from prohibition, which may only be granted by issuing a certificate specifying in each case the conditions to be met. The Committee therefore requests the Government to provide information on the mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. It also requests the Government to provide the up-to-date list of carcinogenic substances and agents to which occupational exposure is prohibited. In addition, the Committee requests the Government to indicate whether any exemptions from prohibition have been granted by the issuance of a certificate that specifies, for each case, the conditions to be met.

Article 2(1) and (2). Replacement of carcinogenic substances and agents. Number of workers exposed. In its previous comments, the Committee noted the Government’s indication that the National Agriculture Research Institute gave advice to importers to import chemicals that are not carcinogenic, and that farmers and their organizations have been educated on the need to use less carcinogenic chemicals. The Committee notes that the Pesticides and Toxic Chemical Control Act and its Regulations do not contain any provisions providing for the replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances and agents. The Committee also notes the absence of information on the number of workers exposed to carcinogenic substances or agents. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Regulations on the Safe Use of Chemicals at Work contain provisions providing for the obligation to substitute carcinogenic substances and agents whenever possible, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the number of workers exposed to carcinogenic substances or agents.

Article 3. Exposure limits and protective measures. Records of exposure of workers at risk. Following its previous comments, the Committee notes that section 31(1) and (2)(a) and (b) of the Pesticides and Toxic Chemicals Control Act provides that the Board may request the employer to remove the risk of body injury, exhibit notice at the workplace and take special precautions. Moreover, Part X of the Pesticides and Toxic Chemical Control Regulations provides for the protection of workers exposed to pesticides. The Committee observes however that, except for the above-mentioned lists of prohibited chemicals, there are no provisions addressing the risk of exposure to carcinogenic substances or agents. In addition, in its previous comments, the Committee noted that section 61 of the OSH Act 1997 does not give full effect to Article 3 of the Convention, as it only provides for the obligation of the employer to establish and maintain an inventory of all hazardous chemicals and physical agents present at the workplace. The Committee requests the Government to take the necessary measures to protect workers against the risks of exposure to carcinogenic substances or agents by specifying the conditions under which reasonable exposure to carcinogenic substances may be authorized, including permitted exposure limits and specific protective measures, and to provide any policy and/or regulation in this regard. It also once again requests the Government to take the necessary measures to establish an appropriate system of records at the national level to evaluate the different aspects of occupational cancer.

Article 5. Medical examinations. Following its previous comments, the Committee notes that, in accordance with to section 31(2)(c) of the Pesticides and Toxic Chemicals Act, the Board may request the employer to provide periodical medical examinations of workers as prescribed by regulations. The Committee requests the Government to clarify whether this medical examination is a general obligation of employers or if it occurs only upon the request of the Board, and to indicate whether any regulations providing for periodical medical examinations have been adopted. The Committee also requests the Government to indicate whether there is any regulation providing for post-employment medical examinations of workers.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that the 1998 Narcotic Drugs and Psychotropic Substance Act provides for penal sanctions for supplying narcotics to persons under the age of 18 years, but observed the absence of legislative provisions prohibiting the use, procuring or offering of children for illicit activities, including the production or trafficking of drugs. The Committee notes that the Government indicates in its report that one of the activities envisaged under the National Action Plan for the Elimination of Child Labour (2019 - 2025), is to amend the 1998 Narcotic Drugs and Psychotropic Substance Act in order to introduce a provision prohibiting the use, procuring or offering of a child for the production or trafficking of drugs. The Committee requests the Government to provide information on the outcome of the revision of the 1998 Narcotic Drugs and Psychotropic Substance Act envisaged by the National Action Plan for the Elimination of Child Labour, and to provide a copy of the respective amendments once adopted.

Clause (d) and Article 7(1). Hazardous work and penalties. The Committee previously requested the Government to ensure the application of sufficiently effective and dissuasive penalties for the employment of children in hazardous work. In this respect, the Committee notes that the Government indicates that there is no known case of children under the age of eighteen employed in a hazardous workplace. It notes that the Government recognizes that many of the penalties for violations of the labour legislation may no longer be dissuasive and therefore the Government intends to initiate a comprehensive review of that legislation to ensure that penalties are effective, dissuasive and harmonious. The Committee observes that, in its 2018 concluding observations for Guyana, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families refers to reports of migrant children performing hazardous work in the construction, logging, farming, fishing, manufacturing and mining industries (CMW/C/GUY/CO/1 paragraph 32). The Committee requests the Government to take the necessary measures, without delay, to ensure that the amended labour legislation will contain effective and dissuasive penalties for engaging children under the age of 18 years in hazardous work. The Committee requests the Government to provide information on the progress made in this regard in its next report.

Article 6. Programmes of action for the elimination of the worst forms of child labour. Trafficking of children. In reply to the Committee’s request for information on the measures taken towards the elimination of trafficking of children, the Government indicates that a new National Plan of Action for the Prevention and Response to Trafficking in Persons has been drafted. The new Plan shall focus on: increasing the capacity of law enforcement bodies to detect, investigate and prosecute cases of trafficking; providing comprehensive direct assistance to the victims; and enhancing public-private partnerships in combating trafficking in persons. The Committee notes that the Government indicates that the Ministerial Task Force for combating trafficking in persons, created in 2007, remains active. It further notes the Government’s indication that the 2005 Combatting of Trafficking in Persons Act has been re-drafted and that it will be sent to the Parliament for debate. The Committee requests the Government to provide information on the concrete measures taken or envisaged to eliminate the trafficking of children under the age of 18 years, including within the framework of the new National Plan of Action for the Prevention and Response to Trafficking in Persons. The Committee also requests the Government to provide information on any proposed or adopted amendments to the 2005 Combatting of Trafficking in Persons Act.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In reply to the Committee’s request for information on measures taken to promote access to primary and secondary education for all children, including pregnant teenagers, the Committee notes the adoption of the Education Sector Plan 2021–2025, which seeks to develop coherent national policies towards improving the provision of education services and ensure that all children complete secondary school. It notes with interest the adoption, in 2018, of the National Policy for the Reintegration of Adolescent Mothers into the Formal School System. The aim of the policy is to outline the process that will facilitate the reintegration of adolescent mothers into the formal school system and the conditions under which the re-entry should take place. In the context of this policy, the Ministry of Education can put in place measures such as continuous public education and awareness programmes; sensitization of teachers, students and general school staff of the needs of pregnant adolescents; an effective tracking system to capture progress on school attendance; counselling and psychosocial support service; and post-natal services and daily care systems. The Committee notes that, according to the statistical information contained in the Education Sector Plan, the national net enrolment rate at primary level for the school year 2017–18 was 92.71 per cent for boys and 91.52 for girls. The national net enrolment rate at secondary level in the same school year was 59.08 per cent for male students and 65.61 for female students (pages 41 and 24 of the Plan). The regions with the highest out-of-school rates among primary school age children were Potaro-Siparuni (5.8 per cent) and Pomeroon-Supenaam (3.6 per cent); whereas the regions with the highest out-of-school rates among lower secondary school age children were Pomeroon-Supenaam (12.8 per cent) and Cuyuni - Mazaruni (12.3 per cent) (pages 48 and 50 of the Plan). Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure access to free basic education for all children, particularly in regions with the highest out-of-school rates, and to provide information on the results achieved. Please also provide information on the implementation of the National Policy for the Reintegration of Adolescent Mothers into the Formal School System, including information on the number of pregnant teenagers and adolescent mothers that have benefited from this policy.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee previously took note of information concerning the prevalence of commercial sexual exploitation of children in the country and requested the Government to provide information on the effective and time-bound measures taken to provide direct assistance for the removal of the victims of this practice and ensure their rehabilitation and social integration. The Committee notes that the Government indicates that different agencies have conducted training activities in hinterland areas to sensitize citizens on the issue of the commercial sexual exploitation of children. The Government adds that it has established safe havens for the rehabilitation of victims, and made accessible free education and vocational training programmes to victims. The Committee takes due note that the Government indicates that a study may have to be undertaken to ascertain the current situation and to guide the formulation of any measure that can be implemented. Finally, the Committee observes that, in its 2018 concluding observations for Guyana, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families refers to reports of commercial sexual exploitation of migrant children (CMW/C/GUY/CO/1 paragraph 32). The Committee requests the Government to provide information on the effective and time-bound measures taken to provide the necessary direct assistance for the removal of child victims of commercial sexual exploitation and to ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the results of the study assessing the problem of commercial sexual exploitation of children in Guyana envisaged by the Government.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children and Amerindian children. The Committee previously observed that street children and children belonging to Amerindian communities are at particular risk of becoming involved in the worst forms of child labour. The Committee notes that, the Government indicates that the Ministry of Human Services and Social Protection have put in place initiatives to remove children from the streets and place them in safe homes. It adds that the Child Care and Protection Agency is in charge of managing state care centres to provide protection to vulnerable children and placing children in foster homes. As regards to the situation of Amerindian children, the Committee notes that, according to the National Action Plan for the Elimination of Child Labour (2019 - 2025), by 2014, 34 percent of Amerindian children between the ages of 5 to 17 years were engaged in hazardous work. The Committee further notes the Government’s indication that the situation of street children and Amerindian children will be raised within the National Child Labour Prevention and Elimination Committee in charge of coordinating the implementation of the National Action Plan. The Committee requests the Government to provide information on the concrete measures taken, including under the National Action Plan for the Elimination of Child Labour, to protect street children and children belonging to Amerindian communities from the worst forms of child labour and their results.

2. HIV/AIDS orphans. The Committee previously encouraged the Government to continue taking measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from the worst forms of child labour. The Committee notes the Government’s indication that there are twenty-three orphanages in Guyana and that approximately six hundred and ninety orphans have been reached through various initiatives. The Government adds that it will continue to undertake measures with local and international partners to ensure that HIV/AIDS orphans are protected from the worst forms of child labour. The Committee notes that according to UNAIDS, the number of orphans due to AIDS (aged 0 to 17 years) was estimated at 1,700 children. The Committee requests the Government to continue providing information on the impact of the measures taken to protect HIV/AIDS orphans from the worst forms of child labour.

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

Repetition

Articles 2 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee recalls that, for many years, it has been requesting the Government to provide information on the measures taken to give effect to the Convention. In its report, the Government provides summaries of court decisions relevant to the granting of paid educational leave in the public service sector. The Government indicates that training in the private sector is undertaken on the basis of a company’s needs, such as succession planning, human resource needs and upgrading of technology, whereas training is implemented through scholarships in the public sector. Training is provided on the basis of the projected labour needs of the Government and training opportunities are advertised within the various Ministries and agencies as well as in national newspapers. The Committee once again recalls that the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of occupational training at any level, general, social and civil education and trade union education (Article 2) in consultation with the social partners (Article 6). Noting that the information provided in the Government’s report does not indicate the manner in which Article 2 of the Convention is given effect, the Committee requests the Government to indicate the content and scope of the policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention and to communicate the texts, including government statements, declarations and other documents, in which the policy is expressed. In addition, the Committee once again reiterates its request that the Government provide full particulars on the measures taken or envisaged in order to give effect to these provisions of the Convention.

Articles 5 and 6. Arrangements for paid educational leave through collective agreements. Consultation with the social partners. The Committee notes the Government’s indication that the National Tripartite Committee established in 1993 has constituted a subcommittee to deal with training and placement issues. It adds that there is no information available on the manner in which the public authorities, representative employers’ and workers’ organizations and institutions providing education or training have been consulted on the formulation and application of the national policy to promote the granting of paid educational leave for the purposes specified in the Convention. The Government states that the social partners make provision for some measure of paid educational leave in the private sector through the bargaining process. The Committee requests the Government to provide information on the arrangements to enable the participation of employers’ and workers’ organizations and institutions providing education or training in the formulation and application of the national policy for the promotion of paid educational leave for the purposes specified in Article 2 of the Convention.

Article 8. Non-discrimination. The Government indicates that training under Article 2(a) includes training for apprentices and groups in vulnerable situations. In this regard, the Committee notes that the Industrial Training Act, Chapter 39:01, referenced in the Government’s report, regulates apprenticeships, but that section 3(1) of the Act refers only to male apprentices (boys). The Government does not provide information regarding training for groups in vulnerable situations. The Committee requests the Government to provide information, including statistical data disaggregated by sex, on the apprenticeship training opportunities available to boys and girls. Noting that section 3(1) of the Industrial Training Act could be interpreted to exclude girls, it also invites the Government to consider amending the Act to extend apprenticeships to both male and female apprentices. It also requests the Government to provide particulars regarding the measures taken to ensure that groups in vulnerable situations have access to paid educational leave.

Application of the Convention. Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from reports, studies and enquiries, and statistics disaggregated by sex and age on the number of workers granted paid educational leave during the reporting period.

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

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Articles 1 and 2 of the Convention. Formulation and implementation of education and training policies and programmes. Coordination with employment. In response to the Committee’s previous comments, the Government reports that the machinery for the development of comprehensive training programmes is the Council for Technical and Vocational Education and Training (TVET Council), as well as the Board of Industrial Training (BIT). The human resources development policies aim to meet the changing demands for a skilled workforce by providing education and training during and after secondary school, developing competencies required for successful school-to-work transitions and making education and training opportunities available to all. The Government adds that the national technical and vocational education systems in place form part of the national education system. Information on vocational education and training programmes is disseminated through established national institutions, host agencies and the media. The Government further indicates that it is currently implementing two types of vocational guidance and training schemes: more traditional apprenticeship programmes lasting from two to four years; and a more contemporary programme, the National Training Project for Youth Empowerment (NTPYE), which is community-based and focuses on rural development. The Government indicates that both programmes fall under the supervision of the BIT. The Masters for the traditional apprenticeship programmes disseminate information about training, employment prospects and career guidance through established institutions such as the Government Technical Institute, the New Amsterdam Technical Institute, the Guyana Industrial Training Centre and other centres. The Committee notes that the NTPYE provides vocational guidance and training in both traditional and non traditional disciplines such as home economics, garments, construction, forestry, management and supervision, and information technology. The Committee notes that prior to implementing a new vocational training programme, the Government conducts a needs analysis in specific environments to ensure that the new programme meets the needs of the communities concerned. The Committee notes that, according to the Government’s website, since 2016, Guyana’s TVET institutions offer the Caribbean Vocational Qualification (CVQ) in areas such as engineering, carpentry or graphic design. The Committee requests the Government to provide information, including statistical data disaggregated by age and sex, on the number of participants in the different vocational guidance and training programmes made available by the Government, including the CVQ scheme and, in particular, on their impact in relation to participants’ access to lasting employment, especially in rural areas. The Committee also once again requests the Government to provide a copy of the policy document developed by the TVET Council.

Article 1(5). Coverage of specific categories of persons by the vocational training system. In response to the Committee’s previous comments, the Government reports that the NTPYE provides vocational guidance and training for persons with disabilities. The Committee notes, however, that the Government does not provide any specific information with regard to the results of the NTPYE, the Single Parents Programme, or other vocational guidance and training programmes aimed at specific categories of workers who face particular difficulties in securing employment, such as young persons, single mothers and persons with disabilities. The Committee requests the Government to provide information, including statistical data disaggregated by age and sex, on the content and scope of the programmes, their implementation, and results achieved with regard to vocational training and guidance provided for young persons, women and persons with disabilities, especially in the context of increasing their employability.

Article 5. Cooperation with employers’ and workers’ organizations. The Government indicates that the 2010–11 Policy on Technical and Vocational Education and Training proposed the involvement of the social partners in the development and implementation of education and training policies, but that no information is available concerning the extent to which this proposal has been implemented. Noting that the Government has provided no updated information in this respect, the Committee reiterates its request that the Government provide information on whether and to what extent employers’ and workers’ organizations are represented within the TVET Council, as well as on the manner in which it ensures in general that the formulation and implementation of vocational guidance and vocational training policies and programmes is carried out in cooperation with employers’ and workers’ organizations and other interested bodies, as required under the Convention.

Article 1(4) of the Convention. Definition of the term “seafarer”. In its previous comments, the Committee observed that the provisions of the Shipping Act (No. 7 of 1998) on repatriation apply to seamen – as defined in section 2 of the Act – but not to masters and apprentices, offering therefore more limited coverage than that envisaged by the Convention. The Committee recalled that the Convention applies to any person employed in any capacity on board a seagoing ship and requested the Government to take all necessary action to ensure that masters and apprentices are not excluded from the scope of sections 188–213 of the Shipping Act with respect to repatriation. The Committee notes that the Government’s report contains no reply to its previous comments. Therefore, the Committee requests the Government, once again, to adopt the necessary measures, without delay, to ensure that all seafarers covered by the Convention including masters and apprentices are entitled to repatriation under its terms and conditions.

Comments adopted by the CEACR: Guyana

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C149 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C172 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C189 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C139 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C140 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C166 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)