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

Repetition

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 interestthe 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.