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

Article 3 of the Convention. Worst forms of child labour. Clause (c).  Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted that the Anti-Drugs Act No. 6.368 of 21 October 1976 covers the unlawful trafficking and use of narcotics and criminalizes a number of activities. It noted that section 18(3) of the Act provides that penalties are increased if the offences involve minors (persons under 21 years of age), either as accomplices or victims. The Committee noted that, according to the information available at the Office, the number of young persons involved in drug trafficking had been increasing since the use of minors in “bisness” was cheaper than the use of adults. The Committee asked the Government to provide information on the application of the legislation in practice. The Committee notes that the Government’s report does not contain any information on this issue. However, it notes that, according to the information in the December 2008
ILO–IPEC report on the Time-bound Programme (TBP) (2008 ILO–IPEC report on the TBP), young persons are being used for drug trafficking in the country. The Committee again requests the Government to supply information on the  measures taken to eliminate this worst form of child labour and the application of the legislation in practice, including, for example, statistics on the number and nature of reported offences, investigations, prosecutions, convictions and penalties imposed.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes with interest the adoption of Decree No. 6.481 of 12 June 2008, which approves a detailed list of more than 90 worst forms of child labour in which the employment of young persons under 18 years of age is prohibited.

Article 7, paragraph 1. Penalties. The Committee notes that, even though Decree No. 6.481 of 12 June 2008 approves a detailed list of the worst forms of child labour, none of its provisions provides for penalties in the event of their violation. In this respect, it reminds the Government that under this provision of the Convention measures must be taken to ensure the effective implementation and enforcement of the provisions giving effect to it, including the provision and application of criminal penalties or, as appropriate, other sanctions. The Committee therefore requests the Government to adopt penalties which act as a sufficiently effective deterrent and enable persons to be prosecuted who cause young persons under 18 years of age to engage in the worst forms of child labour in violation of Decree No. 6.481 of 12 June 2008. It requests the Government to provide information in this respect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that, according to the December 2008 ILO–IPEC report on the TBP, between 2003 and 2008 a total of 10,807 children benefited from the programme, with 5,251 prevented from engaging in the worst forms of child labour and 5,556 removed from these worst forms of child labour. Moreover, the Committee notes the many actions in the area of prevention and awareness raising undertaken as part of the implementation of the TBP and also those concerning further schooling or vocational training for the victims of the worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes that, according to UNICEF statistics for 2007, the net attendance rate in primary education is 95 per cent for boys and girls, and in secondary education is 42 per cent for boys and 50 per cent for girls. The Committee also notes that, according to the 2008 Education for All Global Monitoring Report published by UNESCO entitled Education for All by 2015: Will we make it? (2008 UNESCO report), Brazil is making steady progress and has a good chance of achieving the goal of education for all by 2015. However, according to the 2008 UNESCO report, even though progress has been made towards reducing the gender gap in school education, major disparities to the detriment of boys continue and the country will probably not achieve gender parity by 2025.

The Committee notes that, according to the 2008 UNESCO report, national policies and national plans in education all incorporate the goal of education for all. Moreover, the Government has established a programme for the transfer of money (the school bursary programme), which currently benefits more than 16 million children. The Committee notes the “Plan for the development of education” which has been under way since 2007. It also notes that, according to the March 2009 ILO–IPEC report on the national aid project for a state without child labour (Bahia), a draft Act to amend the Constitution has been drawn up which plans to make secondary education obligatory. This amendment to the Constitution will enable more than 3.5 million children to return to school.

The Committee notes the measures taken by the Government in the field of education. However, it is concerned at the net school attendance rate, which is lower in secondary education, and at the gender gap to the detriment of boys. In view of the fact that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the effective and time-bound measures taken, particularly in the context of the “Plan for the development of education”, to increase the secondary school attendance rate and reduce the gender gap in access to education, with particular emphasis on boys. The Committee requests the Government to provide information on the results achieved and also on any progress made regarding the adoption of the Act on compulsory secondary education.

2. Tourist activities. The Committee notes that, according to the 2008
ILO–IPEC report on the TBP, the Ministry of Tourism has stepped up its initiatives to combat commercial sexual exploitation in the country’s tourist destinations. Specifically, it has established a vocational training programme aimed at the social inclusion of young persons over 16 years of age from the poorest families in the city of Fortaleza. The current objective is to extend this programme to other tourist locations in the country. The Committee notes the measures taken by the Government in connection with the tourist industry and strongly encourages it to continue its efforts in this respect.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. State without child labour – Bahia. The Committee notes that, according to ILO–IPEC information, the federal and state governments and municipalities have been collaborating with ILO–IPEC since 2008 to strengthen the national policy for the elimination of child labour, including the worst forms thereof. Accordingly, in the context of the Bahia Decent Work Agenda, the Brazilian authorities and
ILO–IPEC have been implementing a national aid project since March 2008 to make Bahia the first state in the country to be free of child labour. The project is in its initial stages. The Committee requests the Government to supply information on the time-bound measures taken, in the context of the national aid project to make Bahia the first state in the country without child labour, to remove children in this state from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to supply information on the results achieved.

Clause (d). Children at special risk. Child victims of HIV/AIDS. In its previous comments, the Committee noted that, according to the AIDS Epidemic Update published in 2006 by the Joint United Nations Programme on HIV/AIDS (UNAIDS), one third of all persons living with the HIV virus in Latin America, that is more than 620,000 persons, live in Brazil. The Committee notes that, according to information contained in the December 2008 Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), the number of persons living with the HIV virus is about 730,000. The Committee notes the Government’s statement that, in the context of its activities, the labour inspectorate endeavours to reach the largest possible number of children and young persons who are in unauthorized employment. It also notes that, according to UNGASS information from 2008, the Government has implemented a national framework for preventing and combating HIV/AIDS, which particularly covers children who have been orphaned as a result of the virus.

The Committee observes that HIV/AIDS has a negative impact on orphans, who are at greater risk of engagement in the worst forms of child labour. The Committee requests the Government to provide information on specific time‑bound measures taken, by labour inspectors or as part of the implementation of the national framework for preventing and combating HIV/AIDS, to prevent the engagement of these children in the worst forms of child labour.