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

Articles 3(a) and 5 of the Convention. Trafficking, monitoring mechanisms and the application of the Convention in practice. In its previous comments, the Committee noted the national penal provisions concerning the worst forms of child labour. It also noted the Government’s reference to measures taken by the Interdepartmental Working Group on Trafficking in Persons, including the investigation and prosecution policy on criminal networks of child trafficking, and the training of district commissioners, immigration officials, and labour inspectors in recognizing victims of trafficking.
In this respect, the Committee notes the Government’s indication in its report that the National Committee for the Elimination of Child Labour is undertaking awareness-raising activities on the prohibition of all forms of child labour and the reporting mechanisms of suspected cases, and that the National Committee collaborates with several institutions, including the labour inspectorate and the police. It further notes the Government’s indication that, in the period between August 2016 and August 2019, a total of eight cases of human trafficking were investigated by the Trafficking in Persons Department, with seven children (that is, minors) being identified as victims of sexual exploitation. The Government adds that in this respect, 23 suspects were arrested and the corresponding files sent to the Public Prosecution Service. The Committee requests the Government to continue to provide information on the number and nature of violations reported, and investigations and prosecutions undertaken concerning trafficking in children. The Committee also requests the Government to provide information on the convictions and penalties imposed, including in respect of the 23 suspects who were arrested and whose cases have been sent to the Public Prosecution Service.
Article 3(d). Hazardous work in the informal economy. Labour inspectorate. In its previous comments, the Committee noted the increasing prevalence of child labour in the informal economy, in particular the small-scale goldmining sector. It noted the Government’s indication that inspections and supervision of working conditions in the informal economy would be considered in a broader approach including measures to collaborate with other relevant enforcement bodies, such as the police.
The Committee notes the Government’s indication, in response to its request, that the labour inspectorate may inspect all areas where some form of economic activity is ongoing, but that it is difficult for labour inspectors to detect child labour in the informal economy in view of the remote areas where instances of child labour occur, and the hidden nature of the phenomenon. In this respect, the Committee also recalls that it noted, in its comment on the application of the Labour Inspection Convention, 1947 (No. 81) published in 2019, that the labour inspectorate lacked sufficient qualified personnel and transport facilities to be present in the hinterland of the country. In this respect, it notes from the information provided in the Government’s 2019 report on the application of Convention No. 81, that steps are being taken to fill the vacant positions in the labour inspectorate and to improve the transport facilities of the labour inspectorate, and that training on child labour was provided to labour inspectors. In this context, the Committee also notes from the information in the 2017 Child Labour Survey, as referenced in the Government’s report, that approximately 2.2 per cent of the total number of children are involved in child labour with approximately 1.6 per cent to be found in hazardous work (page xviii). The Committee also notes from that Survey that children mainly work in the agriculture, forestry, hunting and fishery industries (44.9 per cent) (page xiii). Referring to its comments under Convention No. 81, the Committee requests the Government to provide information on the progress made concerning the increase in the number of labour inspectors and the improvement in the transport facilities available at the labour inspectorate, and the impact on the improved capacity of labour inspectors to identify and address hazardous work by children in the informal economy. It requests the Government to provide information on the activities undertaken by the labour inspectorate, where applicable, in collaboration with other enforcement bodies, in the area of hazardous child labour (including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken).
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 its previous comments, the Committee noted the various measures taken by the Government to improve access to basic education, including the waiving of the enrolment fees for primary and secondary education and the Government’s indication that proposals for compulsory secondary education (for the age group of 12–16 years) would be made by the end of 2016.
The Committee notes the Government’s indication, in response to its request to improve access to education, that the Ministry of Education continues to be in the process of drafting legislation for the improvement of the system of education. In this regard, the Committee also notes from the 2017 Child Labour Survey as referenced by the Government, that only primary education is compulsory (corresponding to the compulsory school age from 7 and 12), and that work is currently being undertaken on aligning the age of entry to work and the compulsory school age (page 7). The Committee also notes the 2016 concluding observations of the Committee on the Rights of the Child (CRC/C/SUR/CO/3-4), which refer to a number of issues in the education system, particularly in the interior areas of the country, including: low primary school completion rates and low retention rates at the secondary level; the lack of schools in some remote districts; and barriers to accessing education by children from low-income families, including fees for school materials (paragraph 34). The Committee also notes from the statistics provided on the website of the United Nations Educational, Scientific and Cultural Organization (UNESCO) that in 2018, the net enrolment rate of children in primary education was 86.03 per cent, and that in 2015 (latest available information), the net enrolment rate at the secondary level was 57.79 per cent. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to improve the functioning of the education system, in particular to increase the school enrolment, attendance and completion rates at the secondary level.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. In its previous comments, the Committee noted that Suriname is a destination, source and transit country for child victims of trafficking and working as commercial sex workers. It noted the Government’s reference, among other things, to measures for child victims of trafficking, including the establishment of a shelter, and to the provision of services and protection by the Ministry of Justice and Police. The Committee noted, however, that the Human Rights Committee, in its 2015 concluding observations, expressed concern at the difficulties of the victims of trafficking in receiving access to effective protection, shelter and reparation (CCPR/C/SUR/CO/3, paragraph 29).
The Committee notes the Government’s indication, in response to its request, that an improved referral system between the criminal law enforcement authorities and the social services for cases of child labour had been implemented, and was in the testing phase between August 2019 and February 2020. The Government indicates that this system is hoped to improve the identification, handling and remediation of cases of child labour. The Government also indicates that all child victims of trafficking and prostitution identified during the reporting period were provided with protection and support by the Unit on Trafficking in Persons within the Ministry of Justice and Police after removal from the situation. In this respect, the Committee also notes that the Committee on the Rights of the Child, in its 2016 concluding observations (CRC/C/SUR/CO/3-4), calls, among other things, for: (i) the adequate staffing and funding of child protection agencies; (ii) the upgrading of the existing shelter and opening of additional shelters for child victims of sexual abuse; and (iii) the development of programmes and policies for the prevention, recovery and social reintegration of child victims (paragraph 21). The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its 2018 concluding observations (CEDAW/C/SUR/CO/4-6) indicates that there is a lack of information on the shelters available to women and girls who are victims of trafficking and the types of programmes and health services provided by those shelters (paragraph 28). The Committee requests the Government to provide more detailed information on the services provided for child victims of trafficking, including their rehabilitation and social integration (such as the nature of assistance and support provided to child victims, the impact of the new referral system, and the operation of the shelter(s) provided). It requests the Government to continue to provide information on the number of child victims of trafficking who have been removed from the worst forms of child labour and benefited from such services.

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

Article 3(d) of the Convention. Hazardous work in the informal economy. In its previous comments, the Committee noted the increasing prevalence of child labour in the informal economy, in particular the small-scale gold mining sector. It also noted the Government’s indication, that a revision of the Decree on Labour Inspection had been approved by the tripartite Labour Advisory Board.
The Committee notes the Government’s information in its report that measures authorizing labour inspectors to inspect and supervise working conditions in the informal economy will be considered in a broader approach including measures to collaborate with other relevant enforcement mechanisms such as the police. With regard to the status of the process of ratification of the Minimum Age Convention, 1973 (No. 138), the Government indicates that the final draft of the legislation concerning this Convention has been sent to Parliament for approval. The Committee further notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81) that the draft revised Decree on Labour Inspection is currently awaiting approval by Parliament. The Committee requests the Government to indicate whether the revised Decree on Labour Inspection contains any provision concerning the powers of the labour inspectors to inspect and supervise child labour in the informal economy. It also requests the Government to provide information on the measures taken by the labour inspectorate to collaborate with the police and other law enforcement agencies in this regard and their impact. The Committee finally requests the Government to provide updated information with regard to the ratification of Convention No. 138.
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 its previous comments, the Committee noted the various measures taken by the Government to improve access to basic education, including: waiving the enrolment fees for basic education for primary and secondary education, in particular for children belonging to indigenous and minority groups; and introducing a pilot 11-year basic education system to improve access to education, as well as measures to improve equal access to universal education for boys and girls through legislative and policy measures.
The Committee notes the Government’s information that the Ministry of Education evaluated and concluded that the 11-year basic education programme will not be feasible and therefore focus will be made to implement an eight-year compulsory education programme (for the age group of 4–12 years). Moreover, proposals for secondary education (for the age group of 12–16 years) will be made by the end of 2016. The Committee notes from the UNESCO statistics that the net enrolment rate at the primary level increased from 83.8 per cent in 2013 to 91.4 per cent in 2014. However, the transition rate from primary to secondary level was 69.7 per cent and the net enrolment at the secondary level was 49.14 per cent in 2013. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve the functioning of the education system, in particular to increase the school enrolment, attendance and completion rates at the secondary level. The Committee also requests the Government to provide updated information concerning the implementation of the eight-year basic education system as well as the proposals for secondary education made by the Ministry of Education.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted that Suriname is a destination, source and transit country for child victims of trafficking and working as commercial sex workers. It noted the Government’s indication that there was no available information on specific services for child victims of human trafficking and prostitution although there are general services provided by the Ministry of Justice and Police to provide assistance to crime victims. The Committee therefore urged the Government to intensify its efforts to ensure that appropriate services are available for the child victims, including their rehabilitation and social integration.
The Committee notes the following information provided by the Government with regard to the measures taken by the Interdepartmental Working Group on Trafficking in Persons:
  • -a shelter for child victims of trafficking has been set up;
  • -an aggressive investigation and prosecution policy on criminal networks of child trafficking has been initiated;
  • -services and protection are provided to child victims of trafficking by the Police Department and by the Security Service Suriname and social workers of the Bureau Victim Care within the Ministry of Justice and Social Affairs;
  • -sensitization and training in recognizing victims of trafficking were provided to district commissioners, immigration officials, and labour inspectors.
The Committee notes, however, that the Human Rights Committee, in its concluding observations of 3 December 2015, expressed its concern at the difficulties of the victims of trafficking in receiving access to effective protection, shelter and reparation (CCPR/C/SUR/CO/3, paragraph 29). While noting the measures taken by the Government, the Committee requests the Government to strengthen its efforts to ensure that appropriate services are available for child victims of trafficking, including their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard as well as the number of child victims of trafficking who have been removed from this worst form of child labour and provided shelter and services, including through the Interdepartmental Working Group on Trafficking in Persons.
Application in practice. Following its previous comments, the Committee notes the Government’s indication that one of the components of the ILO–IPEC Country-Level Engagement and Assistance to Reduce Child Labour (CLEAR) project, to which Suriname is a participating country, is to conduct a National Child Labour Survey (NCLS). According to the Government’s report, this NCLS will be conducted by the Institute for Science and Research. The Committee expresses the firm hope that the National Child Labour Survey, which will also include a module on the worst forms of child labour, will be conducted in the near future and that its findings will be made available. The Committee requests the Government to provide information on any progress made in this regard.

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee recalls its previous comment which noted the significant geographical, gender and socio-economic disparities with regard to the achievement of universal primary education in the country.
The Committee notes the Government’s indication that, since October 2012, it has waived the enrolment fees for basic education for primary and secondary education for, in particular, children belonging to indigenous and minority groups. The Committee also notes the Government’s information to the Working Group on the Universal Periodic Review, pursuant to the UN Human Rights Council (A/HRC/18/12, paragraph 23) concerning a pilot 11-year basic education system to improve access to education, as well as its acceptance of the recommendations of the Working Group (paragraphs 72.24–72.30) to continue to improve equal access to universal education for boys and girls through legislative and policy measures.
The Committee notes, however, the results of the Final Report of the UNICEF Multiple Indicator Cluster Survey for Suriname (January 2013), according to which the comparative primary school attendance rate for the poorest households was the lowest among the sectors and only 79 per cent of all children who completed primary school advanced to attend secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to strengthen its efforts to continue to improve access to primary and secondary education, with particular attention given to ensuring equal access among geographical, gender and socio-economic groups. The Committee also requests the Government to provide updated information concerning the impact of those measures, including the results of its pilot 11 year basic education system.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted that Suriname is a destination, source and transit country for child victims of trafficking and working as commercial sex workers. The Committee accordingly requested the Government to take the necessary measures to ensure that child victims of trafficking and prostitution have access to appropriate services for their rehabilitation and social integration.
The Committee notes the Government’s indication that it has no available information on specific services for child victims of human trafficking and prostitution although there are general services provided by the Ministry of Justice and Police to provide assistance to crime victims. The Committee also notes the information provided in the combined third and fourth report on the Convention on the Rights of the Child of the Republic of Suriname, 2007–12 (page 60), noting the absence of victim identification and assistance mechanisms for child victims of trafficking and commercial sexual exploitation. The Committee expresses its concern regarding the absence of support for child victims of trafficking and prostitution and urges the Government to intensify its efforts to ensure that appropriate services are available for the child victims, including their rehabilitation and social integration. The Committee also requests the Government to provide information on effective and time-bound measures taken in this regard.
Application in practice. The Committee recalls its previous comments which had noted the Government’s indication that an analysis of existing data on child labour would be undertaken in 2012. The Committee notes, however, the Government’s latest indication that, owing to a lack of available information, it was decided instead to undertake an evaluation of the studies on child labour over the past ten years. The Government further identifies the lack of statistics as one of the practical difficulties in implementing the provisions of the Convention. Recalling the importance of assessing national policies and measures based on current trends and practices in the country, the Committee requests the Government to renew its efforts to gather recent information on the application of the Convention in current practice, including extracts from inspection reports, studies and inquiries and statistical data on the nature, extent and trends of the worst forms of child labour. The Committee invites the Government to consider technical assistance from the ILO in this regard.

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

Articles 3(d) and 6 of the Convention. Hazardous work and programmes of action to eliminate the worst forms of child labour. Work in the informal economy. The Committee recalls the Government’s indication, which it has been reiterating since the Government’s first report on the application of the Convention in 2008, that the National Commission on the Elimination of Child Labour (NCECL) will form a national plan of action to eliminate the worst forms of child labour. The Committee notes the Government’s latest statement that this national plan, once finalized, will include child labour in the informal sector. The Committee also notes the Government’s indication, provided in its 2013 report under the Labour Inspection Convention, 1947 (No. 81), that a revision of the Decree on Labour Inspection has been approved by the tripartite Labour Advisory Board.
While noting the Government’s ongoing efforts, the Committee notes the increasing prevalence of child labour in the informal sector, in particular the small-scale gold mining sector. The Committee draws the Government’s attention in this respect to paragraphs 550–552 of its 2012 General Survey on the fundamental Conventions which highlight various measures that can be taken to ensure the protection of children working in the informal economy from hazardous work including, for example, the possibility of assigning special powers to the labour inspectors with regard to children engaged in such economic activity. The Committee accordingly urges the Government to take concrete action to implement the NCECL’s national plan of action to eliminate the worst forms of child labour – which the Committee hopes will include child labour in the informal sector – and requests it to provide details in its next report on any progress achieved. The Committee also invites the Government, in the process of revising the Decree on Labour Inspection, to take into consideration the possibility of authorizing labour inspectors to inspect and supervise the working conditions of children working in the informal sector. Furthermore, noting the Government’s indication that a proposal to ratify the Minimum Age Convention, 1973 (No. 138), will be addressed by the NCECL in its second term, the Committee requests the Government to provide updated information on any decisions taken in this respect.
Article 4(1). Determination of hazardous work. In its previous comments, the Committee noted the Government’s information concerning the formulation by the Preparatory Working Group of the National Commission on Child Labour of a list of types of hazardous work prohibited to children under 18 years of age.
The Committee notes with satisfaction the adoption of the State Decree on Hazardous Labour for Young Persons (S.B. No. 175 of 2010). The Committee observes that the categories of hazardous work set out in the Decree include, among others, activities which involve a high probability of injury (for example, working with structures which may collapse, working near certain electrical installations, the operation of cranes or other motor-powered hoists); biological hazards (activities involving risk of exposure to sick animals, insects, poisonous plants, bacteria viruses, parasites and fungi); chemical hazards (working with chemically hazardous substances which may involve safety and health hazards such as, for example, toxic or carcinogenic substances); ergonomic hazards (activities in which the workplace, environment or other conditions are not compatible with the condition of young persons such as, for example, working for long periods of time in unfavourable working positions or the frequent lifting of carrying of heavy loads); physical hazards (activities which risk exposure to extreme temperatures, noise, vibration and radiation); psychosocial hazards (for example, animal slaughter, certain machine-related work, working in nightclubs). The Committee requests the Government to provide information on the application in practice of the State Decree on Hazardous Labour for Young Persons (S.B. No. 175 of 2010) including disaggregated statistics on the number and nature of violations reported, investigations and penalties imposed by virtue of the relevant provisions of the Labour Code.
The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 3 of the Convention. Clause (d). Hazardous work. Workers in the informal economy. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age who work in the informal sector are protected from performing hazardous work.
The Committee noted the Government’s statement that it will provide information in the future on the activities of the labour inspectorate with regard to children under 18 working in sectors not covered by the Labour Code to ensure that such children do not engage in hazardous work. The Government stated that such activities shall include direct measures, such as special programmes focusing on children under 18 years in the informal sector. The Government also stated that additional measures will be taken in this regard by the National Commission on the Elimination of Child Labour (NCECL). The Committee requests the Government to provide, with its next report, information on the activities of the labour inspectorate and the NCECL with respect to ensuring that children under 18 working in the informal economy are not engaged in hazardous work.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously requested the Government to take measures to ensure the formulation of the national plan of action to eliminate the worst forms of child labour.
The Committee noted the Government’s indication that the NCECL, now established, is responsible for, inter alia, formulating a national plan of action concerning the abolition of child labour. The Committee encourages the Government to pursue its efforts to formulate and implement a national plan of action on the elimination of child labour and its worst forms. It requests the Government to continue to provide information on progress made in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the information in the ILO Rapid assessment report of 2002 that child labour is closely related to lack of development, notably due to limited educational opportunities, particularly among children from minority groups. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of 18 June 2007 (CRC/C/SUR/CO/2, paragraph 59) expressed concern at the significantly low primary school attendance rates of children living in the interior of the country (particularly those belonging to indigenous and minority groups) and at the high number of children, especially boys, dropping out of school. The Committee also noted the implementation of the Basic Education Improvement Project (BEIP), focused on the improvement of the quality and internal efficiency of basic education.
The Committee noted the Government’s statement that the BEIP project is still in progress, and that initiatives carried out within this framework include capacity-building training programmes for teachers, awareness-raising activities in communities regarding the reforms of the current education system and the establishment of eleven years of basic education. The Committee also noted the information in UNESCO’s Education for All Global Monitoring Report of 2011 that the net enrolment for primary school in Suriname is 90 per cent, and that 6,000 children of primary school age were not in school.
However, the Committee noted the indication from the UN country team in Suriname in the compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review of the Human Rights Council of 21 February 2011, that there remains significant geographical, gender and socio-economic disparities with regard to the achievement of universal primary education. This report indicates that this particularly concerns boys and girls in the interior, especially in relation to access to, and availability of, quality education (at all levels), and drop-out and retention rates (A/HRC/WG.6/11/SUR/2, paragraph 43). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve access to free basic education to all children, especially those living in the interior areas and those belonging to indigenous and minority groups. It requests the Government to continue to provide information on the results achieved, particularly with regard to school drop-out rates and retention rates.
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 noted the information in the 2009 International Organization on Migration report entitled “An overview of counter-trafficking activities in Surname (2008)” that the NGO, Foundation Against Trafficking in Persons, provided care to identified victims of trafficking in Suriname, including children, but that the Foundation lacked financial resources. The Committee requested information on measures taken to ensure that efforts to provide support for child victims of trafficking occurred on a permanent basis and received adequate funding.
The Committee noted the Government’s statement that it will provide information on this issue in its next report. In this regard, the Committee noted the indication of the UN Country Team for Suriname in the compilation prepared by the OHCHR for the Universal Periodic Review of the Human Rights Council of 21 February 2011, that Suriname is a destination, source and transit country for children and women migrating, legally or irregularly, including human trafficking. This report indicates that women and girls from abroad are brought to casinos, “clubs” and the streets of Paramaribo to work as commercial sex workers (A/HRC/WG.6/11/SUR/2, paragraph 23). The Committee requests the Government to take the necessary measures to ensure that all child victims of human trafficking and prostitution have access to appropriate services for their rehabilitation and social integration. It requests the Government to provide, with its next report, information on the number of children who have benefited from such services.
Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee noted the Government’s statement the current data on the situation of child labour in the country is outdated, and that a desk analysis of existing household data from the Multiple Indicator Cluster Surveys of 2000, 2006 and 2010 will be undertaken in 2011, in order to produce an analytical report on the situation of child labour in Suriname. The Government stated that a follow-up will be undertaken in 2012. The Government indicated that this survey shall be funded by the Government with support from UNICEF. The Committee requests the Government to provide information from the survey on the situation of child labour in Suriname, with its next report, particularly related to the worst forms of child labour.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. Following its previous comments, the Committee noted with interest the Government’s statement that it is preparing draft legislation for accession to the Minimum Age Convention, 1973 (No. 138). The Committee encourages the Government to pursue its efforts in this regard, and to continue to provide information on progress made towards the ratification of Convention No. 138.
Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that the Preparatory Working Group of the National Commission on Child Labour had formulated the draft Decree containing a list of types of hazardous work prohibited to children under 18 years of age. The Committee requested the Government to take measures to ensure the adoption of the draft Decree.
The Committee noted the Government’s statement that the State Decree on Hazardous Labour for Young Persons has been adopted. The Government stated that this Decree contains a list of hazardous forms of work that are, or may be, hazardous for children and young persons. The Government stated that this list will be reviewed periodically. The Committee requests the Government to provide a copy of the State Decree on Hazardous Labour for Young Persons, with its next report.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3 of the Convention. Clause (d). Hazardous work. Workers in the informal economy. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age who work in the informal sector are protected from performing hazardous work.
The Committee notes the Government’s statement that it will provide information in the future on the activities of the labour inspectorate with regard to children under 18 working in sectors not covered by the Labour Code to ensure that such children do not engage in hazardous work. The Government states that such activities shall include direct measures, such as special programmes focusing on children under 18 years in the informal sector. The Government also states that additional measures will be taken in this regard by the National Commission on the Elimination of Child Labour (NCECL). The Committee requests the Government to provide, with its next report, information on the activities of the labour inspectorate and the NCECL with respect to ensuring that children under 18 working in the informal economy are not engaged in hazardous work.
Article 5. Monitoring mechanisms. National Commission on Elimination of Child Labour. The Committee previously noted that a decree had been drafted to establish NCECL. The Committee requested the Government to provide information on the NCECL’s functioning, once established.
The Committee notes that the State decree regarding the establishment of the NCECL was adopted in 2009. In this regard, it notes the Government’s indication that the NCECL will operate as an advisory mechanism, responsible for formulating policies concerning the abolition of child labour, initiating specific development programmes for children from indigenous and tribal communities, conducting surveys concerning the socio-economic situation of children engaged in child labour, advising the Minister of Labour regarding child labour issues and proposing amendments and revisions to legislation concerning child labour.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously requested the Government to take measures to ensure the formulation of the national plan of action to eliminate the worst forms of child labour.
The Committee notes the Government’s indication that the NCECL, now established, is responsible for, inter alia, formulating a national plan of action concerning the abolition of child labour. The Committee encourages the Government to pursue its efforts to formulate and implement a national plan of action on the elimination of child labour and its worst forms. It requests the Government to continue to provide information on progress made in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the information in the ILO Rapid assessment report of 2002 that child labour is closely related to lack of development, notably due to limited educational opportunities, particularly among children from minority groups. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of 18 June 2007 (CRC/C/SUR/CO/2, paragraph 59) expressed concern at the significantly low primary school attendance rates of children living in the interior of the country (particularly those belonging to indigenous and minority groups) and at the high number of children, especially boys, dropping out of school. The Committee also noted the implementation of the Basic Education Improvement Project (BEIP), focused on the improvement of the quality and internal efficiency of basic education.
The Committee notes the Government’s statement that the BEIP project is still in progress, and that initiatives carried out within this framework include capacity-building training programmes for teachers, awareness-raising activities in communities regarding the reforms of the current education system and the establishment of eleven years of basic education. The Committee also notes the information in UNESCO’s Education for All Global Monitoring Report of 2011 that the net enrolment for primary school in Suriname is 90 per cent, and that 6,000 children of primary school-age were not in school.
However, the Committee notes the indication from the UN country team in Suriname in the compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review of the Human Rights Council of 21 February 2011, that there remains significant geographical, gender and socio-economic disparities with regard to the achievement of universal primary education. This report indicates that this particularly concerns boys and girls in the interior, especially in relation to access to, and availability of, quality education (at all levels), and drop-out and retention rates (A/HRC/WG.6/11/SUR/2, paragraph 43). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve access to free basic education to all children, especially those living in the interior areas and those belonging to indigenous and minority groups. It requests the Government to continue to provide information on the results achieved, particularly with regard to school drop-out rates and retention rates.
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 noted the information in the 2009 International Organization on Migration report entitled “An overview of counter-trafficking activities in Surname (2008)” that the NGO, Foundation Against Trafficking in Persons, provided care to identified victims of trafficking in Suriname, including children, but that the Foundation lacked financial resources. The Committee requested information on measures taken to ensure that efforts to provide support for child victims of trafficking occurred on a permanent basis and received adequate funding.
The Committee notes the Government’s statement that it will provide information on this issue in its next report. In this regard, the Committee notes the indication of the UN Country Team for Suriname in the compilation prepared by the OHCHR for the Universal Periodic Review of the Human Rights Council of 21 February 2011, that Suriname is a destination, source and transit country for children and women migrating, legally or irregularly, including human trafficking. This report indicates that women and girls from abroad are brought to casinos, “clubs” and the streets of Paramaribo to work as commercial sex workers (A/HRC/WG.6/11/SUR/2, paragraph 23). The Committee requests the Government to take the necessary measures to ensure that all child victims of human trafficking and prostitution have access to appropriate services for their rehabilitation and social integration. It requests the Government to provide, with its next report, information on the number of children who have benefited from such services.
Article 8. International cooperation and assistance. Following its previous comments, the Committee notes the Government’s statement that the Foundation Tourism Suriname has attended meetings of the regional forum on the Elimination of Commercial Sexual Exploitation of Children in Tourism. The Committee also notes the information in the Government’s report to the Human Rights Council in connection with the Universal Periodic Review of 16 February 2011 that, on the subject of trafficking, the Surinamese police cooperates with counterparts in Guyana, Trinidad and Tobago and the Dominican Republic. The Government also indicates in this report that, justice officials sought improved mechanisms for cooperation with Colombia and French Guyana with regard to trafficking (A/HRC/WG.6/11/SUR/1, paragraph 102).
Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement the current data on the situation of child labour in the country is outdated, and that a desk analysis of existing household data from the Multiple Indicator Cluster Surveys of 2000, 2006 and 2010 will be undertaken in 2011, in order to produce an analytical report on the situation of child labour in Suriname. The Government states that a follow-up will be undertaken in 2012. The Government indicates that this survey shall be funded by the Government with support from UNICEF. The Committee requests the Government to provide information from the survey on the situation of child labour in Suriname, with its next report, particularly related to the worst forms of child labour.

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

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. Following its previous comments, Committee notes with interest the Government’s statement that it is preparing draft legislation for accession to the Minimum Age Convention, 1973 (No. 138). The Committee encourages the Government to pursue its efforts in this regard, and to continue to provide information on progress made towards the ratification of Convention No. 138.
Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted the Government’s indication that Title XIV of the Criminal Code concerning sexual offences was amended in July 2009, and it requested a copy of the Code, as amended.
In this regard, the Committee with notes satisfaction that Act No. 122 of 29 July 2009, relating to further amendments to the Criminal Code on sexual offences, amends the Criminal Code to prohibit committing an immoral act with a person under 18 in exchange for payment (pursuant to sections 300 and 303a). The Committee further notes that section 303 of the amended Criminal Code prohibits inducing a person under 18 to commit immoral acts by, inter alia, the promising of money or property. In addition, the Committee notes that section 293 of the amended Criminal Code states that it is an offence to produce, distribute, exhibit, import, export, or possess images of sexual acts by persons under 18.
Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that the Preparatory Working Group of the National Commission on Child Labour had formulated the draft Decree containing a list of types of hazardous work prohibited to children under 18 years of age. The Committee requested the Government to take measures to ensure the adoption of the draft Decree.
The Committee notes the Government’s statement that the State Decree on Hazardous Labour for Young Persons has been adopted. The Government states that this Decree contains a list of hazardous forms of work that are, or may be, hazardous for children and young persons. The Government states that this list will be reviewed periodically. The Committee requests the Government to provide a copy of the State Decree on Hazardous Labour for Young Persons, with its next report.
The Committee is raising other points in a request addressed directly to the Government.

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

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee previously noted the Government’s indication that it intends to adopt a national policy aimed at ensuring the effective abolition of the worst forms of child labour. It also noted the Government’s indication that the child labour provisions of the Labour Code are being reviewed so as to bring them into conformity with the provisions of the Convention.

The Committee notes the Government’s statement that it still intends to revise the Labour Code in order to implement the Convention. The Committee notes that in 2008 the Ministry of Labour, Technological Development and Environment (MoLTDE) established a commission which included external specialists to review and modernize legislation with regard to labour conditions. The Committee also notes the information in the Government’s report that the provisions related to the employment of children and young persons are under review and will be reorganized in line with the Convention. The Committee further notes that the abovementioned commission has concluded its discussion and is now in the process of drafting a new Labour Code. The Committee notes the Government’s indication that it is awaiting the appointment of members of the National Commission on the Elimination of Child Labour (NCECL) to formulate a national policy with the active involvement of all relevant stakeholders. The Committee requests the Government to provide information on any progress made in the review of the Labour Code. The Committee also urges the Government to take the necessary steps to ensure the appointment of members of the NCECL, so that the formulation of a national policy on the effective abolition of the worst forms of child labour may begin.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted the Government’s information that as part of the Government’s measures to combat trafficking in persons, sections 284 and 307 of the Penal Code were amended. It requested a copy of these sections of the Penal Code. The Committee notes with interest that section 307 of the Penal Code prohibits human trafficking for the purpose of sexual and labour exploitation. The Committee also notes that section 284 of the Penal Code prohibits the forging or counterfeiting of travel documents or security orders, in addition to prohibiting asking that such a document be issued in a false name with the intention to make use of such documents or for others to make use of.

2. Slavery, bondage, serfdom and forced and compulsory labour. The Committee previously noted that by virtue of section 15 of the Constitution, no one shall be obliged to do forced or compulsory labour. It also noted the Government’s indication that section 20 of the Labour Code and
sections 1344–1348 of the Civil Code contained provisions relevant to the prohibition of forced labour, and requested copies of these provisions. The Committee notes the extracts of the Labour Code and the Civil Code, supplied with the Government’s report. The Committee notes that pursuant to section 1344 of the Civil Code, a contract formed through the use of violence is void. The Committee also notes that pursuant to section 20a(1) of the Labour Code, it is prohibited to make an employee perform labour through the use of threats of violence, the threat of punishment, or through any other form of coercion.

3. Compulsory recruitment of a child for use in armed conflict. The Committee previously requested the Government to indicate the minimum age for recruitment into the armed forces. It also requested the Government to provide a copy of the legislation governing the age of recruitment into the armed forces. The Committee notes with interest that, pursuant to section 11.2 of the Legal Status of Military Personnel Act, appointment to the military is only possible for persons who have attained the age of 18, and that pursuant to section 9.1(b) of this Act, an employment contract with the military can only be concluded with persons who have attained the age of 18.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously observed that sections 306 and 307 of the Penal Code concerning immoral acts and inducing a minor to perform sexual acts did not appear to cover the use of a child for the purpose of prostitution. The Committee noted the Government’s indication that it was preparing amendments to the Penal Code, and requested the Government to provide information on progress made in this regard. It also requested the Government to provide information on the prohibition of the use, procuring or offering of a person under 18 for the production of pornography or for pornographic performances. It further requested the Government to clarify the meaning of the term “immoral acts” contained in the Penal Code.

The Committee notes the information in the Government’s report that Title XIV of the Penal Code concerning sexual offences was amended in July 2009. The Committee notes the Government’s statement that section 300 of the Penal Code was amended to prohibit committing immoral acts with a person under the age of 16 years. The Committee also notes the Government’s indication that section 303a of the Penal Code prohibits committing an immoral act with a person between the ages of 16 and 18 in exchange for payment. The Committee further notes the information in the Government’s report that section 303 of the amended Penal Code prohibits inducing a person under 18 to commit immoral acts by, inter alia, the promising of money or property. Section 305, paragraph 1.2, of the Penal Code prohibits causing or permitting a person under 18 to engage in immoral acts. In addition, the Committee notes that section 253 of the Penal Code states that it is an offence to produce, distribute, exhibit, import, export, or possess images of sexual acts by persons under 18.

The Committee notes the Government’s statement that there is no definition of the term “immoral acts” in the Penal Code, but that this term is interpreted in a broad manner to include sexual penetration, sexual molestation, sexual assault, in addition to acts of a sexual nature which are sexually offensive, including the production of pornographic material. The Committee requests the Government to provide a copy of Title XIV of the Penal Code related to sexual offences, as amended in 2009.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the information in the Government’s report that the Narcotics Act prohibits compelling another person to commit an offence involving narcotics, and requested the Government to supply a copy of the relevant provisions. The Committee notes the extracts of the Narcotics Act 1998 supplied with the Government’s report. The Committee notes that pursuant to sections 3 and 4 of the Narcotics Act, it is prohibited to prepare, handle, produce, process, sell, deliver, posses or transport narcotics. The Committee also notes that pursuant to section 12 of the Narcotics Act, it is prohibited to compel another person, motivate another person, help another person, or provide another person with the opportunity to commit one of the acts contained in sections 3 and 4 of the Act.

Clause (d). Hazardous work. Workers in the informal sector. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age who work in the informal sector are protected from performing hazardous work. The Committee notes that pursuant to section 17(1) of the Labour Code, it is forbidden for children to work, with or without remuneration. Section 17(2) provides exceptions to this prohibition: pursuant to section 17(2)(a), work within the family, in schools, workshops, day care institutions or correctional facilities, where the activities are of an educational nature (and not primarily for the purpose of earning money) are permitted, and pursuant to section 17(2)(b), work in agriculture, horticulture and animal husbandry within a family enterprise is permitted, provided that this work does not occur in a factory or with machines powered by more than two horsepower. The Committee also notes that section 20(1) of the Labour Code prohibits employing a young person in night work or work that is deemed likely to harm their health, safety and morals. The Committee observes that the provisions of the Labour Code supplied by the Government do not contain the definition for the terms “young person” or “child”.

The Committee notes the information in the Government’s report that it has yet to take direct measures, such as special programmes, focused on children under 18 years who work in the informal sector. The Committee also notes the Government’s indication that when the draft state Decree on hazardous labour (draft Decree) is enacted, the labour inspectorate will supervise its implementation. The Committee further notes the Government’s statement that further measures will be taken by the NCECL, when it is appointed. The Committee requests the Government to provide a copy of the provisions in the Labour Code which define the terms “young person” and “child” in this legislation. The Committee also requests the Government to provide information on the activities of the labour inspectorate, and the National Commission on the Elimination of Child Labour (NCECL) (once established), with respect to ensuring that children under 18 who work in sectors not covered by the protection of the Labour Code, do not engage in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee previously noted the Government’s information that Sub-commission III of the Preparatory Working Group of the National Commission on Child Labour (PWGNCCL) recommended and formulated the draft Decree containing a list of types of hazardous work prohibited to children. The Committee requested the Government to indicate whether the prohibition on hazardous work included all children less than 18 years of age. The Committee notes that the draft Decree has not yet been adopted. The Committee also notes the Government’s indication that pursuant to section 1(2) of the draft Decree, the types of hazardous work described therein are prohibited to persons under the age of 18. The Committee requests the Government to take the necessary measures to ensure that the draft state Decree on hazardous labour is adopted in the near future, and also requests it to provide a copy of this Decree once it is adopted.

Article 5. Monitoring mechanism. National Commission on Elimination of Child Labour. In its previous comments, the Committee noted that the PWGCCL had drafted a state Decree establishing the NCECL, and that this Decree entrusted the NCECL with a variety of tasks, including the monitoring of the observance of international commitments due to the ratification of international standards on child labour in general, and the worst forms of child labour in particular. The Committee requested the Government to provide information on progress made towards the adoption of the state Decree on the NCECL and to provide information on the NCECL’s functioning once established. The Committee notes the Government’s statement that the relevant documents to establish the NCECL have been approved by the competent authorities, though these documents have not yet been published. The Committee also notes the Government’s statement that the process to appoint members has already begun, and that the MoLTDE will officially appoint members following this publication. Furthermore, with reference to its observation made in 2008 under the Labour Inspection Convention, 1947 (No. 81), the Committee notes that the labour inspectorate will be represented on the NCECL. The Committee requests the Government to provide information on the NCECL’s functioning, once established, with specific reference to its role and mandate in monitoring the application of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that, following the establishment of the NCECL, a national plan of action would be formulated. The Committee notes the Government’s indication that, since the NCECL has yet to be officially appointed, no progress has been made with respect to the formulation and adoption of a national plan of action. The Committee requests the Government to take the necessary measures to ensure that the formulation of the national action plan commences in the near future. The Committee also requests the Government to provide information on the concrete measures taken against the worst forms of child labour pursuant to the national plan of action once it is adopted, and the results achieved.

Article 7, paragraph 1. Penalties. Following its previous comments, the Committee notes that pursuant to section 307 of the Penal Code, the offence of human trafficking is punishable with a penalty of up to eight years imprisonment and a fine of 500,000 Surinamese dollars (SRD) (approximately US$184,176). The Committee also notes that section 307(2)(b) of the Penal Code provides for a harsher penalty if the victim of the trafficking is under the age of 16 (a prison sentence up to ten years and a fine of up to SRD600,000 (approximately US$221,011)). The Committee further notes that pursuant to section 12 of the Narcotics Act, compelling another person to contravene the Narcotics Act is punishable with a maximum of 11 years’ imprisonment and a fine of maximum 10 million guilders. In addition, the Committee notes the Government’s statement that the enforcement of the Penal Code is efficient due to the close collaboration between the police and the public prosecutors.

The Committee notes that section 29(1) of the Labour Code specifies that the non-observance or incomplete observance of the provisions in the Labour Code will be punished by a prison term of maximum three months and a fine of 500 guilders. The Committee also notes that section 30 of the Labour Code, in the case of a contravention committed by a legal person, allows the prosecution of the individuals responsible for the enterprise. The Committee notes the Government’s statement that an obstacle to the efficient enforcement of the Labour Code is the lack of a close relationship between the public prosecution and the labour inspectorate. The Committee requests the Government to provide information on the penalties in the Penal Code on the use, procuring, or offering of a minor for the purpose of prostitution, the production of pornography or of a pornographic performance. The Committee also requests the Government to provide information on any measures, taken or envisaged, to facilitate increased cooperation between the labour inspectorate and the public prosecutors, to ensure the effective application of the penalties in the Labour Code.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee previously noted that according to the ILO Rapid assessment report of 2002, child labour is closely related to lack of development, notably due to limited educational opportunities, particularly among children from minority groups. The Committee also noted that in its concluding observations of 18 June 2007, the Committee on the Rights of the Child (CRC/C/SUR/CO/2, paragraph 59) expressed its concern at the significantly low primary school attendance rates of children living in the interior of the country, especially those belonging to indigenous and minority groups. It also expressed concern at the high number of children, especially boys, dropping out of schools.

The Committee notes the Government’s statement that the NCECL will advise the Minister of Labour on the socio-economic reintegration of children involved in child labour, and that education will be an important part of this process. The Committee also notes the Government’s information that the Ministry of Education is represented in the NCECL, and that the NCECL will initiate measures to increase school enrolment rates and reduce school drop-out rates, especially of boys. The Committee further notes that the NCECL is responsible for initiating specific development programmes for children of indigenous and tribal peoples. In addition, the Committee notes the implementation of the Basic Education Improvement Project, funded by the Inter‑American Development Bank. The Basic Education Improvement Project, approved in 2004, focuses on the improvement of the quality and internal efficiency of basic education by means of updating the educational contents and processes, providing inputs to schools and supporting institutional reforms to strengthen the Ministry of Education. Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures as a matter of urgency to improve access to free basic education to all children, especially those living in the interior areas and those belonging to indigenous and minority groups. It also requests the Government to provide information on the results achieved, including the impact of the Basic Education Improvement Project.

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 notes the information in the 2009 International Organization on Migration report entitled “An Overview of Counter-Trafficking Activities in Surname (2008)” (IOM Counter-Trafficking Report) that the NGO the Foundation Against Trafficking in Persons (FATP) is responsible for providing care to identified victims of trafficking in Suriname. The Committee notes that the FATP is comprised of local NGOs, and that it provides shelter services for victims of trafficking, including child victims. The IOM Counter-Trafficking Report also indicates that due to the voluntary nature of the FATP and its activities, it currently lacks a central office from which to operate. The IOM Counter‑Trafficking Report indicated that the Foundation lacks financial resources, though it is funded by the IOM’s Global Fund to Assist Victims of Trafficking. The Committee requests the Government to provide details on any measures taken to ensure that efforts to provide support for child victims of trafficking occur on a permanent basis and receive adequate funding. The Committee also requests the Government to provide information on the number of children who have been removed, reintegrated and rehabilitated through the services of the Foundation against Trafficking in Persons.

Article 8. International cooperation and assistance. 1. Extra-territorial application of penal sanctions. The Committee notes that pursuant to the 2009 amendments to the Penal Code, the crimes mentioned under Title XIV concerning sexual offences are punishable in Suriname even if committed outside the country with persons under the age of 18 years.

2. Joint Group for the Elimination of Commercial Sexual Exploitation of Children in Tourism (Joint Group on CSECT). The Committee notes that according to a 2008 report on findings on the worst forms of child labour in Suriname, available on the United Nations High Commissioner for Refugees’ web site (www.unhcr.org), the Surinamese Ministry of Transport, Communication and Tourism is part of the Joint Group on CSECT, which conducts awareness-raising campaigns to combat the commercial exploitation of children in Latin America. The Committee notes that this working group was created in 2005 and also includes the Ministries of Tourism of Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and the Bolivarian Republic of Venezuela. The Committee requests the Government to provide information on the activities of the Ministry of Transport, Communication and Tourism, within the Joint Group for the Elimination of Commercial Sexual Exploitation.

Part V of the report form. Application of the Convention in practice. Noting the Government’s statement that the NCECL will initiate measures to gather and compile information, including studies and statistical data on the nature and extent and trends of the worst forms of child labour, the Committee requests the Government to provide this information in its next report.

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

The Committee notes the Government’s first report.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s information that it intends to adopt a national policy aimed at ensuring the effective abolition of the worst forms of child labour. It also notes the Government’s indication that the child labour provisions of the Labour Code are being reviewed so as to bring them into conformity with the provisions of this Convention. The Committee requests the Government to provide information on any progress made in reviewing the provisions of the Labour Code related to the employment of children and young persons. It also requests the Government to provide information on the national policy envisaged for the effective abolition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s information that, as part of the Government’s measures to combat trafficking in persons, sections 284 and 307 of the Penal Code, which deal with the production and use of false documents for travel and trafficking in women, respectively, were amended. Accordingly, section 307 of the Penal Code which was earlier limited to trafficking in women and children now provides for penalties for the offences related to the trafficking in persons for sexual and labour exploitation. It also notes the Government’s statement that the definition of trafficking in persons has been brought in line with the international definition laid down in the Protocol to Prevent, Suppress and Punish Trafficking in Persons. As per the amendment made to section 284 of the Penal Code, punishment for the offence of forging a travel pass or security order or causing such document to be issued in a false name with the intention to make use of such documents or let others make use of it has been increased from two years of imprisonment to a maximum of four years’ imprisonment. The Government states that for trafficking in persons, including children, often false documents were used and increasing the prison sentence makes it possible to hold the perpetrator in custody. Thus, according to the Government, this amendment will further the elimination of trafficking, including trafficking in children. The Committee requests the Government to provide a copy of sections 284 and 307 of the Penal Code, as amended.

2. Slavery, bondage, serfdom and forced and compulsory labour. The Committee notes that, by virtue of article 15 of the Constitution, no one shall be obliged to do forced or compulsory labour. It also notes the Government’s information that according to section 20(a) of the Labour Code no employee can be forced or threatened to work. The Government further states that, according to the provisions in contracts in general and in the Civil Code, labour contracts extracted under force are voidable (sections 1344–1348). The Committee requests the Government to provide a copy of section 20(a) of the Labour Code and sections 1344–1348 of the Civil Code.

3. Compulsory recruitment of a child for use in armed conflict. The Committee notes that, according to article 180 of the Constitution, military service or unarmed military service or civilian service is obligatory. It notes the information provided by the Government in its Initial Reports to the Committee on the Right of the Child (CRC/C/28/Add.11 of 23 September 1998, paragraph 19) that the Compulsory Military Service Act, which makes it obligatory for persons who have reached the age of 18 years to perform military service, has been repealed and hence military service is no longer compulsory. The Committee requests the Government to indicate the minimum age for recruitment into the armed forces. It also requests the Government to provide a copy of the legislation governing the age of recruitment into the armed forces.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s information that, according to section 306 of the Penal Code, persons who knowingly enable or promote immoral acts by other persons are liable to punishment. The Government report further states that inducing a minor to perform sexual acts is punishable under section 307, as amended. It observes that these provisions do not cover the use of a child for the purposes of prostitution. It also notes that the Government has not provided any information on the provisions prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution or for the production of pornography or for pornographic performances is considered as one of the worst forms of child labour. It notes, however, the Government’s indication that it is preparing for further amendments to the Penal Code. The Committee hopes that the Penal Code will be amended as soon as possible to prohibit the use, procuring or offering of children under the age of 18 years for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on progress made in this regard. Finally, it requests the Government to provide a definition of the term “immoral acts” as used in section 306 of the Penal Code.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that, according to sections 3 and 4 of the Narcotics Act, it is prohibited to prepare, handle, process, sell, deliver, or transport narcotic drugs. It further notes the Government’s information that section 12 of the Narcotics Act makes it an offence to compel or motivate others to commit a criminal offence. The Committee requests the Government to provide a copy of sections 3, 4 and 22 of the Narcotics Act along with its next report.

Clause (d). Hazardous work. Workers in the informal sector. The Committee notes the Government’s statement that, by virtue of section 20 of the Labour Code, it is prohibited to employ young people (persons who have attained 14 years of age but younger than 18 years) in night shifts or in hazardous work which affects their health, safety or morals. The Committee notes, however, the information provided by the Government that according to section 17(2) of the Labour Code, children working in family undertakings, in agriculture, horticulture and animal husbandry do not benefit from the protection laid down in the Labour Code. The Committee requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age who work in the informal sector are protected from performing work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety and morals. It also requests the Government to provide a copy of sections 17 and 20 of the Labour Code.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that Sub-commission III of the Preparatory Working Group of the National Commission on Child Labour (PWGNCCL) recommended and formulated the draft State Decree on Hazardous Labour containing a list of types of hazardous work prohibited to children. This draft list contains ten categories of hazardous labour. Six categories are related to the nature of work such as accidental, biological, chemical, ergonomic, physical and psychosocial risks. Four categories are related to circumstances, such as non‑adherence to security measures, unsafe working environment, climatological circumstances and night work. It also notes the Government’s information that this draft Decree was prepared in consultation with several ministries, the Trade and Industry Association and the Confederation of Trade Unions in Suriname. The Committee notes that this decree has not yet been adopted. The Committee requests the Government to indicate whether the types of hazardous work contained in the draft State Decree on Hazardous Labour are prohibited to children under 18 years. It hopes that the State Decree on Hazardous Work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted.

Article 5. Monitoring mechanism. National Commission on Elimination of Child Labour. The Committee notes that according to the Government’s report the monitoring tasks of the Convention will be executed by the National Commission on the Elimination of Child Labour (NCECL) under the Ministry of Labour. It also notes the Government’s information that the PWNCCL in consultation with the social partners has drafted the State Decree by which the NCECL will be established, which is currently in the process of being adopted. The Government further states that according to the draft Decree, the NCECL will be entrusted with fulfilling the following tasks:

(a)   recommend the formulation of policy towards the elimination of child labour;

(b)   formulate a national plan of action on the elimination of child labour;

(c)   coordinate and monitor the implementation of the national plan of action;

(d)   initiate specific development programmes of children for indigenous and tribal people;

(e)   initiate research on the socio-economic situation of children who perform child labour;

(f)    recommend and advise the Minister of Labour and other relevant actors on issues regarding the elimination of child labour;

(g)   advise the Minister of Labour on the socio-economic reintegration of children involved in the labour;

(h)   monitor the observance of international commitments due to ratification of international standards on child labour in general and the worst forms of child labour in particular; and

(i)    recommend amendments to legislation on child labour in general and the worst forms of child labour in particular.

The Committee requests the Government to provide information on the progress towards the adoption of the State decree on the National Commission on Elimination of Child Labour and on the NCECL’s functioning with specific reference to its role and mandate in monitoring the application of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that, since the NCECL has not been formally installed yet, no targeted programme of action has been executed to eliminate as a priority the worst forms of child labour. However, after the establishment of the NCECL, a national plan of action will be formulated. It will be coordinated and monitored by the NCECL. The national plan of action will put special emphasis on the situation of children in indigenous and tribal communities. The Committee requests the Government to provide information on the concrete measures taken against the worst forms of child labour pursuant to the adoption of the national plan of action, and the results achieved following its implementation.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s information on the penalties provided under the Penal Code for the offences related to trafficking in persons and inducing a minor to perform sexual acts (section 307 as amended), promoting immoral acts by persons (section 306), and compelling or involving others to commit a criminal offence (section 12 of the Narcotics Act). It also notes the Government’s indication that, according to sections 29 and 30A of the Labour Code, non-observance of the provisions of the Labour Code shall lead to penalties of fines or imprisonment. The Committee requests the Government to provide information on the sanctions applied in practice in cases of violations of the provisions giving effect to Article 3(a)–(c) of the Convention, as well as of the provisions on the employment of young persons in hazardous work. It also requests the Government to provide a copy of sections 29 and 30A of the Labour Code.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s statement that so far no specific measures are taken with regard to clauses (a)–(e) of paragraph 2 of Article 7. However, it notes the Government’s indication that the following points, which are included in the State Decree with regard to the tasks of the NCECL, will be taken into consideration when the NCECL starts functioning: (a) preventive measures and assistance with regard to the removal of children from the worst forms of child labour and their rehabilitation and socio-economic integration; (b) identification of specific risk groups, including children in indigenous and tribal communities, shall be carried out during the research on the socio-economic situation of children involved in child labour; (c) the girl child, though, not mentioned in the draft, her vulnerable situation is mentioned in the explanatory note of the draft State Decree with regard to the task of the NCECL. The Committee requests the Government to provide information on the effective and time-bound measures taken by the NCECL with a view to: (a) preventing children from being victims of the worst forms of child labour; and (b) providing the necessary and appropriate direct assistance for the removal of child victims from such worst forms of child labour. It also requests the Government to provide information on the results achieved.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee notes that, according to the Rapid assessment Report of 2002, initiated by the ILO Subregional Office for the Caribbean, entitled “The Situation of Children in Mining, Agriculture and Other Worst Forms of Child Labour” (Rapid Assessment Report of 2002, page 106), child labour is closely related to lack of development, notably due to limited educational opportunities which is highly correlated with the ethnic factor. The research indicated that districts such as Brokopondo, Sipaliwini and Marowijne, with a high ratio of Maroons, provided the least educational opportunities to its young citizens. The Ministry of Education, in its report of July 2001 indicated that in these three districts 60 per cent (Brokopondo), 62 per cent (Marowijne) and 71 per cent (Sipaliwini) of the children did not finish elementary school within a reasonable time period. The Committee further notes that, in its concluding observations of 18 June 2007, the Committee on the Rights of the Child (CRC/C/SUR/CO/2, paragraph 59) expressed its concern at the significantly low primary school attendance rates of children living in the interior of the country, especially those belonging to indigenous and minority groups. It also expressed concern at the high number of children, especially boys, dropping out of schools. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take measures as a matter of urgency to improve access to free basic education to all children, especially those living in the interior areas and those belonging to the indigenous and minority groups. It also requests the Government to take effective and time-bound measures to increase school enrolment rates and reduce school drop-out rates of children, particularly of boys. Finally, it requests the Government to provide information on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that measures are being taken to implement the Convention on a permanent basis through the activities of the NCECL. It also notes the Government’s reference to the Rapid Assessment Report of 2002 which indicated that about 300 children were involved in hazardous labour with 94 per cent of them being boys spread out over different sectors and geographic locations. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from inspection reports, studies and inquiries and statistical data on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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