Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that section 4 of the Act on conscription and military recruitment provides that the military age is the period between 18 and 50 years during which Venezuelan nationals have military obligations. It also notes that section 71 of this Act provides that pre-military instruction is compulsory for students in the last two years of secondary education and their equivalent in educational groups, whether official or private. Accordingly, as the age of completion of schooling is 14 years for primary school and 17 years for secondary school (the Government’s second periodic report to the Committee on the Rights of the Child in December 2006, CRC/C/VEN/2, paragraph 86), students who are subject to pre‑military instruction are aged between 15 and 17 years. The Committee requests the Government to provide information on pre-military instruction with an indication of whether, in the context of such instruction, these students may be required or permitted to participate in armed conflict.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes the information provided by the Government according to which the National Institute for Prevention and Occupational Safety and Health (INPSASEL) has completed a study on the classification of hazardous types of work for children and young persons and that a multidisciplinary team will carry out additional analyses with a view to establishing, on a scientific basis and through experimentation, what really has to be understood by hazardous work. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that in identifying hazardous types of work, consideration should be given, among other things, to the types of work enumerated in the Recommendation. It trusts that when determining these types of work, the Government will take into consideration the activities enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide the list of hazardous types of work when it has been determined. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations for the determination of these types of work.

Article 5. Monitoring mechanism. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including through the provision of extracts from reports and documents.

Article 6. Programmes of action. 1. ILO/IPEC projects. The Committee notes that, according to the information available to the Office, the Bolivarian Republic of Venezuela is collaborating with ILO/IPEC and has implemented projects to eliminate child labour, including its worst forms. In this respect, it notes the programme for the strengthening of the trade union organizations for the prevention and elimination of the worst forms of child labour. The Committee requests the Government to provide information on the results achieved in the context of the implementation of ILO/IPEC projects in terms of the elimination of the worst forms of child labour.

2. Programme for the protection of girls, boys and young persons who work. The Committee notes the information provided by the Government according to which it has implemented a programme for the protection of boys, girls and young persons who work (PRONAT) so as to improve the protection of their health and personal and social development. This programme targets working children and young persons in the formal and informal sectors and, with a view to guaranteeing their rights in full, envisages the adoption of various policies and plans of action. The Committee requests the Government to provide information on the policies and plans of action for the elimination of the worst forms of child labour adopted in the context of the implementation of the PRONAT and the results achieved. It also requests the Government to provide a copy of the PRONAT.

Article 7, paragraph 1. Sanctions. In its second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraph 187), the Government indicates that child pornography is a serious and complex problem facing the country. The Committee notes that section 237 of the Basic Act on the protection of children and young persons of 1998 provides that any person who produces or directs a theatrical, television or cinematographic performance involving a child or young person in a pornographic scene shall be punished by a fine equivalent to between ten and 50 months’ income. The Committee notes that section 24 of the Special Act on information technology crimes penalizes the use of a child or young person for the purposes of exhibition or pornography. It further notes that under section 14 of the Basic Act to combat organized crime any person who exploits the pornography industry or trade to reproduce obscene or offensive materials with a view to divulging them to the general public shall be liable to a sentence of imprisonment of between two and six years. The Committee requests the Government to provide information on the effect given to these provisions in practice, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and the penal sanctions applied.

Article 7, paragraph 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 notes that, according to UNESCO data, 92 per cent of girls and 91 per cent of boys attend primary school, compared with only 67 per cent of girls and 59 per cent of boys for secondary school. It notes that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraphs 66 and 67), the Committee on the Rights of the Child welcomes the fact that children’s education is a top priority of the Government and that progress has been achieved, particularly with regard to enrolment rates and school attendance by disadvantaged children. However, the Committee on the Rights of the Child expressed concern at the low enrolment rates of indigenous and Afro-Venezuelan children, and children living in rural areas, as well as the high drop-out rate.

The Committee notes that, according to UNICEF information, the implementation of social programmes (known as misiones) has become a Government priority, particularly in the field of education. It also notes that UNICEF is supporting local and national initiatives in the field of pre-school education and intercultural and bilingual education for indigenous populations. Despite the Government’s efforts, the Committee of Experts is concerned at the low school attendance rates at 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 redouble its efforts to improve the operation of the education system, particularly by improving the school enrolment rate and reducing the drop-out rate, with a special reference to the children of indigenous peoples, Afro-Venezuelan children and children in rural areas. It requests the Government to provide information on the results achieved.

Clause (d). Children at special risk. 1. Street children. The Committee notes that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), street children are one of the most serious problems in the country. There are reported to be over 9,000 children engaged in begging in the country. According to the Government, this figure is an estimate as no study has been conducted covering all urban centres, capitals and cities. The Committee notes that a pilot plan of action for full support for street children and young persons has been adopted and implemented in the municipality of Libertador. It further notes that, in the context of this plan, over 28 street educators have been trained, contacts have been established with street girls, boys and young persons and measures have been taken to assist a number of them. Moreover, steps have been taken for the construction of infrastructure for street children. In its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 72 and 73), the Committee on the Rights of the Child expressed concern at the inadequate living conditions of these children. The Committee on the Rights of the Child recommended the Government to extend the pilot plan of action throughout the country to prevent and address the problems of these children.

The Committee expresses concern at the situation of street children and reminds the Government that they are particularly exposed to the worst forms of child labour. It encourages the Government to redouble its efforts to protect street children from these forms of child labour. The Committee requests the Government to provide information on the measures adopted in this respect in the context of the implementation of the pilot plan of action, and on the measures adopted for the rehabilitation and social integration of these children.

2. Indigenous and Afro-Venezuelan children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), while noting the establishment of a new ministry to deal with indigenous issues, expressed concern that, despite the efforts made by the Government, the situation has not improved sufficiently in the area of the protection of indigenous peoples. It also expressed concern that girls are at higher risk of sexual exploitation and that they tend not to report complaints. The Committee on the Rights of the Child also noted that there are discriminatory practices against Afro-Venezuelans. It recommended the Government to strengthen its efforts to improve living conditions in the areas inhabited by indigenous peoples and to take measures to respond to the problems of Afro-Venezuelan persons. Noting that children of indigenous peoples or belonging to minorities, such as Afro-Venezuelans, are often victims of exploitation, which takes on very diverse forms, and that they are a population at risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children, particularly through the adoption of measures to reduce their vulnerability. It requests the Government to provide information in this respect.