Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.