Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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 previously noted 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 noted 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. It noted that students who are subject to pre-military instruction are aged between 15 and 17 years. The Committee requested 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.

The Committee notes the Government’s information that, by virtue of article 134 of the Constitution, compulsory recruitment in the armed forces is not allowed in the Bolivarian Republic of Venezuela. It notes that, according to information available at the Office, a new military education law was being debated in 2007. According to this bill, secondary-education students in all institutions would be required to follow a diversified secondary and military professional educational programme for 18 months, offering academic, scientific, technical and military courses. Pre-military instruction in secondary schools would continue under the authority of the Ministry of Popular Power for Defence. Noting the absence of information on this point, the Committee requests the Government to indicate whether, according to the legislation in force and to the pending bill referred to above, pre-military instruction students between 15 and 17 years of age may be required to participate in armed conflict.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s information that the National Institute for Prevention and Occupational Safety and Health (INPSASEL) completed a study on the classification of hazardous types of work for children and young persons and that a multidisciplinary team would carry out additional analyses with a view to establishing, on a scientific basis and through experimentation, what really should be understood as hazardous work. The Committee drew 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. The Committee requested the Government to provide the list of hazardous types of work when it has been determined.

The Committee notes the Government’s information that the National Committee for the Rights of Children and Adolescents (IDENA) is studying and elaborating a proposal for a Guide for Prevention for the Classification of types of hazardous work for child and adolescent workers. However, it notes with deep concern that no list of the types of hazardous work appears to have been established. The Committee urges the Government to take the necessary steps to adopt the list of types of hazardous work to be prohibited for children under 18 years at the earliest possible date and requests it to provide information on any progress made in this respect in its next report. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.

Article 5. Monitoring mechanisms. In its previous comments, the Committee requested 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. It notes the Government’s information that it is updating the available information on this subject and will keep the Committee informed in this regard. The Committee requests the Government to provide information on this subject in its next report.

Article 6. Programmes of action. 1. ILO–IPEC projects. The Committee previously noted that the Bolivarian Republic of Venezuela is collaborating with ILO–IPEC and has implemented projects to eliminate child labour, including its worst forms. The Committee notes the Government’s information that it will provide this information once available. It requests the Government to provide information on this subject as soon as it becomes available.

2. The Neighborhood Children Mission. The Committee previously noted the Government’s information that it implemented a programme for the protection of boys, girls and young persons who work (PRONAT) so as to improve the protection of their health, personal and social development. It noted that this programme targeted working children and young persons in the formal and informal sectors and, with a view to guaranteeing their rights in full, envisaged the adoption of various policies and plans of action.

The Committee notes the Government’s comprehensive information on the results of the PRONAT programme as well as statistical information collected under this programme. It also notes that, according to information available at the Office, the PRONAT programme is concluded. The Committee notes the Government’s information that the Ministry for Participation and Social Protection, jointly with IDENA, launched the programme Neighbourhood Children Mission, which is aimed at guaranteeing the rights of children and adolescents, especially those in situations of extreme poverty. Among the programmes implementing the mission, the Programme for decent work of boys, girls and adolescents (PRODINAT) was launched in 2008 and is aimed at ensuring young workers’ labour rights in order to progressively abolish child labour and protect the work of adolescents. In 2009, PRODINAT was implemented through five projects in five states respectively, and benefited 427 young workers in total. The Committee notes that, according to the 2008 Findings on the Worst Forms of Child Labour in the Bolivarian Republic of Venezuela, services are to be offered under phase I of the Neighborhood Children Mission to 3,600 vulnerable children, including street children, working children and children at risk of working, while educational, sport, and cultural activities are to be provided to poor children under phase II. The Committee requests the Government to provide information on the results achieved by the Neighborhood Children Mission in eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. The Committee previously noted that, according to the information contained in the Government’s second periodic report to the CRC in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), street children were one of the most serious problems in the country. There were reported to be over 9,000 children engaged in begging in the country. According to the Government, this figure was an estimate as no study had been conducted covering all urban centres, capitals and cities. The Committee noted that, in the context of the pilot plan of action for full support for street children and young persons implemented in the municipality of Libertador, over 28 street educators were trained, contacts were established with street girls, boys and young persons, and measures were taken to assist a number of them. Moreover, steps were taken for the construction of infrastructure for street children. The Committee, however, further noted that, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 72 and 73), the CRC expressed concern at the inadequate living conditions of these children and recommended that the Government extend the pilot plan of action throughout the country to prevent and address the problems of these children.

The Committee notes the Government’s information that in 2006 the Mission Negra Hipólita was created to address the situation of vulnerable persons, such as street children. One of its objectives was to remove from the streets, rehabilitate and socially integrate street children and child and adolescent victims of the worst forms of child labour, such as those working in the garbage dumps. In this regard, various activities were carried out, including assessments of the situation of children working in each garbage dump. The Committee further notes the Government’s information that, between 2008 and 2009, various activities were undertaken in the framework of the Neighborhood Children Mission to address the situation of street children and include them under programmes of protection to ensure their reintegration in their families. The Committee encourages the Government to continue taking measures to protect street children from the worst forms of child labour and requests it to provide information on the number of street children removed from the streets, rehabilitated and socially integrated pursuant to the implementation of the abovementioned programmes and projects, with child participation.

2. Indigenous and Afro-Venezuelan children. The Committee previously noted that the CRC, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), expressed concern that, despite the efforts made by the Government, the situation had not improved sufficiently in the area of the protection of indigenous peoples. It also expressed concern that girls were at higher risk of sexual exploitation and that they tended not to report complaints. The CRC also noted that there were discriminatory practices against Afro-Venezuelans and 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.

The Committee notes the Government’s comprehensive information on the measures taken to address the situation of indigenous people, including through improving their living conditions and promoting their economic and social development. It notes that these measures also target medical assistance and education. It also notes the Government’s indication that the Programme for full protection of children (HOGAIN) addresses the needs of indigenous children and benefits approximately 24,340 children of several ethnic groups. It also notes the Government’s information that, in July 2009, IDENA organized the “Day for fully protecting children and adolescents in the border areas with Colombia in the state of Apure, municipality of Rómulo Gallegos” in order to assist eight indigenous communities in that area and make an assessment of their situation. In that event, 950 indigenous people including 190 families, 268 boys, 343 girls and 87 adolescents were assisted through medical and nutritional assistance. The Committee encourages the Government to continue taking measures to reduce the vulnerability of indigenous children to the worst forms of child labour and requests it to continue to provide information on the results of these measures. Noting the absence of information on this point, it also requests the Government to provide information on any measures taken to protect children belonging to minorities, such as Afro-Venezuelans, and reduce their vulnerability to the worst forms of child labour.