Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Guyana (Ratification: 2001)

Autre commentaire sur C182

Demande directe

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Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously observed that sections 73, 84, 85 and 89 of the Criminal Law Offences Act covered only trafficking of females for sexual exploitation. It noted the Government’s indication that the newly enacted Combating of Trafficking in Persons Act provides comprehensive measures to combat trafficking in persons, including for the purposes of labour exploitation.

The Committee notes with interest that according to section 3 of the Combating of Trafficking in Persons Act of 2005 (Trafficking in Persons Act), whoever engages in or conspires to engage in or attempts to engage in, or assist another person to engage in or organizes or directs other persons to engage in trafficking in persons shall be punished. For the purposes of this section, the recruitment, transportation, transfer, harbouring or receipt of any child (defined as persons under 18 years of age) or the giving of payments or benefits to obtain the consent of a person having control of a child for the purpose of exploitation shall constitute trafficking in persons irrespective of whether any means of use of force, coercion or threat have been established. Furthermore, according to section 5(2)(c) of the Trafficking in Persons Act, transporting a child for prostitution constitutes an aggravated offence and shall be punishable with imprisonment for up to five years and a fine.

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 that the Narcotic and Psychotropic Substances Act of 1988 contains provisions penalizing any person for the offences related to the possession or trafficking in narcotics as well as supply of narcotics to children and young persons. The Committee observed, however, that this Act does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It requested the Government to provide information on the measures taken in this regard. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities such as the production or trafficking of drugs, pursuant to Article 3(c) of the Convention.

Article 6. Programmes of action for the elimination of the worst forms of child labour. National Plan of Action to Combat Trafficking in Persons. The Committee notes from the information provided by the Government in its report to the Committee on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/GUY/7-8, paragraph 136, 12 August 2010) that the Government has adopted a National Plan of Action to Combat Trafficking in Persons. The Committee requests the Government to provide information on the implementation of the National Plan of Action to Combat Trafficking in Persons and its impact on the elimination of trafficking in children under the age of 18 years.

Article 7(1). Penalties. In its previous comments, the Committee noted that section 5(1) of the Employment of Young Persons and Children Act (EYPC Act) provides for penalties for the offences related to the employment of children (under 15) and young persons (between 15 and 16) in limited situations. It had also noted that according to section 3 of Part II of the Schedule to the EYPC Act, the minimum age for admission to any type of employment or work which by its nature or the circumstances by which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee observes that section 5(1) of the EYPC Act covers only young persons between 15 and 16 years of age and section 3 of Part III of the EYPC Act does not provide for any penalties for its violation. Noting that the Government report has not provided any information in this regard, the Committee once again requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the infringement of section 3, Part II of the Schedule of the Employment of Young Persons and Children Act, prohibiting the employment of children under 18 years in hazardous work.

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. The Committee notes from the Government’s report that Guyana is taking part in the ILO–IPEC Tackle Child Labour through Education (TACKLE) project. It notes that according to the information available in the ILO–IPEC project report, through this programme over 300 school children residing along the Linden/Soesdyke highway, no longer have to trek the 4 kilometres to and from school as they are now provided with free transport. The programme also has a nutrition enhancement component, providing a daily hot meal, an after-care programme which provides children with homework, and parenting workshops and psychosocial support for both parents and students. The Committee also notes from the ILO–IPEC report that since the project began, school attendance has increased from 64 per cent to 94 per cent in the target areas. The ILO–IPEC report further indicates that with the technical support of the TACKLE project, the Education Ministry is implementing a programme in five schools in three regions of Guyana targeting 3,500 children in secondary school with the objective of enabling them to complete secondary education.

The Committee further notes from the Government’s report to the CEDAW (CEDAW/C/GUY/7-8, paragraphs 192–195) that in 2009–10, the Government introduced and expanded social safety net programmes for poor and vulnerable groups, such as school feeding programmes, school uniform programmes and single parent assistance programmes. As a result of these programmes, the primary school enrolment rate and completion rate increased to over 90 per cent, and the repetition and drop-out rates decreased to 1 per cent and 3 per cent, respectively. The enrolment rate at the secondary level also indicated an increase from 45 per cent in 1992 to 75 per cent in 2009–10 while the completion rate rose to 60 per cent. The Committee further notes from the Government’s report to the CEDAW that Guyana has achieved gender parity in primary education at the national level with near universal access to primary education. The Committee notes, however, that according to the list of issues concerning the implementation of the Convention on the Rights of the Child issued by the Committee on the Rights of the Child (CRC/C/GUY/Q/2-4, paragraph 10, 18 July 2012) the CRC requested the Government to ensure quality education in all schools, including in remote areas, increase the enrolment rate and reduce the drop-out rates both in primary and secondary education, especially for boys, and to ensure that pregnant teenagers are given the opportunity to continue their education. The Committee takes due note of the measures taken by the Government, and encourages the Government to pursue its efforts to promote access to primary and secondary education for all children, particularly boys and pregnant teenagers. It requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Commercial sexual exploitation. In its previous comments, the Committee noted that the International Confederation of Free Trade Unions (ICFTU) indicated that child labour exists particularly in the commercial sex trade, and that there was a lack of enforcement of legislation by inspectors. There was evidence of forced prostitution of women and girls, and reports of child prostitution in cities and in remote gold mining areas. The Committee also noted the Rapid Assessment Study which stated that child prostitution was one of the worst forms of child labour identified by several studies in Guyana. The Committee further noted from the Rapid Assessment Study that the sexual exploitation of the girl child in Guyana is a common, widespread and serious social problem that is not addressed as a public issue.

The Committee notes that according to the information available on the website of the United Nations High Commissioner for Refugees (UNHCR), child prostitution is a problem in Guyana, including around the country’s mining industry. Girls are trafficked internally for commercial sex work, often from coastal areas and Amerindian communities to towns near mines. There are reports of girls as young as 12 years old working as prostitutes. The Committee also notes that the CRC in its list of issues of July 2012 asked the Government to indicate if any study on the scale and root causes of sexual exploitation of children, which is reported to be high in the country, has been conducted (CRC/C/GUY/2-4, paragraph 12). The Committee notes the absence of information in the Government’s report concerning the situation of children involved in commercial sexual exploitation in the country. The Committee expresses its concern at the apparent prevalence of this worst form of child labour in the country, and urges the Government to take effective and time-bound measures to provide the necessary direct assistance for the removal of children under 18 years of age from commercial sexual exploitation and to ensure their rehabilitation and social integration. It requests the Government to provide information in its next report on the measures taken in this respect.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children and Amerindian children. The Committee had previously noted that the Guyana national plan of action for children for the year 2000 highlighted six major areas for specific actions, including children at risk and particularly children in difficult circumstances. The Committee also noted that the Rapid Assessment Study found that the worst forms of child labour involve Amerindian children.

The Committee notes from the Government’s report to the CEDAW, that Guyana is home to more than 50,000 Amerindian people (9.2 per cent of the population) belonging to nine different groups, living mainly in the hinterland and riverain areas of Guyana (CEDAW/C/GUY/7-8, paragraph 59). The Committee notes that according to the information available from the UNHCR website, Amerindian girls are particularly vulnerable and are often trafficked to work in prostitution or domestic service. It also notes from the report that many Guyanese children work in domestic service and on the streets, typically as vendors or beggars. Observing that street children and children belonging to the Amerindian community which constitute 9.2 per cent of the population are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. It asks the Government to provide information on the measures taken in this regard and the results achieved.

2. HIV/AIDS orphans. The Committee notes that according to the information available from a report on UNICEF activities in Guyana, the Government of Guyana together with UNICEF has initiated a number of programmes aimed at the care and protection of orphans and other vulnerable children. It has also adopted mechanisms to strengthen the families of such children as well as to provide for the reintegration of children. The Committee requests the Government to provide information on the number of orphans who have been reached through the various initiatives taken by the Government along with UNICEF. It also encourages the Government to continue to take measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee notes from the Government’s report to the CEDAW that at the bilateral level, it has established cooperation among relevant actors in countries of origin and destination that play a critical role in the prevention of trafficking in persons, victim return and reintegration programmes (CEDAW/C/GUY/7-8, paragraph 145). These include Trinidad and Tobago and Barbados. The Government has also engaged in discussion with state officials from Brazil and Suriname on information exchange on criminal matters involving trafficking in persons as well as for legal, judicial and law enforcement cooperation in the fight against cross-border crime, including trafficking in persons.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Ministry of Labour, through the inspectorate department, conducts labour inspections at various work sites in Guyana, as well as investigates and prosecutes individuals found in violation of labour laws pertaining to children. The Committee also notes the statistical data on trafficking investigations contained in the Government’s report to the CEDAW. According to this report, in 2007, the National Task Force for Combating Trafficking in Persons registered eight cases of trafficking in persons involving ten victims under the age of 18 years of which nine were females. The Government report to CEDAW further indicated that the Counter Trafficking in Persons Unit established under the Ministry of Human Services and Social Security received nine cases of human trafficking in 2008, and six cases in 2009 (CEDAW/C/GUY/7-8, paragraphs 132–134). The Committee notes, however, that there is very limited data available on children engaged in the worst forms of child labour, particularly commercial sexual exploitation and hazardous work. The Committee notes from the Government’s report that the Government is in the process of setting up a baseline survey of child labour. The Committee requests the Government to provide a copy of the report of the proposed child labour survey, once it has been made available. It also requests the Government to provide information on the findings of the labour inspectorate with regard to the number of violations detected and investigated concerning the employment of children in hazardous work.