CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Suriname (RATIFICATION: 2018)

Other comments on C138

Direct Request

2021

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The Committee notes the Government’s first report.

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee notes from the Government’s report the adoption of the National Action Plan to Combat Child Labour 2019-2024, which provides an overview of areas of attention, objectives and activities for combating child labour. According to information of the Ministry of Labour, Employment and Youth Affairs (press release of 1 April 2019), the Action Plan contemplates the review of existing legislation; activities concerning prevention, guidance and reintegration of victims; measures to be taken in the field of education and vocational training; and actions aimed at combating poverty. The Committee notes the re-establishment of the 2018 National Commission on the Elimination of Child Labour, which brings together different ministries, social partners and NGOs to monitor the implementation of the child labour policy. The Committee also notes the adoption in 2018 of the Children and Young Persons Labour Act, whose content was agreed by representatives of employers’ and workers’ organizations at the Labour Advisory Board. The Committee further notes that according to the 2017 Child Labour Survey conducted in Suriname with the technical support of the ILO, 2,432 children in the 5 to 17 age group are engaged in child labour, of which 1,701 are in hazardous work. Child labour is mostly present in the agricultural, hunting and fishery sectors, domestic work and wholesale trade industry. The Committee requests the Government to provide information on the specific measures taken within the framework of the National Action Plan to Combat Child Labour and the results achieved. The Committee also requests the Government to provide information on the activities undertaken by the National Commission on the Elimination of Child Labour.

Article 2(1). Minimum age for admission to employment or work. Suriname specified a minimum age of 16 years for admission to employment or work upon ratification of the Convention. The Committee notes that section 11 of the 2018 Children and Young Persons Labour Act sets the minimum age for admission to employment at 16 years for a maximum of 8 hours per day and 40 hours per week. For the purpose of work on fishing vessels, section 11 read together with section 1(1), sets the minimum age at 18 years.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to article 39 of the Constitution of Suriname, the State shall guarantee compulsory and free general primary education to all, and provide, in phases, free education on all levels. The Committee notes that section 20 of the Basic Education Act only provides for compulsory education of children aged 7 to 12 years. The Committee notes that in its 2019 report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicated that the Ministry of Education was in the process of drafting legislation to improve the education system. The Committee notes that, according to UNESCO, the effective transition rate from primary to lower secondary general education, by 2018, was 64.8 per cent and that the net enrolment rate for secondary education (12 to 18 years of age) in 2015 (information only available up to that year) was 57.8 per cent. The Committee further notes that in its 2016 concluding observations for Suriname, the United Nations Committee on the Rights of the Child expressed its serious concern about the low retention rates at the secondary level, in particular in the interior areas of the country (CRC/C/SUR/CO/3-4, paragraph 34 (a)). The Committee wishes to recall the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour (2012 General Survey, Fundamental Conventions, para. 369). Thus, the Committee encourages the Government to take the necessary measures to raise the age of completion of compulsory education at least to the age specified by Suriname for admission to employment, which is 16 years of age.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 11(1) of the Children and Young Persons Labour Act prohibits the employment of young persons (16 to 18 years of age) in work that is dangerous for health, morality or safety, whether or not for pay. The Committee recalls that, in its 2014 comments under Convention No. 182, it noted the State Decree on Hazardous Labour for Young Persons (S.B. No. 175 of 2010) which sets out categories of hazardous work.

Article 4(2). Exclusion of limited categories of employment or work. The Committee notes that section 2(1) of the Children and Young Persons Labour Act excludes from the scope of application of the Act casual work or work of short duration performed in a family environment, as well as light work not regarded as harmful, in particular for children or young persons in the family business or in tribal communities, where children are taught traditional livelihood skills. The Committee takes due note of the above-mentioned exclusions to the application of the Children and Young Persons Labour Act and requests the Government to indicate whether, after consultation with the organisations of employers and workers concerned, it wishes to avail itself of the provision contained in paragraph 2 of Article 4 of the Convention. If so, please indicate the categories of workers excluded from the application of the Convention and the reasons for such exclusion.

Article 6. Vocational training and apprenticeship. The Committee notes that according to section 6 of the Children and Young Persons Labour Act, children who have reached 14 years of age are allowed to perform light work in the framework of an internship or as part of an apprenticeship or vocational training. For this type of work, the child should be granted an uninterrupted rest period of at least 14 hours in each 24-hour period (including the period between 19:00 and 07:00 hours). Furthermore, the work shall not be performed for more than 35 hours per week, 5 days a week and 7 hours a day. The Committee requests the Government to provide information on how many children are involved in these internship programs, their duration, and the working conditions. Please also provide information on consultations held with workers’ and employers’ organizations in this regard.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 1(c) of the Children and Young Persons Labour Act defines light work as work, which is not detrimental to the safety, health and development of children, and which does not deprive them from regularly attending school, participating in vocational training, and benefiting from the education received. The Committee notes that section 4 of the Act permits children between 13 and 15 years of age to perform non-industrial auxiliary work of a light nature, defined by section 1 (p) of the Act as light work consisting of the provision of handicrafts and other fittings, and not involving independent production work. This type of work cannot be performed for more than 10 hours a week (a maximum of 3 hours a day during the school week). In addition, section 5 of the Act permits the employment of children who have reached 15 years of age in non-industrial light work, defined by section 1(o) of the Act as light work which is not performed with mechanical work equipment that poses unacceptable safety risks to a child or his/her environment, for a maximum of 12 hours a week (a maximum of 3 hours on days when education is given). The Committee notes that, according to section 4(6) of the Act, a state decree shall specify the types of light work, which may be performed by children who have reached 13 years of age, as well as types of work which do not qualify as light work. The Committee requests the Government to indicate if, pursuant to section 4(6) of the Children and Young Persons Labour Act, a state decree has been adopted specifying the types of light work permitted to children who have reached the age of 13 years, including the conditions in which such work may be undertaken.

Article 7(2). Employment or work of persons who are at least 15 years of age but have not yet completed their compulsory schooling. The Committee notes that according to section 8 of the Children and Young Persons Labour Act, the Service of Labour Inspection may authorize a child of 15 years of age, who has been granted an exemption from the obligation to attend school, to perform non-industrial work of a light nature based on a joint request of the employer and the parent or guardian of the child. This type of work shall not be performed for more than 40 hours per week, 5 days a week and 8 hours a day. The Committee requests the Government to provide information on the number of children who having reached 15 years of age and being exempted from the obligation to attend school, have been authorized to carry out non-industrial work of a light nature in accordance with section 8 of the Children and Young Persons Labour Act. In this regard, the Committee requests the Government to indicate the reasons why such children have been exempted from the obligation to attend school.

Article 8. Participation in artistic performances. The Committee notes that section 1(d) of the Children and Young Persons Labour Act defines artistic performances as light work consisting of performances in the cultural, artistic or sporting fields or advertising activities. The Committee notes that, in relation to work of children in artistic performances, the Government refers to section 7 of the Act, according to which the Labour Inspectorate may issue guidelines concerning maximum working hours per day and per week, compulsory rest periods and the mandatory presence, supervision and monitoring by supervisory staff, parents and guardians during work. The Committee recalls that pursuant to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention for participation in artistic performances. In this regard, the permits shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to provide information on measures taken or envisaged for the granting of permits specifying the number of hours during which and the conditions in which children are allowed to participate in artistic performances. The Committee also requests the Government to provide information on any further regulation issued by the Labour Inspectorate in this regard.

Article 9(1). Penalties. The Committee notes that section 15 of the Children and Young Persons Labour Act provides for sanctions including fines and imprisonment, for the person who contravenes the provisions of the Act. These sanctions do not apply to children and young persons. The Committee notes that, according to section 16 of the Act, where breaches of the law respond to the poor social circumstances of the child’s or young person’s family, the competent authorities should offer social support to that family, in order to enable the child or children in the family to make a living without resorting to child labour; as well as guidance and other support measures for the children involved. The Committee requests the Government to provide information on the application in practice of section 15 of the Children and Young Persons Labour Act, including on the number and nature of violations and penalties applied. The Committee also requests the Government to indicate examples of the measures that have been applied, in line with section 16 of the Act, to support poor families of children engaged in child labour.

Article 9(3). Keeping of registers. The Committee notes that section 3(3) of the Children and Young Persons Labour Act requires employers to keep records of the age and names of their employees and those who are in the company for vocational education or training, and to ensure that these records are correct.

Labour inspection and application of the Convention in practice. The Committee notes that according to article 17 of the Children and Young Persons Labour Act, the supervision of compliance with the Act lies with the Head of the Health and Safety Inspectorate and the labour inspectors. The Committee notes the Government’s indication that the Labour Inspectorate has visited various companies, paying particular attention to child labour. In doing so, it has identified one case of a child who suffered injuries performing work and of another child who lost his life in an industrial accident. The Committee further notes that the Government indicates that the employers consider that there is not enough insight in the occurrence of child labour because of the large informal sector where child labour may occur undetected. The Committee refers to its 2020 comments under the Worst Forms of Child Labour Convention, 1999 (No. 182) and requests the Government to provide updated statistical information on the number of children involved in child labour, when possible disaggregated by gender and age group.