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Minimum Age Convention, 1973 (No. 138) - Guyana (RATIFICATION: 1998)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy for the elimination of child labour, labour inspection and application in practice. The Committee notes the Government’s indication, in its report, that the National Child Labour Policy towards the elimination of child labour 2019 and the National Plan of Action for the Elimination of Child Labour 2019–25 continue to be implemented. The Committee takes due note of the various activities undertaken by the Government under the National Action Plan for the Elimination of Child Labour 2019–25, including: (1) the review of the laws governing child labour with a view to strengthening the legislative protection and enforcement in combating child labour, and the subsequent recommendations made for legislative amendments to fill gaps and clarify or strengthen the effects of offences and penalties; (2) the training of 22 labour inspectors to better investigate, coordinate, monitor and respond to child labour; (3) various poverty eradication measures to create jobs and provide a better income to families; and (4) measures aimed at increasing school enrolment and attendance rates. The Committee notes the Government’s indication that the labour inspectorate conducts regular and frequent inspections across the country (960 inspections in industrial establishments in 2021 and 1,600 inspections between January 2022 and August 2023), but that no case of child labour was observed during these inspections. The Government adds that one of its labour inspectorate unit conducts checks for child labour whenever inspections are done, but that there is no separate child labour inspectorate unit. The Committee further notes with interest the Government’s indication that, according to the Multiple Indicator Cluster Survey 2019–20, there was a decline in child labour across all regions of Guyana. In 2019, 6.4 per cent of children aged 5 to 17 years were engaged in child labour compared to 18 per cent in 2014. The Survey also highlights the decrease in the number of children, aged 5 to 17 years, working under hazardous conditions, from 13 per cent in 2014 to 8 per cent in 2019, and that boys are still more likely to be involved in hazardous work than girls. The Committee encourages the Government to pursue its efforts towards the effective elimination of child labour, including hazardous child labour. It also requests the Government to continue to provide updated statistical information on the employment of children and young persons below the age of 15 in the country and on the number of children under 18 years engaged in hazardous work.

Article 3(3). Authorization to work in hazardous employment from the age of 16 years. The Committee notes the Government’s indication that it intends to amend the Employment of Young Persons and Children Act (chapter 99:01) to ensure that persons from the ages of 16–18 years may only be authorized in hazardous work on the conditions that their health, safety and morals are fully protected and that they, in practice, receive adequate specific vocational training, in line with Article 3(3) of the Convention. The Government indicates that it is seeking the assistance of the ILO to this end. The Committee requests the Government to continue its efforts, in cooperation with the ILO, to ensure the amendment of the Employment of Young Persons and Children Act with a view to bringing it into conformity with the Convention and requests the Government to provide a copy of the amendments to the Act once they have been adopted.

Article 9(3). Keeping of registers. The Committee notes the Government’s indication that it considers that all businesses are captured by the definition of “industrial establishment” of section 2(1) of the Occupational Safety and Health Act (chapter 99:06), as it includes “a factory, shop, office, or workplace and any, building or other structure or premises appertaining thereto but does not include premises occupied for residential purposes only”. The Government adds that it has taken note of the Committee’s observation that the legislation should be amended to ensure that all employers, including non-industrial undertakings, should be obliged to keep registers of all employed persons under the age of 18 years, and that the necessary attention will be given to this observation when the occupational safety and health regulations are next reviewed. The Committee once again requests the Government to take the necessary measures to ensure that national legislation or regulations be adopted to ensure that all employers of non-industrial undertakings are also obliged to keep registers of all persons below the age of 18 years who work for them, in conformity with Article 9(3) of the Convention.