Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that the Anti-Drugs Act No. 6.368 of 21 October 1976 covers the unlawful trafficking and use of narcotics and criminalizes a number of acts in this field. It noted that section 18(3) of the Act provides that penalties are increased where the offences involve minors (persons under 21 years of age), either as accomplices or victims. The Committee noted that, according to the information available at the Office, the number of young persons involved in drug trafficking had been increasing and, moreover, those involved in such activities are ever younger. It would appear that this phenomenon is a result of the fact that the use of minors in “bisness” keeps the costs lower than the use of adults, for example for the payment of bail when they are arrested, as well as the payment of bribes to the police. Noting the absence of information in the Government’s report, the Committee once again requests it to provide information on the application of the legislation in practice.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes the information provided by the Government to the effect that a special subcommittee has been established to identify activities that should be considered as the worst forms of child labour. The Committee requests the Government to provide information on any new development in this respect.

Article 5. Monitoring mechanisms. The Committee notes the information provided by the Government that advisory supervision units (Nucleos de Atividades de Assessoramento a Fiscalização – NAAF) have been established in the various regional labour offices. Although these units do not include labour inspectors working specifically on child labour, they nevertheless have to pay very close attention to this problem in the discharge of their duties. The Committee requests the Government to provide information on the operation of the NAAF with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted previously that since September 2003 the Government has been participating in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour, which has been implemented in the states of Maranhão, Paraíba, Rio de Janeiro, Sao Paulo and Rio Grande do Sul, giving priority to the following forms of child labour: (i) hazardous agricultural activities, and particularly household agricultural activities; (ii) hazardous work by children in the informal economy (urban areas); (iii) child domestic labour; (iv) commercial sexual exploitation; and (v) drug production and trafficking. In addition to the measures taken to prevent children from being engaged in the worst forms of child labour and to remove them from these activities, the Committee takes due note of the many preventive measures adopted in the context of the implementation of the TBP, including awareness-raising campaigns for the population on child labour and its worst forms, the preparation and publication of educational materials on the issue and training activities and seminars. The Committee notes with interest the Government’s efforts in relation to the implementation of the TBP and strongly encourages it to pursue its efforts to combat the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from these worst forms of child labour and for their rehabilitation and social integration. 1. Implementation of the TBP. With reference to its previous comments, the Committee notes that, according to the ILO/IPEC activity reports on the TBP, between 2004 and 2006 over 2,800 children were removed from the worst forms of child labour covered by the TBP and around 1,290 children have been prevented from being engaged in these worst forms of child labour. It further notes that, although the programmes of action for the first part of the TBP will be finishing soon, children who have benefited from the programme still receive assistance. Noting that five new programmes of action are currently being implemented in the context of the second phase of the TBP, the Committee requests the Government to continue providing information on: (i) the number of young persons under 18 years of age who have been prevented from being engaged in the worst forms of child labour covered by the TBP; and (ii) the number of children who have been removed from these worst forms of child labour in the fields covered by the TBP and the rehabilitation and social integration measures adopted for these children.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee previously requested the Government to indicate the time-bound measures adopted to ensure access to free basic education and vocational training for the girls and boys who were to be removed from the worst forms of child labour covered by the TBP. The Committee notes that, according to the ILO/IPEC activity reports on the TBP, all the children who have benefited from the TBP have been enrolled in schools or in a vocational training programme, none have dropped out and the school attendance rate was around 85 per cent.

Clause (d). Children at special risk. Child victims of HIV/AIDS. With reference to its previous comments, the Committee notes that, according to the report published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in December 2006 entitled AIDS Epidemic Update, one third of all persons living with the virus in Latin America, namely over 620,000 people, live in Brazil. However, it notes that, according to the report, the country’s emphasis on prevention and treatment, and particularly the concerted promotion of sex education and AIDS prevention in schools, together with HIV testing, has helped to keep its HIV epidemic stable for the past several years. Furthermore, the AIDS mortality rate decreased by 50 per cent between 1996 and 2002. The Committee takes due note of this information and strongly encourages the Government to pursue its efforts to prevent the transmission of the virus within the population and to protect child orphans of HIV/AIDS from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. With reference to its previous comments, the Committee notes that the Government has adopted a number of social measures with a view to reducing poverty, particularly through the provision of grants and family allowances to families with working children who agree to remove these children from work and ensure that they attend school. With regard to the programme of family grants, more than 12.1 million families, representing over 45 million poor persons, should have benefited from the programme by the end of 2006. In addition, since 2006, the family allowances provided in the context of the Programme for the Elimination of Child Labour (PETI) have been integrated into the programme of family grants. The Government is envisaging a substantial increase in the number of persons benefiting from these programmes. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to continue its efforts in this respect.

Part V of the report form. Application of the Convention in practice. The Committee noted previously that the Government had not provided a general overview of the extent of the worst forms of child labour in the country. It therefore requested the Government to give a general appreciation of the manner in which the Convention is applied in Brazil. The Committee notes the statistics provided by the Government, which are based on the household survey conducted by the Brazilian Institute of Geography and Statistics (IBGE) in 2004. It notes that 5.4 million children and young persons between 5 and 17 years of age worked during the survey reference week. However, it notes that the statistics do not specifically concern the worst forms of child labour. Moreover, the Committee notes that, according to the ILO/IPEC activity reports for 2006 on the TBP, studies on the worst forms of child labour covered by the TBP have been carried out. It therefore once again requests the Government to provide information on the application of the Convention in practice, including extracts of official documents, studies and, where applicable, statistics indicating the nature, extent and trends of the worst forms of child labour, the nature and number of infringements reported, investigations, prosecutions, convictions and penal sanctions. In so far as possible, such statistics should be disaggregated by sex, age group and branch of economic activity.