BRAZIL: Children's rights in International Labour Organisation reports

 

This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'.

CEACR: Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Brazil (ratification: 2001) Published: 2012

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee noted the ILO–IPEC information that the operation of a Time-bound Programme, as well as other programmes of action, had created a favourable environment for combating child labour in the country.

The Committee also notes the information in the Government’s report that it has a specific inspection scheme regarding the elimination of child labour, which is part of the Programme for the Elimination of Child Labour (under the direction of the Ministry of Social Development and Combating Hunger). The Government indicates that, between 2003 and the first half of 2010, a total of 56,460 young persons have been reached through labour inspections. In 2007 and 2009, labour inspections resulted in the regularization of 18,776 children and young persons, who were removed from premature employment and placed under the Child and Youth Protection Network, which includes the possibility of participating in income transfer initiatives, such as the Bolsa Família programme. The Government indicates that, although it has steadily increased the number of labour inspections carried out (from 981 inspections in 2007 to 1,109 in 2008 and 1,240 in 2009), the number of working children detected has decreased, as a result in the overall decline in the number of working children.

With regard to initiatives in Bahia, the Committee notes the information in the ILO–IPEC report for the project “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that the Ministry for the Social Development and Combating Hunger and the Labour Prosecutor’s Office are jointly implementing a mechanism that actively searches and monitors potential child labourers. This ILO–IPEC report indicates also that 11,993 children in child labour have been identified thus far, and the project has reached 172 per cent more beneficiaries than initially targeted for withdrawal, including 6.02 per cent of all the child labourers in the state of Bahia.

Lastly, the Committee notes the detailed statistical information provided in the Government’s report from the 2008 National Household Sample Survey, conducted by the Brazilian Geographical and Statistical Institute. The Committee notes with interest that child labour has declined steadily in recent years. Between 1992 and 2008, the rate of child labour dropped from 3.6 per cent to 0.9 per cent for children between the ages of 5 and 9 years, and from 21.9 per cent to 9.6 per cent for children between the ages of ten and 15 years. In this respect, the Committee welcomes the measures taken by the Government to abolish child labour, which it considers to be an affirmation of its political will to develop strategies to combat this problem. However, despite the significant progress achieved, the Committee observes that important challenges remain. For example, in 2008, approximately 2,144,770 children aged 5–15 continued to be engaged in child labour (1,447,750 boys and 697,020 girls). The 2008 Household Sample Survey also indicates that, while the percentage of working girls decreased by 25 per cent between 2006 and 2008, the percentage of working boys decreased more slowly (by 18.6 per cent) over this same period. In this regard, the Committee notes that 67.5 per cent of working children in Brazil are boys.

Article 2(1) of the Convention. Minimum age for admission to employment or work. Work performed in streets and public places. The Committee previously noted that section 405(2) of the Consolidated Labour Act states that work performed by a minor between 14 and 18 years of age in streets and other public places must be subject to prior authorization by a juvenile court. The Committee observed that this appeared to permit work in streets or other public places from the age of 14, although the specified minimum age for admission to employment or work is 16 years. It requested the Government to indicate the measures taken or envisaged to ensure that no minor under 16 years of age is admitted to employment or work in the streets or other public places.

The Committee notes with satisfactionthe Government’s statement that, as work on the street or other public places is identified on the List of the Worst Forms of Child Labour (Decree No. 6.481 of 12 June 2008), the minimum age for this type of work is 18 years. In this regard, the Committee notes that item 73 of Decree No. 6.481 prohibits persons under 18 from working in the streets or other public places, listing the examples of street vendors, car attendants, tour guides and work involving the transportation of persons or animals.

 

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CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Brazil (ratification: 2000) Published: 2012

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee noted that although the national legislation prohibits the sale and trafficking of children, it continued to be a problem in practice. It noted the information in a 2006 ILO–IPEC report that Brazil is a country of transit, origin and destination for the sale and trafficking of children for the purpose of prostitution. Girls and boys are also victims of internal trafficking, particularly for economic exploitation in agriculture, mining and charcoal production. The Committee welcomed the adoption of a National Policy to Combat the Trafficking of Persons in 2006 and the adoption of a National Plan to Combat the Trafficking of Persons in 2008, but expressed concern at the persistence of the problem on a substantial scale in the country.

The Committee notes the information in the ILO–IPEC report for the project “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that, as part of the National Plan to Combat the Trafficking of Persons, the Ministry of Justice is currently monitoring initiatives aimed at combating trafficking in the states of Acre, Bahia, Ceará, Goiás, Pará, Pernambuco and Rio de Janeiro. The Ministry of Justice is conducting technical visits to assess the results achieved through the US$1 million invested (since 2008) to combat this crime. However, the Committee notes the statement in a 2008 report of the United Nations Office on Drugs and Crime (UNODC) entitled “Brazil National Conference: Challenges to the Implementation of the National Plan to Combat the Trafficking of Persons” that, in addition to the increased susceptibility of children to exploitation of trafficking, the growing phenomenon of sex tourism also increased the number of trafficked children and lowered the age at which they are exploited. The Committee also notes the information in a January 2010 report of the Government entitled “Enfrentamento ao Trafico de Pessoas – Relatório do Plano Nacional” (Facing the Trafficking in Persons – Report of the National Plan) available on the UNODC website, that 38 persons were convicted of trafficking in 2006, 38 in 2007 and 28 in 2008. The Committee further notes the indication in this report that the trafficking of children continues to be reported and that the National Hotline for the Denunciation of Sexual Abuse and Exploitation of Children received 381 reports of cases of child trafficking from February 2005 to 2009. Lastly, the Committee notes the statement in a report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the trade policies of Brazil of 9–11 March 2009, entitled “Internationally recognized core labour standards in Brazil” that, despite the legal prohibition on trafficking, the trafficking of women and children for the purpose of sexual exploitation is common in Brazil, both domestically and internationally.

 

Article 5. Monitoring mechanisms. Commercial sexual exploitation of children. The Committee previously noted the Government’s indication that an information system on locations of child labour (SITI) had been established, containing detailed information on locations where child labour, including the worst forms of child labour, occurs, including information concerning the commercial sexual exploitation of children. This information system contributed to the planning of actions by the labour inspectorate, particularly by the regional superintendencies for labour and employment.

The Committee notes the statement in the Government’s report that the SITI continues to report on locations where child labour occurs, contributing to the planning of inspections and the combating of the worst forms of child labour. The Government also indicates that, in July 2009, the Secretariat of Labour Inspection (SIT) decided that actions to eliminate child labour should, as a priority, target activities related to the worst forms of child labour. However, the Committee notes an absence of information in the Government’s report on any specific measures taken to combat the commercial sexual exploitation of children.

 

Article 7(2). Effective and time-bound measures. 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. Trafficking and commercial sexual exploitation.

The Committee notes the information in the ILO–IPEC report for the project entitled “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that, as part of the National Plan to Combat the Trafficking of Persons, the Ministry of Justice has undertaken activities to provide training to persons who work with victims of this worst form of child labour. The Committee further notes the information in the Government’s report of January 2010 available on the UNODC website, entitled “Facing the trafficking in persons – Report of the National Plan” that, as part of the National Plan to Combat the Trafficking of Persons, a survey was conducted in 2007 and 2008 on the best practices and experiences of services aimed at preventing the trafficking of children, in partnership with the ILO. This report also indicates that, in September and October 2009, a survey was conducted on special social protection service units, by the Ministry of Social Development and Combating Hunger, to determine which units provide services to persons at risk of trafficking or sexual exploitation, and which units provide services to child and adolescent victims of these worst forms of child labour. In addition, the Committee also notes the information from the International Organization for Migration (IOM) that it is operating a regional project which provides assistance to victims of trafficking in the tri-border area of Argentina, Brazil and Paraguay.

 

Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee previously noted the indication from the ITUC that, according to the 2004 ILO–IPEC study, there were over 500,000 child domestic workers in Brazil, many vulnerable to exploitation and working under conditions prohibited by the Convention. These children, particularly girls, do not attend school, and over 88 per cent of them begin well before the minimum age for admission to employment, normally at five or six years of age. However, the Committee noted that the List of the Worst Forms of Child Labour (Decree No. 6.481 of 12 June 2008) included child domestic work as one of the types of activities prohibited to any person under 18 years of age. It also noted that, according to the 2008 ILO–IPEC report on the Time-Bound Programme, a sectoral plan on domestic workers (PLANSEQ) was being implemented to support this category of workers and inform them of their rights.

Referring to its 2010 comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the continued implementation of the PLANSEQ. The Committee also notes the Government’s statement that, under section 6 of the Normative Instruction 77/2009 of the SIT, the inspectorate combats child domestic work by advising the general public in the course of their duties and forwarding complaints to the competent authorities, in addition to awareness-raising measures. Lastly, the Committee notes the Government’s indication in its report that, according to the 2008 National Household Sample Survey, 15.1 per cent of child labourers in the 5–13 year age group are domestic workers (approximately 192,050 child domestic workers between the ages of 5 and 13).

 

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CEACR: Direct Request concerning Minimum Age Convention, 1973 (No. 138) Brazil (ratification: 2001) Published: 2012

 

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Government had declared the minimum age for admission to employment or work of 16 years, as established in article 7, paragraph XXXIII, of the Federal Constitution and section 403 of the Consolidated Labour Act. However, the Committee also noted that, under section 402 of the Consolidated Labour Act, children who have not yet reached the minimum age for admission to employment or work may work in workshops in which only the child’s family members are employed and which are managed by their father, mother or guardian, with the exception of night work (section 404) and hazardous work (section 405). The Government indicated that section 402 of the Consolidated Labour Act excludes from its scope, work by children and young persons in family enterprises, i.e. in economic activities for the purpose of family subsistence and maintenance. Nonetheless, in response to the Committee’s request to ensure the protection provided for by the Convention to all children, the Government indicated that the functions of the Special Mobile Inspection Group (GEFM) had been modified and the labour inspectors’ scope of action extended to combating child labour. The aim of this reinforcement of the labour inspection system was to remove children and young persons from illegal work, in both the formal and informal economies, and to orientate them towards a social protection network. The Government further indicated that an information system on locations where child labour occurs (SITI) had been set up.

The Committee notes the Government’s statement that work within families is not, strictly speaking, subject to labour inspection. The Government also indicates that the SITI system does not record a child’s particular employment status (that is, whether the child is self-employed or not), so it is not possible to provide information on the number of children without an employment contract removed from work. Nonetheless, the Committee observes that the Government’s report provides detailed statistics on the employment status of working children, indicating that there were approximately 167,975 self-employed children in 2007 and 130,505 self-employed children in 2008. Regarding children performing unpaid work, the Committee notes the information in the Government’s report that 47.3 per cent of children between the ages of 5 and 17 do not receive any remuneration. The Government’s report indicates that the majority of children between the ages of 5 and 15 who were performing unpaid work worked in family businesses. The Government further indicates that only 579,299 children between the ages of 5 and 15 were employees.

Article 3(1) and (3). Minimum age for admission to hazardous types of work. The Committee previously noted the adoption of Decree No. 6.481 which approves a detailed list of over 90 activities in which it is prohibited to employ young persons under 18 years of age. However, the Committee noted that, pursuant to section 2(1) of Decree No. 6.481, the prohibition on employing young persons under 18 years of age in hazardous work may be lifted under specific conditions. Section 2(1)(1) of Decree No. 6.481 states it is possible to employ a minor aged 16 or over with the authorization of the Ministry of Labour and Employment, further to consultation with the employers’ and workers’ organizations concerned, provided that the health, safety and morals of the young persons are fully guaranteed. Pursuant to section 2(1)(2) of Decree No. 6.481, this authorization must be accompanied by a detailed technical notice, signed by a professional person legally authorized to act in occupational safety and health matters certifying that the young persons will not be exposed to risks which could endanger their health, safety or morals. This technical notice must be filed with the decentralized unit of the Ministry of Labour and Employment of the district in which the work will take place.

The Committee once again observes that section 2(1) of Decree No. 6.481 does not indicate whether young persons over 16 years of age must have received adequate specific instruction or vocational training in the relevant branch of activity to receive authorization of the Ministry of Labour and Employment, as specified in Article 3(3) of the Convention. The Committee once again reminds the Government that, under Article 3(3) of the Convention, young persons over 16 years of age may be authorized to perform dangerous work provided that: (a) their health and safety are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity.

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CEACR: Direct Request concerning  concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Brazil (ratification: 2000) Published: 2012

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs. In its previous comments, the Committee noted that the Anti-Drugs Act No. 6.368 provides for increased penalties if the drug offence committed involved a minor. However, it noted information in the December 2008 ILO–IPEC report on the Time-bound Programme (TBP) indicating that this worst form of child labour was present in Brazil. The Committee also noted information indicating that the number of young persons involved in drug trafficking had been increasing, since the use of minors for this purpose was cheaper than the use of adults.

Article 7(1). Penalties. The Committee previously noted that Decree No. 6.481 of 12 June 2008, which approves a detailed list of the worst forms of child labour, including types of hazardous work, does not provide for penalties in the case of violations of the Decree.

The Committee notes the Government’s indication that, at the administrative level, the labour inspectorate has punitive powers to punish offenders. However, the Committee notes an absence of information regarding specific penalties applied in the cases of the detection of violations of Decree No. 6.481. In this respect, the Committee once again reminds the Government that, pursuant to Article 7(1) of the Convention, measures must be taken to ensure the effective implementation and enforcement of the provisions giving effect to it, including the provision and application of criminal penalties or, as appropriate, other sanctions.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that, according to UNICEF statistics for 2007, the net attendance rate in primary education was 95 per cent for boys and girls, and the rate in secondary education was 42 per cent for boys and 50 per cent for girls. The Committee also noted the information in the 2008 Education for All – Global Monitoring Report (published by UNESCO) indicating that, while Brazil was making steady progress towards achieving the goal of education for all by 2015, major disparities (to the detriment of boys) persisted and the goal of gender parity by 2025 would probably not be achieved. It noted, however, that the Government had established a cash-transfer programme (the school bursary programme) benefiting 16 million children and that the “Plan for the development of education” had been under way since 2007.

The Committee notes the information in the Government’s report that 19 per cent of children and young persons who work do not attend school. The Government’s report also indicates that children who work and attend school had impaired school performance. The Committee also notes the information from the UNESCO Institute for Statistics that the net enrolment rate for secondary school has risen from 66 per cent in 1999 to 82 per cent in 2008. However, the net enrolment rate of boys, of 78 per cent, lagged behind that of girls, of 85 per cent. The Committee further notes the information in the 2010 UNESCO report Education For All – Global Monitoring Report that the net enrolment rate in primary education has risen from 91 per cent in 1999 to 93 per cent in 2007. However, this UNESCO report also indicates that there remain 901,000 out-of-school children between the ages of 7 and 10. This UNESCO report further indicates that education indicators (such as low secondary enrolment rates and high late enrolment rates) are significantly worse in poorer states in the north and north-east of the country, despite redistributive funding from the central Government to these states. Moreover, the Committee notes that the United Nations Committee on Economic and Social Rights, in its concluding observations of 12 June 2009, expressed concern that 43 per cent of children between 7 and 14 years of age do not complete the eighth grade of basic education at the proper age, despite the Government’s efforts to ensure the provision of compulsory elementary education free of charge and governmental programmes to encourage parents and caregivers to enrol young children in primary school (E/C.12/BRA/CO/2 paragraph 31).

Tourist activities. The Committee previously noted the ILO–IPEC information that the Ministry of Tourism had stepped up its initiatives to combat commercial sexual exploitation in the country’s tourist destinations. The Committee encouraged the Government to pursue these efforts.

The Committee notes the information available on the website for Brazil’s Ministry of Tourism that the Ministry, in cooperation with Brasilia University, tourism sector businesses and civil society groups, has established the Sustainable Tourism and Childhood Programme, which aims to combat the commercial sexual exploitation of children in the country. The project consists of projects and campaigns in the northeast of the country for both prevention and awareness raising purposes, and includes the participation of non-governmental organizations, local law enforcement officials, official authorities, tour operators, hotels, taxi drivers, bus drivers and other professionals working in the industry. However, the Committee also notes the statement in a report entitled “Trafficking in Persons Report 2010 – Brazil”, available on the website of the Office of the High Commissioner for Refugees, that child sex tourism remains a serious problem in the country, particularly in resort and coastal areas in Brazil's north east.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. State without child labour – Bahia. The Committee previously noted that, in the context of the Bahia Decent Work Agenda, the Brazilian authorities and ILO–IPEC began implementing, in March 2008, a national aid project to make Bahia the first state in the country to be free of child labour.

The Committee notes the information in the ILO–IPEC Technical Progress Report for the project “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that a total of 11,993 children have been identified and removed from child labour in the state thus far, through joint activities of the Ministry for the Social Development and Combating Hunger and the Labour Prosecutor’s Office. This ILO–IPEC report also indicates that the provision of services has begun to these children who have been removed. This ILO–IPEC report further indicates that studies have been undertaken on the situation of girls, boys and adolescents working in agriculture, the urban informal sector and child domestic labour, as well as those who are victims of commercial sexual exploitation, drug cultivation and trafficking.

Clause (d). Children at special risk. Orphans and other vulnerable children due to HIV/AIDS. In its previous comments, the Committee noted the information from UNAIDS and the World Health Organization of December 2008 that the number of persons living with the HIV virus in Brazil was approximately 730,000. It also noted that the Government was implementing a national framework for preventing and combating HIV/AIDS, which covers children who have been orphaned as a result of the virus.

The Committee notes the information in Brazil’s UNGASS Country Progress Report of March 2010 that there were 11,523 HIV-related deaths in 2008. The Government also indicates in this report that it has a national action plan specifically for orphans and vulnerable children.

Article 8. International cooperation. The Committee notes the information in the Government’s report that one of the four subcommittees of the National Council for the Elimination of Child Labour (CONAETI) focuses on international relations and South–South cooperation related to child labour. The Government indicates that this subcommittee provides a channel for dialogue and cooperation, and allows the Government to promote international cooperation in the sphere of child labour. The Committee notes with interest that, through a partnership between the ILO and the Brazilian Agency for Cooperation (part of the Ministry of Foreign Relations), the Government engages in technical cooperation to share its successes and best practices in the areas requested by the partner countries. The Government indicates that this cooperation strategy is centred on institutional strengthening of the partners, as a fundamental condition for the effective transfer and absorption of knowledge. The Government also indicates that this technical cooperation occurs with: (i) countries whose official language is Portuguese; (ii) MERCOSUR countries; (iii) countries of the Andean community and some Central American and Caribbean countries; and (iv) countries involved in the India, Brazil and South Africa initiative. The Government further indicates that it maintains technical cooperation relations in the sphere of child labour with many countries, and that it has concluded bilateral agreements with Haiti, Ecuador and Peru. Cooperation agreements were also signed with Timor Leste, Bolivia and Paraguay, for projects to be implemented in 2010 and 2011.