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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 Worst Forms of Child Labour Convention, 1973 (No. 138) Venezuela (ratification: 1987) Published: 2012 Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted the statements of the International Trade Union Confederation (ITUC) to the effect that child labour was widespread in the informal sector and in non-regulated activities in the country. According to certain estimates, some 1.2 million children were working, particularly in agriculture and domestic service and as street vendors, and more than 300,000 were working in the informal economy. It noted the Government’s statement that, despite the lack of official statistics on the number of working children and young persons, it doubted the accuracy of the ITUC estimates in this area. However, it also observed that the Government itself did not provide any recent statistics on the total number of children working in the formal and informal sectors of the economy. While noting the measures taken by the Government to ensure the effective abolition of child labour, the Committee expresses its concern at the lack of available statistics relating to the nature, extent and trends of child labour in the Bolivarian Republic of Venezuela. Article 3 clause (1). Age of admission to hazardous work. The Committee notes that section 96(1) of the Act of 1998 concerning the protection of children and young persons forbids the employment of young persons between 14 and 18 years of age in the types of work expressly prohibited by the law. However, the Committee notes that this Act does not specify which types of work are prohibited. Article 3(2). Determination of types of hazardous work. The Committee notes with regret that no list of hazardous types of work prohibited for children and young persons under 18 years of age appears to have been adopted to date. Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes with regret that the Government’s report once again contains no information on the progress of the work of INPSASEL with regard to the adoption of a decree fixing minimum ages for the performance of hazardous types of work, in accordance with the provisions of the Convention. It reminds the Government that, in accordance with Article 3(3) of the Convention, the employment or work of young persons between 16 and 18 years of age is only authorized under strict conditions relating to protection and prior training. It underlines the fact that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on the performance of hazardous types of work by young persons under 18 years of age and should not be interpreted as an overall authorization to employ young persons in hazardous work from the age of 16 years. ============== CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Venezuela (ratification: 2005) Published: 2012 Articles 3, clauses (a) and (b), and 7(1) of the Convention. Sale and trafficking of children; use, procuring or offering of a child for prostitution; and penalties. The Committee previously noted, in its comments under the Forced Labour Convention, 1930 (No. 29), the comments made by the International Trade Union Confederation (ITUC) referring to the “widely reported” trafficking of women and children for prostitution. It also observed that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country. The Committee notes the statistics submitted in the Government’s report relating to the number of cases of trafficking, prostitution and pornography involving children and young persons recorded between 2007 and 2010 by the Division for investigations and for the protection of children, young persons, women and the family at the Ministry of People’s Power, Internal Relations and Justice. It observes that no cases of trafficking of children were reported in 2010, compared with four cases in 2009. As regards child prostitution, just one case was reported in 2010, compared with seven cases in 2009. The Committee also notes the information supplied in the Government’s report on the convictions handed down in two cases involving sexual exploitation and pornography. The Committee expresses its concern that the number of reported cases of trafficking and prostitution of children remains relatively low in view of the scope and persistence of this practice in reality. Articles 3, clause (d), and 4(1). Determination of hazardous types of work. Following its previous comments, the Committee notes that section 96(1) of the Act of 1998 concerning the protection of children and young persons states that young persons between 14 and 18 years of age may not be employed in work prohibited by law. However, the Committee observes that this provision does not specify the nature of the work that is prohibited. The Committee also notes that the Government’s report does not contain any information on progress made with regard to the adoption of a list of hazardous types of work prohibited for persons under 18 years of age. It notes with regret that no list appears to have been adopted to date. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children constitutes the worst forms of child labour, and that, under Article 1, each Member which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Furthermore, Article 4(1) provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing children from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee previously noted the adoption of the National Plan of Action against abuse and commercial sexual exploitation (PANAESC), the objectives of which include prevention of the sexual exploitation of young persons under 18 years of age, protection of young persons from such exploitation, and their rehabilitation. It also noted the adoption of the National Plan to prevent, combat and penalize the trafficking of persons and to assist the victims thereof (National Plan to combat trafficking). The Committee takes due note of the various awareness-raising and training activities relating to the sale, trafficking and commercial sexual exploitation of children. However, the Committee notes that the Government’s report does not supply any information on the measures taken to remove children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It observes that, according to the information contained in a 2011 report on the trafficking of persons in the Bolivarian Republic of Venezuela, available on the website of the United Nations High Commissioner for Refugees (UNHCR), there are no reception centres that cater specifically for the victims of trafficking. The report also indicates that although trafficking victims receive medical care and psychological assistance, rehabilitation services appear to be lacking. Article 8. International cooperation. The Committee noted that a regional legislative database relating to the prevention of, and action against, the sale and trafficking of children for sexual exploitation had been established in the context of participating in the “Niño Sur” initiative for the defence of the rights of children and young persons in the region. The Committee notes the Government’s indication that the National Committee on the Rights of Children and Young Persons (IDENA) has organized days relating to the comprehensive protection of children and young persons in border areas, in cooperation with Colombia. Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its conclusions on the Government’s second periodic report of October 2007, had regretted the lack of information and data on the sexual exploitation and sale of children (CRC/C/VEN/CO/2, paragraph 74). The Committee noted that, as part of the annual workplan of the National Institute of Statistics, various activities were carried out in collaboration with UNICEF to ensure the visibility of children and young persons within national statistics. The Committee notes the allegation made by the CTV that there is no reliable data collection mechanism for evaluating the number of children involved in the worst forms of child labour. The Committee notes that, while statistical information relating to education was submitted in the Government’s reply to the allegations of the CTV, no information has been provided concerning the number of children and young persons engaged in the worst forms of child labour in the country.