GUYANA - CHILD LABOR REPORT 2010

UNCLAS GEORGETOWN 000058

SIPDIS
DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY AND TINA MCCARTER
DRL/ILCSR FOR SARAH MORGAN
G/TIP FOR LUIS CDEBACA

E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM GY
SUBJECT: GUYANA - CHILD LABOR REPORT 2010

REF: STATE 131995

1/TVPRA - FORCED OR EXPLOITIVE CHILD LABOR IN THE PRODUCTION OF
GOODS




1. (U) No evidence exists to suggest forced or exploitive
child labor occurs in the production of goods in Guyana. While
child labor does exist in certain forms in Guyana, it occurs
primarily in the informal sector, mainly domestic housework and
small-scale fishing, farming and vending. Sources including the
Ministry of Labor (MoL),the Ministry of Human Services and Social
Security (MoHSSS) and local non-governmental organizations support
this finding.




2. (U) Post reviewed the results of EDUCARE, a U.S. Department
of Labor-funded remedial education program to combat the worst
forms of child labor in Guyana. The report released in March 2008,
entitled "Child Labor in Guyana: A Descriptive Analysis of Recent
Findings," found that Guyana does not have a significant problem
with forced or exploitive child labor. Based on the data obtained
from the sample population, the study found that working children
are involved in family-based businesses of housecleaning, farm
work, washing, vending, cooking, caring for a child or senior
citizen, construction, and fishing. None of these activities
produce goods.



2/TDA - ADDITIONAL INFORMATION ON WORST FORMS OF CHILD LABOR



Prevalence and Sectoral Distribution of Exploitive Child Labor




3. (U) The best available evidence demonstrates that working
children in Guyana are involved primarily in family-based
businesses of housecleaning, farm work, washing, vending, cooking,
caring for a child or senior citizen, construction, and fishing.
The EDUCARE study of at-risk children in Guyana's population
centers concluded that the areas studied 'do not have a significant
problem with the worst forms of child labor, per ILO standards.' It
further found a 'very small' number (less than 1%) of the sample
studied engaged in Category II labor activity (work outlawed for
children under 18 or that has legislation being prepared to outlaw
it).




4. (U) The MoL does not publish statistics on exploitive child
labor.



Laws and Regulations




5. (U) The GoG neither proposed nor enacted any new laws
dealing with child labor during 2009. Guyana's Employment of
Young Persons and Children Act prohibits employment of children
under fifteen, with some exceptions (including for employment in
family-based businesses). The Occupational Safety and Health Act
also prohibits the employment of young persons and children from
performing any work that is likely to be hazardous, interferes with
their education, or is harmful to their physical, mental,
spiritual, moral or social health and development. Guyana ratified
ILO Convention 182 on January 15, 2001. In April 2006, Guyana's
Parliament passed an amendment to the Employment of Young Persons
and Children Act. The proposed amendment included a phrase defining
the "worst forms of child labor" and work that is likely to harm
the health, safety or morals of children, consistent with the ILO
Convention 182. The President did not assent to the measure and the
current Parliament has not resubmitted it.




6. (U) The Guyanese Constitution prohibits forced labor. The
Combating of Trafficking in Persons Act outlaws all forms of
trafficking. Guyanese law does not specifically prohibit child
pornography, although it does prohibit the selling, publishing or


exhibiting of any obscene material. The law prohibits the
compulsory enlistment of persons under the age of eighteen into the
armed forces. The current laws that prohibit child labor and
trafficking in persons prescribe the penalties for committing such
offenses including fines, restitution payments, forfeiture of
property, and possible life imprisonment.



Institutions and Mechanisms for Enforcement




7. (U) The MoL in Guyana regulates working conditions,
including occupational safety and health in productive industries.
The MoL collaborates with the Ministry of Education (MoE) to
prevent and monitor potential child labor and partners with the
Guyana Police Force (GPF) to enforce child labor laws. The
National Steering Committee on Child Labor is tasked with
recommending policies and programs that would eliminate child labor
in all its forms. Within the MoL, the chief labor officer serves
as the focal point for child labor issues. This officer handles
special investigations stemming from child labor complaints and
oversees routine labor inspections.




8. (U) The MoL employs twenty labor inspectors who assist the
chief labor officer in investigating reports of child labor in
Guyana. A labor inspector has the power to enter and examine any
premise at any time. In 2009, the MoL conducted approximately 3000
work place inspections, none uncovering child labor violations. In
addition to these MoL-initiated inspections, the labor inspectors
investigated 12 complaints over child labor lodged with the MoL.
Complaints may be communicated either via written letter or
telephone call to the Ministry. According to Labor Minister
Manzoor Nadir, none of these investigations substantiated a
complaint about bona fide exploitive or forced child labor and no
children were removed from dangerous situations.




9. (U) Minister Manzoor Nadir stated that the MoL does not
keep budget statistics for child labor prevention and mitigation
activities.




10. (U) One case initiated in 2008 against alleged child labor
exploiters is pending in the judicial system. The Ministry
launched no new prosecutions this year. The GoG did not provide
any child labor-related training in the past year, but two labor
inspectors from the MoL participated in a child labor seminar
sponsored by the TACKLE program (see Social Programs below for more
information).



Institutional Mechanisms for Effective Enforcement




11. (U) The GoG does not have separate institutions or enforcement
mechanisms for child trafficking, commercial sexual exploitation of
children and use of children in illicit activities. All prevention
and enforcement activities targeting these three forms of child
abuse involve the Ministry of Home Affairs (MoHA),including the
GPF, and the MoHSSS. The MoE and Ministry of Amerindian Affairs
may also be involved, depending upon circumstances.




12. (U) Budgetary information from the ministries on programs
combating child trafficking, commercial sexual exploitation of
children and use of children in illicit activities is not
available.




13. (U) The MoHA is the lead agency for combating TIP, with
Minister Clement Rohee serving as Chair of Guyana's National Task
Force for Combating Trafficking in Persons. The MoHA - which also
is the agency in charge of the GPF - is responsible for handling
the law enforcement side of TIP. The MoHSSS, led by Minister Priya
Manickchand takes the lead for victim-related issues. The GPF, the
MoE, and the Ministry of Amerindian Affairs participate in the

task force. Each agency - with the exception of the Amerindian
Affairs Ministry if the alleged victim is not Amerindian - also
plays a role in combating commercial sexual exploitation of
children and use of children in illicit activities. The GoG does
not have a similar national task force combating either commercial
sexual exploitation of children or the use of children in illicit
activities.



Government Policies on Child Labor




14. (U) According to Labor Minister Nadir, the GoG does not have a
comprehensive written strategy for combating and dealing with the
effects of child labor. Instead, he pointed to the TACKLE program
(described below) as country's flagship program against child
labor. The GoG also targets the elimination of child labor through
its poverty reduction programs and its significant investment in
the education sector. In 2009, the GoG continued efforts to
identify, investigate, and prosecute human trafficking cases,
despite judicial backlogs. The GoG also identified and provided
assistance to victims, and continued to conduct sensitization and
awareness activities. TACKLE is funded almost entirely by the
European Union; the MoL provides office space and some
administrative and technical support. The GoG does not currently
participate in any commissions, task forces or regional or
bilateral agreements for combating child labor.



Social Programs




15. (U) Launched in 2008, TACKLE is a three year, one million Euro
International Labor Organization/European Union-funded program for
reducing child labor through educational initiatives. TACKLE has
four objectives: i) to strengthen Guyana's legal framework for
combating child labor; ii) to enhance capacity to monitor, stop and
deal with the effects of child labor in the Ministry of Labor and
the Ministry of Human Services and Social Security; iii) to prevent
child labor by deploying student retention programs; and iv) to
raise public awareness about child labor and disseminate action
information for combating it. Though active for over a year,
TACKLE has not yet made progress in implementing any of these four
objectives. The program's coordinator attributes this delay to
challenges in adapting the TACKLE model to local circumstances and
a lack of capacity among local educational institutions applying
for retention programs.
WILLIAMS