Govt cited for lack of enforcement of laws against forced labour

ꟷ State Dept report says fines too low to deter child labour

While there are laws against forced labour and for the protection of children from child labour, a key finding from the State Department in a 2019 report is that the Government did not sufficiently enforce these laws.

According to the State Department’s 2019 report on human rights practices, the penalties are in the first instance too small to deter persons from breaking the labour laws. This is especially so when it comes to child labour laws.
“The law prohibits all forms of forced or compulsory labour, but the Government in general did not effectively enforce the law despite an increase in awareness and inspection programmes. Penalties for forced labour under trafficking-in-persons laws include forfeiture of property gained as a result of the forced labour, restitution to the victim, and imprisonment.”
“Administrative labour law penalties are small monetary fines, deemed insufficient to deter violations and rarely enforced. Country experts reported that forced and compulsory labour occurred in the gold mining, agriculture, and forestry sectors, as well as domestic servitude. Children were particularly vulnerable to forced labour and sex trafficking.”
The Department also noted that while the law prohibits children younger than 15 from being employed, it does not sufficiently prohibit some forms of child labour. The report cited what obtains in technical schools.
“No person younger than 18 may be employed in industrial work at night. Exceptions are for those ages 16 and 17 whose work requires continuity through day and night, including certain gold mining processes and the production of iron, steel, glass, paper, and raw sugar.”
“The law does not specifically prohibit the use, procuring, or offering of a child for the production and trafficking of drugs. The law permits children younger than 15 to be employed only in enterprises in which members of the same family are also employed.”
The State Department also said that the law does not provide enough protection for persons younger than 18 to ensure that they are not in work environments hazardous to their health and safety. It again cited issues with the enforcement of the existing laws.
“The Government did not enforce laws effectively. The Ministry of Social Protection collaborated with the Ministry of Education, Geology and Mines Commission, Guyana Forestry Commission, National Insurance Scheme, and Guyana Police Force to enforce child labour laws,” it said.
“Fines for child labour offences are low and were not sufficient to deter violations. The Government infrequently prosecuted employers for violations relating to child labour. Child labour occurred and was most prevalent in farming, bars and restaurants, domestic work, and street vending. Small numbers of children also performed hazardous work in the construction, logging, farming, and mining industries.”
According to the State Department, reports indicate that the gold mining industries and domestic servitude account for the worst forms of child labour. Not only was it illegal, but children in the gold mines were exposed to hazardous chemicals including mercury.