US State Department report shows loopholes in enforcing labour laws

The 2015 United States Department report on Guyana has outlined a number of loopholes in the government’s enforcement of labour laws.
On Sunday, Guyana observed Labour Day with the traditional May Day rally. Hundreds of workers and activists marched through the streets of Georgetown calling for better wages and working conditions for the working class.

Participants at the Labour Day Parade last Sunday

For the first time in history, participants joined a rally hosted by the Guyana Trade Union Congress (GTUC) and the Federation of Independent Trade Unions of Guyana (FITUG).
At the event, Government officials and Trade Union representatives spoke of efforts to address issues of wages and salaries, protection from sexual harassment, child labour, trafficking in persons, and domestic violence affecting the working class.
However, in its 2015 report the US State Department specifically highlighted issues associated with child labour and forced labour under trafficking in persons.
The State Department noted that Guyana’s resources to inspect and monitor the labour conditions have been inadequate. According to the document, country experts reported that forced and compulsory labour occurred in Guyana‘s mining, agriculture, and forestry sectors. This is in addition to domestic servitude and child labour.
The report said, “Last September the government sentenced an employer for the forced labour and sexual exploitation of an employee. It ordered restitution be paid to that employee. Administrative labour law penalties were small monetary fines, insufficient to deter violations, and rarely enforced.”
However, it was reported that “penalties for forced labour under trafficking in persons’ laws included forfeiture of property gained as a result of the forced labour, restitution to the victim, and imprisonment for three to five years,” the report stated.
In relation to the prohibition of child labour and minimum age for employment in Guyana, the US Government pointed out that child labour is most prevalent in family-based businesses, farming, bars and restaurants, domestic work, and street vending.
“Small numbers of children also performed hazardous work in the construction, logging, farming, fishing, manufacturing, and mining industries.
Non-Governmental Organisations, (NGOs) reported incidences of the worst forms of child labour occurred, mainly in gold mining, prostitution, and forced labour activities including domestic servitude.”
In reference to information provided by the NGOs, the State Department reported that children who worked in gold mines operated dangerous mining equipment and were exposed to hazardous chemicals, including mercury.
The report indicated, “The law prohibits the employment of children younger than 15 years old, with some exceptions. Technical schools may employ children as young as 14 years old provided a competent authority approves and supervises such work.”
“The law prohibits children under 15 years old from working in factories and stipulates that those under the age of 18 years may be removed from factory work if authorities determine they are engaged in activities hazardous to their health or safety.”
However, the State Department said that the government did not enforce existing laws effectively.
The Department said that the Ministry of Social Protection collaborated with the Ministry of Education, the Geology and Mines Commission, the Guyana Forestry Commission, the National Insurance Scheme and the GPF to enforce child labour laws.
“The court can issue a fine of $10,000 (US$50) for the first violation of laws regarding child labour and $15,000 (US$75) for subsequent offences.  But as of 2013, the latest year for available data, authorities have not assessed fines or penalties, nor did they charge any employers with violations related to child labour,” the report stated.