Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Saint Vincent and the Grenadines (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, observing that the national legislation did not contain a prohibition on the trafficking of children, the Committee requested the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years for labour and sexual exploitation.

The Committee notes with interest the Government’s indication that the Parliament passed the Human Trafficking Act in October 2011 which prohibits the sale and trafficking of children under 18 years. The Committee requests the Government to supply a copy of the Human Trafficking Act of 2011 along with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances did not appear to be prohibited in the national legislation. The Committee notes the Government’s statement that it will take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography and for pornographic performances. Recalling that under the terms of Article 3(b) of the Convention, the use, procuring or offering of children under 18 years for prostitution, for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that in accordance with Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour, the Committee urges the Government to take the necessary measures, without delay, to prohibit the use, procuring or offering of a child under 18 years for prostitution, for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes the Government’s indication that measures will be taken to bring about a prohibition on the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs. Recalling once again the principles underlined in Article 3(c) read in conjunction with Article 1 of the Convention, the Committee urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is expressly prohibited in the national legislation, as a matter of urgency.

Clause (d). Hazardous work. The Committee previously noted that the Employment of Women, Young Persons and Children Act (EWYPC Act), did not contain a general prohibition on the employment of children below 18 years in hazardous work, other than the prohibition on night work in any industrial undertaking (section 3(2)). The Committee notes the Government’s indication that no initiative has been taken so far to prohibit or regulate the employment of children under 18 years. However, the Committee notes the Government’s statement that the issue will be discussed during the tripartite consultations to be held by the end of 2011. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that legislation relating to the prohibition on hazardous work by children under 18 years will be finalized and adopted in the near future. The Committee requests the Government to provide information on any developments made in this regard.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that efforts have begun to determine the types of hazardous work prohibited to children under 18 years. The Committee notes from the Government’s report that the tripartite constituents from several CARICOM countries attended a workshop held in Grenada in October 2011 to develop a list of types of hazardous work in their respective countries. The Committee also notes the Government’s indication that the Department of Labour, the tripartite partners and other stakeholders will begin the process of compiling a list of types of hazardous work prohibited to children under 18 years, taking into consideration Paragraph 3 of Recommendation No. 190. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that a list of types of hazardous work prohibited to children under 18 years is developed in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child victims of sexual exploitation and street boys. The Committee previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, paragraph 384), there were cases where children were involved in prostitution, especially street boys who were found to be involved in unlawful sexual practices with men for reward. The Committee also noted that in its concluding observations (CRC/C/15/Add.184, paragraph 47), the CRC recommended the Government to undertake studies to examine the phenomenon and to develop policies and programmes for the prevention, recovery and reintegration of these child victims.

The Committee notes the Government’s statement that no study or data are available on the prevalence of sexual exploitation of children, including boys, and therefore, no measures have been taken for their withdrawal and rehabilitation. The Committee notes, however, the Government’s statement that measures will be taken by the competent authorities to combat the commercial sexual exploitation of children and for their rehabilitation. The Committee requests the Government to provide information on the measures taken for the withdrawal and rehabilitation of children involved in commercial sexual exploitation, including boys. Moreover, considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that so far no infringements, prosecutions, convictions or penal sanctions have been recorded at the law enforcement agencies or by the labour inspectors concerning the worst forms of child labour. The Committee notes, however, the Government’s information that data and information on the nature, extent and trends of the worst forms of child labour are still not available. The Committee once again requests the Government to take the necessary measures to ensure that sufficient data on the situation of children involved in the worst forms of child labour are made available. It requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by age and sex.