Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Jamaica (Ratification: 2003)

Other comments on C182

Observation

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Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Sale and trafficking of children. The Committee takes note of the information shared by the Government in its report regarding the four cases of child trafficking for sexual exploitation that were prosecuted and convicted between 2016 and 2021, and the three cases of child trafficking for labour exploitation that, in 2022, were still in progress before the courts. The penalties imposed on the perpetrators convicted range from severe fines to three to eight years of imprisonment. The Committee requests the Government to continue to ensure that sufficiently effective and dissuasive sanctions are imposed in practice for the offence of child trafficking for both labour and sexual exploitation. It also requests the Government to continue to provide information on the number and nature of prosecutions and penalties imposed for these offences.

Clause (b).Use, procuring or offering of a child for prostitution. In its previous comments, the Committee took note of section 39 of the Child Care and Protection Act (CCPA), 2004, which provides for penalties to any person who employs a child under the age of 18 years in a night club or in any manner, uses a child for purposes contrary to decency or morality. The Government also indicated that amendments to the CCPA would explicitly address children being used for prostitution.

In this regard, the Committee notes that the Government does not indicate whether the amendments to the CCPA have been adopted. Moreover, the Committee observes that the cases of sexual exploitation of children, to which the Government refers in its report, all deal with persons who have recruited, forced or lured children into prostitution, and that the Government does not indicate whether the persons who have used these children for prostitution, that is the clients, have been prosecuted and convicted. The Committee urges the Government to take measures to ensure the that persons who use a child under 18 years of age for the purpose of prostitution are submitted to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to take measures to explicitly set out in law the prohibition of the use of children under 18 for prostitution, either through the amendments to the CCPA or otherwise in the country’s penal legislation. It requests the Government to provide information on the progress made in this regard.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Trafficking of children. In response to its previous comments, the Committee notes the Government’s indication that the National Task Force Against Trafficking in Persons (NATFATIP) has continued its efforts in the areas of prosecution, protection, prevention and partnership throughout 2019 to 2022, resulting in hundreds of investigations regarding trafficking for sexual exploitation and forced labour, and leading to six cases in which the victim was a child. Furthermore, the Government is continuing to build the capacity of its officials, including customs officers and justices, as well as of other stakeholders, including NGOs, foster parents, unions and employer associations, through trainings on anti-trafficking enforcement, policies, laws and standard operating procedures. The Committee encourages the Government to continue its efforts to ensure the protection of children from trafficking for both labour and sexual exploitation, including through the activities undertaken by NATFATIP. It also requests the Government to continue to ensure that thorough investigations and prosecutions of perpetrators of child trafficking are carried out and to continue to provide information on the measures taken in this respect and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s indication that it continues to build the capacity of its workers and other stakeholders to identify and protect victims of trafficking in persons. The Committee notes, however, the Government’s indication that the statistical data on the number of children reached by the measures taken are not available, as this information is not being recorded, and that efforts will be undertaken to address the gap. The Committee encourages the Government to continue its efforts to prevent children from falling victims to trafficking for labour or sexual exploitation and to provide for their removal from such situations and subsequent rehabilitation and social integration, and requests it to provide information on the measures taken in this regard. It also requests the Government to take the necessary measures to ensure that information is available on the results achieved, in terms of the number of children reached through such measures, and to provide this information in its next report.

The Committee is raising other matters in a request addressed directly to the Government.