Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that according to section 22(1) of Sexual Offences Act No. 1 of 1998, any person who unlawfully takes away or causes to be taken away or detains another person for marriage or for sexual intercourse or for the commission of a crime shall be guilty of an offence. The Committee also noted the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/8/Add.48, 15 October 2003, paragraph 460) that section 51 of the Offences Against the Person Act makes it an offence to fraudulently lure, take away or detain a woman under the age of 18 years. The Committee observed that the above laws only prohibit the abduction of girls under 18 years of age for sexual purposes.

The Committee notes an absence of information on any legislative developments relating to prohibiting the trafficking in children in the Government’s report. Recalling that Article 3(a) prohibits the sale and trafficking of both boys and girls for the purposes of both labour and sexual exploitation, the Committee urges the Government to take the necessary measures to prohibit this worst form of child labour for all children under 18 years of age.

Clause (b). Use, procuring or offering of a child for the production of pornography and for pornographic performances. The Committee previously noted that the national legislation did not appear to contain any provision addressing child pornography. Noting an absence of information on this point in the Government’s report, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 6 of Children and Young Persons Act No. 17 of 1970 prohibits the use of a juvenile under 18 years in begging, but noted that the Government did not provide information on legislation prohibiting the engagement of children in other illicit activities. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the legislative provisions prohibiting the use, offering or procuring of a child under 18 years for the production and trafficking of drugs. If there are no such provisions, the Committee requests the Government to take the necessary measures in this regard, as well as to adopt appropriate penalties pursuant to Article 3(c) of the Convention.

Clause (d). Hazardous work. The Committee previously noted that, according to section 7(1) of the Employment of Women, Young Persons and Children Act, no young person (under 18) shall be employed or work during the night in any public or private industrial undertaking, other than an undertaking in which only members of the same family are employed. The Committee noted that there was no other provision which prohibits the employment of young persons in work which is likely to jeopardize their health, safety or morals. The Committee reminded the Government that, by virtue of Article 3(d) of the Convention, work, which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18 years of age, is considered as one of the worst forms of child labour.

The Committee notes the statement in the Government’s report that a national consultation is scheduled for December 2011, which will include developing a legal prohibition on the performance of hazardous work for all persons under the age of 18. The Committee urges the Government to pursue its efforts to ensure the adoption of the prohibition of the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. It requests the Government to provide a copy of the relevant legislation, once adopted.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s statement that the social partners will be consulted for the determination of the list of types of hazardous work. In this regard, the Committee notes the information in the Government’s report that the national consultation, scheduled for December 2011, will include the development of a list of types of hazardous work prohibited for persons under the age of 18, to be submitted to the Government for its consideration. The Committee requests the Government to pursue its efforts, in consultation with the social partners, towards the development of a list of types of hazardous work prohibited to children under the age of 18. It requests the Government to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s indication that measures would be taken to broaden the existing mandate of the national inspectorate in order to cover child labour issues, in consultation with the social partners. It also noted that the Labour Statistics Act provides for the appointment of a labour officer for the preparation and publication of labour statistics and who may inspect workplaces or any premises in which workers are employed and require the necessary information for that purpose. Noting an absence of information on this point in the Government’s report, the Committee encourages the Government to take the necessary measures to strengthen and broaden the mandate of the labour inspectorate in order to build an effective inspection service entitled, among others, to perform inspections with regard to child labour and to detect violations of the provisions giving effect to this Convention. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action to eliminate the worst forms of child. In its previous comments, the Committee noted the Government’s indication that consultations will be held with social partners with a view to devising programmes appropriate to a national campaign for the prohibition of the worst forms of child labour. Noting an absence of information on this point in the Government’s report, the Committee once again encourages the Government to take the necessary measures to adopt programmes of action for the elimination of the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7(1). Penalties. The Committee previously noted that the Sexual Offences Act provides for penalties of imprisonment for the offences related to abduction or unlawfully taking away or detaining a person for sexual intercourse (section 22), procuring or inducing a minor for prostitution (section 18), and for having sexual intercourse with a minor employee (section 10). The Committee once again requests the Government to provide information on the measures taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the provisions of Education Act No. 11 provide for free and compulsory education to all children from the ages of 5–16 years (sections 2, 14, 15 and 16). Section 36 of the Education Act requires every parent to ensure that the child receives education through regular attendance at a school.

The Committee notes the information in the 2011 UNESCO Global Monitoring Report – Education for All that, between 1999 and 2008, the net enrolment rate for primary education fell from 94 per cent to 72 per cent. This report also indicates that the number of out-of-school children of primary school age rose from 400 children in 1999 to 3,000 children in 2008. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve access to free basic education for all children. It requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Clause (d). Identify and reach out to children at special risk. Carib Indian children. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.238, 30 June 2004, paragraph 49) expressed concern about the limited enjoyment of the rights of Carib Indian children particularly with regard to their access to education. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to promote access of Carib Indian children to education, thereby preventing them from being engaged in the worst forms of child labour.

Application of the Convention in practice. 1. Statistical information. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in Dominica and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these 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 penal sanctions applied.

2. Decent Work Country Programme. The Committee notes the information in the Government’s report that it launched its Decent Work Country Programme (DWCP) in 2011. The Government indicates that one of the main priorities of the DWCP is the review of labour legislation, which is currently being discussed by the social partners, through the Industrial Relations Advisory Committee. The Committee encourages the Government to take into consideration, during the review of the relevant legislation through the DWCP, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on any progress made in this regard and invites it to consider seeking technical assistance from the ILO to bring its legislation into conformity with the Convention.