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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
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 In its previous comments, the Committee noted that section 51 of the Offence against the Person Act, Chapter 10:31 criminalizes the abduction of girls under the age of 18 years for sexual purposes. The Committee, however, noted the absence of legislative provisions specifically prohibiting the trafficking of children (boys and girls) for sexual and labour exploitation and urged the Government to take the necessary measures in this respect.
While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption of the Transnational Organized Crime (Prevention and Control) Act (Act No. 13 of 2013), which under section 8 introduces the offence of trafficking in persons for sexual and labour exploitation and under section 13 provides for a penalty of life imprisonment for the commission of trafficking in persons when the victim is a child. Section 2 of the Act defines “child” as a person under 18 years of age. The Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed on perpetrators of trafficking of children under sections 8 and 13 of the Transnational Organized Crime (Prevention and Control) Act.
Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances. In its previous comments, the Committee noted that under section 18 (a) of the Sexual Offences Act (Act No. 1 of 1998), a person who procures or induces a minor to have sexual intercourse with any person is liable to imprisonment for twenty five years. The Committee also noted that no legislative provision existed prohibiting child pornography. The Committee requests the Government to take the necessary measures 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 and subject to dissuasive sanctions. The Committee also requests the Government to provide information on the application in practice of section 18 (a) of the Sexual Offences Act, including information on the number of investigations, prosecutions, convictions and penalties imposed on persons for procuring children under 18 years of age for prostitution.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Children and Young Persons Act, Chapter 37:50 prohibits the use of persons under 18 years of age for begging, however it also noted the absence of information on legislation prohibiting the use of children in other illicit activities. The Committee once again requests the Government to take measures to ensure that the use, offering or procuring of children under 18 years of age for illicit activities, including the production and trafficking of drugs is prohibited and punishable by dissuasive sanctions. The Committee requests the Government to provide information on any developments made in this respect.
Clause (d) and Article 4(1). Hazardous work. With regard to the prohibition and determination of hazardous types of work for children under the age of 18 years, the Committee refers to its comments under the Minimum Age Convention, 1973 (No. 138).
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the Government’s intention to devise a national campaign for the elimination of the worst forms of child labour, in consultation with social partners. The Committee once again requests the Government to provide information on the progress made towards the development and adoption of national programmes of action for the elimination of the worst forms of child labour, in consultation with the social partners.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In previous comments, the Committee noted that the Education Act (No. 11 of 1997) guarantees free and compulsory education of all children aged 6 to 16 years (section 16 read together with section 27 of the Act). The Committee notes that, according to UNESCO statistics, the net enrolment rate in primary education (children aged 6 to 11 years) slightly dropped from 95.6 per cent in 2011 to 92.4 in 2019; whereas the net enrolment rate in secondary education (children aged 12 to 16 years) increased from 72.7 per cent in 2011 to 87 per cent in 2019. The Committee notes that, according to the 2017 UNICEF Situation analysis of children in the Commonwealth of Dominica, pregnant teenagers face stigma and often choose to discontinue school, and that young mothers who wish to continue their education through alternative course work are discouraged due to fees, childcare requirements and lack of support (page 51). Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue promoting access to free basic education for all children, including pregnant teenagers and teenage mothers. In this regard, the Committee requests the Government to provide information on effective and time-bound measures taken or envisaged to that effect.
Clause (d). Children at special risk. Kalinago (Carib) children. In its previous comments, the Committee noted that the indigenous Kalinago children (previously referred to as Carib children) faced limitations in the enjoyment of their rights and requested the Government to provide information on measures taken to promote their access to education. The Committee notes that according to the National Resilience Development Strategy 2030 adopted by the Government in 2018, members of the Kalinago people suffer from low educational attainment, unemployment and poverty (page 128). Moreover, the 2017 UNICEF Situation analysis of children in the Commonwealth of Dominica indicates that a large proportion of the Kalinago population are children and youth, and 49.9 per cent of such population lives in poverty compared to a national average of 28.8 per cent (page 26). In this regard, the Committee requests the Government to provide information on effective and time-bound measures taken or envisaged to improve the educational attainment of Kalinago children, so as to prevent their engagement in the worst forms of child labour, and the results achieved.
Application of the Convention in practice. The Committee requests the Government to intensify its efforts to provide updated statistical information on the nature, extent and trends of the worst forms of child labour in the country, as well as on the number of children covered by the measures taken to give effect to the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
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 dropout 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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
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 dropout 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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.
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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
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.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
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.

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

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 the 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 the 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 the 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.
Part V of the report form. Application of the Convention in practice. 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.
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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted that according to section 22(1) of the 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 allure, 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 therefore requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of all children, including boys under the age of 18 years for sexual as well as labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee noted that, by virtue of articles 4 and 5 of the Constitution, no person shall be held in slavery or servitude or required to perform forced labour or shall be subject to torture or to inhumane or degrading punishment or other treatment.

3. Compulsory recruitment of children for use in armed conflict. The Committee noted that the Government has not provided any information under this point. The Committee noted, however that according to a report entitled Child Soldiers Global Report 2008 – Caribbean, available at the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), Dominica has no military forces, and that security is the responsibility of the police forces. It further noted the information from the same report that the minimum age for the recruitment to the police force is 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that the Sexual Offences Act contains a number of provisions relating to the prohibition of procuring or offering of a person, including a child for prostitution. Section 18 states that any person who procures or induces a minor to have sexual intercourse with another person, or conspires for the procurement of a minor for sexual intercourse shall be punished. Section 10 prohibits any adult from having sexual intercourse with a minor employee. Moreover, procuring another person for prostitution or to become an inmate of a brothel (section 18); procuring defilement of a person (section 19); unlawful detention of a person with intent to have sexual intercourse (section 20); living on the earnings of prostitution (section 25); and keeping, managing or assisting in the management of a brothel (section 24) are all punishable under the Sexual Offences Act. It noted that, according to section 2 of the Sexual Offences Act, a “minor” is a person under the age of 18 years.

2. Use, procuring or offering of a child for the production of pornography and for pornographic performances. The Committee noted that the national legislation does not appear to contain any provision addressing child pornography. The Committee accordingly 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 noted that section 6 of the Children and Young Persons Act No. 17 of 1970 prohibits the use of a juvenile under 18 years in begging. However, the Committee noted that the Government’s report contains no information on legislation that prohibits the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee accordingly 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 indicate the measures taken or envisaged in this regard, as well as the penalties envisaged, pursuant to Article 3(c) of the Convention.

Article 3, clause (d). Hazardous work. The Committee 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 is 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, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures as a matter of urgency to ensure that 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, is prohibited.

Article 4(1). Determination of hazardous work. The Committee noted the Government’s statement that the social partners will be consulted for the determination of the list of types of hazardous work. The Committee requests the Government to provide information on any progress made with regard to the determination of the list of types of hazardous work to be prohibited for persons under 18 years, in consultation with the social partners.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication that measures will 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. 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 labour. The Committee noted the Government’s information 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. The Committee 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 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 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. Education. The Committee noted that the provisions of the 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 27 of the Education Act requires every child of compulsory school age to attend a school and section 36 requires every parent to ensure that the child receives education through regular attendance at a school. The Committee noted, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.238, 30 June 2004, paragraph 42) expressed deep concern at the quality of education, access to education by pregnant girls and teenage mothers and the high drop-out rates, in particular among boys. The Committee requests the Government to take the necessary measures to improve access to education of pregnant girls and teenage mothers and to reduce the drop-out rates of children, in particular boys. It requests the Government to provide information on the measures in this regard.

Clause (d). Identify and reach out to children at special risk. Carib Indian children. The Committee 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. The Committee 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.

Parts IV and V of the report form. Application of the Convention in practice. The Committee 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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 22(1) of the 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 notes 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 allure, take away or detain a woman under the age of 18 years. The Committee observes that the above laws only prohibit the abduction of girls under 18 years of age for sexual purposes. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of all children, including boys under the age of 18 years for sexual as well as labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that, by virtue of articles 4 and 5 of the Constitution, no person shall be held in slavery or servitude or required to perform forced labour or shall be subject to torture or to inhumane or degrading punishment or other treatment.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information under this point. The Committee notes, however that according to a report entitled Child Soldiers Global Report 2008 – Caribbean, available at the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), Dominica has no military forces, and that security is the responsibility of the police forces. It further notes the information from the same report that the minimum age for the recruitment to the police force is 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Sexual Offences Act contains a number of provisions relating to the prohibition of procuring or offering of a person, including a child for prostitution. Section 18 states that any person who procures or induces a minor to have sexual intercourse with another person, or conspires for the procurement of a minor for sexual intercourse shall be punished. Section 10 prohibits any adult from having sexual intercourse with a minor employee. Moreover, procuring another person for prostitution or to become an inmate of a brothel (section 18); procuring defilement of a person (section 19); unlawful detention of a person with intent to have sexual intercourse (section 20); living on the earnings of prostitution (section 25); and keeping, managing or assisting in the management of a brothel (section 24) are all punishable under the Sexual Offences Act. It notes that, according to section 2 of the Sexual Offences Act, a “minor” is a person under the age of 18 years.

2. Use, procuring or offering of a child for the production of pornography and for pornographic performances. The Committee notes that the national legislation does not appear to contain any provision addressing child pornography. The Committee accordingly 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 notes that section 6 of the Children and Young Persons Act No. 17 of 1970 prohibits the use of a juvenile under 18 years in begging. However, the Committee notes that the Government’s report contains no information on legislation that prohibits the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee accordingly 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 indicate the measures taken or envisaged in this regard, as well as the penalties envisaged, pursuant to Article 3(c) of the Convention.

Article 3, clause (d). Hazardous work. The Committee notes 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 notes that there is no other provision which prohibits the employment of young persons in work which is likely to jeopardize their health, safety or morals. The Committee reminds 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, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures as a matter of urgency to ensure that 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, is prohibited.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s statement that the social partners will be consulted for the determination of the list of types of hazardous work. The Committee requests the Government to provide information on any progress made with regard to the determination of the list of types of hazardous work to be prohibited for persons under 18 years, in consultation with the social partners.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that measures will 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 notes 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. 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 labour. The Committee notes the Government’s information 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. The Committee 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, paragraph 1. Penalties. The Committee notes 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 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, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that the provisions of the 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 27 of the Education Act requires every child of compulsory school age to attend a school and section 36 requires every parent to ensure that the child receives education through regular attendance at a school. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.238, 30 June 2004, paragraph 42) expressed deep concern at the quality of education, access to education by pregnant girls and teenage mothers and the high drop-out rates, in particular among boys. The Committee requests the Government to take the necessary measures to improve access to education of pregnant girls and teenage mothers and to reduce the drop-out rates of children, in particular boys. It requests the Government to provide information on the measures in this regard.

Clause (d). Identify and reach out to children at special risk. Carib Indian children. The Committee notes 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. The Committee 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.

Parts IV and V of the report form. Application of the Convention in practice. The Committee 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.

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