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

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

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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 the Government’s information that Trinidad and Tobago had no statutory provision to prohibit the sale and trafficking of children. The Committee notes the Government’s statement that, while there are still no specific statutory provisions directly prohibiting the trafficking of children, various pieces of legislation prohibit the sale of children (such as the Offences Against the Persons Act, the Summary Offences Act, the Children Act (and amendments), the Sexual Offences (Amendment) Act, the Kidnapping Act, the Children’s Authority Act and the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act, 2007).

The Committee also notes the Government’s statement that it is currently considering a draft Caribbean Counter-Trafficking Model Legislation, presented by the International Organization for Migration (IOM). The 2009 report on trafficking in persons in Trinidad and Tobago, available on the Office of the High Commissioner for Refugees website (www.unhcr.org) (Trafficking Report) indicates that experts were engaged to assist with writing an anti-trafficking law for Trinidad and Tobago. The Committee further notes that the Children Bill (introduced in Parliament in January 2010) contains provisions prohibiting the trafficking of children. Section 61 of this Bill makes it an offence to recruit, transport, transfer, harbour or receive a child by means of threat or use of force or other forms of coercion; abduction; fraud; deception; or the abuse of power. Section 2(1) of the Children Bill defines a child as a person under 18 years of age. However, the Committee notes with regret that, according to the information available on the website of the Parliament of Trinidad and Tobago (www.ttparliament.org) the Children Bill lapsed, as of 10 April 2010, following the dissolution of the session of Parliament. The Committee also notes that the Children Bill has yet to be re-introduced in the current session of Parliament.

The Committee notes the information in the Trafficking Report that Trinidad and Tobago is a destination and transit country for women and children trafficked for the purpose of commercial sexual exploitation. Women and girls from Colombia, Bolivarian Republic of Venezuela, Guyana, Suriname and the Dominican Republic have been identified as trafficking victims in Trinidadian brothels and casinos. The Trafficking Report also indicates that Trinidad and Tobago is a transit point to Caribbean destinations such as Barbados and the Netherlands Antilles for traffickers and their victims. The Committee further notes the statement in a report on the trafficking in persons of 14 June 2010 (also available on the website of the Office of the High Commissioner for Refugees) that the lack of comprehensive legislation criminalizing human trafficking was a significant limitation in the Government’s ability to address human trafficking in Trinidad and Tobago. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. Therefore, the Committee urges the Government to take the necessary measures to ensure that the legislation prohibiting the sale and trafficking of persons under 18 is adopted in the near future.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s statement that the existing legislation does not contain specific provisions addressing child pornography.

The Committee notes the Government’s indication that sections 56–60 of the proposed Children Bill contain provisions prohibiting the use, procuring or offering of children for the production of pornography. Section 2 of the Children Bill defines child pornography as a photograph, film, video or other visual representation that shows, for a sexual purpose, a person who is or is depicted as being under 18 years of age engaging in or depicted as engaging in explicit sexual activity or conduct. Section 56 of the Children Bill prohibits the making of child pornography (or permitting it to be made), and section 58 prohibits intentionally causing or inciting a child to be involved in pornography, in any part of the world. Section 60 prohibits arranging or facilitating a child to be involved in child pornography. Observing that the Children Bill lapsed in April 2010, the Committee once again urges the Government to take immediate measures to prohibit the use, procuring or offering of a person under 18 years of age for the production of pornography and pornographic performances, in the near future. It requests the Government to provide a copy of the relevant legislation, once adopted.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee previously requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for the production and trafficking of drugs. The Committee notes the information in the Government’s report that Part VI of the forthcoming Children Bill contains provisions protecting children from this worst form of child labour. The Committee notes that section 46 of the Children Bill prohibits using, or causing a child to be used or to act as a courier to buy, sell, purvey or deliver drugs, and that section 47 prohibits these acts specifically in relation to the trafficking of drugs. However, in view that the Children Bill is no longer under discussion by Parliament, the Committee strongly requests the Government to take the necessary measures, as a matter of urgency, to prohibit the use, procuring or offering of children under 18 years of age for the production and trafficking of drugs.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children, based on guidelines provided by a National Seminar on Hazardous Occupations and Children, held in October 2004. The Committee noted that the MOLMED had contracted the services of an attorney-at-law to review, inter alia, the list of the types of hazardous work put forward by the factory inspectorate unit. The Committee expressed the hope that this list would soon be adopted.

The Committee notes the Government’s statement that a list of occupations deemed hazardous to children will be submitted when it is adopted. Recalling that, pursuant to Article 1 of the Convention, each Member that ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency, and noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. 1. Data collection and child protection. The Committee previously noted the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work and 12 in commercial sexual activity. It further noted that a National Youth Activity Survey was planned for implementation in 2006, and requested a copy of the Survey as soon as it had been realized.

The Committee notes the Government’s statement that the Youth Activity Survey has yet to be undertaken, and that the MOLMED intends to conduct the Survey in the 2009–10 fiscal year. The Committee also notes the information in the Government’s report that the Central Statistical Office does not collect data on illegal activities such as child labour, though that a workshop was conducted by the ILO in November 2008 to discuss ways of addressing this issue. The Committee further notes the information submitted in the Government’s report under the Labour Inspection Convention, 1947 (No. 81), that the labour inspection unit is in discussions with the Ministry of Social Development to develop an MOU to facilitate cooperation between the Unit and the newly formed Children’s Authority of Trinidad and Tobago, to better address issues of child labour. The Committee requests the Government to provide information on the MOU between the labour inspection unit and the Ministry of Social Development, particularly with regard to the protection of children from the worst forms of child labour. In addition, noting that the Youth Activity Survey was originally planned for 2006, the Committee requests the Government to take the necessary measures to ensure that the Youth Activity Survey is undertaken in the near future, and to provide a copy of the Survey’s results, once it has been realized.

2. Trafficking. The Committee previously requested the Government to indicate whether monitoring mechanisms to ensure the application of the Convention had been implemented, to complement the work of the Labour Inspectorate Unit. The Committee notes the Government’s statement that work is ongoing to enhance monitoring mechanisms to ensure the application of the provisions of the Convention. The Committee also notes the information submitted in the Government’s report under Convention No. 81 that labour inspectors have received training arranged by the ILO on their role in child labour and human trafficking issues. The Committee further notes the information in the Trafficking Report that the Government, in partnership with the IOM, provided anti-trafficking training to more than 1,500 law enforcement officers last year, and published reference guides for immigration and police personnel on this topic.

However, the Committee notes the information in the Trafficking Report that, during the reporting period, the Government achieved no prosecutions, convictions, or sentences of trafficking offenders. Nonetheless, the Committee notes the information in the 2009 UNODC Global Trafficking Report that, in the first five months of 2008, seven female trafficking victims were discovered, including two minors. Moreover, the Trafficking Report states that “vigorous government efforts to investigate and prosecute trafficking crimes remained limited”. Therefore, while noting the measures taken to provide training to officials to combat trafficking, the Committee expresses concern that monitoring mechanisms in this area remain weak. The Committee strongly urges the Government to take the necessary measures to strengthen monitoring mechanisms for the worst forms of child labour, particularly child trafficking. In this regard, the Committee requests the Government to provide information on the concrete measures taken, and the impact of these measures on the practical application of the Convention, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed in application of the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

Article 6. Programmes of action. The Committee previously noted that a revised National Plan of Action for Children (NPA) was drafted for the period 2006–10. The NPA focused on four priority areas: promoting healthy lives; providing quality education; protecting children against abuse, exploitation and violence; and combating HIV/AIDS, in addition to addressing the issues of the sexual exploitation of children (including trafficking and abduction) and the elimination and prevention of all forms of child labour.

The Committee notes the information in the Government’s report on the status of the implementation of NPA measures pertaining to the issue of child labour. The Committee notes that the Children’s Authority Amendment Act was passed in 2008, to allow for the establishment of the Children’s Authority Board, as an agency responsible for overall child development. The Committee also notes that a draft of a National Policy for the Prevention and Elimination of Child Labour in Trinidad and Tobago has been drawn up, and will be finalized following the results of the Youth Activity Survey. The Committee requests the Government to continue to provide information on measures taken within the framework of the NPA that address the worst forms of child labour, as well as the results achieved.

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 previously noted that education in Trinidad and Tobago is compulsory until the age of 12 years, and that the Government provides for free primary and secondary education. However, the Committee noted that, according to the 2002 ILO Rapid Assessment Study, most children interviewed only obtained primary education. The UNDP’s National Human Development Report of 2000 further indicated that significant numbers of students dropped out of school. The Committee also noted the Government’s information that the Ministry of Education had taken a preventive approach in the elimination of the worst forms of child labour, and had initiated several programmes to encourage children to stay in school. These included textbook programmes to reduce the cost of school for disadvantaged students, school transportation and nutrition programmes, an inclusive education initiative and the offering of alternative education programmes. The Committee further noted that the Ministry of Education established a legislative review committee in 2006 with the objective of producing a new Education Act. It requested the Government to provide information on the output of the legislative review committee with regard to increasing the age of completion of compulsory schooling.

The Committee notes the Government’s indication that the Ministry of Education is preparing a policy document in support of bringing the age of compulsory schooling into line with the minimum age for admission to employment of 16 years. The Committee also notes the information in the UNESCO report entitled “Education for All (EFA): Global Monitoring Report 2009” that indicates that, in 2005, 9 per cent of children dropped out prior to the completion of grade 5, and 16 per cent of children drop out prior to the completion of the last grade of primary school (grade 6), for a total of 15,000 out-of-school children at the primary-school age. This report also indicates that 7 per cent of children do not make the transition from primary to secondary school, and that the net enrolment rate in secondary education is 65 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve the functioning of the education system, to reduce drop-out rates and increase enrolment rates, particularly at the secondary level. The Committee requests the Government to provide information on measures taken in this regard, and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the information in the Government’s report that it has recently approved a proposal for a nine-month plan to combat trafficking. This plan includes measures to protect victims of trafficking. However, the Committee notes the statement in the Trafficking Report that, currently, adequate victim services are extremely limited.

The Committee also notes the information in the Trafficking Report that international organizations and NGOs provide care and services for victims of trafficking. Foreign trafficking victims are maintained in NGO safe houses until authorities in the victim’s home country can be contacted to assist with travel documents and repatriation. However, the Trafficking Report indicates that foreign victims of trafficking are not eligible to receive governmental services, such as medical assistance, counselling, or legal assistance with filing a complaint and that most foreign victims are detained and deported with no legal alternative to their removal. The Committee therefore requests the Government to take the necessary measures to ensure that victims of trafficking under 18 from all nationalities receive adequate assistance, and requests the Government to provide information on the number of children who benefit from services for their rehabilitation and social reintegration. With regard to children who are foreign nationals, the Committee requests the Government to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin, taking account of the special situation of girls.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 had previously noted the Government’s information that Trinidad and Tobago has no statutory provision to prohibit the sale and trafficking of children. It had reminded the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. Noting that the Government’s report contains no information on this point, the Committee urges the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation and to adopt appropriate penalties as a matter of urgency.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s statement that the existing legislation deals with publication and dissemination of obscene materials, but does not contain specific provisions addressing child pornography. It notes the Government’s statement that there have been no changes in the legislation to date. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances as a matter of urgency.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee had previously noted that section 5(1) of the Children’s Act punishes the offence of procuring a child or young person to be in any street, premises or place for the purpose of begging or receiving alms. It had further noted that the Dangerous Drugs Act, No 38 of 1991, while providing penalties for the possession and trafficking of certain types of dangerous drugs, contains no specific provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee notes the Government’s information that there have been no changes to this legislation to date. The Committee accordingly requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that some types of hazardous work are prohibited to young persons under 18 years, such as: night work (section 90 of the Children’s Act and section 54 of the Occupation Safety and Health Act (OSHA)); work on dangerous machines (section 22 of the OHSA); lifting and carrying loads (section 32 of the Factories Act). It had noted the Government’s information that, based on the guidelines and framework provided by a National Seminar on Hazardous Occupations and Children, held in October 2004, the Factory Inspectorate Unit of the Ministry of Labour and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children. The Committee notes the Government’s information that the MOLMED has contracted the services of an attorney-at-law to review, inter alia, the list of the types of hazardous work put forward by the Factory Inspectorate Unit. The Committee hopes that the list of hazardous work to be prohibited to children under 18 years will be adopted soon and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee had previously noted that the National Steering Committee (NSC) for the Prevention and Elimination of Child Labour in Trinidad and Tobago, composed of representatives of government, workers, employers and NGOs, is responsible for monitoring the implementation of the provision of this Convention. The NSC carried out various activities including the monitoring of the implementation of an ILO-funded project for the “Removal and Rehabilitation of Child Labourers in the Beetham and Forres Park Landfill Sites”, and the drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago. The Committee had also noted that the labour inspectors of the MOLMED participated in a Caribbean subregional training seminar for senior labour inspectors which would assist them in identifying cases of child labour in establishments. The Committee notes the Government’s information that the inspectors of the Occupational Safety and Health (OSH) Unit revealed that the worst forms of child labour as defined in Article 3 of the Convention have not been identified in the workplaces visited. Moreover, the OSH Unit did not receive any complaint regarding the worst forms of child labour and their records do not show any instance in which such cases were investigated. To the extent that clauses (a)–(c) of Article 3 of the Convention address offences of a criminal nature, the Committee requests the Government to indicate whether monitoring mechanisms which would complement the labour inspectorate, including the OSH Unit, have been implemented to ensure the application of these provisions of the Convention.

Article 6. Programmes of action. The Committee had previously noted that the NSC carried out in conjunction with the ILO Subregional Office for the Caribbean an intervention programme for the “Withdrawal and Rehabilitation of Child Labourers in the Beetham and Forres Park Landfill Sites”. The programme aimed at providing education, training, health and social services to working children and their families in the identified areas. It also aimed at encouraging children of these areas to remain in school, thereby preventing them from taking up work. The Committee had noted that, as a result of this programme, approximately 45 children who worked at the Beetham landfill were withdrawn from work and included in educational training programmes. The Committee notes the Government’s information that the National Family Services (NFS) division of the Ministry of Social Development collaborated with the ILO in this programme. The NFS division assisted some of the families identified in improving their standards of living and quality of life, through providing educational materials for children as well as social welfare grants, micro‑enterprise grants, counselling and referral services to some of the affected families. The Committee further notes that a revised National Plan of Action for Children (NPA) was drafted for the period 2006–10. The NPA examines four priority areas: promoting healthy lives; providing quality education; protecting children against abuse, exploitation and violence; and combating HIV/AIDS. Moreover, the third chapter of the NPA deals with the sexual exploitation of children, including trafficking and abduction, and the fifth chapter deals with the elimination and prevention of all forms of child labour and the rehabilitation and social integration of all children engaged in child labour. The Committee requests the Government to provide information on the implementation of the NPA as well as the results achieved.

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 had previously noted that in Trinidad and Tobago education is compulsory until the age of 12 years and the Government provides for free primary and secondary education. Moreover, vocational training for young persons between the ages of 15 and 25 years who are out of school and unemployed is available in the Youth Training and Employment Partnership Programme (YTEPP) and the Youth Development and Apprenticeship Centres (YDAC). However, the Committee had noted that, according to the 2002 ILO Rapid Assessment Study, most children interviewed only obtained primary education. Moreover, according to the UNDP’s National Human Development Report of 2000, significant numbers of students dropped out from school. The Committee notes the Government’s information that the Ministry of Education has taken a preventive approach in the elimination of the worst forms of child labour. The Ministry recognizes the high correlation between schooling, education, social support and child labour. For this reason, it considers that providing education to children of low socio-economic status and to other disadvantaged children – who are most vulnerable to child labour – will greatly reduce the risk for these children to engage in child labour. The Committee also notes the Government’s information that the Ministry has adopted the following programmes and services aimed at preventing children at risk from being engaged in child labour:

(a)   the Special Education/Inclusive Education programme, aimed at providing special educational services for students with special education needs mainstreamed in regular schools as well as in special schools both public and private;

(b)   the Literacy Remediation/Alternative Education programme, designed to correct deficiencies among secondary school students in the areas of literacy and numeracy;

(c)   the Textbook Rental/Loan programme, to ensure that all students, particularly the disadvantaged, have affordable and equitable access to learning materials;

(d)   the School Transportation and School Nutrition programmes, aimed at ensuring that students are provided with adequate safe and reliable transportation to and from school and adequate meals;

(e)   the School Guidance and Counselling programme, aimed at providing various counselling and guidance services to all students; and

(f)    the School Social Work programme, aimed at providing social services to identified students and parents in need.

The Committee finally notes the Government’s statement that the Ministry of Education established a legislative review committee in October 2006 with the objective of producing a new Education Act. In this framework, the issue of increasing the age of compulsory education is being considered.

The Committee requests the Government to provide information on the output of the work of the legislative review committee concerning increasing the age of completion of compulsory schooling. It also requests the Government to provide information on the impact of these measures, including the eventual increase of the age of completion of compulsory schooling, on preventing school drop‑outs and increasing school attendance rates. It finally requests the Government to provide updated statistical information on school attendance and drop‑out rates.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work and 12 in commercial sexual activity. It had further noted that a national survey on youth activity was planned for implementation in 2006, which was expected to provide some of the critical data lacking before. The Committee notes the Government’s statement that the inspectors of the OSH Unit revealed that the worst forms of child labour have not been identified in the workplaces visited. Moreover, according to the Ministry of National Security’s records, there have not been many reports of offences pertaining to the employment of children. The Committee requests the Government to provide a copy of the youth activity survey as soon at it has been realized. It also requests the Government to continue to provide information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed in application of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 3. 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 the Government’s information that Trinidad and Tobago has no statutory provision to prohibit the sale and trafficking of children. It reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation and to adopt appropriate penalties.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s information that all forms of slavery or practices similar to slavery were abolished in Trinidad and Tobago in 1838. It also notes that article 4(a) of the Constitution guarantees the unequivocal rights of all citizens to “life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law”.

3. Forced recruitment of children for armed conflict. The Committee notes the Government’s information that section 19(2), Chapter 14:01, of the Defence Act provides that a recruiting officer shall not enlist a person under the age of 18 years unless consent to the enlistment has been given in writing by a parent, legal guardian, or from a person in whose care the person offering to enlist may be.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes the Government’s information that section 17(b) and (c) of the Sexual Offences Act, No. 27 of 1986, provides that a person who procures another for prostitution, either in Trinidad and Tobago or elsewhere, or procures another to become an inmate, or to frequent a brothel either in Trinidad and Tobago or elsewhere, is guilty of an offence. Moreover, sections 7 and 8 of the Children’s Act, Chapter 46:01, make it an offence for any person who is in charge of a child or young person (between 14 and 18 years of age) and allows that child or young person to frequent a brothel or encourages the seduction or prostitution of the child.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s information that Trinidad and Tobago has legislation dealing with publication and dissemination of obscene materials. However, there are no specific provisions 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 below 18 years of age for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee notes that section 5(1) of the Children’s Act, Chapter 46:01, punishes any person who causes or procures a child or young person to be in any street, premises or place for the purpose of begging or receiving alms, or inducing the giving of alms. It notes that the Dangerous Drugs Act, No. 38 of 1991, provides penalties for the possession and trafficking of certain types of dangerous drugs for all persons but contains no specific provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee notes that, although some provisions exist in the relevant legislation which prohibit the employment of children under 18 years on types of hazardous work (section 32 of the Factories Act of 1948; sections 22 and 54 of the Occupational Safety and Health Act (OSHA) of 2004; section 90 of the Children’s Act), no general provisions appear to exist prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. In this regard, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. Accordingly, the Committee requests the Government to take the necessary measures to prohibit in national legislation persons under 18 years of age from performing any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that some types of hazardous work are prohibited to young persons under 18 years, such as: night work (section 90 of the Children’s Act and section 54 of the OSHA); work on dangerous machines (section 22 of the OSHA); lifting and carrying loads (section 32 of the Factories Act). It notes the Government’s information that a National Seminar on Hazardous Occupations and Children was held jointly by the ILO Subregional Office for the Caribbean and the Ministry of Labour and Micro Enterprise Development (MOLMED) in October 2004. The Employers’ Consultative Association of Trinidad and Tobago, which is the most representative employers’ association, and the National Trade Union Centre for Trinidad and Tobago, which is the most representative trade union organization, participated in the seminar. Based on the guidelines and framework provided by the seminar, the Factory Inspectorate Unit of the MOLMED is currently developing a list of occupations deemed hazardous to children. The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will give due consideration to paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC) was established in accordance with Cabinet Minute No. 1347 of 19 May 2004, as a direct result of this country’s ratification of Convention No. 182. The NSC, which comprises representatives of government, workers, employers and NGOs, is responsible for monitoring the implementation of the provision of this Convention and coordinating the national efforts to address the problem of child labour. The NSC reports on an annual basis to the MOLMED. The Committee notes that the main activities with which the NSC has been involved during the period 2004-05 were: (a) monitoring the implementation of an ILO-funded project for the removal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites; (b) drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago; (c) hosting of activities, under the auspices of the MOLMED in observance of the World Day Against Child Labour, 2005. The Committee further notes the Government’s information that the labour inspectors of the MOLMED participated in a Caribbean subregional training seminar for senior labour inspectors in Jamaica in October 2002. It is expected that this training would assist inspectors in identifying cases of child labour in establishments.

The Committee requests the Government to continue providing information on the activities carried out by the NSC and their impact on the elimination of the worst forms of child labour. The Committee also requests the Government to provide information on the functioning of the labour inspectorate and to provide extracts of the inspection reports, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the Government’s information that a rapid assessment study was conducted by ILO in 2002 in Trinidad and Tobago to examine the situation of children in the worst forms of child labour in the following areas: prostitution and pornography; agriculture; domestic work; and scavenging. As a result of the study, it was identified that there was a prevalence of children scavenging in landfill sites. Therefore, the NSC has initiated in conjunction with the ILO Subregional Office for the Caribbean an intervention programme for the withdrawal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites, which is currently being implemented. The NGO, Young Men’s Christian Association (YMCA), is in charge of implementing the programme. The Committee notes the Government’s information that the aims of the project were identified as follows: (a) to provide education and training for children; (b) to provide them with health and other social services; (c) to encourage children to remain in school; (d) to prevent children from the impoverished communities surrounding the dumpsites from taking up work there; (e) to provide economic alternatives for the families and adolescents; (f) to heighten community awareness of the dangers of child labour; and (g) to implement an effective monitoring system that would combine a community monitoring network and a monitoring and tracking system. The Committee notes that, according to the evaluation report on the ILO project for the rehabilitation of child labourers on landfill sites in Beetham and Forres Park, the Forres Park component of the programme was abandoned and all the activities were carried out at the Beetham landfill site. As a result of the programme, approximately 45 children who worked at the Beetham landfill site were withdrawn from work and included in educational training programmes. Some difficulties encountered in carrying out the programme were underlined in the evaluation report, such as: no database available on child labourers; no proper instrument available to ensure children stay in school; no preventive measures in place for at risk children; poor project management. The Committee requests the Government to continue providing information on results attained under the programme for the withdrawal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 17 and 21 of the Sexual Offences Act and sections 7 and 8 of the Children’s Act establish effective and dissuasive penalties of imprisonment for contravention of the provisions prohibiting prostitution.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to education. The Committee notes the Government’s information that in Trinidad and Tobago education is compulsory until the age of 12 years. The Government provides for free primary and secondary education. As of January 2006, those who qualify for tertiary education will be able to pursue their studies at no cost to themselves. Additionally, vocational training is available in programmes such as the Youth Training and Employment Partnership Programme (YTEPP) and the Youth Development and Apprenticeship Centres (YADAC). The YTEPP and YADAC target young persons between the ages of 15 and 25 years who are out of school and unemployed, providing them with training opportunities. However, the Committee notes that, according to the 2002 ILO rapid assessment study, most children interviewed only obtained primary education. It also notes that, according to the UNDP’s National Human Development Report, 2000, significant numbers of students had dropped out from school. The figures indicated that, depending on the county of residence, 47.8 per cent and 63.6 per cent of the population was outside the education system. The Committee considers that education plays an important role in the elimination of the worst forms of child labour. It requests the Government to provide information on the measures taken to prevent school drop-outs, including through increasing the age of completion of compulsory schooling. It also requests the Government to provide statistical information on school attendance and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that, according to the draft National Policy for the Prevention and Elimination of Child labour in Trinidad and Tobago, one of the objectives of the National Policy is to create a well-coordinated system of social and economic support to children at risk and their families. For the achievement of this goal, it is firstly envisaged to conduct a survey of the extent and nature of child labour in Trinidad and Tobago and, secondly, to implement rehabilitation programmes for affected children, focusing on education, psychological and social services and vocational training. The Committee requests the Government to provide information on any measures taken to achieve these objectives and on results attained.

Part V of the report form. The Committee notes the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work, and 12 in commercial sexual activity. It revealed that: (i) children involved in scavenging, domestic work and commercial sexual activity were exposed to harsh and dangerous situations; (ii) all child labourers, except those engaged in commercial sexual activity, worked long hours on a daily basis (more than eight hours a day) for minimal remuneration; (iii) children in scavenging were exposed to high risks of illness and physical injury. The Committee notes the Government’s information that the main challenges for implementation of this Convention faced thus far by Trinidad and Tobago are: (a) the lack of information on the nature, extent and other characteristics of child labour in this country; (b) the need for legislative amendment. In order to face these challenges, a national survey on youth activity is planned for implementation in 2006, which is expected to provide some of the critical data, which is currently lacking. Moreover, an assessment of the legislative implications of ratification of Convention No. 182 has been carried out in which the required amendments and additions to national legislation have been identified. The Committee requests the Government to continue providing information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply a copy of the survey on youth activity as soon as it is available. It finally requests the Government to supply copies or extracts from official documents, including inspection reports, studies and inquiries, and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.