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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 section 188 of the Criminal Code prohibits the procuring of any female to become, either within or outside Grenada, a prostitute or to leave Grenada with the intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code did not seem to prohibit the sale and trafficking of boys for prostitution, as well as the sale and trafficking of children for labour exploitation. The Committee notes the Government’s statement that the Ministry of Legal Affairs has been advised to make the necessary amendments to section 188 of the Criminal Code so as to prohibit the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation. The Committee expresses the firm hope that amendments to section 188 of the Criminal Code prohibiting the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation, will be finalized and adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted that section 188 of the Criminal Code which criminalizes the procuring of girls for prostitution, did not appear to criminalize the use of a child for sexual exploitation and, furthermore, did not seem to prohibit the use, procuring or offering of boys for prostitution. The Committee notes the Government’s indication that the Ministry of Legal Affairs has been directed to take immediate measures to amend the relevant provisions in this regard. The Committee expresses the firm hope that amendments to the Criminal Code will prohibit the use of children under the age of 18 years for sexual exploitation as well as the use, procuring or offering of boys for sexual exploitation, and will be adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once the amendments have been adopted.2. Pornography. The Committee previously observed that the national legislation did not seem to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes with interest the Government’s indication that it enacted the Electronic Crimes Act of 2013 which prohibits the use and procuring of children under the age of 18 years for the production of pornography (section 12). The Committee requests the Government to provide a copy of the Electronic Crimes Act of 2013.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 its previous comments, the Committee noted that Education Act No. 21 of 2002 provides for free and compulsory education for all children up to the age of 16 years. It also noted the measures taken by the Government, including the implementation of the Educational Development Project of the Organization of Eastern Caribbean States to achieve universal secondary education. It noted, however, that the Committee on the Rights of the Child, in its concluding observations of June 2010, while noting the high enrolment rates at the primary level, regretted that 21 per cent of enrolled students drop out of school before reaching grade five, and that one child in six is not enrolled in secondary school (CRC/C/GRD/CO/2, paragraph 53). The Committee notes the Government’s indication that it is taking measures to reduce school dropout rates at both primary and secondary levels. These measures include: the School Books Assistance Programme which provides books to students at a minimal cost and at no cost for vulnerable children; the School Feeding Programme; and the School Bus Assistance Programme. The Government also indicates that it has increased the number of Truancy Officers within the Ministry of Education and the Community Affairs Office of the Police Force to monitor children who are out of school during school hours. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to continue to take measures to reduce school drop-out rates at the primary and secondary level. It also requests the Government to provide information on the measures taken in this regard. Lastly, it requests the Government to provide updated statistical data on primary and secondary school enrolment and drop-out rates, and on the number of out-of-school children identified by the Truancy Officers.Application of the Convention in practice. The Committee previously noted that, in its concluding observations of February 2012, the Committee on the Elimination of Discrimination against Women (CEDAW) regretted the limited data available on trafficking and sexual exploitation (CEDAW/C/GRD/CO1-5, paragraph 25).The Committee notes the Government’s indication regarding the existence of an Inter-Agency Group of Development Organizations which actively monitors matters related to child labour. The Government further indicates that there are no reported cases of trafficking of children.
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 section 188 of the Criminal Code prohibits the procuring of any female to become, either within or outside Grenada, a prostitute or to leave Grenada with the intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code did not seem to prohibit the sale and trafficking of boys for prostitution, as well as the sale and trafficking of children for labour exploitation. The Committee notes the Government’s statement that the Ministry of Legal Affairs has been advised to make the necessary amendments to section 188 of the Criminal Code so as to prohibit the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation.The Committee expresses the firm hope that amendments to section 188 of the Criminal Code prohibiting the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation, will be finalized and adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted that section 188 of the Criminal Code which criminalizes the procuring of girls for prostitution, did not appear to criminalize the use of a child for sexual exploitation and, furthermore, did not seem to prohibit the use, procuring or offering of boys for prostitution. The Committee notes the Government’s indication that the Ministry of Legal Affairs has been directed to take immediate measures to amend the relevant provisions in this regard.The Committee expresses the firm hope that amendments to the Criminal Code will prohibit the use of children under the age of 18 years for sexual exploitation as well as the use, procuring or offering of boys for sexual exploitation, and will be adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once the amendments have been adopted.2. Pornography. The Committee previously observed that the national legislation did not seem to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes with interest the Government’s indication that it enacted the Electronic Crimes Act of 2013 which prohibits the use and procuring of children under the age of 18 years for the production of pornography (section 12).The Committee requests the Government to provide a copy of the Electronic Crimes Act of 2013.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 its previous comments, the Committee noted that Education Act No. 21 of 2002 provides for free and compulsory education for all children up to the age of 16 years. It also noted the measures taken by the Government, including the implementation of the Educational Development Project of the Organization of Eastern Caribbean States to achieve universal secondary education. It noted, however, that the Committee on the Rights of the Child, in its concluding observations of June 2010, while noting the high enrolment rates at the primary level, regretted that 21 per cent of enrolled students drop out of school before reaching grade five, and that one child in six is not enrolled in secondary school (CRC/C/GRD/CO/2, paragraph 53). The Committee notes the Government’s indication that it is taking measures to reduce school dropout rates at both primary and secondary levels. These measures include: the School Books Assistance Programme which provides books to students at a minimal cost and at no cost for vulnerable children; the School Feeding Programme; and the School Bus Assistance Programme. The Government also indicates that it has increased the number of Truancy Officers within the Ministry of Education and the Community Affairs Office of the Police Force to monitor children who are out of school during school hours.Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to continue to take measures to reduce school drop-out rates at the primary and secondary level. It also requests the Government to provide information on the measures taken in this regard. Lastly, it requests the Government to provide updated statistical data on primary and secondary school enrolment and drop-out rates, and on the number of out-of-school children identified by the Truancy Officers.Application of the Convention in practice. The Committee previously noted that, in its concluding observations of February 2012, the Committee on the Elimination of Discrimination against Women (CEDAW) regretted the limited data available on trafficking and sexual exploitation (CEDAW/C/GRD/CO1-5, paragraph 25).The Committee notes the Government’s indication regarding the existence of an Inter-Agency Group of Development Organizations which actively monitors matters related to child labour. The Government further indicates that there are no reported cases of trafficking of children.
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 section 188 of the Criminal Code prohibits the procuring of any female to become, either within or outside Grenada, a prostitute or to leave Grenada with the intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code did not seem to prohibit the sale and trafficking of boys for prostitution, as well as the sale and trafficking of children for labour exploitation. The Committee notes the Government’s statement that the Ministry of Legal Affairs has been advised to make the necessary amendments to section 188 of the Criminal Code so as to prohibit the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation. The Committee expresses the firm hope that amendments to section 188 of the Criminal Code prohibiting the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation, will be finalized and adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted that section 188 of the Criminal Code which criminalizes the procuring of girls for prostitution, did not appear to criminalize the use of a child for sexual exploitation and, furthermore, did not seem to prohibit the use, procuring or offering of boys for prostitution. The Committee notes the Government’s indication that the Ministry of Legal Affairs has been directed to take immediate measures to amend the relevant provisions in this regard. The Committee expresses the firm hope that amendments to the Criminal Code will prohibit the use of children under the age of 18 years for sexual exploitation as well as the use, procuring or offering of boys for sexual exploitation, and will be adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once the amendments have been adopted. 2. Pornography. The Committee previously observed that the national legislation did not seem to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes with interest the Government’s indication that it enacted the Electronic Crimes Act of 2013 which prohibits the use and procuring of children under the age of 18 years for the production of pornography (section 12). The Committee requests the Government to provide a copy of the Electronic Crimes Act of 2013. 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 its previous comments, the Committee noted that Education Act No. 21 of 2002 provides for free and compulsory education for all children up to the age of 16 years. It also noted the measures taken by the Government, including the implementation of the Educational Development Project of the Organization of Eastern Caribbean States to achieve universal secondary education. It noted, however, that the Committee on the Rights of the Child, in its concluding observations of June 2010, while noting the high enrolment rates at the primary level, regretted that 21 per cent of enrolled students drop out of school before reaching grade five, and that one child in six is not enrolled in secondary school (CRC/C/GRD/CO/2, paragraph 53). The Committee notes the Government’s indication that it is taking measures to reduce school dropout rates at both primary and secondary levels. These measures include: the School Books Assistance Programme which provides books to students at a minimal cost and at no cost for vulnerable children; the School Feeding Programme; and the School Bus Assistance Programme. The Government also indicates that it has increased the number of Truancy Officers within the Ministry of Education and the Community Affairs Office of the Police Force to monitor children who are out of school during school hours. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to continue to take measures to reduce school drop-out rates at the primary and secondary level. It also requests the Government to provide information on the measures taken in this regard. Lastly, it requests the Government to provide updated statistical data on primary and secondary school enrolment and drop-out rates, and on the number of out-of-school children identified by the Truancy Officers. Application of the Convention in practice. The Committee previously noted that, in its concluding observations of February 2012, the Committee on the Elimination of Discrimination against Women (CEDAW) regretted the limited data available on trafficking and sexual exploitation (CEDAW/C/GRD/CO1-5, paragraph 25). The Committee notes the Government’s indication regarding the existence of an Inter-Agency Group of Development Organizations which actively monitors matters related to child labour. The Government further indicates that there are no reported cases of trafficking of children.
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 section 188 of the Criminal Code prohibits the procuring of any female to become, either within or outside Grenada, a prostitute or to leave Grenada with the intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code did not seem to prohibit the sale and trafficking of boys for prostitution, as well as the sale and trafficking of children for labour exploitation. The Committee notes the Government’s statement that the Ministry of Legal Affairs has been advised to make the necessary amendments to section 188 of the Criminal Code so as to prohibit the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation. The Committee expresses the firm hope that amendments to section 188 of the Criminal Code prohibiting the sale and trafficking of all children under 18 years for labour exploitation, as well as of boys for sexual exploitation, will be finalized and adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted that section 188 of the Criminal Code which criminalizes the procuring of girls for prostitution, did not appear to criminalize the use of a child for sexual exploitation and, furthermore, did not seem to prohibit the use, procuring or offering of boys for prostitution. The Committee notes the Government’s indication that the Ministry of Legal Affairs has been directed to take immediate measures to amend the relevant provisions in this regard. The Committee expresses the firm hope that amendments to the Criminal Code will prohibit the use of children under the age of 18 years for sexual exploitation as well as the use, procuring or offering of boys for sexual exploitation, and will be adopted soon. It requests the Government to provide information on any progress made in this regard and to provide a copy, once the amendments have been adopted. 2. Pornography. The Committee previously observed that the national legislation did not seem to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes with interest the Government’s indication that it enacted the Electronic Crimes Act of 2013 which prohibits the use and procuring of children under the age of 18 years for the production of pornography (section 12). The Committee requests the Government to provide a copy of the Electronic Crimes Act of 2013. 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 its previous comments, the Committee noted that Education Act No. 21 of 2002 provides for free and compulsory education for all children up to the age of 16 years. It also noted the measures taken by the Government, including the implementation of the Educational Development Project of the Organization of Eastern Caribbean States to achieve universal secondary education. It noted, however, that the Committee on the Rights of the Child, in its concluding observations of June 2010, while noting the high enrolment rates at the primary level, regretted that 21 per cent of enrolled students drop out of school before reaching grade five, and that one child in six is not enrolled in secondary school (CRC/C/GRD/CO/2, paragraph 53). The Committee notes the Government’s indication that it is taking measures to reduce school drop-out rates at both primary and secondary levels. These measures include: the School Books Assistance Programme which provides books to students at a minimal cost and at no cost for vulnerable children; the School Feeding Programme; and the School Bus Assistance Programme. The Government also indicates that it has increased the number of Truancy Officers within the Ministry of Education and the Community Affairs Office of the Police Force to monitor children who are out of school during school hours. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to continue to take measures to reduce school drop-out rates at the primary and secondary level. It also requests the Government to provide information on the measures taken in this regard. Lastly, it requests the Government to provide updated statistical data on primary and secondary school enrolment and drop-out rates, and on the number of out-of-school children identified by the Truancy Officers. Application of the Convention in practice. The Committee previously noted that, in its concluding observations of February 2012, the Committee on the Elimination of Discrimination against Women (CEDAW) regretted the limited data available on trafficking and sexual exploitation (CEDAW/C/GRD/CO1-5, paragraph 25). The Committee notes the Government’s indication regarding the existence of an Inter-Agency Group of Development Organizations which actively monitors matters related to child labour. The Government further indicates that there are no reported cases of trafficking of children.
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 noted in the Government’s report that, as per section 184 of the Criminal Code, “whoever kidnaps any person”, as defined in section 198, “shall be liable to imprisonment for ten years”. It also noted that section 185 states that “whoever steals any person”, as defined in section 200, “under twelve years of age whether with or without his consent, shall be liable to imprisonment for ten years”. Furthermore, the Committee noted the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute; and (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code does not seem to prohibit the sale and trafficking of boys for prostitution, nor does it seem to prohibit the sale and trafficking of children for labour exploitation. The Committee reminded the Government that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery, including the sale and trafficking of children for both labour and sexual exploitation, constitutes one of the worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to ensure that the sale and trafficking of children below 18 years of age for labour exploitation, as well as the sale and trafficking of boys for sexual exploitation, is effectively prohibited.Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted in the Government’s report that section 187 of the Criminal Code imposes a prohibition on the defilement of young females on one’s property. The severity of the penalty of this prohibition is dependent on whether the female is: (a) under 13 years of age; or (b) over 13 and below 16 years of age. The Committee also noted the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute and; (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. Lastly, the Committee noted that section 429 prohibits anyone from publishing, selling, or offering for sale any obscene book, writing or representation. The Committee noted, however, that although the Criminal Code contains provisions criminalizing procuring, it does not appear to criminalize the client and that, furthermore, the Criminal Code does not seem to prohibit the use, procuring or offering of boys for prostitution, for the production of pornography or for pornographic performances. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to criminalize clients who use children under 18 years of age for prostitution and to establish sanctions for this purpose. It also requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of boys under 18 years of age for prostitution, for the production of pornography or for pornographic performances is effectively prohibited.Clause (d) and Article 4(1). Hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee noted in the Government’s report that section 135(4) of the Shipping Act stipulates that no person under the age of 18 years shall be employed to work in the engine room of any vessel, unless that young person is an apprentice working under supervision. Furthermore, as noted in its comments under Convention No. 138, the Committee observed that section 47(2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity in any Grenadian Ship unless a Medical Practitioner Certificate has been delivered to the Master of a Ship certifying that such person is fit to be employed in that capacity. The Committee also noted that the Government has taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee noted, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them”. Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used, or intended to be used, in the workplace, and its presence in the workplace, or the manner of its use is, in the opinion of the Ministry, likely to endanger the health of a worker, the Ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the Ministry specifies. The Committee noted that the Government will take measures to include provisions such as those from the OSH Model Law, above, or other types of hazardous work in national legislation after consultation with the employers’ and workers’ organizations. The Committee requests the Government to take the necessary measures to prohibit 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, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 4(1) of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that section 10 of the Employment Act of 1999 spells out the powers of the labour officers, who may inspect undertakings, interrogate the employer and employees and inspect any relevant records. The Committee noted in the Government’s report that there are no records of violations concerning children and young persons involved in the worst forms of child labour. It further noted that legislative mechanisms will be established with respect to administrative provisions and general occupational safety and health requirements in accordance with the Convention, in consultation with the employers’ and workers’ organizations. The Committee, once again, requests the Government to provide further information on the functioning of the labour inspectorate, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. It also hopes that the Government will soon adopt mechanisms designed to monitor the implementation of the administrative provisions and general OSH requirements giving effect to the Convention and to provide information on developments in this regard in its next report.Article 6. Programmes of action. The Committee noted again that no information is provided on this point in the Government’s report. It once again reminded the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government 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, once again, requests the Government to take the necessary measures to adopt programmes of action, in consultation with workers’ and employers’ organizations and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Grenada.Article 7(1). Penalties. The Committee noted that the Government’s report contains no information on this point. It 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. The Committee once again noted the absence of information in the Government’s report on the existence of effective and time-bound measures:(a) preventing the engagement of children in the worst forms of child labour;(b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;(c) ensuring access to free basic education and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour;(d) identifying and reaching out to children at special risk; and(e) taking into account the special situation of girls.It therefore once again requests the Government to supply information on the measures taken or envisaged, as required under Article 7(2)(a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.Article 8. International cooperation. The Committee once again noted the absence of information in the Government’s report on this point. It therefore, once again, requests the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.Part III of the report form. The Committee once again noted the absence of information on this point in the Government’s report. It once again encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.Parts IV and V of the report form. Application of the Convention in practice. The Committee once again noted the absence of information on this point in the Government’s report. It therefore, once again, requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including 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.
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:
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 noted in the Government’s report that, as per section 184 of the Criminal Code, “whoever kidnaps any person”, as defined in section 198, “shall be liable to imprisonment for ten years”. It also noted that section 185 states that “whoever steals any person”, as defined in section 200, “under twelve years of age whether with or without his consent, shall be liable to imprisonment for ten years”. Furthermore, the Committee noted the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute; and (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code does not seem to prohibit the sale and trafficking of boys for prostitution, nor does it seem to prohibit the sale and trafficking of children for labour exploitation. The Committee reminded the Government that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery, including the sale and trafficking of children for both labour and sexual exploitation, constitutes one of the worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to ensure that the sale and trafficking of children below 18 years of age for labour exploitation, as well as the sale and trafficking of boys for sexual exploitation, is effectively prohibited.
Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted in the Government’s report that section 187 of the Criminal Code imposes a prohibition on the defilement of young females on one’s property. The severity of the penalty of this prohibition is dependent on whether the female is: (a) under 13 years of age; or (b) over 13 and below 16 years of age. The Committee also noted the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute and; (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. Lastly, the Committee noted that section 429 prohibits anyone from publishing, selling, or offering for sale any obscene book, writing or representation. The Committee noted, however, that although the Criminal Code contains provisions criminalizing procuring, it does not appear to criminalize the client and that, furthermore, the Criminal Code does not seem to prohibit the use, procuring or offering of boys for prostitution, for the production of pornography or for pornographic performances. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to criminalize clients who use children under 18 years of age for prostitution and to establish sanctions for this purpose. It also requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of boys under 18 years of age for prostitution, for the production of pornography or for pornographic performances is effectively prohibited.
Clause (d) and Article 4(1). Hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee noted in the Government’s report that section 135(4) of the Shipping Act stipulates that no person under the age of 18 years shall be employed to work in the engine room of any vessel, unless that young person is an apprentice working under supervision. Furthermore, as noted in its comments under Convention No. 138, the Committee observed that section 47(2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity in any Grenadian Ship unless a Medical Practitioner Certificate has been delivered to the Master of a Ship certifying that such person is fit to be employed in that capacity. The Committee also noted that the Government has taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee noted, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them”. Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used, or intended to be used, in the workplace, and its presence in the workplace, or the manner of its use is, in the opinion of the Ministry, likely to endanger the health of a worker, the Ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the Ministry specifies. The Committee noted that the Government will take measures to include provisions such as those from the OSH Model Law, above, or other types of hazardous work in national legislation after consultation with the employers’ and workers’ organizations. The Committee requests the Government to take the necessary measures to prohibit 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, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 4(1) of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.
Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that section 10 of the Employment Act of 1999 spells out the powers of the labour officers, who may inspect undertakings, interrogate the employer and employees and inspect any relevant records. The Committee noted in the Government’s report that there are no records of violations concerning children and young persons involved in the worst forms of child labour. It further noted that legislative mechanisms will be established with respect to administrative provisions and general occupational safety and health requirements in accordance with the Convention, in consultation with the employers’ and workers’ organizations. The Committee, once again, requests the Government to provide further information on the functioning of the labour inspectorate, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. It also hopes that the Government will soon adopt mechanisms designed to monitor the implementation of the administrative provisions and general OSH requirements giving effect to the Convention and to provide information on developments in this regard in its next report.
Article 6. Programmes of action. The Committee noted again that no information is provided on this point in the Government’s report. It once again reminded the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government 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, once again, requests the Government to take the necessary measures to adopt programmes of action, in consultation with workers’ and employers’ organizations and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Grenada.
Article 7(1). Penalties. The Committee noted that the Government’s report contains no information on this point. It 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. The Committee once again noted the absence of information in the Government’s report on the existence of effective and time-bound measures:
(a) preventing the engagement of children in the worst forms of child labour;
(b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;
(c) ensuring access to free basic education and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour;
(d) identifying and reaching out to children at special risk; and
(e) taking into account the special situation of girls.
It therefore once again requests the Government to supply information on the measures taken or envisaged, as required under Article 7(2)(a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.
Article 8. International cooperation. The Committee once again noted the absence of information in the Government’s report on this point. It therefore, once again, requests the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.
Part III of the report form. The Committee once again noted the absence of information on this point in the Government’s report. It once again encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.
Parts IV and V of the report form. Application of the Convention in practice. The Committee once again noted the absence of information on this point in the Government’s report. It therefore, once again, requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including 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.
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 notes in the Government’s report that, as per section 184 of the Criminal Code, “whoever kidnaps any person”, as defined in section 198, “shall be liable to imprisonment for ten years”. It also notes that section 185 states that “whoever steals any person”, as defined in section 200, “under twelve years of age whether with or without his consent, shall be liable to imprisonment for ten years”. Furthermore, the Committee notes the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute; and (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. The Committee notes, however, that the Criminal Code does not seem to prohibit the sale and trafficking of boys for prostitution, nor does it seem to prohibit the sale and trafficking of children for labour exploitation. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery, including the sale and trafficking of children for both labour and sexual exploitation, constitutes one of the worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to ensure that the sale and trafficking of children below 18 years of age for labour exploitation, as well as the sale and trafficking of boys for sexual exploitation, is effectively prohibited.
Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes in the Government’s report that section 187 of the Criminal Code imposes a prohibition on the defilement of young females on one’s property. The severity of the penalty of this prohibition is dependent on whether the female is: (a) under 13 years of age; or (b) over 13 and below 16 years of age. The Committee also notes the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute and; (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. Lastly, the Committee notes that section 429 prohibits anyone from publishing, selling, or offering for sale any obscene book, writing or representation. The Committee notes, however, that although the Criminal Code contains provisions criminalizing procuring, it does not appear to criminalize the client and that, furthermore, the Criminal Code does not seem to prohibit the use, procuring or offering of boys for prostitution, for the production of pornography or for pornographic performances. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to criminalize clients who use children under 18 years of age for prostitution and to establish sanctions for this purpose. It also requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of boys under 18 years of age for prostitution, for the production of pornography or for pornographic performances is effectively prohibited.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Drug Abuse (Prevention and Abuse) Act (Drug Abuse Act) contains provisions for numerous drug-related offences including their: importation and exportation (section 4); production and supply (section 5); possession (section 6); handling (section 7); misuse (section 8); and trafficking (section 18). The Committee notes in the Government’s report that, as per section 22 of the Drug Abuse Act, it is prohibited for any person to knowingly and intentionally: (a) employ, hire, use, persuade, induce, entice or coerce a child or young person to contravene any provision of the Drug Abuse Act; (b) employ, hire, use, persuade, induce, entice or coerce a child or young person to assist in avoiding detection or apprehension for any offence in the Drug Abuse Act; and (c) receive a controlled drug from a child or young person in contravention of any provision of the Drug Abuse Act. The Committee notes that section 2 defines a “child” as a person under 14 years of age and a “young person” as a person who is over 14 years of age and under 18 years of age.
Clause (d) and Article 4, paragraph 1. Hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee notes in the Government’s report that section 135(4) of the Shipping Act stipulates that no person under the age of 18 years shall be employed to work in the engine room of any vessel, unless that young person is an apprentice working under supervision. Furthermore, as noted in its comments under Convention No. 138, the Committee observes that section 47(2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity in any Grenadian Ship unless a Medical Practitioner Certificate has been delivered to the Master of a Ship certifying that such person is fit to be employed in that capacity. The Committee also notes that the Government has taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee notes, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them”. Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used, or intended to be used, in the workplace, and its presence in the workplace, or the manner of its use is, in the opinion of the Ministry, likely to endanger the health of a worker, the Ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the Ministry specifies. The Committee notes that the Government will take measures to include provisions such as those from the OSH Model Law, above, or other types of hazardous work in national legislation after consultation with the employers’ and workers’ organizations. The Committee requests the Government to take the necessary measures to prohibit 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, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 4, paragraph 1, of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.
Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that section 10 of the Employment Act of 1999 spells out the powers of the labour officers, who may inspect undertakings, interrogate the employer and employees and inspect any relevant records. The Committee notes in the Government’s report that there are no records of violations concerning children and young persons involved in the worst forms of child labour. It further notes that legislative mechanisms will be established with respect to administrative provisions and general occupational safety and health requirements in accordance with the Convention, in consultation with the employers’ and workers’ organizations. The Committee, once again, requests the Government to provide further information on the functioning of the labour inspectorate, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. It also hopes that the Government will soon adopt mechanisms designed to monitor the implementation of the administrative provisions and general OSH requirements giving effect to the Convention and to provide information on developments in this regard in its next report.
Article 6. Programmes of action. The Committee notes again that no information is provided on this point in the Government’s report. It once again reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government 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, once again, requests the Government to take the necessary measures to adopt programmes of action, in consultation with workers’ and employers’ organizations and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Grenada.
Article 7, paragraph 1. Penalties. The Committee notes that the Government’s report contains no information on this point. It 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, paragraph 2. Effective and time-bound measures. The Committee once again notes the absence of information in the Government’s report on the existence of effective and time-bound measures:
It therefore once again requests the Government to supply information on the measures taken or envisaged, as required under Article 7, paragraph 2(a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.
Article 8. International cooperation. The Committee once again notes the absence of information in the Government’s report on this point. It therefore, once again, requests the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.
Part III of the report form. The Committee once again notes the absence of information on this point in the Government’s report. It once again encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.
Parts IV and V of the report form. Application of the Convention in practice. The Committee once again notes the absence of information on this point in the Government’s report. It therefore, once again, requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including 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.
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. Clauses (a), (b) and (c). The Committee notes the absence of information on these points in the Government’s report. It requests the Government to provide detailed information in its next report on the relevant legal provisions prohibiting: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. It also requests the Government to supply a copy of the relevant legislation, including the Criminal Code.
Clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that that the relevant legislation does not seem to contain any provisions 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 must be prohibited for children under 18 years of age. It also reminds the Government that Article 4, paragraph 1, of the Convention states that the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultations with the organizations of employers and workers concerned. 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. The Committee also requests the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 4, paragraph 1, of the Convention. Finally, it asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.
Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that the Government provides no information on this point. It notes nevertheless that section 10 of the Employment Act of 1999 spells out the powers of the labour officers, who may inspect undertakings, interrogate the employer and employees and inspect any relevant records. The Committee requests the Government to provide further 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. It also requests the Government to provide information on the mechanisms designed to monitor the implementation of the penal provisions giving effect to the Convention under Article 3, clauses (a) to (c), of the Convention.
Article 6. Programmes of action. The Committee notes that no information is provided on this point in the Government’s report. It reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government 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 to adopt programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Grenada.
Article 7, paragraph 1. Penalties. The Committee notes that the Government’s report contains no information on this point. It 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. The Committee notes the absence of information in the Government’s report on the existence of effective and time-bound measures: (a) preventing the engagement of children on the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensuring access to free basic education and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking into account the special situation of girls. It requests the Government to supply information on the measures taken or envisaged, as required under Article 7, paragraph 2(a) to (e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.
Article 8. International cooperation. The Committee notes the absence of information in the Government’s report on this point. It requests the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.
Part III of the report form. The Committee notes the absence of information on this point in the Government’s report. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.
Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including 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.