Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

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 1 of the Convention. The Committee notes the Government’s information that the measures taken by it to secure the prohibition and elimination of the worst forms of child labour include the enactment of the Employment Act, 2001. The Committee also notes the Government’s statement that the report of the ILO Rapid Assessment conducted in December 2002 has been submitted to the Bahamian Cabinet. The Committee reminds the Government that Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour. The Committee consequently requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate the worst forms of child labour, particularly after the submission of the Rapid Assessment Study to the Cabinet.

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 that there appear to be no legal provisions in the Bahamas specifically prohibiting the sale and trafficking of children. The Committee recalls that Article 1 of the Convention requires the Government to take immediate measures to secure the prohibition of this form of child labour. The Committee, however, notes that by virtue of section 7(a) of the Sexual Offences and Domestic Violence Act, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, either in or outside the Bahamas is guilty of an offence. Moreover, section 7(c) punishes any person who procures or attempts to procure any person to leave the Bahamas with intent that that person may become an inmate or frequent a brothel elsewhere. Section 7(d) states that any person who procures or attempts to procure any person to leave their usual place of abode in the Bahamas with the intention, for the purposes of prostitution, of becoming an inmate or frequent a brothel either in or outside the Bahamas, is guilty of an offence. The Committee notes that these provisions only cover the trafficking of persons for the purpose of sexual exploitation, and there is no specific legislation prohibiting trafficking of persons for the purpose of labour exploitation. The Committee therefore requests the Government to identify and provide the text of any legislation prohibiting the sale and trafficking of children under 18, for the exploitation of their labour, or to indicate the progress made towards the adoption of such legislation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that all forms of slavery and practices similar to slavery are prohibited by the Constitution of the Bahamas, and are enforced by the law enforcement agencies. It notes that article 18(1) of the Constitution provides that no person shall be held in slavery or servitude, and that article 18(2) of the Constitution states that no person shall be required to perform forced labour. The Committee also notes that section 5 of the Recruitment Act provides that persons under the age of 18 shall not be recruited, and that section 2(2) defines a person who recruits as a person, who, alone or through others procures, engages, hires or supplies or undertakes or attempts to procure, engage, hire or supply workers for the purpose of being employed by that or any other person, so long as the worker does not spontaneously offer the worker’s services at the place of employment.

3. Recruitment of children for use in armed conflict. The Committee notes that the Government has provided no information regarding compulsory or voluntary military service, and no legislative information is available on the age at which individuals may serve in the military or engage in armed conflict. The Committee therefore requests the Government to indicate the age at which compulsory military service begins, if such exists in the Bahamas, and also to provide the text of the relevant legislation as well as information about the practice of recruitment for the armed forces.

Clause (b). The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that prostitution and the production of pornography is prohibited, and where it may involve children, it would be dealt with in the strongest possible terms. The Committee notes that according to section 7(a) of the Sexual Offences and Domestic Violence Act of 1991, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, in the Bahamas with any other person is guilty of an offence. It also notes that section 7(b) punishes any person who procures a person to become a common prostitute, either in or outside the Bahamas. Section 7 also punishes any person who by threats or intimidation procures any person to have unlawful sexual intercourse, either in or outside the Bahamas. Moreover, this provision punishes any person who applies, administers or causes to be taken by any person any drug, matter or thing with intent to stupefy or overpower, in order to have sexual intercourse with that person. Section 21 of the same Act provides for a penalty of two years’ imprisonment for anyone who detains another person against their will: (a) with intent that that other person may cohabit or have unlawful sexual intercourse with another person; or (b) in a brothel. The Committee notes, however, that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under 18. The Committee reminds the Government that under Article 3(b), of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must 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 indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement according to which the trafficking of drugs is prohibited in the Bahamas. The Committee notes that sections 3 and 4 of the Dangerous Drugs Act prohibit the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine.  Section 6 of the same Act authorizes the Minister for Dangerous Drugs and Poisons to further develop the list of prohibited drugs. The Act also punishes any person other than a child or young person for supplying any dangerous drug to a child or young person (section 22(4)). However, the Committee notes that the relevant legislation does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement in the report submitted to the Committee on the Rights of the Child (CRC/C/Add.50, paragraph 300), according to which the Minister of Education may prohibit or restrict employment of children under the age of 18 years if the Minister is of the opinion that employment is prejudicial to their health or would render them unfit to obtain the full benefit of education provided to them. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, in accordance with Article 3, clause (d), of the Convention. In the absence of such provisions, the Committee requests the Government to indicate any steps that have been taken or envisaged, either by the Minister of Education or any other authority, to set the minimum age for admission to hazardous work at 18.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government according to which the types of work determined to be hazardous are the ones stated in section 49 of the Employment Act of 2001. Section 49 defines these as industrial undertakings, including for example: a mine; quarry; distillery; construction; railway; sewer; and transport of passengers or goods by road or rail. The Committee notes that section 50 of the same Act only prohibits the employment of any child (person under the age of 14 years) in these undertakings, whereas Articles 3(d) and 4(1), of the Convention prohibit hazardous work to all persons under the age of 18. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190 in this regard. The Committee also asks the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Employment Act and the Labour Inspectorate have been established as the principal organ of the Government, in order to monitor and detect child labour and the worst forms of it. It also takes note of the Government’s information on the consultations with employers and unions, which are ongoing, and several initiatives, including educating the general society through media presentations, school visits and information sharing with teachers and parents, both at the local and national levels. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to supply information on the results of the tripartite consultations which are ongoing.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the absence of national programmes of action to eliminate child labour. The Committee reminds the Government that Article 6, paragraph 1, of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, and Article 6, paragraph 2, of the Convention states that such programmes of action must be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups, as appropriate. In this context, the Committee notes that the ILO Rapid Assessment Study of 2002 recommended (page 10),  in particular, that the Government establish a National Committee composed of all social partner groups and civil society, to develop an action plan to eliminate child labour, and to organize follow-up research studies to determine the magnitude of child labour and the worst forms of child labour. This study also recommended the organization of public education and training programmes for various stakeholders and support programmes for children and their parents. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate child labour such as those abovementioned, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that, according to section 7 of the Sexual Offences Act of 1991, any person who has committed procuration is guilty of an offence and liable to imprisonment for eight years. It notes that by virtue of section 21 of the same Act, any person guilty of unlawful detention with intent to have sexual intercourse is liable to imprisonment for two years. It also notes that section 137 of the Penal Code provides that whoever: (1) keeps or manages, or acts, or assists in the management of a brothel; (2) being the tenant, lessee, occupier or person in charge of any premises letting premises used as a brothel; (3) being the leasor or landlord of a brothel; shall be liable to a penalty of 150 dollars or in the discretion of the magistrate to imprisonment for three months. Section 22(4) of the Dangerous Drugs Act punishes any person who supplies a dangerous drug to a child or young person by imprisonment of between three and 20 years, and a fine not exceeding 200,000 dollars. The Committee also notes that section 9 of the Recruiting of Workers Act provides that any person who acts in contravention of, or fails to comply with, any of the provisions of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine of 400 dollars or to imprisonment for 12 months or to both such fine and imprisonment. Moreover, the Committee notes that sections 52 to 55 of the Employment Act of 2001 provide for the application of penalties in case of violation of the provisions regarding the employment of children and young persons. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s information according to which none of the measures are time-bound, but are ongoing. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide 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; and (e) to take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that the Bahamas provides free and compulsory education up through the age of 16, since 1996, when the age at which compulsory education was raised from 14. The Committee notes that the Government’s report submitted to the Committee on the Rights of the Child indicates the presence of vocational programmes in the areas of building trade, food, management and tourism, home economics, business crafts, electronics and computer studies (CRC/C/8/Add.50, paragraph 258). The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Department of Social Services carries out inspections on the receipt of reports or complaints regarding children or young persons at risk.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour’s Inspectorate is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s statement that the Bahamas has facilitated the Rapid Assessment Study by the ILO, and has participated in tripartite workshops sponsored by the ILO for this region. The Committee also notes that the subregional office for the Caribbean is providing support to member States in their fight against child labour and in the effective implementation of the Convention through technical assistance and capacity building in the areas of child labour research, policy formulation and intervention strategies.

Part III of the report form. The Committee notes the Government’s statement that there is no court decision relating to the application of the Convention. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply a copy of the text of these decisions.

Parts IV and V of the report form. The Committee notes the information provided by the Government according to which the matter of child labour and its worst forms is currently before Cabinet. In this regard, the Committee notes the Rapid Assessment Study according to which, of the 189 activities reported, 52 were associated with the worst forms of child labour. There were four reports of sexual exploitation of children through incest, and 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography. There were also nine (17 per cent) activities associated with illicit activities such as children selling drugs in school as well as on the streets. There were four activities (8 per cent) associated with children in hazardous work (see page 6). The Rapid Assessment states that for the worst forms of child labour, the youngest children were girls aged 12 years, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food.

The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide 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. To the extent possible, all information provided should be disaggregated by sex.