Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (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. 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.