Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted the information contained in the Government’s report (CRC/C/28/Add.18, paragraph 386) to the Committee on the Rights of the Child (CRC) that the Adoption Act contained provisions geared towards controlling the use of adoption as a hidden form of promoting the sale and trafficking in children. The Committee notes, however, that the Adoption of Children Act only contains provisions related to the procedure for the adoption of children, and restrictions on sending children abroad for adoption. The Committee further notes that according to a report entitled “Trafficking in persons report 2009 – Saint Vincent and the Grenadines”, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), there are no specific or comprehensive laws in Saint Vincent and the Grenadines which prohibit trafficking in persons, although slavery and forced labour are both constitutionally prohibited. The Committee reminds the Government that, by virtue of Article 3(a), the sale and trafficking of children constitute one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee therefore urges the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years for labour and sexual exploitation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s statement that no specific measures had been taken with regard to this issue. However, it had noted the information contained in the Government’s report to the CRC (CRC/C/28/Add.18,
paragraphs 227–231) that there are a growing number of children who are reportedly involved in prostitution. The Committee notes the Government’s statement that the implementation of the Education Act of 2006 which provides for compulsory education up to the age of 16 years has contributed significantly to the elimination of “street children” who are the most vulnerable to prostitution. Nevertheless, the Committee once again reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for prostitution, for the production of pornography or for pornographic performances, and to adopt corresponding sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the Government’s statement that the use of a child for illicit activities is prohibited. It notes that by virtue of section 9 of the Juveniles Act (Cap. 168), any person who causes or procures any juvenile or having the custody, charge or care of a juvenile, allows him to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms shall be guilty of an offence. A “juvenile”, according to section 2 of this Act, refers to a person under the age of 16 years. It notes, however, that there appear to be no provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee once again recalls that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, including for the production and trafficking of drugs as well as for begging, constitutes one of the worst forms of child labour and shall therefore be prohibited for children under 18 years. The Committee accordingly urges the Government to take immediate measures to ensure that the use, procuring or offering of a child under18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited. It also requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging.

Clause (d). Hazardous work. The Committee had previously noted that the Employment of Women, Young Persons and Children Act (EWYPC Act), did not contain a general prohibition on the employment of children below 18 years in hazardous work, other than the prohibition on night work in any industrial undertaking (section 3(2)). It had also noted that, according to the Government’s report to the CRC (CRC/C/28/Add.18, paragraph 41), there is no specific provision in the EWYPC Act for a higher age limit for employment which, by its nature and the circumstances in which it is carried out, is dangerous to the life, health or morals of the persons employed. The Committee had reminded the Government that by virtue of Article 3(d), of the Convention, work which, by its nature or circumstances in which it is carried out, is likely to harm the health, safety and morals of children, is considered to be one of the worst forms of child labour and consequently forbidden for children under 18 years of age. The Committee notes the Government’s indication that the matter will be drawn to the attention of the competent authority. The Committee requests the Government to take immediate measures to prohibit the employment of children under 18 years in work which, by its nature or circumstances in which it is carried out, is likely to harm the health, safety and morals of children. It requests the Government to provide information on any developments made in this regard.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee had noted that the EWYPC Act only refers to the prohibition for persons under 18 years of age to perform night work in any industrial undertaking. In defining the term “industrial undertaking”, this Act makes reference to the definition contained in the Minimum Age (Industry) Convention (Revised), 1937 (No. 59), annexed in Part I of the Schedule. It had further noted that, according to section 6 of the Employment of Women, Young Persons and Children Act, the Governor-General may make regulations in respect of the health, welfare and safety of women, young persons and children in any industrial undertaking. However, the Committee had observed that no information is available on such regulations. The Committee notes the Government’s indication that it has scheduled a series of tripartite consultations that would examine this matter over the course of next three months. The Committee expresses the firm hope that the Government will take the necessary measures to develop a list of hazardous activities and occupations prohibited to persons below 18 years of age, pursuant to section 6 of the EWYPC Act, in the near future. 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. It requests the Government to provide information on any developments made in this regard.

Article 5. Monitoring mechanisms. The Committee had previously noted that, by virtue of the EWYPC Act, the Labour Commissioner and police officers have procedural and inspection powers related to the employment of children or young persons in contravention of the EWYPC Act. It had also noted that, by virtue of section 6 of the EWYPC Act, the Governor-General may make regulations in respect of the inspection and supervision of the employment in industrial undertakings of children and young persons. The Committee notes the information provided by the Government in its report under Convention No. 81 that there are a total of five labour officers who are assigned with the responsibility of conducting labour inspections throughout the State, including travelling by air to the islands in the Grenadines. It also notes the Government’s indication that the insufficient number of labour inspectors has limited the number of inspections conducted every year. It further notes the Government’s indication that 61 inspections were conducted in 2006, 17 inspections in 2007, and 53 inspections were conducted in 2008. The Committee finally notes the Government’s statement that from the records, it appears that no employer has ever been prosecuted for violation of the law. The Committee requests the Government to continue providing information on the inspections carried out by the labour inspectorates, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour. It also requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspectorate. It further requests the Government to indicate whether any other monitoring mechanisms have been established to secure the application of the provisions of Article 3(a) to (c) of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that according to Part III of the Education Act of 2006, education shall be free and compulsory for all children from the age of 5 years to 16 years. Section 40(1) of the Act further requires every parent of a child of compulsory school age to cause the child to regularly attend school. The Committee notes the Government’s statement that its policy of universal access to secondary education has eliminated the gap between the percentage of children who complete primary education and those who enter secondary education. The Government further states that every child of school age now has access to secondary education.

Clause (d). Identifying and reaching out to children at special risk. Child victims of sexual exploitation and street boys. The Committee had previously noted that, according to the Government’s report to the CRC (CRC/C/28/Add.18, paragraph 384), the use of children in prostitution had emerged in relation to crimes of sexual abuse against children. The report further stated that there were cases where children were involved in prostitution and street children, especially boys were found to be involved in unlawful sexual practices with men for reward. The Committee had also noted that in its concluding observations (CRC/C/15/Add.184, paragraph 47), the CRC recommended the Government to undertake studies to examine the phenomena and to develop policies and programmes for the prevention, recovery and reintegration of these child victims. The Committee notes the Government’s statement that the implementation of the Education Act of 2006 and the ongoing public awareness campaign on the rights of the child have contributed significantly to the elimination of street children, who are the most vulnerable to prostitution. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children from the worst forms of child labour. It also requests the Government to provide information on the measures taken for the withdrawal and rehabilitation of children involved in commercial sexual exploitation, including boys.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that reports on the nature and extent of the worst forms of child labour are not available. The Government further states that it continues to experience serious difficulties in obtaining the required data and information on child labour due to the ineffective functioning of the key committees responsible for such surveys as well as the incapacity of some ministries and government departments to produce and disseminate timely data. The Committee expresses its regret at the insufficient data on working children and young persons and it strongly urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children and those in the worst forms of child labour is available. It requests the Government 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 the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.