Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Santa Lucía (Ratificación : 2000)

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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 141 of the Criminal Code prohibits the trafficking of persons, including children under the age of 18 years, for the purposes of prostitution. Noting that trafficking trends in Saint Lucia are for the purposes of domestic servitude, forced labour and sexual exploitation, in particular, the Committee requested the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for labour exploitation.

The Committee notes with interest that, according to sections 5(2) and 10 of the newly enacted Counter-Trafficking Act of 2010, recruiting, transporting, harbouring or receiving and giving of a child for the purpose of exploitation constitutes an aggravated offence. The Committee also notes that, as per section 2 of the Counter-Trafficking Act, a “child” is defined as a person below the age of 18 years and the term “exploitation” includes keeping a person in a state of slavery, compelling or causing a person to provide forced labour or services as well as the exploitation of the prostitution of another and engaging in any form of commercial sexual exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography and for pornographic performances. Noting that there appeared to be no law addressing child pornography, the Committee requested the Government to take the necessary measures to secure the prohibition of the use, procuring and offering of a child for pornography and for pornographic performances.

The Committee notes with interest that the offences covered under section 5 of the Counter-Trafficking Act relate to trafficking of children for the purposes of exploitation, and exploitation includes child pornography. According to section 2 of the Counter-Trafficking Act, “child pornography” means any audio or visual depiction of sexually explicit conduct involving a child made or produced by electronic, mechanical or other means.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that sections 5, 6 and 7 of Drugs (Prevention of Misuse) Act No. 22 of 1988, prohibit the importation, exportation, production, possession and sale of controlled drugs. According to section 16 of Act No. 22 of 1988, a person who commits the offence of drug trafficking, which includes conspiracy to commit any of the above offences, attempting, inciting, abetting or procuring another to commit any of the above offences, shall be punished. The Committee observes that Act No. 22 of 1988 does not contain any specific provisions to prohibit the use, procuring or offering of a child for such an offence. Nevertheless, the Committee notes the statement made by the Government in its combined second, third and fourth periodic report of 20 June 2013 to the Committee on the Rights of the Child (CRC/C/LCA/2-4, paragraph 178) (periodic report of 2013 to the CRC) that the country remains concerned at the number of children involved in drug trafficking in and outside of schools. The Committee accordingly urges the Government to take the necessary 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.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. The Committee notes the Government’s information that the Department of Labour carries out inspections in workplaces while the Department of Human Services and the police are mainly responsible for monitoring and administering the legislation regarding the commercial sexual exploitation and trafficking of persons. The Committee notes the Government’s information that currently no documented statistics are available concerning the number and nature of violations involving children and young persons in the worst forms of child labour. The Committee requests the Government to take the necessary measures to ensure that statistics on the incidence of the worst forms of child labour, including the trafficking and commercial sexual exploitation of children, are made available. It also requests the Government to indicate the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed for violations related to the worst forms of child labour.

Article 6. Programmes of action for the elimination of the worst forms of child labour. Trafficking. The Committee notes that, according to section 33(1) of the Counter-Trafficking Act, the Minister shall establish an inter-agency task force to develop and implement a National Plan for the Prevention of Trafficking in Persons. The Committee requests the Government to indicate the measures taken or envisaged to establish the national task force for prevention of trafficking in persons and to develop a National Plan for the Prevention of Trafficking in Persons pursuant to section 33(1) of the Counter-Trafficking Act.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation of children. The Committee previously noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2 June 2006 (CEDAW/C/LCA/CO/6), had expressed concern at the lack of information regarding the extent of trafficking in women and girls and the causes and extent of prostitution in the country, in particular the scale of this phenomenon in the tourism industry. It also noted the concerns expressed by CEDAW about the exploitation of prostitution and the absence of efforts to combat this phenomenon and recommended the State party to enhance collaboration with countries in the region to prevent and combat trafficking in women (paragraphs 19 and 20).

The Committee notes that, according to the Government’s periodic report of 2013 to the CRC, there are no plans of action to address the commercial sexual exploitation of children due to the absence of actual data and scarce human and financial resources. The Committee, therefore, once again requests the Government to take the necessary measures to assess the number of children engaged in commercial sexual exploitation in order for it to be able to adopt appropriate measures thereafter to remove children from this worst form of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the concrete measures taken in this regard.