Solicitud directa (CEACR) - Adopción: 2017, Publicación: 107ª reunión CIT (2018)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting that the national legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years, the Committee requested the Government to take immediate measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances and to adopt sufficiently effective and dissuasive penalties.

The Committee notes with interest that the Sexual Offences Act of 1991, as amended in 2008, makes it an offence to produce, for the purpose of publication or not, any child pornography which shall be punished with life imprisonment (section 16A(1)). It also notes that according to section 16A(2) of this Act, any person who receives or disseminates for the purpose of distribution or sale of any child pornography; or possess any child pornography; or intentionally causes or incites any person under the age of 18 years to be involved in child pornography shall be punished with an imprisonment for a term of 20 years. “Child pornography” as defined under section 16A(3) includes any photographic, film, video or visual representation transmitted by electronic or mechanical means that shows or depicts a child under the age of 18 years as being engaged in sexual activity. The Committee requests the Government to provide information on the application in practice of section 16A(1), (2) and (3) of the Sexual Offences Act with regard to the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

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. The Committee previously noted that the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme was launched with the aim to improve quality of and access to early education, a strengthened capacity in schools to accommodate children with special needs, and a strengthened managerial capacity in the education system.

The Committee notes that according to the UNESCO statistics, the net enrolment rate at the primary level was 97.52 per cent in 2010 and at the secondary level, it was 82.69 per cent. The Committee notes that the Ministry of Education developed a Ten-Year Education Plan in 2009 with the strategic intent to improve student achievement and performance at school. The plan contains detailed short-term and long-term objectives which addresses the issues of access, equity, inclusion, quality and relevance throughout all levels of education. The Committee requests the Government to provide information on the implementation of the Ten-Year Education Plan, and the results achieved in terms of the increase in the school enrolment rates at primary and secondary level and the possible achievement of universal education.

Clause (d). Children at special risk. Children from poor families. The Committee previously observed that there are special groups of children who are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families.

The Committee notes that the Government’s report does not contain any information on the measures taken to protect such children from the worst forms of child labour. The Committee notes from the Report of the Special Rapporteur that Haitian children working as domestic servants are vulnerable to exploitative work conditions. The Committee once again requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the measures taken in this regard.