Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report. It requests it to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children under the age of 18 years. It noted the Government’s information that in 2004, a study was undertaken on the harmonization of legislation in Barbados with regard to child labour, including its worst forms. The study makes some recommendations pertaining to relevant amendment of legislation, which will be discussed with stakeholders before action is taken. The Committee requested the Government to indicate whether that study includes the issue of sale and trafficking in children and, if so, to provide information on the measures taken to ensure that the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation is prohibited in the national legislation. The Committee notes the Government’s indication that there is no information at its disposal with regard to the sale and trafficking of children. It recalls once again that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. It therefore repeats its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age, in conformity with Article 3(a) of the Convention.

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted that, according to section 8(1) of the Employment (Miscellaneous Provisions) Act, 1977 (as amended in 2001), no “young person” (defined as a person who has attained the age of 16 years but who has not attained the age of 18 years) may be employed in any industrial undertaking during the night or in any work which, by its nature or the circumstances in which it is done, is likely to cause injury to the health, safety or morals of young persons. Furthermore, as noted in its comments under Convention No. 138, the Committee observed that the Factories Act, 1984, and the Shipping Act, 1994, also make provisions for the health and protection of children and young persons engaged in work in factories and on board ships. The Committee noted the Government’s information that a subcommittee was launched in 2005 to develop a list of dangerous work to be prohibited for children under 18 years of age. It further noted the Government’s hope that the list would be finalized by the end of the year. The Committee notes the Government’s information that this activity is still in progress. It once again trusts that, in determining the types of work to be considered as hazardous, due consideration will be given to relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again asks the Government to provide a copy of the list of the types of hazardous work as soon as it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted the Government’s indication that information on the measures taken or envisaged to identify where hazardous work exists cannot be supplied because the Ministry has only just started to develop a list of hazardous work. The Committee once again asks the Government to provide information in this regard as soon as the list of types of hazardous work has been adopted.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Child Care Board and the Labour Department are responsible for monitoring child labour, and are empowered to conduct investigations and inspections if a problem of child labour is reported. It further noted the Government’s information that the National Child Labour Committee, which includes members of the employers’ and workers’ organizations, is the monitoring mechanism which implements the provisions giving effect to the Convention. It also noted that much of the work is carried out by its various subcommittees, which have the following responsibilities: education; harmonization of legislation; development of questionnaires on child economic activities; development of a list pertaining to hazardous work and child labour. The Committee requested the Government to provide further information on the functioning and accomplishments of the National Child Labour Committee and its subcommittees, as well as information on the activities of the Child Care Board and labour officers.

The Committee notes the Government’s information that, with respect to the questionnaire on child economic activities, the pilot phase has been completed successfully and the document will be used in 2006. It also notes the Government’s information that inspections are conducted by officers of the labour department under the Shops Act and the Factories Act. These routine inspections are carried out to ensure that employers are complying with the requirements of the legislation. It further notes that no examples of the worst forms of child labour have been discovered during inspections made under the Shops Act, and that, when inspections are carried out under the Factories Act, the officers pay particular attention to ensure that the health and safety of all employees, including young persons, are not compromised.

However, the Committee notes the Government’s indication that the worst forms of child labour will not be unearthed through the labour inspection function. Furthermore, the Barbados Workers’ Union expresses concern that persons under the age of 18 years are being abused within the definition of the worst forms of child labour in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drugs trade. The union considers that the inspection and monitoring systems should be more fully strengthened and empowered to prosecute where there is evidence that minors are being procured for illicit activities. The Committee further recalls the ILO “Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” of December 2002, which states that, despite the strong policy and legal framework, monitoring strategies appear to be inadequate, and that the establishment of a centralized database of reports across related sectors such as education, health, social services and probation, the police and justice system could provide better surveillance. Accordingly, the Committee requests the Government to provide information on measures taken or envisaged to strengthen labour inspection mechanisms in practice. It also requests the Government to provide a copy of the questionnaire on child economic activities from the pilot phase along with its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados prepared a National Plan of Action which, among other subjects, includes: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. It also noted the Government’s indication that, in 2002, the Caribbean Office of the ILO embarked on a project entitled “Identification, elimination and prevention of the worst forms of child labour in the Anglophone- and Dutch-speaking Caribbean”. It also noted that Barbados was one of the countries selected for participation in this programme, which aims to contribute to the elimination of the worst forms of child labour by undertaking policy-oriented research and awareness-raising activities. The Committee requested the Government to provide more detailed information on the achievements and impact of this programme on eliminating the worst forms of child labour. It also requested the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour. Noting the absence of information provided by the Government on this point, the Committee once again requests it to provide information on the achievements and impact of the abovementioned programme. It further repeats its request to the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s indication that, in March 2005, a concept paper on an education programme on child labour was finalized for selected interest groups, such as guidance counsellors, teachers, parents, children, media, law enforcement officers, community groups and churches. The training includes the use of the ILO/IPEC SCREAM methodology, which aims to inform young people about the injustices that exist with the focus on child labour so that they in turn can speak out against child labour. The Committee requested the Government to continue to provide further information on the implementation of this programme. Noting the absence of information by the Government on this point, the Committee repeats its request to the Government to provide further information on the abovementioned education programme.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the Government’s indication that Barbados has engaged in a number of poverty alleviation programmes and that measures have been introduced to create an environment to support economic growth and development. It further noted that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour. The Committee had requested the Government to supply information on any notable impact of the poverty alleviation programmes introduced by the Government on removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee once again notes that the Government’s report contains no information on this point. It once again requests the Government to provide information on the implementation of the poverty alleviation programmes and on their impact on removing children from the worst forms of child labour and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee had previously noted that, according to the ILO rapid assessment study, the country’s HIV/AIDS status is of special importance because of the risks associated with the sexual exploitation of children, and the impact of the pandemic on the family. The Committee had requested the Government to provide information on measures taken or envisaged to address the situation of these children. The Committee once again notes the absence of information on this point. Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee once again asks the Government to provide information on effective and time-bound measures taken to address the situation of these children.

Parts IV and V of the report form. Practical application of the Convention. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that, at this stage, Barbados is applying the Convention in a general way because of the lack of research data. The Committee notes the Government’s information that the worst forms of child labour relate to the sexual exploitation of children, and that it is difficult to respond to queries about the commercial sexual exploitation of children since the Ministry of Labour and Social Security has to be informed by solid research, which is lacking. Budgetary constraints have not enabled the Ministry to embark on this research. It further notes the Government’s indication that the Ministry of Labour and Social Security will do whatever it can with the resources at its disposal to address the issue of child labour. Accordingly, the Committee repeats its request to the Government to give an appreciation of the manner in which the Convention is applied. It also asks the Government to supply copies or extracts from official documents including inspection reports, 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.