Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with regret that, for the fifth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children and compulsory recruitment of children for use in armed conflict. The Committee noted that the Government has provided no information as regards the measures taken to secure the prohibition and elimination of the sale and trafficking of children and the compulsory recruitment of children for use in armed conflict. The Committee therefore asks the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of these worst forms of child labour with regard to all persons under the age of 18.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its report, the Government refers to section 2(c) of the Probation and Child Welfare Board Act, 1994 which defines the expression “child abuse” as a non-accidental injury inflicted upon a child by a person responsible for the care and maintenance of the child including sexual abuse as defined by law or the involvement of any child in activities of a sexual nature to which they cannot give consent including engaging in prostitution, the photographing or depiction of a child for indecent or pornographic purposes or a course of sexual conduct that causes or is likely to cause the health or welfare of the child to be harmed or threatened. The Committee observed that section 2(c) of the Act just gives a definition of the expression “child abuse”. It also observed that the substantive provision of the Act concerning child abuse is section 4 of the Act which provides for the duty of certain professionals dealing with children, such as doctors, social workers, police officers and teachers, to report child abuse cases to the Child Welfare Board, and does not prohibit the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In this regard, the Committee drew the Government’s attention to Article 1 which requests the Government to take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition of the use, procuring or offering of a child less than 18 years of age for prostitution, for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee observed that the Government has provided no information as regards this disposition of the Convention. In this respect, it reminded the Government that by virtue of Article 3(c) of the Convention 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, is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall 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 therefore asks the Government to identify and provide the text of any legislation prohibiting 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, or to indicate the steps it envisages in order to adopt rules against such practices.

Articles 3(d) and 4. Hazardous work. The Committee noted that under the terms of section 3(g) of the Employment of Children (Restriction) Ordinance 1966, no child shall be employed in any occupation likely to be injurious to his life, limb, health or education, regard being had to his physical condition. According to section 2 of the Employment of Children (Restriction) Ordinance, as amended by Act No. 19 of 2002, the term “child” means a person under the age of 16 years. Moreover, the Employment of Women, Young Persons and Children Act, 1939, contains provisions on general restrictions and conditions of employment of children (under 16) and young persons (between 16 and 18). According to section 4(1) of the Act of 1939, no child shall be employed or work in any public or private industrial undertaking, or in any branch thereof. By virtue of section 5, no child shall be employed or work on any ship. And, under the terms of section 7(1), no young person shall be employed or work during the night in any public or private industrial undertaking, or in any branch thereof.

The Committee observed that section 7(1) of the Employment of Women, Young Persons and Children Act, 1939, sets the age for admission to night work at 18 years of age. It also observed that some provisions of the abovementioned Acts set the age for admission to work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children at 16 years (section 3(g) of the Employment of Children (Restriction) Ordinance 1966, sections 4(1) and 5 of the Employment of Women, Young Persons and Children Act, 1939). The Committee reminded the Government that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under the age of 18 years is considered as one of the worst forms of child labour, and that under the terms of 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 as a matter of urgency. It therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition of this worst form of child labour with regard to all persons under the age of 18 years.

Moreover, the Committee observed that section 3(g) of the Employment of Children (Restriction) Ordinance, 1966, which prohibits the employment of children in any occupation likely to be injurious to his life, limb, health or education, regard being had to his physical condition, does not determine the types of hazardous work. The Committee drew the Government’s attention to Article 4(1), of the Convention according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organization of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 5. Monitoring mechanisms. The Committee noted the information provided by the Government in its report according to which school attendance officer has powers to inspect and monitor work establishments. The Department of Labour has a designated labour officer to monitor the implementation of this Convention and the social partners have been informed of the designated “child labour inspector”. The Committee requests the Government to provide information on the functioning of mechanisms monitoring the implementation of the provisions giving effect to this Convention, including any extracts of reports and documents.

Article 7, paragraph 1. Penalties. The Committee noted that the Government has provided no information as regards the measures taken to ensure the effective implementation and enforcement of Article 3(a)–(c) of the Convention, which respect to: (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. The Committee also noted the Government’s statement that the provisions of laws in today’s context are inadequate and are currently being discussed with social partners for improvement. The Committee requests the Government to indicate any progress made in the discussion with social partners on adopting or amending national legislation giving effect to Article 3(a)–(c) of the Convention. It also asks the Government to supply a copy of the Criminal Law and to provide information on how existing penal or other sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee noted that the Education Act, 1975, provides for free basic education for all children from ages 5 to 16. It also notes that, in its concluding observations on the initial report of Saint Kitts and Nevis in August 1999 (CRC/C/15/Add.104, paragraph 28), the Committee on the Rights of the Child, while recognizing the efforts made by the Government in the area of education, remained concerned at the high drop-out rate for males in the upper grades of primary school, the poor reading ability of primary‑school males and the high incidence of truancy. The Committee on the Rights of the Child also expressed its concern that the policy, which allows teenage mothers to re-enter the educational system, has not been equally implemented in both islands. The Committee on the Rights of the Child further recommended that the Government seek to implement additional measures to encourage children, especially boys, to stay in school, particularly during the period of compulsory education. In this regard, it urged the Government to take all necessary measures to ensure the full implementation of its policy regarding the readmission of teenage mothers into the school system in all regions of its territory. The Committee considered that laws and regulations making school attendance compulsory for all children makes a major contribution to eliminating the worst forms of child labour. It accordingly requests the Government to provide information on the effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour.

The Committee noted the absence of information in the Government’s report on the existence of time-bound and effective measures: (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) ensure access to free basic education and 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 account of the special situation of girls. The Committee requests the Government to supply information on the measures taken or envisaged, as required under Article 7(2)(b), (c), (d) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Parts IV and V of the report form. In its concluding observations on the initial report of Saint Kitts and Nevis in August 1999(CRC/C/15/Add.104, paragraph 29), the Committee on the Rights of the Child expressed its concern, in view of the high drop-out rate for males in the upper grades of primary school, about the lack of information and adequate data on the situation of child labour and economic exploitation by the Government. The Committee on the Rights of the Child encouraged the Government to introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation, particularly within the informal sectors. It further recommended that the Government undertake a comprehensive study to assess the situation of child labour. Noting the information mentioned above, the Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Saint Kitts and Nevis, and to indicate any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and 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, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.