Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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 the Government’s information that Trinidad and Tobago had no statutory provision to prohibit the sale and trafficking of children. The Committee notes the Government’s statement that, while there are still no specific statutory provisions directly prohibiting the trafficking of children, various pieces of legislation prohibit the sale of children (such as the Offences Against the Persons Act, the Summary Offences Act, the Children Act (and amendments), the Sexual Offences (Amendment) Act, the Kidnapping Act, the Children’s Authority Act and the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act, 2007).

The Committee also notes the Government’s statement that it is currently considering a draft Caribbean Counter-Trafficking Model Legislation, presented by the International Organization for Migration (IOM). The 2009 report on trafficking in persons in Trinidad and Tobago, available on the Office of the High Commissioner for Refugees website (www.unhcr.org) (Trafficking Report) indicates that experts were engaged to assist with writing an anti-trafficking law for Trinidad and Tobago. The Committee further notes that the Children Bill (introduced in Parliament in January 2010) contains provisions prohibiting the trafficking of children. Section 61 of this Bill makes it an offence to recruit, transport, transfer, harbour or receive a child by means of threat or use of force or other forms of coercion; abduction; fraud; deception; or the abuse of power. Section 2(1) of the Children Bill defines a child as a person under 18 years of age. However, the Committee notes with regret that, according to the information available on the website of the Parliament of Trinidad and Tobago (www.ttparliament.org) the Children Bill lapsed, as of 10 April 2010, following the dissolution of the session of Parliament. The Committee also notes that the Children Bill has yet to be re-introduced in the current session of Parliament.

The Committee notes the information in the Trafficking Report that Trinidad and Tobago is a destination and transit country for women and children trafficked for the purpose of commercial sexual exploitation. Women and girls from Colombia, Bolivarian Republic of Venezuela, Guyana, Suriname and the Dominican Republic have been identified as trafficking victims in Trinidadian brothels and casinos. The Trafficking Report also indicates that Trinidad and Tobago is a transit point to Caribbean destinations such as Barbados and the Netherlands Antilles for traffickers and their victims. The Committee further notes the statement in a report on the trafficking in persons of 14 June 2010 (also available on the website of the Office of the High Commissioner for Refugees) that the lack of comprehensive legislation criminalizing human trafficking was a significant limitation in the Government’s ability to address human trafficking in Trinidad and Tobago. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. Therefore, the Committee urges the Government to take the necessary measures to ensure that the legislation prohibiting the sale and trafficking of persons under 18 is adopted in the near future.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s statement that the existing legislation does not contain specific provisions addressing child pornography.

The Committee notes the Government’s indication that sections 56–60 of the proposed Children Bill contain provisions prohibiting the use, procuring or offering of children for the production of pornography. Section 2 of the Children Bill defines child pornography as a photograph, film, video or other visual representation that shows, for a sexual purpose, a person who is or is depicted as being under 18 years of age engaging in or depicted as engaging in explicit sexual activity or conduct. Section 56 of the Children Bill prohibits the making of child pornography (or permitting it to be made), and section 58 prohibits intentionally causing or inciting a child to be involved in pornography, in any part of the world. Section 60 prohibits arranging or facilitating a child to be involved in child pornography. Observing that the Children Bill lapsed in April 2010, the Committee once again urges the Government to take immediate measures to prohibit the use, procuring or offering of a person under 18 years of age for the production of pornography and pornographic performances, in the near future. It requests the Government to provide a copy of the relevant legislation, once adopted.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee previously requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for the production and trafficking of drugs. The Committee notes the information in the Government’s report that Part VI of the forthcoming Children Bill contains provisions protecting children from this worst form of child labour. The Committee notes that section 46 of the Children Bill prohibits using, or causing a child to be used or to act as a courier to buy, sell, purvey or deliver drugs, and that section 47 prohibits these acts specifically in relation to the trafficking of drugs. However, in view that the Children Bill is no longer under discussion by Parliament, the Committee strongly requests the Government to take the necessary measures, as a matter of urgency, to prohibit the use, procuring or offering of children under 18 years of age for the production and trafficking of drugs.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children, based on guidelines provided by a National Seminar on Hazardous Occupations and Children, held in October 2004. The Committee noted that the MOLMED had contracted the services of an attorney-at-law to review, inter alia, the list of the types of hazardous work put forward by the factory inspectorate unit. The Committee expressed the hope that this list would soon be adopted.

The Committee notes the Government’s statement that a list of occupations deemed hazardous to children will be submitted when it is adopted. Recalling that, pursuant to Article 1 of the Convention, each Member that ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency, and noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. 1. Data collection and child protection. The Committee previously noted the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work and 12 in commercial sexual activity. It further noted that a National Youth Activity Survey was planned for implementation in 2006, and requested a copy of the Survey as soon as it had been realized.

The Committee notes the Government’s statement that the Youth Activity Survey has yet to be undertaken, and that the MOLMED intends to conduct the Survey in the 2009–10 fiscal year. The Committee also notes the information in the Government’s report that the Central Statistical Office does not collect data on illegal activities such as child labour, though that a workshop was conducted by the ILO in November 2008 to discuss ways of addressing this issue. The Committee further notes the information submitted in the Government’s report under the Labour Inspection Convention, 1947 (No. 81), that the labour inspection unit is in discussions with the Ministry of Social Development to develop an MOU to facilitate cooperation between the Unit and the newly formed Children’s Authority of Trinidad and Tobago, to better address issues of child labour. The Committee requests the Government to provide information on the MOU between the labour inspection unit and the Ministry of Social Development, particularly with regard to the protection of children from the worst forms of child labour. In addition, noting that the Youth Activity Survey was originally planned for 2006, the Committee requests the Government to take the necessary measures to ensure that the Youth Activity Survey is undertaken in the near future, and to provide a copy of the Survey’s results, once it has been realized.

2. Trafficking. The Committee previously requested the Government to indicate whether monitoring mechanisms to ensure the application of the Convention had been implemented, to complement the work of the Labour Inspectorate Unit. The Committee notes the Government’s statement that work is ongoing to enhance monitoring mechanisms to ensure the application of the provisions of the Convention. The Committee also notes the information submitted in the Government’s report under Convention No. 81 that labour inspectors have received training arranged by the ILO on their role in child labour and human trafficking issues. The Committee further notes the information in the Trafficking Report that the Government, in partnership with the IOM, provided anti-trafficking training to more than 1,500 law enforcement officers last year, and published reference guides for immigration and police personnel on this topic.

However, the Committee notes the information in the Trafficking Report that, during the reporting period, the Government achieved no prosecutions, convictions, or sentences of trafficking offenders. Nonetheless, the Committee notes the information in the 2009 UNODC Global Trafficking Report that, in the first five months of 2008, seven female trafficking victims were discovered, including two minors. Moreover, the Trafficking Report states that “vigorous government efforts to investigate and prosecute trafficking crimes remained limited”. Therefore, while noting the measures taken to provide training to officials to combat trafficking, the Committee expresses concern that monitoring mechanisms in this area remain weak. The Committee strongly urges the Government to take the necessary measures to strengthen monitoring mechanisms for the worst forms of child labour, particularly child trafficking. In this regard, the Committee requests the Government to provide information on the concrete measures taken, and the impact of these measures on the practical application of the Convention, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed in application of the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

Article 6. Programmes of action. The Committee previously noted that a revised National Plan of Action for Children (NPA) was drafted for the period 2006–10. The NPA focused on four priority areas: promoting healthy lives; providing quality education; protecting children against abuse, exploitation and violence; and combating HIV/AIDS, in addition to addressing the issues of the sexual exploitation of children (including trafficking and abduction) and the elimination and prevention of all forms of child labour.

The Committee notes the information in the Government’s report on the status of the implementation of NPA measures pertaining to the issue of child labour. The Committee notes that the Children’s Authority Amendment Act was passed in 2008, to allow for the establishment of the Children’s Authority Board, as an agency responsible for overall child development. The Committee also notes that a draft of a National Policy for the Prevention and Elimination of Child Labour in Trinidad and Tobago has been drawn up, and will be finalized following the results of the Youth Activity Survey. The Committee requests the Government to continue to provide information on measures taken within the framework of the NPA that address the worst forms of child labour, as well as the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee previously noted that education in Trinidad and Tobago is compulsory until the age of 12 years, and that the Government provides for free primary and secondary education. However, the Committee noted that, according to the 2002 ILO Rapid Assessment Study, most children interviewed only obtained primary education. The UNDP’s National Human Development Report of 2000 further indicated that significant numbers of students dropped out of school. The Committee also noted the Government’s information that the Ministry of Education had taken a preventive approach in the elimination of the worst forms of child labour, and had initiated several programmes to encourage children to stay in school. These included textbook programmes to reduce the cost of school for disadvantaged students, school transportation and nutrition programmes, an inclusive education initiative and the offering of alternative education programmes. The Committee further noted that the Ministry of Education established a legislative review committee in 2006 with the objective of producing a new Education Act. It requested the Government to provide information on the output of the legislative review committee with regard to increasing the age of completion of compulsory schooling.

The Committee notes the Government’s indication that the Ministry of Education is preparing a policy document in support of bringing the age of compulsory schooling into line with the minimum age for admission to employment of 16 years. The Committee also notes the information in the UNESCO report entitled “Education for All (EFA): Global Monitoring Report 2009” that indicates that, in 2005, 9 per cent of children dropped out prior to the completion of grade 5, and 16 per cent of children drop out prior to the completion of the last grade of primary school (grade 6), for a total of 15,000 out-of-school children at the primary-school age. This report also indicates that 7 per cent of children do not make the transition from primary to secondary school, and that the net enrolment rate in secondary education is 65 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve the functioning of the education system, to reduce drop-out rates and increase enrolment rates, particularly at the secondary level. The Committee requests the Government to provide information on measures taken in this regard, and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the information in the Government’s report that it has recently approved a proposal for a nine-month plan to combat trafficking. This plan includes measures to protect victims of trafficking. However, the Committee notes the statement in the Trafficking Report that, currently, adequate victim services are extremely limited.

The Committee also notes the information in the Trafficking Report that international organizations and NGOs provide care and services for victims of trafficking. Foreign trafficking victims are maintained in NGO safe houses until authorities in the victim’s home country can be contacted to assist with travel documents and repatriation. However, the Trafficking Report indicates that foreign victims of trafficking are not eligible to receive governmental services, such as medical assistance, counselling, or legal assistance with filing a complaint and that most foreign victims are detained and deported with no legal alternative to their removal. The Committee therefore requests the Government to take the necessary measures to ensure that victims of trafficking under 18 from all nationalities receive adequate assistance, and requests the Government to provide information on the number of children who benefit from services for their rehabilitation and social reintegration. With regard to children who are foreign nationals, the Committee requests the Government to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin, taking account of the special situation of girls.