Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Bahamas (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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The Committee notes with interest that the Child Protection Act, 2007, entered into force on 1 October 2009.

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. In its previous comments, the Committee noted that subsections (a), (c) and (d) of section 7 of the Sexual Offences and Domestic Violence Act only cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. The Committee noted, however, that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children.

The Committee notes the absence of information in the Government’s report on this point. The Committee urges the Government to take immediate measures in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for labour exploitation, and to adopt sufficiently effective and dissuasive penalties. It once again requests the Government to provide information on progress made to this end.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It noted however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Once again recalling that, under the terms of Article 1 of the Convention, immediate and effective measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances must be taken as a matter of urgency, the Committee requests the Government to take immediate measures to prohibit this worst form of child labour, and to adopt sufficiently effective and dissuasive penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Dangerous Drugs Act prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and CIDA Regional Child Labour Project Study), children were involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee once again requests the Government to take immediate and effective measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and to adopt sufficiently effective and dissuasive sanctions. It also once again requests the Government to provide information on progress made in this regard.

Clause (d). Hazardous work. In its previous comments, the Committee noted that the Employment Act, 2001, did not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. It expressed the hope that the Government would take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future.

The Committee notes with interest that section 7(1) of the Child Protection Act provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his or her health, education, or mental, physical or moral development.

Article 4(1). Determination of hazardous work. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under the age of 18 years. In this regard, the Committee noted the Government arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information on this point in the Government’s report. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee urges the Government to take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also once again requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that, through several of its departments and agencies, it has undertaken a number of initiatives aimed at decreasing any instances of the worst forms of child labour. In this regard, the Royal Bahamas Police Force (RBPF) implemented a programme, in September 2012, whereby police presence has been increased in areas surrounding schools in order to crack down on illicit activities involving children. Moreover, the Urban Renewal Programme – a multi-agency initiative spearheaded by the Department of Social Services, Department of Environmental Health and the RBPF, among others – was reintroduced in early 2012 as a means of ensuring that personnel with the required expertise have a presence in communities throughout the country, in order to help reduce anti-social behaviour, including the involvement of children in illicit activities. The Committee requests the Government to provide information on the impact of the measures taken by the RBPF and within the framework of the Urban Renewal Programme on combating the worst forms of child labour and, in particular, the involvement of children under the age of 18 years in illicit activities.

Article 6. Programmes of action. The Committee previously noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a national committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take measures to design and implement an action plan to eliminate the worst forms of child labour. It once again requests the Government to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

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. In its previous comments, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. It notes however that, according to the report of 18 October 2011 of the Committee on the Elimination and Discrimination against Women in consideration of the fifth periodic report of the Bahamas (CEDAW/C/BHS/5, paragraph 88), the Support Programme for Transforming Education and Training, implemented in 2005 in collaboration with the Inter-American Development Bank, has recently been relaunched as the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Some results that are expected from this programme’s implementation are the improved 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. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee once again strongly encourages the Government to renew its efforts to improve the functioning of the educational system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It once again requests the Government to provide information, in its next report, on the results attained.

Clause (d). Children at special risk. 1. Children from poor families. The Committee noted that, according to the ILO and CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, 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 observed that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. Noting the absence of information in the Government’s report on this point, the Committee once again strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. The Committee once again requests the Government to provide information, in its next report, on the measures taken in this regard.

2. Child sex tourism. The Committee noted that the ILO and CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour and that some cases were associated with tourism. The Committee observed that children who are engaged in certain activities related to tourism are at risk of being involved in the worst forms of child labour, such as commercial sexual exploitation. The Committee therefore requests the Government to indicate whether measures have been taken to raise the awareness of the actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers, as well as owners of bars and restaurants and their employees, on the subject of commercial sexual exploitation.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that, according to the ILO Rapid Assessment Study of 2002, of the 189 activities reported, 52 were associated with the worst forms of child labour. In particular, there were 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography; nine activities (17 per cent) with illicit activities such as children selling drugs in school as well as on the streets; and four activities (8 per cent) associated with children in hazardous work. The ILO Rapid Assessment Study stated that for the worst forms of child labour, the youngest children were girls aged 12, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food. The Committee noted that, according to the ILO and CIDA Regional Child Labour Project Study, there is no legislative or institutional mandate for a systemic review of the national child labour situation.

The Committee notes the Government’s indication that, although some circumstances that existed at the time of the ILO and CIDA Regional Child Labour Project Study in 2005 were suggestive of the involvement of children in the worst forms of child labour, no cases have since been reported by any of the stakeholders. Considering, however, that there does not appear to be a mechanism of review of the national child labour situation in the Bahamas, the Committee urges the Government to take the necessary measures to determine the magnitude of child labour in the country and, in particular, the worst forms of child labour. The Committee once again requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour and the number of children covered by the measures giving effect to the Convention with its next report. To the extent possible, all information provided should be disaggregated by age and sex.