Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Grenade (Ratification: 2003)

Autre commentaire sur C182

Demande directe

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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 that section 188 of the Criminal Code prohibits the procuring of any female to become, either within or outside Grenada, a prostitute or to leave Grenada with the intent that she may become an inmate of a brothel elsewhere. The Committee noted, however, that the Criminal Code did not seem to prohibit the sale and trafficking of boys for prostitution, as well as the sale and trafficking of children for labour exploitation.

The Committee notes the Government’s statement in its report that though specific reference is not made to the protection of boys in the laws of Grenada, it is presumed to protect all vulnerable citizens, both males and females. In this regard, the Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, including boys under 18 years of age for economic or sexual exploitation, are considered as one of the worst forms of child labour and that, under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore urges the Government to take the necessary measures to ensure that the sale and trafficking of all children for labour exploitation, as well as of boys below 18 years of age for sexual exploitation, is effectively prohibited.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee previously noted that section 188 of the Criminal Code which criminalizes the procuring of girls for prostitution, did not appear to criminalize the use of a child for sexual exploitation and, furthermore, did not seem to prohibit the use, procuring or offering of boys for prostitution. It notes that in its concluding observations of February 2012, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the reports of high levels of sexual abuse and exploitation of the girl child and young women. CEDAW also expressed concern at the inadequate legislation and policy in this regard (CEDAW/C/GRD/CO1-5, paragraph 25). The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2010, regretted that there was no protection for boys against sexual exploitation (CRC/C/GRD/CO/2, paragraph 57). The Committee therefore urges the Government to take the necessary measures to criminalize clients who use children under 18 years of age for prostitution and to establish sanctions for this purpose. Furthermore, reminding the Government that the prohibition under Article 3(b) of the Convention applies to all children, including boys under the age of 18 years, the Committee urges the Government to take immediate measures to prohibit the use, procuring or offering of boys under 18 years of age for prostitution.

2. Pornography. The Committee previously noted section 429 of the Criminal Code, which provides for a general prohibition on publishing, selling or offering for sale, any obscene book, writing or representation. It observed that the national legislation did not seem to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to prohibit specifically the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances.

Clause (d) and Article 4(1). Hazardous work. In its previous comments, the Committee took note of sections 47(2) and 135(4) of the Shipping Act, which prohibit the employment of persons under the age of 18 years in any capacity in any Grenadian ship, as well as in the engine room of any vessel. In addition, it noted section 16(2) of the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) which provided that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them. The Committee requested the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of employment or work which, by its nature or the circumstances by which it is carried out, is likely to jeopardize their health, safety or morals, by determining types of hazardous work to be prohibited to children under 18 years of age.

The Committee notes with interest that section 4 of the Recruitment of Workers Act of 1939 prohibits the recruitment of persons under the age of 18 years, provided that the minister may, by regulation, authorize persons above the age of 16 years to be recruited for light work with the consent of their parents/guardian and subject to conditions prescribed by the regulation. Furthermore, according to section 5 of the Recruiting of Workers Regulations of 1941, no juvenile between the ages of 16 and 18 years shall be recruited, except with the consent of their parents/guardian and provided that the conditions of employment are stated in writing and approved by the district Magistrate, that the employment is suitable, and that the welfare of the juvenile is sufficiently safeguarded. The Committee further notes the Government’s information that, to date, there have been no reported incidents of work which contribute to harmful effects on the health, safety and morals of children and hence no types of hazardous work have been identified.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour (MoL), the Child Welfare Authority, the Royal Grenada Police Force and the Ministry of Education jointly collaborate to effectively monitor the implementation of the provisions of the Convention. It also notes the Government’s statement that the officers within the MoL pay random visits to various places of employment to ensure that occupational safety and health (OSH) measures are complied with. Measures to promote public awareness have also been adopted by the MoL. Moreover, employers are encouraged to contact the MoL to engage the relevant personnel in facilitating training sessions on OSH in the workplace. The Committee also notes, from the Government’s second periodic report to the CRC of August 2009, that it has introduced, since 2003, school attendance officers who are responsible for ensuring that children attend school on a regular basis (CRC/C/GRD/2, paragraph 180).

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 notes that Education Act No. 21 of 2002 provides for free and compulsory education to all children up to the age of 16 years. It also notes from the Government’s second periodic report to the CRC of August 2009 that the Strategic Plan for Educational Enhancement and Development (SPEED 2) has been revised in order to promote and develop an educational experience relevant to the needs of the Grenadian society (CRC/C/6RD/2, paragraph 163). The report also indicated that full access to secondary education for all students was implemented in Carriacou and Petite Martinique in 2000 and 2008. Moreover, in order to achieve universal secondary education, the Government engaged in the implementation of the Educational Development Project of the Organization of Eastern Caribbean States, funded by the World Bank. In addition, a school feeding programme was introduced in all primary schools (58 schools), 11 secondary schools and 15 day care centres and pre-schools. The Committee notes that, according to the data provided by the World Bank, the gross enrolment rate at primary level stood at 103 per cent in 2010. The Committee notes, however, that in its concluding observations of June 2010, the CRC, while noting the high enrolment rates at the primary level, regretted that 21 per cent of enrolled students drop out of school before reaching grade five, and that one child in six is not enrolled in secondary school (CRC/C/GRD/CO/2, paragraph 53). Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to reduce school drop-out rates at the primary level. It also requests the Government to provide information on the measures taken in this regard, as well as on updated statistical data on primary and secondary school enrolment and drop-out rates.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, in its concluding observations of February 2012, CEDAW regretted the limited data available on trafficking and sexual exploitation (CEDAW/C/GRD/CO1-5, paragraph 25). The Committee, therefore, requests the Government to ensure that sufficient data on the worst forms of child labour, particularly with regard to the trafficking and commercial sexual exploitation of children under the age of 18 years, is made available. It also requests the Government to indicate the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions applied with regard to the worst forms of child labour. To the extent possible, all information should be disaggregated by sex and age.