Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 138) sur l'âge minimum, 1973 - Jamaïque (Ratification: 2003)

Autre commentaire sur C138

Observation

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Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that the draft list of types of hazardous work prohibited for persons below 18 years of age which was developed in consultation with the social partners would be included in the regulations of the new Occupational Safety and Health Act (OSH Act). It also noted the Government’s indication that, pending the adoption of the OSH Act, improvements were being made to this list to make it more comprehensive. The Committee urged the Government to take the necessary measures to ensure the adoption of this list of hazardous work prohibited to children.

The Committee notes the Government’s information in its report that the National Steering Committee on Child Labour has finalized the Hazardous Work List in April 2019 and that it is in the final stage of getting appended to the Child Care and Protection Act (CCPA) as well as to the OSH Bill which is currently being considered by a Joint Select Committee of the Houses of Parliament. Noting that the Government has been referring to the compilation and adoption of this list since 2006, the Committee urges the Government to take the necessary measures to ensure the adoption, without delay, of the list of types of hazardous work prohibited for persons under 18 years of age, either with the CCPA or OSH Bill. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that section 34(1) and (2) of the CCPA permits the employment of a child between 13 and 15 years of age in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations of the new OSH Act.

The Committee notes the Government’s indication that the Light Work List has been finalized through consultations with the members of the National Steering Committee on Child Labour and that amendments to the respective legislation to which it shall be appended will be completed at the soonest possible time. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure the adoption of the list of light work activities permitted for children between 13 and 15 years of age. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. It noted the Government’s indication that the CCPA was being reviewed and would include provisions prescribing employers to keep records of children employed for artistic performances and requiring a person employing a child to notify and provide the Child Labour Unit of the Ministry of Labour and Social Security with relevant details in order to receive the grant of an exemption permit.

The Government states that the CCPA is being amended to include provisions in accordance with Article 9(3) of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments to the CCPA will include provisions prescribing registers to be kept by employers hiring children under 18 years of age, in accordance with Article 9(3) of the Convention, and that it will be adopted without delay. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

Labour inspection and the application of the Convention in practice. The Committee previously noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. It also noted the Government’s information that in the framework of the adoption of the new OSH Act, capacity-building workshops had been conducted for labour inspectors in order to provide an update on their new roles and responsibilities under the new Act. It noted however that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor child labour in the informal economy. The Committee urged the Government to ensure the adoption of the draft OSH Act and to continue to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate to informal economy.

The Committee notes the Government’s information that the Ministry of Labour and Social Security continues to provide training, workshops and sensitization sessions aimed at preparing labour inspectors to carry out their functions under the impending OSH Act. The Committee however notes from an ILO publication entitled Child labour and the Youth Decent Work Deficit in Jamaica, 2018, that expanding the Government’s actual capacity to monitor formal workplaces remains a major challenge, and unregistered businesses in the informal economy are largely outside the formal inspection regime. The Committee notes that according to the report of the Jamaican National Youth Activity Survey, 2016, 5.8 per cent of children (38,000) between the ages of 5 and 17 years are engaged in child labour. Among these, 68.6 per cent of children (26,000) are involved in hazardous work. A vast majority of children are employed in private households (50.1 per cent), followed by wholesale and retail (20.7 per cent), and the agriculture and fishing sectors (17.4 per cent). The Committee notes with concern that a significant number of children are engaged in child labour, including in hazardous work. The Committee accordingly urges the Government to intensify its efforts to ensure the effective elimination of child labour, particularly in the informal economy and in hazardous conditions. In this regard, it strongly encourages the Government to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including through the allocation of additional resources, in monitoring child labour in the informal economy. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved.

The Committee expresses the hope that the Government will continue to take into consideration the Committee’s comments while revising the CCPA and the OSH Act. It further expresses the firm hope that the revised legislations will be adopted without delay.