Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Sainte-Lucie (Ratification: 2000)

Autre commentaire sur C182

Demande directe

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The Committee notes with deep concern that the Government’s report on Convention No. 182, due since 2016, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that sections 5, 6 and 7 of Drugs (Prevention of Misuse) Act No. 22 of 1988, as amended in 1993 and 2004, prohibit the importation, exportation, production, supply and handling of controlled drugs. The Committee further notes that under section 13 of the Act No. 22 of 1988, as amended in 1993 and 2004, any person who employs, hires, or uses a child or a young person under the age of 18 years in the drug trade commits an offence under this Act. The Committee also observes that the 2017 ILO publication “Rapid assessment of child labour in Saint Lucia” indicates a growing concern for children being affiliated with gangs and used to perform illicit activities, including transporting and trading drugs. The Committee requests the Government to indicate the legislative provisions that provide for specific penalties for violation of section 13 of the Drugs (Prevention of Misuse) Act No. 22 of 1988, as amended in 1993 and 2004, and to supply statistical data on the number of investigations and prosecutions carried out as well as the convictions and penalties imposed in this respect.

Article 6. Programmes of action for the elimination of the worst forms of child labour. Trafficking. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to establish the National Task Force for the Prevention of Trafficking in Persons and to develop a National Plan for the Prevention of Trafficking in Persons pursuant to section 33(1) of the Counter-Trafficking Act. While reiterating its concern at the absence of a Government report, the Committee takes due note of the elaboration of the National Action Plan for Combating Trafficking in Persons for 2015-2018 and the establishment of a National Task Force to deal with matters related to the trafficking in persons (the National report of Saint Lucia submitted to the UN Human Rights Council, A/HRC/WG.6/23/LCA/1, paragraph 25). The Committee requests the Government to provide information on the implementation of the National Action Plan for 2015-2018 and the results achieved with respect to the elimination of the worst forms of child labour. It also requests the Government to provide information on the activities of the National Task Force for the Prevention of Trafficking in Persons in preventing and combatting trafficking in children.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation of children. The Committee previously noted the lack of information regarding the extent of trafficking in women and girls and the causes and extent of prostitution in the country, particularly in the tourism industry. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 2014, noted that Saint Lucia was a destination country for persons subjected to forced prostitution and labour exploitation, and expressed concern about indications that children under 18 were coerced to engage in commercial sex (CRC/C/LCA/CO/2-4, paragraph 60). The Committee reiterates its request to the Government to take the necessary measures to assess the number of children engaged in commercial sexual exploitation to be able to adopt appropriate measures aimed to remove children from this worst form of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on any progress made in this respect.

Application of the Convention in practice. In its previous comments, the Committee noted an absence of documented statistics concerning the number and nature of violations involving children and young persons in the worst forms of child labour. The Committee further notes the indication in the 2017 ILO Rapid assessment of child labour concerning the limited availability and unreliability of existing statistical data on child labour, including its worst forms. In this respect, the Committee observes that, on 15 May 2019, Saint Lucia’s Ministry of Equity, Ministry of Economic Development, and UNICEF Eastern Caribbean signed a Memorandum of Understanding to conduct a Multiple Indicator Cluster Survey in the country (the 2019 UNICEF’s publication “Children in Focus”). Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to undertake relevant surveys on child labour and its worst forms and requests the Government to take the necessary measures to ensure that statistics on the incidence of the worst forms of child labour, if possible disaggregated by gender and age, are made available.