Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 138) sur l'âge minimum, 1973 - Bahamas (Ratification: 2001)

Autre commentaire sur C138

Observation

Demande directe

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Previous comments: observation and direct request

Article 1 of the Convention. National policy. Following its previous comments, the Committee notes the Government’s indication, in its report, that the National Policy for the Prevention and Elimination of Child Labour (NCLP) was adopted in 2021 by the National Tripartite Council (NTC), in collaboration with the ILO Office. The Government further indicates that the second Decent Work Country Programme (2021–26) (DWCP) was launched in December 2021, the aim of which is the general promotion of decent work, particularly in the framework of the recovery and reconstruction in the aftermath of Hurricane Dorian and the COVID-19 pandemic. Consequently, the DWCP should contribute to the elimination of child labour by mitigating some of the push factors that are inducing children to work (such as poverty or lack of decent work opportunities for their families). Moreover, the Committee observes that one of the outputs of the DWCP is to enhance national statistics on priority areas, including on the economic activities of children and youth. The Committee encourages the Government to continue taking the necessary measures to ensure the progressive elimination of child labour. It requests the Government to provide information on the progress made and results achieved, in particular in terms of the effective reduction of the prevalence of child labour, through the implementation of the NCLP and DWCP. It also requests the Government to provide updated statistics on the employment of children in economic activities in the Bahamas.

Article 2(1). Scope of application and labour inspection. Following its previous comments, the Committee notes the Government’s indication that the amendments to the Employment Act that the NTC and Department of Labour will undertake are expected to strengthen the powers of the labour inspectorate to increase the protection of children from child labour. This is also highlighted as an objective of the DWCP. The Committee requests the Government redouble its efforts to ensure that the capacity of the labour inspectorate is strengthened, and its reach expanded into the informal economy. It requests the Government to continue providing information on specific measures taken in this regard, as well as on the results achieved, including the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate.

Article 2(2) and (3). Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. Following its previous comments, and in response to the Government’s information in its report, the Committee recalls that there is no disparity between the age of admission to employment or work and the age of completion of compulsory schooling in the Bahamas, which are both 16 years of age according to national legislation. The disparity exists between the minimum age for employment or work in national legislation (16 years by virtue of section 7 of the Child Protection Act of 2007) and the minimum age for employment or work specified by the Bahamas at the time of ratification of the Convention (14 years). The Committee therefore encourages the Government to consider the possibility of sending a declaration under Article 2(2) of the Convention, thereby notifying the Director-General of the ILO that it has raised the minimum age to employment or work from 14 to 16 years of age.

Article 3(2). Determination of types of hazardous work. Following its previous comments, the Committee notes the Government’s indication that the NTC and the Department of Labour will review and amend the Employment Act in a manner to satisfy the Committee’s request with regard to the adoption of a list of types of hazardous work. Considering that the Committee has been raising this question for more than ten years, the Committee urges the Government take the necessary measures, without delay, to ensure that a list of types of hazardous work prohibited for persons under the age of 18 years is elaborated, in consultation with the social partners, and adopted in the very near future. It requests the Government to provide information on any progress made in this regard and as to supply a copy of the list once it has been adopted.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee notes, as it did in its previous comments, that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It further notes that, under section 50 of the Employment Act, children under 14 years of age may only be employed in the undertakings listed in the First Schedule, which are: grocery packers, gift wrappers, peanut vendors, newspaper vendors, or any film as may be approved by the Minister of Labour. The Committee therefore considers that, when these two provisions are read together, the minimum age for admission to light domestic, agricultural or horticultural work should be 14 years. On the other hand, the Committee observes that there is no minimum age set for light work of children under 14 years employed in the undertakings listed in the First Schedule of the Employment Act.

The Government indicates that it is anticipated that the NTC will amend the Employment Act to include a clearly defined category of “light work”. In this regard, the Committee once again draws the Government’s attention to Article 7(4) of the Convention which allows for a lower minimum age of 12 years for light work, only if the specified minimum age is 14 years as per Article 2(4) of the Convention, while Article 7(1) sets 13 years as the minimum age for light work, if the minimum age declared is 15 years or above. The Government should therefore take into consideration that when the minimum age for admission to employment or work is raised from 14 to 16 years, as per Article 2(2) and (3) of the Convention, the minimum age for light work should also be set accordingly. The Committee once again urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by clearly determining the light work activities that may be permitted to children of 13 years and above , and the conditions in which such employment or work may be undertaken. It requests the Government to provide information on any progress made in this regard.