CMNT_TITLE

Repetition

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. The Committee previously requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

The Committee notes the Government’s statement that this matter will be forwarded to the Department of Child Protective Services who will review and update the legislation in this regard. The Government report further states that the Child Protective Services are involved in advocacy programmes which educate and promote the public and schools on child safety and protection, as well as ensuring that children are not engaged in illicit activities, particularly in the production and trafficking of drugs. However, noting the absence of provisions in the national legislation prohibiting the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, the Committee once again reminds the Government that such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of children under the age of 18 years for illicit activities, in particular the production and trafficking of drugs. It requests the Government to provide information on any progress made in this regard.

Articles 3(d) and 4(1). Hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance, 1966, (sections 3(f)–(g)) and the Employment of Women, Young Persons and Children Act, 1939, (sections 4–5) apply only to children below the age of 16 years. It noted the Government’s indication that it intended to engage the social partners to discuss and determine the list of types of hazardous work prohibited for children under 18 years and the consultation process was expected to be undertaken by the end of 2010.

The Committee notes the Government’s information that the tripartite constituents have agreed to the establishment of a National Advisory Committee for the Elimination of Hazardous Child Labour which will determine the types of work deemed to be hazardous for young persons under the age of 18 years. The Committee expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It requests the Government to provide information on any progress made in this regard.

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 providing for their rehabilitation and social integration. Following its previous comments, the Committee notes the Government’s information that the draft Child Protection Protocol which would outline the standard procedure for the protection of child victims of the worst forms of child labour, has been prepared by the Child Protection and Probation Services and is currently being finalized for submission to Cabinet for approval. The Committee once again requests the Government to provide information with regard to the adoption and implementation of the protocol for the protection of the victims of the worst forms of child labour.

Application of the Convention in practice. The Committee notes the Government’s information that statistical data collected during the 2011 Population Census is presently being analysed and will be available in the first quarter of 2014. The Committee also notes from the Government’s report that the Ministry of Sustainable Development and Statistical Unit are currently undertaking a labour force survey. The Committee hopes that the Labour Force Survey will be completed in the very near future and requests the Government to communicate its results, as soon as they are finalized. It also requests the Government to provide information on the statistical data collected during the 2011 National Census with regard to the nature, extent and trends of the worst forms of child labour, in its next report. To the extent possible, the information provided should be disaggregated by age and sex.