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Worst Forms of Child Labour Convention, 1999 (No. 182) - Trinidad and Tobago (RATIFICATION: 2003)

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Articles 3 and 5 of the Convention. Worst forms of child labour. Trafficking, commercial sexual exploitation, and illicit activities. Monitoring mechanisms and the application of the Convention in practice. The Committee previously noted that section 18 of the Trafficking in Persons Act prohibits the trafficking of children, and that a Counter Trafficking Unit (CTU) as foreseen under section 11 of that Act had begun its operations in 2012. It further noted with satisfaction the proclamation of the Children’s Act, 2012, and the penalties provided for in sections 40 and 37 of that Act for the offences of child pornography and the use of a child as courier to buy or deliver dangerous drugs or substances.
The Committee notes the Government’s information in its report, in response to the Committee’s request regarding the application of the Trafficking in Persons Act and the Children’s Act. In this respect, it notes the Government’s information in its supplementary report that two persons have been charged for trafficking of children in 2018, and that the number of persons charged in this respect was seven in 2019 and eight in 2020. Of these cases, 15 persons are under investigation, and two have been committed to stand trial. All the victims were Venezuelan minors.
As regards the application of the Children’s Act, the Committee notes that the Government indicates that a Child Protection Unit (CPU) was established under that Act in 2015, and that the CPU, between 2016 and 2019, received 29 reports concerning child pornography, and one report concerning a case in which a person caused a child to buy a dangerous drug or substance. The Committee notes that most of these cases are under investigation, and that one case was referred to the court. However, the Government has not provided any information on the outcome of that case. The Committee also notes the Government’s indication that a National Steering Committee for the Prevention and Elimination of Child Labour was appointed in February 2019 for a period of three years and has been mandated, among other things, to establish guidelines to unify and manage national monitoring systems and to exploit synergies that can be generated among the different stakeholders, including international cooperation. The Committee requests the Government to continue to provide information on the application in practice of section 18 of the Trafficking in Persons Act and sections 37 and 40 of the Children’s Act, 2012. Please provide detailed information on the number of infringements reported, investigations, prosecutions, convictions and penalties imposed, including on the outcome of the pending cases of trafficking of children.
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. In its previous comment, the Committee noted the different initiatives undertaken by the Government to reduce the number of out-of school children. In its comment on the application of the Minimum Age Convention, 1973 (No. 138), the Committee also noted with satisfaction that the Children’s Act had raised the age of completion of compulsory education to 16, in line with the age of admission to employment or work, and requested the Government to provide statistics on the school enrolment rates and dropout rates of children below the age of 16 years.
The Committee notes that the Government refers, in its report on the application of Convention No. 138, to the Education Policy Paper for 2017–22, which identifies three strategic goals, including: (i) the effective governance and administration of the education system; (ii) access to educational opportunities by all; and (iii) the provision of quality education at all levels. The Committee also notes the Government’s reference, in its report on the application of this Convention, to continued efforts to ensure the enrolment and retention of the most vulnerable children in the education system. In this respect, the Committee notes with interest that the Government refers to a great number of programmes, initiatives and measures, ranging from: (i) economic support for families (grants for school supplies, the provision of transport, breakfast and lunch); (ii) numerous student support services (such as academic and career counselling, psychological support including for suspended students or students at risk, and assistance to students with special educational needs); (iii) support for parents (home visits, support groups, workshops, psychosocial support and guidance); (iv) collaboration of school staff with multiple agencies; (v) training for teachers to help them identify issues of students; and (vi) research undertaken by the Ministry of Education concerning factors leading to school dropouts with a view to develop strategies to retain students in primary and secondary school. The Committee takes due note of the Government’s information in its supplementary report that, in order to mitigate the impact of the COVID-19 pandemic, which resulted in the introduction of virtual education, it has taken various measures including: (i) facilitating the accessibility of online classes through the School Learning Management System; (ii) exploring strategies for the provision of Internet access for all students and teachers; and (iii) maintaining support services for students and parents (remotely).
The Committee also notes the statistics provided by the Government concerning the enrolment of children in school and vocational training, as well as the number of dropouts. The Committee also notes the Government’s indication, in its report on the application of Convention No. 138, that in 2018–19, the total dropout rate of children was 0.09 per cent in primary school, and 0.83 per cent in secondary school, and that the technical and vocational training programmes play a role in mitigating the employment of children under the age of 16 years. Taking due note of the Government’s efforts in this respect, the Committee requests the Government to continue to take measures aimed at increasing school enrolment and attendance rates and reducing the dropout rates and the number of out-of-school children. It also requests the Government to provide statistical information on the results achieved in this regard.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 44 of the Trafficking in Persons Act provides for the provision of assistance by the CTU to all child victims of trafficking, and the liaising with the Children’s Authority in this respect. It also noted the provision of assistance to potential child victims of trafficking in person (such as the provision of care, accommodation, psychological and medical care) that were provided by the CTU, the Children’s Authority and relevant NGOs.
Having previously noted the Government’s reference to an envisaged Memorandum of Understanding (MOU) between the Children’s Authority and the CTU to provide assistance to child victims in numerous areas, the Committee welcomes the Government’s indication that such an MOU was signed between the Children’s Authority and the CTU in 2018, and that it provides for, inter alia, placement options to be identified for suspected victims of trafficking. It also notes the Government’s indication that in 2019 (as of August) at least 15 minors had benefited from removal, rehabilitation, skills and English as a second language training and social integration. The Committee requests the Government to continue to provide information on the number of children under 18 years of age who have benefited from services for the removal of child victims of trafficking and for their rehabilitation and social integration. To the extent possible, all information provided should be disaggregated by gender and age.

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Articles 3(d) and 4(1) of the Convention. Determination of hazardous work. The Committee previously noted the Government’s indication that work in the country would continue on the list of hazardous types of work for children in consultation with the social partners, but urged the Government to ensure that the list would be adopted in the near future, as work in this respect had been ongoing since 2004.
The Committee notes the Government’s reiterated reference in its report, in response to the Committee’s request, to the Occupational Safety and Health Act, which defines a “young person” as a child of the age of 16 and under the age of 18 years (section 4) and provides for limitations as to the hours of work of young persons (section 54). However, the Committee also notes the Government’s indication that the list of occupations deemed hazardous to children has not yet been completed. In this respect, the Committee also notes that Outcome 3 entitled “Children are Protected” of the National Child Policy for 2018–28 (available on the website of the Gender and Child Affairs Division of the Office of the Prime Minister) provides for the prevention of child labour and the involvement of children in hazardous work, including through the definition of hazardous occupations and activities prohibited for children. Recalling that, pursuant to Article 1 of the Convention, each Member that ratifies the Convention shall take immediate measures to ensure the prohibition of the worst forms of child labour as a matter of urgency, the Committee once again urges the Government to take the necessary measures to ensure the adoption of the list of hazardous types of work for children in the very near future. It once again requests the Government to provide a copy of that list once it has been adopted.
The Committee is raising other matters in a request addressed directly to the Government.

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Articles 3 and 5 of the Convention. Child trafficking, monitoring mechanisms and the application of the Convention in practice. In its previous comments, the Committee noted that section 18 of the Trafficking in Persons Act prohibits the trafficking of children. It also noted that section 11 of the Trafficking in Persons Act established a Counter Trafficking Unit (CTU). The Committee noted the Government’s information that the CTU was established and began operations in January 2012.
The Committee notes the Government’s indication in its report that the CTU of the Ministry of National Security, in collaboration with a local non governmental organization (NGO), The Children’s Ark, embarked on a nationwide anti-child trafficking campaign to raise awareness about child trafficking for the period November 2015 to May 2016. This public awareness campaign was funded through private sector contributions. It consisted of extensive television and newspaper interviews, billboards on the highways and at local bus stations, puppet shows at primary and secondary schools, placement of posters at sea and air ports of entry and in schools. To date, there have been two confirmed child victims of trafficking for which the perpetrators have been charged before the Court. The penalty for child trafficking is a fine of not less than one million dollars and imprisonment of not less than twenty years. These child victims of trafficking were identified by the CTU in December 2015 and June 2016. There was one “potential child victim of trafficking” who was discovered in March 2015 but who was subsequently repatriated and assisted by the International Organization for Migration (IOM). Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts to strengthen the capacity of the CTU, so as to ensure the effective application of the national legislation against trafficking in children. It requests the Government to continue to provide information on the results achieved in terms of the number of child victims of trafficking identified by CTU. The Committee also requests the Government to continue to provide any data or information collected by the CTU relating to the trafficking of children, including the number of infringements reported, investigations, prosecutions, convictions and penalties imposed.
Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously requested the Government to strengthen its efforts to improve access to free basic education.
The Committee notes the Government’s statement that it continues to work towards improving access to free basic education for children in Trinidad and Tobago and, in this regard, special attention has been given to early childhood services (ECS). ECS refers to all settings offering informal programmes to children under five, and include: day care centres, preschools, kindergartens, early childhood care and education (ECCE) centres and nurseries. Currently there are 109 government and government assisted ECCE centres throughout Trinidad and Tobago which offer free education to children in the three to five age group. Furthermore, the Government continues to recognize that improving access to education requires a holistic approach to child development. In this regard, other relevant national initiatives which would seek to reduce the number of out-of-school children include:
  • – National Parenting Programme – this programme seeks to strengthen and support families in Trinidad and Tobago through the provision of information, education and support. The programme hosts a number of workshops throughout the country that seek to increase knowledge of parenting issues and behaviour that promotes the optimum development of the child;
  • – Radio Programme: It’s Family Time, Let’s Talk – this programme is geared towards disseminating information to encourage dialogue and to promote healthy families. Some of the topics discussed include: HIV/AIDS, domestic violence, effective parenting, teenage pregnancy and ageing; and
  • – National School Violence Elimination/Prevention Action Plan – the Ministry of Education commenced development of this Plan in order to, inter alia, address approaches to reduce incidents of violence, bullying and indiscipline in schools. There has also been an expansion of school violence reduction campaigns to be delivered in all schools through mechanisms such as a “Train the Trainer” Initiative.
Taking due note of these initiatives, the Committee encourages the Government to continue its efforts to improve access to free, quality basic education. It requests the Government to continue providing information on measures taken in this regard, and on the results achieved, particularly with respect to reducing the number of out-of-school children. To the extent possible, this information should be disaggregated by age and by gender.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 44 of the Trafficking in Persons Act provides that the CTU shall provide assistance to all child victims of trafficking in a manner that is in the child’s best interests and appropriate to the child’s situation, and that this unit shall liaise with the Children’s Authority to provide child victims with services. However, the Committee noted the Government’s indication that the CTU had not yet engaged in discussions with the Children’s Authority.
The Committee notes the Government’s indication in its report that the CTU has liaised with the Children’s Authority and appropriate NGOs such as Childline and Living Water Community to provide them with social services, which include understanding their rights, privacy, housing, care and appropriate support. The Children’s Authority facilitated the provision of accommodation and care for one potential child victim and one confirmed child victim of trafficking and also provided psychological and medical assessments. The CTU, through its temporary safe house, provided accommodation and care for one confirmed child victim of trafficking while the Children’s Authority assisted in providing medical care.
The Government is working on a Memorandum of Understanding (MOU) between the Children’s Authority and the CTU. This draft MOU deals with the partnership between the CTU and the Children’s Authority in providing housing, social and other appropriate care including the development of special programmes for child victims including: (a) arrangements, where it is safe and possible, for children to be reunited with their family members in Trinidad and Tobago or in their country of origin; and (b) arrangements to facilitate the provision of special mental and physical medical care tailored to children’s needs. The draft MOU also deals with the referral mechanism for potential child victims of trafficking. The Committee encourages the Government to continue taking effective measures to ensure that services are available for the removal of child victims of trafficking and for their rehabilitation and social integration. It requests the Government to continue to provide information on the number of children under 18 years of age who will have benefited from these measures, once identified by the CTU. Lastly, the Committee requests the Government to provide information on progress made in the adoption of the MOU between the CTU and the Children’s Authority relating to child victims of trafficking.

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Article 3 of the Convention. Worst forms of child labour. Clauses (b) and (c). Use, procuring or offering a child for the production of pornography or for pornographic performances and for illicit activities. The Committee previously urged the Government to take the necessary measures to ensure that the Children’s Act, 2012, was proclaimed in order to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances and for the production and trafficking of drugs.
The Committee notes with satisfaction that the Children’s Act, 2012, was proclaimed on 15 May 2015. Section 40 thereof provides that a person who makes, or permits any child pornography to be made, or publishes, distributes, possesses, purchases or exchanges child pornography, commits an offence and is liable upon conviction to a fine of 30,000 Trinidad and Tobago dollars (TTD) (approximately US$4,400) and to imprisonment for ten years. Section 37 of the same Act provides that a person who uses a child or causes a child to be used as a courier, in order to sell, buy or deliver a dangerous drug or substance commits an offence and is liable, on summary conviction, to a fine of TTD50,000 (approximately US$7,400) and imprisonment for ten years, or on conviction on indictment, to a fine of TTD100,000 (approximately US$14,800) and to imprisonment for 20 years. The Committee requests the Government to provide information on the application in practice of sections 37 and 40 of the Children’s Act, 2012, including the number of investigations conducted, prosecutions, convictions and penal sanctions applied.
Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s statement that work had begun to create a list of hazardous occupations. The Committee noted the Government’s statement that a governmental delegation attended the ILO Sub regional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. It noted that the report of this delegation would contain recommendations to assist in the development of a list of occupations deemed hazardous.
The Committee notes the Government’s indication in its report that it recognizes that the list of hazardous occupations as outlined in Convention No. 182 requires consultation with its stakeholders, including social partners, in particular in light of the recent proclamation of the Children’s Act, 2012. In this regard, it will continue its work on the development of the list of hazardous occupations. Recalling that, pursuant to Article 1 of the Convention, each member that ratifies the Convention shall take immediate measures to ensure the prohibition of the worst forms of child labour as a matter of urgency, and noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee once again urges the Government to take the necessary measures to ensure the adoption of this list in the very near future, following consultation with the social partners. It once again requests the Government to provide a copy of this list once it has been adopted.
The Committee is raising other matters in a request addressed directly to the Government.

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s statement that the country’s legislation did not contain specific provisions addressing child pornography.
The Committee notes with interest that Part VIII of the Children’s Act, 2012, pertains to child pornography and that section 40(1) of this Act provides that a person who makes or permits any child pornography to be made, or publishes, distributes, possesses, purchases or exchanges child pornography, commits an offence and is liable upon conviction to a fine of 30,000 Trinidad and Tobago dollars (TTD) and to imprisonment for ten years. However, the Committee notes that this Act will only become effective once it is proclaimed on the date fixed by the President, in accordance with section 1(2) of the Act. The Committee therefore requests the Government to take the necessary measures to ensure that the Children’s Act, 2012, is proclaimed without delay. It requests the Government to provide information on the progress made in this regard.
Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. Trafficking. The Committee previously noted that section 11 of the Trafficking in Persons Act established a Counter-Trafficking Unit (CTU). Section 12 of this Act states that the CTU is responsible for the investigation of trafficking cases, the screening of possible victims of trafficking, the operation of a hotline for the reporting of possible cases of trafficking, the collection of data related to trafficking in persons, and for raising public awareness related to trafficking and child sex tourism.
The Committee notes the Government’s information that the CTU was established and began operations in January 2012. According to the Government, the CTU has not detected any cases of child trafficking nor received any reports of possible child trafficking in the country. The Committee, therefore, requests the Government to intensify its efforts to strengthen the capacity of the CTU, so as to ensure the application of the national legislation against trafficking in children for sexual or economic exploitation. It requests the Government to provide information on the progress made in this respect, and on the results achieved in terms of the number of child victims of trafficking identified by CTU. The Committee requests the Government to continue to provide any data or information collected by the CTU relating to the trafficking of children, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.
Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information from the 2011 UNESCO Global Monitoring Report that the country had a net enrolment rate of 92 per cent at the primary level and 89 per cent at the secondary level. The Committee also noted the information in this report that there were approximately 6,000 out-of-school children of primary school age.
The Committee notes that Trinidad and Tobago adopted a National Strategic Plan for Child Development 2012–16 (NSPCD), in the framework of which one of the goals is to provide opportunities beyond academics for all children. In this regard, the NSPCD aims to promote a school environment that encourages the holistic development of children to engage in non-academic activities, as well as to provide quality education for all and ensure that all children have access to quality education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve access to free basic education. It requests the Government to continue providing information on measures taken in this regard, and once again requests it to provide information on the results achieved, particularly with respect to reducing the number of out-of-school children.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 44 of the Trafficking in Persons Act provides that the CTU shall provide assistance to all child victims of trafficking in a manner that is in the child’s best interests and appropriate to the child’s situation, and that this unit shall liaise with the Children’s Authority to provide child victims with services. Moreover, section 44(3) of this Act specifies that the CTU shall, in consultation with the Children’s Authority, develop special programmes for child victims including arrangements, whenever safe and possible, for children to be reunited with their family members in Trinidad and Tobago or in their country of origin and arrangements to facilitate the provision of special mental and physical medical care tailored to children’s needs.
The Committee notes the Government’s indication that the CTU has not yet engaged in discussions with the Children’s Authority, but that it has met with the Victim Support Unit (VSU) of the Trinidad and Tobago police service in order to develop a referral system to provide child victims of abuse and crimes with specialized care. Moreover, the Committee notes the Government’s information that the CTU is currently working with the International Organization for Migration (IOM) on strategies to address the issue of trafficking. In this regard, it is envisaged that the CTU and the IOM will co-host a workshop for non governmental organizations (NGOs), as it is recognized that NGOs play an important role in the shelter and rehabilitation of victims of trafficking. The objectives of the workshop include sensitizing NGOs on child trafficking; assessing the resources available to provide care and assistance to victims, including children, and what is required to effectively address the needs of these victims; and beginning the dialogue with NGOs on fostering a closer collaborative effort to identify victims of trafficking and providing them with the appropriate care and rehabilitation.
The Committee notes, however, the Government’s indication that, as the CTU has not yet encountered any child victims of trafficking, it has not had to provide rehabilitation or social integration services in this regard. The Committee encourages the Government to continue taking effective measures to ensure that services are available for the removal of child victims of sale and trafficking and for their rehabilitation and social integration. It requests the Government to provide information on the number of children under 18 years of age who will have benefited from these measures, once identified by the CTU.

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering a child for illicit activities. The Committee previously urged the Government to take the necessary measures to ensure that the Children’s Bill was reviewed and subsequently adopted, to prohibit the use, procuring or offering of children under 18 years of age for the production and trafficking of drugs.
The Committee notes that the Children’s Act, 2012, was passed on 6 August 2012. It notes with interest that section 37 of this Act provides that a person who uses a child or causes a child to be used as a courier, in order to sell, buy or deliver a dangerous drug or substance commits an offence and is liable, on summary conviction, to a fine of 50,000 Trinidad and Tobago dollars (TTD) and imprisonment for ten years, or on conviction on indictment, to a fine of TTD100,000 and to imprisonment for 20 years. However, the Committee notes that this Act will only become effective once it is proclaimed on the date fixed by the President, in accordance with section 1(2) of the Act. The Committee therefore requests the Government to take the necessary measures to ensure that the Children’s Act, 2012, is proclaimed without delay. It requests the Government to provide information on the progress made in this regard.
Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s statement that work had begun to create a list of hazardous occupations. The Committee noted the Government’s statement that a governmental delegation attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. It noted that the report of this delegation would contain recommendations to assist in the development of a list of occupations deemed hazardous.
The Committee notes that the Government provides no information on this point in its report. Recalling that, pursuant to Article 1 of the Convention, each member that ratifies the Convention shall take immediate measures to ensure the prohibition of the worst forms of child labour as a matter of urgency, and noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee once again urges the Government to take the necessary measures to ensure the adoption of this list in the very near future, following consultation with the social partners. It once again requests the Government to provide a copy of this list once it has been adopted.
The Committee is raising other points in a request addressed directly to the Government.

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s statement that the country’s legislation did not contain specific provisions addressing child pornography.
The Committee notes that the Government’s report refers to the Sexual Offences Act, but observes that this Act does not appear to address the offence of child pornography. However, the Committee notes that the Trafficking in Persons Act, which prohibits child trafficking for the purpose of exploitation, includes the production of child pornography in the definition of “exploitation” in section 3 of the Act. The Committee requests the Government to indicate if the Trafficking in Persons Act encompasses the use, procuring or offering of children for the production of pornography or pornographic performances when this offence is not connected with child trafficking. In this regard, the Committee requests the Government to provide information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed related to the involvement of children under 18 in the production of pornography.
Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. 1. Trafficking. The Committee previously noted the information in the 2009 United Nations Office on Drugs and Crime Global Trafficking Report that, in the first five months of 2008, seven female trafficking victims were discovered, including two minors. The Committee urged the Government to take measures to strengthen monitoring mechanisms for child trafficking.
The Committee notes that section 11 of the Trafficking in Persons Act establishes a Counter-Trafficking Unit. Section 12 of this Act states that this Unit is responsible for the investigation of trafficking cases, the screening of possible victims of trafficking, the operation of a hotline for the reporting of possible cases of trafficking, the collection of data related to the trafficking in persons, and for raising public awareness related to trafficking and child sex tourism. The Committee requests the Government to provide information on the measures taken by the Counter-Trafficking Unit to combat the trafficking of children under the age of 18. Moreover, the Committee requests the Government to provide any data or information collected by the Counter-Trafficking Unit relating to the trafficking of children, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.
2. Data collection and child protection. Following its previous comments, the Committee notes the information in the Government’s report that, under the first phase of the programme for the prevention and elimination of child labour, the Government proposes to host discussions regarding the development of a Child Labour Monitoring System. The Government states that such discussion will commence with representatives of other governmental agencies, employers’ and workers’ organizations and non-governmental organizations on the development of a system to prevent the occurrence and identify cases of child labour, as well as for the rehabilitation of children involved in child labour and the provision of support to their families. The Committee encourages the Government to pursue its efforts to establish a Child Labour Monitoring System. It requests the Government to provide information on any developments in this regard, particularly the role of this Child Labour Monitoring System in combating the worst forms of child labour.
Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the information from the 2011 UNESCO Global Monitoring Report that in 2008, the country had a net enrolment rate of 92 per cent at the primary level and 89 per cent at the secondary level. The Committee also notes the information in this report that, as of 2008, there were approximately 6,000 out-of-school children of primary school age. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve access to free basic education. It requests the Government to provide information on measures taken in this regard and on the results achieved, particularly with respect to reducing the number of out-of-school children.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously requested the Government to provide information on the measures taken to ensure that victims of trafficking under 18 from all nationalities received appropriate assistance.
The Committee notes the Government’s statement that the Trafficking in Persons Act contains several measures for the protection of child victims of trafficking. It notes that section 44 of the Trafficking in Persons Act provides that the Counter-Trafficking Unit shall provide assistance to all child victims of trafficking in a manner that is in the child’s best interests and appropriate to the child’s situation, and that this unit shall liaise with the Children’s Authority to provide child victims with services. Moreover, section 44(3) of this Act specifies that the Counter-Trafficking Unit shall, in consultation with the Children’s Authority, develop special programmes for child victims including arrangements, whenever safe and possible, for children to be reunited with their family members in Trinidad and Tobago or in their country of origin and arrangements to facilitate the provision of special mental and physical medical care tailored to children’s needs. The Committee requests the Government to provide information on the number of children who have benefited from the services provided by the Counter-Trafficking Unit for their rehabilitation and social reintegration, including the number of children who have been provided with assistance for their repatriation and family reunification.

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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 urged the Government to take the necessary measures to ensure that legislation prohibiting the sale and trafficking of children under 18 was adopted.
The Committee notes that the Trafficking in Persons Act was adopted on 9 June 2011. The Committee notes with satisfaction that section 18 of the Trafficking in Persons Act prohibits the trafficking of children, specifically the recruiting, transporting, transferring or receiving of a child into Trinidad and Tobago or the harbouring of a child within the country for the purpose of exploitation. Section 18 of the Act also specifies that this offence carries a penalty of not less than 20 years imprisonment and a fine of US$1 million. Lastly, the Committee notes that section 3 of the Trafficking in Persons Act defines a child as a person below the age of 18 years.
Clause (c). Use, procuring or offering a child for illicit activities. The Committee previously noted that section 46 of the draft Children Bill would prohibit the using, or causing a child to be used or to act as a courier to buy, sell, purvey or deliver drugs, and that section 47 of this Bill would prohibit these acts specifically in relation to the trafficking of drugs. Nonetheless, the Committee noted that the Children Bill was no longer under discussion by Parliament.
The Committee notes the Government’s statement that the Children Bill is currently being reviewed. The Committee, therefore, urges the Government to take the necessary measures to ensure that the Children Bill is reviewed and subsequently adopted, to prohibit the use procuring or offering of children under 18 years of age for the production and trafficking of drugs. It requests the Government to provide a copy of the Children Bill, once adopted.
Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development was developing a list of occupations deemed hazardous to children, based on guidelines provided by a National Seminar on Hazardous Occupations and Children, held in 2004.
The Committee notes the Government’s statement that, while a list of hazardous occupations is not yet available, work has begun to create such a list. The Committee also notes the Government’s statement that a governmental delegation attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. It notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the report of this delegation will contain recommendations to assist in the development of a list of occupations deemed hazardous. Recalling that, pursuant to Article 1 of the Convention, each Member that ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency, and noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future, following consultation with the social partners. It requests the Government to provide a copy of this list once it has been adopted.
The Committee is raising other points in a request addressed directly to the Government.

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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 the Government’s information that Trinidad and Tobago had no statutory provision to prohibit the sale and trafficking of children. The Committee notes the Government’s statement that, while there are still no specific statutory provisions directly prohibiting the trafficking of children, various pieces of legislation prohibit the sale of children (such as the Offences Against the Persons Act, the Summary Offences Act, the Children Act (and amendments), the Sexual Offences (Amendment) Act, the Kidnapping Act, the Children’s Authority Act and the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act, 2007).

The Committee also notes the Government’s statement that it is currently considering a draft Caribbean Counter-Trafficking Model Legislation, presented by the International Organization for Migration (IOM). The 2009 report on trafficking in persons in Trinidad and Tobago, available on the Office of the High Commissioner for Refugees website (www.unhcr.org) (Trafficking Report) indicates that experts were engaged to assist with writing an anti-trafficking law for Trinidad and Tobago. The Committee further notes that the Children Bill (introduced in Parliament in January 2010) contains provisions prohibiting the trafficking of children. Section 61 of this Bill makes it an offence to recruit, transport, transfer, harbour or receive a child by means of threat or use of force or other forms of coercion; abduction; fraud; deception; or the abuse of power. Section 2(1) of the Children Bill defines a child as a person under 18 years of age. However, the Committee notes with regret that, according to the information available on the website of the Parliament of Trinidad and Tobago (www.ttparliament.org) the Children Bill lapsed, as of 10 April 2010, following the dissolution of the session of Parliament. The Committee also notes that the Children Bill has yet to be re-introduced in the current session of Parliament.

The Committee notes the information in the Trafficking Report that Trinidad and Tobago is a destination and transit country for women and children trafficked for the purpose of commercial sexual exploitation. Women and girls from Colombia, Bolivarian Republic of Venezuela, Guyana, Suriname and the Dominican Republic have been identified as trafficking victims in Trinidadian brothels and casinos. The Trafficking Report also indicates that Trinidad and Tobago is a transit point to Caribbean destinations such as Barbados and the Netherlands Antilles for traffickers and their victims. The Committee further notes the statement in a report on the trafficking in persons of 14 June 2010 (also available on the website of the Office of the High Commissioner for Refugees) that the lack of comprehensive legislation criminalizing human trafficking was a significant limitation in the Government’s ability to address human trafficking in Trinidad and Tobago. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. Therefore, the Committee urges the Government to take the necessary measures to ensure that the legislation prohibiting the sale and trafficking of persons under 18 is adopted in the near future.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s statement that the existing legislation does not contain specific provisions addressing child pornography.

The Committee notes the Government’s indication that sections 56–60 of the proposed Children Bill contain provisions prohibiting the use, procuring or offering of children for the production of pornography. Section 2 of the Children Bill defines child pornography as a photograph, film, video or other visual representation that shows, for a sexual purpose, a person who is or is depicted as being under 18 years of age engaging in or depicted as engaging in explicit sexual activity or conduct. Section 56 of the Children Bill prohibits the making of child pornography (or permitting it to be made), and section 58 prohibits intentionally causing or inciting a child to be involved in pornography, in any part of the world. Section 60 prohibits arranging or facilitating a child to be involved in child pornography. Observing that the Children Bill lapsed in April 2010, the Committee once again urges the Government to take immediate measures to prohibit the use, procuring or offering of a person under 18 years of age for the production of pornography and pornographic performances, in the near future. It requests the Government to provide a copy of the relevant legislation, once adopted.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee previously requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for the production and trafficking of drugs. The Committee notes the information in the Government’s report that Part VI of the forthcoming Children Bill contains provisions protecting children from this worst form of child labour. The Committee notes that section 46 of the Children Bill prohibits using, or causing a child to be used or to act as a courier to buy, sell, purvey or deliver drugs, and that section 47 prohibits these acts specifically in relation to the trafficking of drugs. However, in view that the Children Bill is no longer under discussion by Parliament, the Committee strongly requests the Government to take the necessary measures, as a matter of urgency, to prohibit the use, procuring or offering of children under 18 years of age for the production and trafficking of drugs.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children, based on guidelines provided by a National Seminar on Hazardous Occupations and Children, held in October 2004. The Committee noted that the MOLMED had contracted the services of an attorney-at-law to review, inter alia, the list of the types of hazardous work put forward by the factory inspectorate unit. The Committee expressed the hope that this list would soon be adopted.

The Committee notes the Government’s statement that a list of occupations deemed hazardous to children will be submitted when it is adopted. Recalling that, pursuant to Article 1 of the Convention, each Member that ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency, and noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. 1. Data collection and child protection. The Committee previously noted the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work and 12 in commercial sexual activity. It further noted that a National Youth Activity Survey was planned for implementation in 2006, and requested a copy of the Survey as soon as it had been realized.

The Committee notes the Government’s statement that the Youth Activity Survey has yet to be undertaken, and that the MOLMED intends to conduct the Survey in the 2009–10 fiscal year. The Committee also notes the information in the Government’s report that the Central Statistical Office does not collect data on illegal activities such as child labour, though that a workshop was conducted by the ILO in November 2008 to discuss ways of addressing this issue. The Committee further notes the information submitted in the Government’s report under the Labour Inspection Convention, 1947 (No. 81), that the labour inspection unit is in discussions with the Ministry of Social Development to develop an MOU to facilitate cooperation between the Unit and the newly formed Children’s Authority of Trinidad and Tobago, to better address issues of child labour. The Committee requests the Government to provide information on the MOU between the labour inspection unit and the Ministry of Social Development, particularly with regard to the protection of children from the worst forms of child labour. In addition, noting that the Youth Activity Survey was originally planned for 2006, the Committee requests the Government to take the necessary measures to ensure that the Youth Activity Survey is undertaken in the near future, and to provide a copy of the Survey’s results, once it has been realized.

2. Trafficking. The Committee previously requested the Government to indicate whether monitoring mechanisms to ensure the application of the Convention had been implemented, to complement the work of the Labour Inspectorate Unit. The Committee notes the Government’s statement that work is ongoing to enhance monitoring mechanisms to ensure the application of the provisions of the Convention. The Committee also notes the information submitted in the Government’s report under Convention No. 81 that labour inspectors have received training arranged by the ILO on their role in child labour and human trafficking issues. The Committee further notes the information in the Trafficking Report that the Government, in partnership with the IOM, provided anti-trafficking training to more than 1,500 law enforcement officers last year, and published reference guides for immigration and police personnel on this topic.

However, the Committee notes the information in the Trafficking Report that, during the reporting period, the Government achieved no prosecutions, convictions, or sentences of trafficking offenders. Nonetheless, the Committee notes the information in the 2009 UNODC Global Trafficking Report that, in the first five months of 2008, seven female trafficking victims were discovered, including two minors. Moreover, the Trafficking Report states that “vigorous government efforts to investigate and prosecute trafficking crimes remained limited”. Therefore, while noting the measures taken to provide training to officials to combat trafficking, the Committee expresses concern that monitoring mechanisms in this area remain weak. The Committee strongly urges the Government to take the necessary measures to strengthen monitoring mechanisms for the worst forms of child labour, particularly child trafficking. In this regard, the Committee requests the Government to provide information on the concrete measures taken, and the impact of these measures on the practical application of the Convention, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed in application of the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

Article 6. Programmes of action. The Committee previously noted that a revised National Plan of Action for Children (NPA) was drafted for the period 2006–10. The NPA focused on four priority areas: promoting healthy lives; providing quality education; protecting children against abuse, exploitation and violence; and combating HIV/AIDS, in addition to addressing the issues of the sexual exploitation of children (including trafficking and abduction) and the elimination and prevention of all forms of child labour.

The Committee notes the information in the Government’s report on the status of the implementation of NPA measures pertaining to the issue of child labour. The Committee notes that the Children’s Authority Amendment Act was passed in 2008, to allow for the establishment of the Children’s Authority Board, as an agency responsible for overall child development. The Committee also notes that a draft of a National Policy for the Prevention and Elimination of Child Labour in Trinidad and Tobago has been drawn up, and will be finalized following the results of the Youth Activity Survey. The Committee requests the Government to continue to provide information on measures taken within the framework of the NPA that address the worst forms of child labour, as well as the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee previously noted that education in Trinidad and Tobago is compulsory until the age of 12 years, and that the Government provides for free primary and secondary education. However, the Committee noted that, according to the 2002 ILO Rapid Assessment Study, most children interviewed only obtained primary education. The UNDP’s National Human Development Report of 2000 further indicated that significant numbers of students dropped out of school. The Committee also noted the Government’s information that the Ministry of Education had taken a preventive approach in the elimination of the worst forms of child labour, and had initiated several programmes to encourage children to stay in school. These included textbook programmes to reduce the cost of school for disadvantaged students, school transportation and nutrition programmes, an inclusive education initiative and the offering of alternative education programmes. The Committee further noted that the Ministry of Education established a legislative review committee in 2006 with the objective of producing a new Education Act. It requested the Government to provide information on the output of the legislative review committee with regard to increasing the age of completion of compulsory schooling.

The Committee notes the Government’s indication that the Ministry of Education is preparing a policy document in support of bringing the age of compulsory schooling into line with the minimum age for admission to employment of 16 years. The Committee also notes the information in the UNESCO report entitled “Education for All (EFA): Global Monitoring Report 2009” that indicates that, in 2005, 9 per cent of children dropped out prior to the completion of grade 5, and 16 per cent of children drop out prior to the completion of the last grade of primary school (grade 6), for a total of 15,000 out-of-school children at the primary-school age. This report also indicates that 7 per cent of children do not make the transition from primary to secondary school, and that the net enrolment rate in secondary education is 65 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve the functioning of the education system, to reduce drop-out rates and increase enrolment rates, particularly at the secondary level. The Committee requests the Government to provide information on measures taken in this regard, and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the information in the Government’s report that it has recently approved a proposal for a nine-month plan to combat trafficking. This plan includes measures to protect victims of trafficking. However, the Committee notes the statement in the Trafficking Report that, currently, adequate victim services are extremely limited.

The Committee also notes the information in the Trafficking Report that international organizations and NGOs provide care and services for victims of trafficking. Foreign trafficking victims are maintained in NGO safe houses until authorities in the victim’s home country can be contacted to assist with travel documents and repatriation. However, the Trafficking Report indicates that foreign victims of trafficking are not eligible to receive governmental services, such as medical assistance, counselling, or legal assistance with filing a complaint and that most foreign victims are detained and deported with no legal alternative to their removal. The Committee therefore requests the Government to take the necessary measures to ensure that victims of trafficking under 18 from all nationalities receive adequate assistance, and requests the Government to provide information on the number of children who benefit from services for their rehabilitation and social reintegration. With regard to children who are foreign nationals, the Committee requests the Government to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin, taking account of the special situation of girls.

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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 had previously noted the Government’s information that Trinidad and Tobago has no statutory provision to prohibit the sale and trafficking of children. It had reminded the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. Noting that the Government’s report contains no information on this point, the Committee urges the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation and to adopt appropriate penalties as a matter of urgency.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s statement that the existing legislation deals with publication and dissemination of obscene materials, but does not contain specific provisions addressing child pornography. It notes the Government’s statement that there have been no changes in the legislation to date. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances as a matter of urgency.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee had previously noted that section 5(1) of the Children’s Act punishes the offence of procuring a child or young person to be in any street, premises or place for the purpose of begging or receiving alms. It had further noted that the Dangerous Drugs Act, No 38 of 1991, while providing penalties for the possession and trafficking of certain types of dangerous drugs, contains no specific provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee notes the Government’s information that there have been no changes to this legislation to date. The Committee accordingly requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that some types of hazardous work are prohibited to young persons under 18 years, such as: night work (section 90 of the Children’s Act and section 54 of the Occupation Safety and Health Act (OSHA)); work on dangerous machines (section 22 of the OHSA); lifting and carrying loads (section 32 of the Factories Act). It had noted the Government’s information that, based on the guidelines and framework provided by a National Seminar on Hazardous Occupations and Children, held in October 2004, the Factory Inspectorate Unit of the Ministry of Labour and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children. The Committee notes the Government’s information that the MOLMED has contracted the services of an attorney-at-law to review, inter alia, the list of the types of hazardous work put forward by the Factory Inspectorate Unit. The Committee hopes that the list of hazardous work to be prohibited to children under 18 years will be adopted soon and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee had previously noted that the National Steering Committee (NSC) for the Prevention and Elimination of Child Labour in Trinidad and Tobago, composed of representatives of government, workers, employers and NGOs, is responsible for monitoring the implementation of the provision of this Convention. The NSC carried out various activities including the monitoring of the implementation of an ILO-funded project for the “Removal and Rehabilitation of Child Labourers in the Beetham and Forres Park Landfill Sites”, and the drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago. The Committee had also noted that the labour inspectors of the MOLMED participated in a Caribbean subregional training seminar for senior labour inspectors which would assist them in identifying cases of child labour in establishments. The Committee notes the Government’s information that the inspectors of the Occupational Safety and Health (OSH) Unit revealed that the worst forms of child labour as defined in Article 3 of the Convention have not been identified in the workplaces visited. Moreover, the OSH Unit did not receive any complaint regarding the worst forms of child labour and their records do not show any instance in which such cases were investigated. To the extent that clauses (a)–(c) of Article 3 of the Convention address offences of a criminal nature, the Committee requests the Government to indicate whether monitoring mechanisms which would complement the labour inspectorate, including the OSH Unit, have been implemented to ensure the application of these provisions of the Convention.

Article 6. Programmes of action. The Committee had previously noted that the NSC carried out in conjunction with the ILO Subregional Office for the Caribbean an intervention programme for the “Withdrawal and Rehabilitation of Child Labourers in the Beetham and Forres Park Landfill Sites”. The programme aimed at providing education, training, health and social services to working children and their families in the identified areas. It also aimed at encouraging children of these areas to remain in school, thereby preventing them from taking up work. The Committee had noted that, as a result of this programme, approximately 45 children who worked at the Beetham landfill were withdrawn from work and included in educational training programmes. The Committee notes the Government’s information that the National Family Services (NFS) division of the Ministry of Social Development collaborated with the ILO in this programme. The NFS division assisted some of the families identified in improving their standards of living and quality of life, through providing educational materials for children as well as social welfare grants, micro‑enterprise grants, counselling and referral services to some of the affected families. The Committee further notes that a revised National Plan of Action for Children (NPA) was drafted for the period 2006–10. The NPA examines four priority areas: promoting healthy lives; providing quality education; protecting children against abuse, exploitation and violence; and combating HIV/AIDS. Moreover, the third chapter of the NPA deals with the sexual exploitation of children, including trafficking and abduction, and the fifth chapter deals with the elimination and prevention of all forms of child labour and the rehabilitation and social integration of all children engaged in child labour. The Committee requests the Government to provide information on the implementation of the NPA as well as the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a) Prevent the engagement of children in the worst forms of child labour. Education. The Committee had previously noted that in Trinidad and Tobago education is compulsory until the age of 12 years and the Government provides for free primary and secondary education. Moreover, vocational training for young persons between the ages of 15 and 25 years who are out of school and unemployed is available in the Youth Training and Employment Partnership Programme (YTEPP) and the Youth Development and Apprenticeship Centres (YDAC). However, the Committee had noted that, according to the 2002 ILO Rapid Assessment Study, most children interviewed only obtained primary education. Moreover, according to the UNDP’s National Human Development Report of 2000, significant numbers of students dropped out from school. The Committee notes the Government’s information that the Ministry of Education has taken a preventive approach in the elimination of the worst forms of child labour. The Ministry recognizes the high correlation between schooling, education, social support and child labour. For this reason, it considers that providing education to children of low socio-economic status and to other disadvantaged children – who are most vulnerable to child labour – will greatly reduce the risk for these children to engage in child labour. The Committee also notes the Government’s information that the Ministry has adopted the following programmes and services aimed at preventing children at risk from being engaged in child labour:

(a)   the Special Education/Inclusive Education programme, aimed at providing special educational services for students with special education needs mainstreamed in regular schools as well as in special schools both public and private;

(b)   the Literacy Remediation/Alternative Education programme, designed to correct deficiencies among secondary school students in the areas of literacy and numeracy;

(c)   the Textbook Rental/Loan programme, to ensure that all students, particularly the disadvantaged, have affordable and equitable access to learning materials;

(d)   the School Transportation and School Nutrition programmes, aimed at ensuring that students are provided with adequate safe and reliable transportation to and from school and adequate meals;

(e)   the School Guidance and Counselling programme, aimed at providing various counselling and guidance services to all students; and

(f)    the School Social Work programme, aimed at providing social services to identified students and parents in need.

The Committee finally notes the Government’s statement that the Ministry of Education established a legislative review committee in October 2006 with the objective of producing a new Education Act. In this framework, the issue of increasing the age of compulsory education is being considered.

The Committee requests the Government to provide information on the output of the work of the legislative review committee concerning increasing the age of completion of compulsory schooling. It also requests the Government to provide information on the impact of these measures, including the eventual increase of the age of completion of compulsory schooling, on preventing school drop‑outs and increasing school attendance rates. It finally requests the Government to provide updated statistical information on school attendance and drop‑out rates.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work and 12 in commercial sexual activity. It had further noted that a national survey on youth activity was planned for implementation in 2006, which was expected to provide some of the critical data lacking before. The Committee notes the Government’s statement that the inspectors of the OSH Unit revealed that the worst forms of child labour have not been identified in the workplaces visited. Moreover, according to the Ministry of National Security’s records, there have not been many reports of offences pertaining to the employment of children. The Committee requests the Government to provide a copy of the youth activity survey as soon at it has been realized. It also requests the Government to continue to provide information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed in application of the Convention.

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The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s information that Trinidad and Tobago has no statutory provision to prohibit the sale and trafficking of children. It reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation and to adopt appropriate penalties.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s information that all forms of slavery or practices similar to slavery were abolished in Trinidad and Tobago in 1838. It also notes that article 4(a) of the Constitution guarantees the unequivocal rights of all citizens to “life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law”.

3. Forced recruitment of children for armed conflict. The Committee notes the Government’s information that section 19(2), Chapter 14:01, of the Defence Act provides that a recruiting officer shall not enlist a person under the age of 18 years unless consent to the enlistment has been given in writing by a parent, legal guardian, or from a person in whose care the person offering to enlist may be.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes the Government’s information that section 17(b) and (c) of the Sexual Offences Act, No. 27 of 1986, provides that a person who procures another for prostitution, either in Trinidad and Tobago or elsewhere, or procures another to become an inmate, or to frequent a brothel either in Trinidad and Tobago or elsewhere, is guilty of an offence. Moreover, sections 7 and 8 of the Children’s Act, Chapter 46:01, make it an offence for any person who is in charge of a child or young person (between 14 and 18 years of age) and allows that child or young person to frequent a brothel or encourages the seduction or prostitution of the child.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s information that Trinidad and Tobago has legislation dealing with publication and dissemination of obscene materials. However, there are no specific provisions addressing child pornography. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child below 18 years of age for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee notes that section 5(1) of the Children’s Act, Chapter 46:01, punishes any person who causes or procures a child or young person to be in any street, premises or place for the purpose of begging or receiving alms, or inducing the giving of alms. It notes that the Dangerous Drugs Act, No. 38 of 1991, provides penalties for the possession and trafficking of certain types of dangerous drugs for all persons but contains no specific provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee notes that, although some provisions exist in the relevant legislation which prohibit the employment of children under 18 years on types of hazardous work (section 32 of the Factories Act of 1948; sections 22 and 54 of the Occupational Safety and Health Act (OSHA) of 2004; section 90 of the Children’s Act), no general provisions appear to exist prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. In this regard, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. Accordingly, the Committee requests the Government to take the necessary measures to prohibit in national legislation persons under 18 years of age from performing any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that some types of hazardous work are prohibited to young persons under 18 years, such as: night work (section 90 of the Children’s Act and section 54 of the OSHA); work on dangerous machines (section 22 of the OSHA); lifting and carrying loads (section 32 of the Factories Act). It notes the Government’s information that a National Seminar on Hazardous Occupations and Children was held jointly by the ILO Subregional Office for the Caribbean and the Ministry of Labour and Micro Enterprise Development (MOLMED) in October 2004. The Employers’ Consultative Association of Trinidad and Tobago, which is the most representative employers’ association, and the National Trade Union Centre for Trinidad and Tobago, which is the most representative trade union organization, participated in the seminar. Based on the guidelines and framework provided by the seminar, the Factory Inspectorate Unit of the MOLMED is currently developing a list of occupations deemed hazardous to children. The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will give due consideration to paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC) was established in accordance with Cabinet Minute No. 1347 of 19 May 2004, as a direct result of this country’s ratification of Convention No. 182. The NSC, which comprises representatives of government, workers, employers and NGOs, is responsible for monitoring the implementation of the provision of this Convention and coordinating the national efforts to address the problem of child labour. The NSC reports on an annual basis to the MOLMED. The Committee notes that the main activities with which the NSC has been involved during the period 2004-05 were: (a) monitoring the implementation of an ILO-funded project for the removal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites; (b) drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago; (c) hosting of activities, under the auspices of the MOLMED in observance of the World Day Against Child Labour, 2005. The Committee further notes the Government’s information that the labour inspectors of the MOLMED participated in a Caribbean subregional training seminar for senior labour inspectors in Jamaica in October 2002. It is expected that this training would assist inspectors in identifying cases of child labour in establishments.

The Committee requests the Government to continue providing information on the activities carried out by the NSC and their impact on the elimination of the worst forms of child labour. The Committee also requests the Government to provide information on the functioning of the labour inspectorate and to provide extracts of the inspection reports, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the Government’s information that a rapid assessment study was conducted by ILO in 2002 in Trinidad and Tobago to examine the situation of children in the worst forms of child labour in the following areas: prostitution and pornography; agriculture; domestic work; and scavenging. As a result of the study, it was identified that there was a prevalence of children scavenging in landfill sites. Therefore, the NSC has initiated in conjunction with the ILO Subregional Office for the Caribbean an intervention programme for the withdrawal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites, which is currently being implemented. The NGO, Young Men’s Christian Association (YMCA), is in charge of implementing the programme. The Committee notes the Government’s information that the aims of the project were identified as follows: (a) to provide education and training for children; (b) to provide them with health and other social services; (c) to encourage children to remain in school; (d) to prevent children from the impoverished communities surrounding the dumpsites from taking up work there; (e) to provide economic alternatives for the families and adolescents; (f) to heighten community awareness of the dangers of child labour; and (g) to implement an effective monitoring system that would combine a community monitoring network and a monitoring and tracking system. The Committee notes that, according to the evaluation report on the ILO project for the rehabilitation of child labourers on landfill sites in Beetham and Forres Park, the Forres Park component of the programme was abandoned and all the activities were carried out at the Beetham landfill site. As a result of the programme, approximately 45 children who worked at the Beetham landfill site were withdrawn from work and included in educational training programmes. Some difficulties encountered in carrying out the programme were underlined in the evaluation report, such as: no database available on child labourers; no proper instrument available to ensure children stay in school; no preventive measures in place for at risk children; poor project management. The Committee requests the Government to continue providing information on results attained under the programme for the withdrawal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 17 and 21 of the Sexual Offences Act and sections 7 and 8 of the Children’s Act establish effective and dissuasive penalties of imprisonment for contravention of the provisions prohibiting prostitution.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to education. The Committee notes the Government’s information that in Trinidad and Tobago education is compulsory until the age of 12 years. The Government provides for free primary and secondary education. As of January 2006, those who qualify for tertiary education will be able to pursue their studies at no cost to themselves. Additionally, vocational training is available in programmes such as the Youth Training and Employment Partnership Programme (YTEPP) and the Youth Development and Apprenticeship Centres (YADAC). The YTEPP and YADAC target young persons between the ages of 15 and 25 years who are out of school and unemployed, providing them with training opportunities. However, the Committee notes that, according to the 2002 ILO rapid assessment study, most children interviewed only obtained primary education. It also notes that, according to the UNDP’s National Human Development Report, 2000, significant numbers of students had dropped out from school. The figures indicated that, depending on the county of residence, 47.8 per cent and 63.6 per cent of the population was outside the education system. The Committee considers that education plays an important role in the elimination of the worst forms of child labour. It requests the Government to provide information on the measures taken to prevent school drop-outs, including through increasing the age of completion of compulsory schooling. It also requests the Government to provide statistical information on school attendance and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that, according to the draft National Policy for the Prevention and Elimination of Child labour in Trinidad and Tobago, one of the objectives of the National Policy is to create a well-coordinated system of social and economic support to children at risk and their families. For the achievement of this goal, it is firstly envisaged to conduct a survey of the extent and nature of child labour in Trinidad and Tobago and, secondly, to implement rehabilitation programmes for affected children, focusing on education, psychological and social services and vocational training. The Committee requests the Government to provide information on any measures taken to achieve these objectives and on results attained.

Part V of the report form. The Committee notes the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work, and 12 in commercial sexual activity. It revealed that: (i) children involved in scavenging, domestic work and commercial sexual activity were exposed to harsh and dangerous situations; (ii) all child labourers, except those engaged in commercial sexual activity, worked long hours on a daily basis (more than eight hours a day) for minimal remuneration; (iii) children in scavenging were exposed to high risks of illness and physical injury. The Committee notes the Government’s information that the main challenges for implementation of this Convention faced thus far by Trinidad and Tobago are: (a) the lack of information on the nature, extent and other characteristics of child labour in this country; (b) the need for legislative amendment. In order to face these challenges, a national survey on youth activity is planned for implementation in 2006, which is expected to provide some of the critical data, which is currently lacking. Moreover, an assessment of the legislative implications of ratification of Convention No. 182 has been carried out in which the required amendments and additions to national legislation have been identified. The Committee requests the Government to continue providing information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply a copy of the survey on youth activity as soon as it is available. It finally requests the Government to supply copies or extracts from official documents, including inspection reports, studies and inquiries, and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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