Comments adopted by the CEACR: Bahamas

Repetition

Article 3 of the Convention. Right of organizations to elect their representatives in full freedom. In its previous comments, the Committee had requested the Government to clarify whether section 9(4)(1) of Schedule I of the Industrial Relations Act (IRA) – which provides that executive committees and officers of trade unions should be elected at intervals not exceeding three years - implies that union officials cannot be re-elected for a consecutive term. The Committee takes due note that the Government indicates that section 9(4)(1) of Schedule I of the IRA does not prevent members of trade unions from being re-elected for a consecutive term.

Right of organizations to freely organize their activities and to formulate their programmes. The Committee had previously noted that under section 20(3) of the IRA, the failure to conduct a strike ballot under the supervision of an officer of the ministry renders the strike unlawful. The Committee had observed that, with a view to ensuring freedom from any influence or pressure by the authorities which might affect the exercise of the right to strike in practice, the legislation should not provide for supervision of a ballot by the authorities, and therefore had requested the Government to revise the abovementioned provision. Noting the Government’s indication that the entire IRA is under review, the Committee expects that, during the upcoming amendment of the IRA, full account will be given of the Committee’s comments regarding the need to amend section 20(3) of the IRA. It further requests the Government to provide information on any developments in this regard.

In its previous comments, the Committee had noted that: (i) under the terms of section 73 of the IRA, the minister shall refer a dispute to the tribunal if the parties to the dispute, within non-essential services, failed to reach a settlement, and that, under section 77(1), it is unlawful to have recourse to strike action once the dispute is referred to the tribunal; and (ii) according to section 76(1) of the IRA, a strike which, in the opinion of the minister, affects or threatens the public interest, might be referred to the tribunal for settlement. The Committee had therefore recalled that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is only acceptable: (i) in the case of disputes concerning public servants exercising authority in the name of the State; (ii) in conflicts in essential services in the strict sense of the term (that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population); or (iii) in situations of acute national crisis. The Committee had thus requested the Government to take the necessary measures to revise sections 73, 76 and 77, so as to not excessively restrict the right of organizations to formulate their programmes and organize their activities. Noting the absence of information provided in this regard, the Committee reiterates its previous request, and further requests the Government to provide information on any developments in this regard.

The Committee had previously noted that section 75 of the IRA provides that any strike is illegal if: (i) it has any object other than, or in addition to, the furtherance of a trade dispute within the trade or industry in which the strikers are engaged; or ii) it is designed or calculated to coerce the Government either directly or by inflicting hardship upon the community; and had requested the Government to clarify whether workers’ organizations are able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends, which have a direct impact on their members and on workers in general, in particular with regards to employment, social protection and standards of living. The Committee notes the Government’s indication that the IRA provides that trade unions can exercise the right to strike only in the context of collective labour disputes; however, this does not prevent trade unions from demonstrating peacefully or from issuing statements and presenting their views on social issues. The Committee recalls that trade unions and employers’ organizations responsible for defending socio-economic and occupational interest should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see the 2012 General Survey on the fundamental Conventions, paragraph 124). In view of the above, the Committee requests the Government, in consultation with social partners, to take the necessary measures to amend its legislation accordingly and to provide information on any developments in this regard.

Repetition

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. Noting that the Industrial Relations Act, 2012 (IRA) does not apply to the prison service (section 3), the Committee had previously requested the Government to specify the manner in which prison staff and the relevant organizations enjoy the rights and guarantees enshrined in the Convention. The Committee notes that the Government reiterates that the Bahamas Prison Staff Association allows for prison staff (denominated correctional officers under the national legislation) to have a public platform to address any concern that its members may have, yet also acknowledges that unfortunately prison and correctional officers do not benefit from all the rights and guarantees enshrined within Convention 87 based on their substantial employment position. The Committee recalls that it had previously expressed its concerns with regard to sections 39 and 40 of the Correctional Officers (Code of Conduct) Rules 2014, which limit the rights of association and representation to approved staff organizations on matters related to the conditions and welfare of the officers as a group. The Committee must emphasize that all workers and employers, without distinction whatsoever, have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization, and that these organizations should enjoy all guarantees under the Convention. Recalling that the only exceptions from the application of the Convention concern the armed forces and the police, the Committee requests the Government to take the necessary measures – including by revising section 3 of the IRA and the Correctional Officers (Code of Conduct) Rules, 2014 – with a view to ensuring that prison staff enjoy all rights and guarantees under the Convention. The Committee requests the Government to provide information on any developments in this regard.

Right of workers and employers to establish organizations without previous authorization. In its previous comments the Committee noted that under section 8(1)(e) of the IRA, beyond consideration of the specific requirements for registration, the Registrar shall refuse to register a trade union if she/he considers, after applying the rules for the registration of trade unions, that the trade union should not be registered; and that according to section 1 of the First Schedule of the IRA, in applying the rules for the registration of trade unions, the Registrar shall exercise his/her discretion. Thus, the Committee had requested the Government to take the necessary measures to limit the Registrar’s powers in relation to the registration of trade unions and employers’ organizations. In this respect, the Committee recalls that conferring upon the competent authority a discretionary power to accept or refuse an application for registration can be tantamount in practice to imposing “previous authorization”, which is incompatible with Article 2 of the Convention. Noting with regret that the Government has provided no information in this regard, the Committee once again requests the Government to revise section 8(1)(e) and the First Schedule of the IRA to ensure that, beyond the verification of formalities, the Registrar has no discretionary powers to refuse the registration of trade unions and employers’ organizations.

Article 3. Right of workers’ and employers’ organizations to draw up their constitutions and rules and to elect their representatives in full freedom. In its previous comments, the Committee had noted that section 20(2) of the IRA – which provides that the secret ballot for election or removal of trade union officers and for amendment of the constitution of trade unions shall be held under the supervision of the Registrar or a designated officer – is contrary to the Convention. The Committee had thus expressed the hope that specific measures would be taken for the amendment of said provision. Noting the Government’s indication that section 20(2) of the IRA is presently under review by the National Tripartite Council, and recalling that the amendment of the above-mentioned provision is a long-standing issue, the Committee urges the Government to take all the necessary measures to amend section 20(2) of the IRA in the near future with a view to ensuring that trade unions can conduct ballots without interference from the authorities, and requests the Government to provide information on any progress achieved in this regard.

Right of organizations to freely organize their activities and to formulate their programmes. The Committee had previously noted that, when a strike is organized or continued in violation of the provisions concerning the trade disputes procedure, the IRA provides for excessive sanctions, including imprisonment for up to two years (sections 74(3), 75(3), 76(2)(b) and 77(2)). On that occasion it recalled that no penal sanctions should be imposed against a worker for having carried out peaceful strikes and that such sanctions could be envisaged only where, during a strike, violence against persons or property or other serious infringements of rights have been committed. Noting that the Government did not provide its observations thereon, the Committee urges the Government to amend the above-mentioned sections of the IRA to ensure that no penal sanctions may be imposed for having carried out a peaceful strike.

Article 5. Right to affiliate to an international federation or confederation. The Committee had previously noted that, under the terms of section 39 of the IRA, it is not lawful for a trade union to be a member of any body constituted or organized outside the Bahamas without a licence from the minister, who has discretionary power in this regard. While having further noted the Government’s indication that these approvals are generally granted and do not represent a challenge, the Committee had requested the Government to take measures to align national legislation with such practice and to repeal section 39 of the IRA in order to give full effect to the right of workers’ and employers’ organizations to affiliate with international organizations of workers and employers. In this respect, the Committee recalls that international solidarity of workers and employers also requires that their national federations and confederations be able to group together and act freely at the international level (see the 2012 General Survey on the fundamental Conventions, paragraph 163). Noting the Government’s indication that section 39 of the IRA is under review by the National Tripartite Council and recalling that the Committee has been requesting the Government to address this matter since 2006, the Committee firmly expects that the Government will take all the necessary measures to ensure that this section will be repealed in the near future and requests the Government to provide information on any developments in this regard.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office and hopes that it will be able to observe progress in the near future.

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For many years, the Committee has been referring to certain provisions of the 1976 Merchant Shipping Act (sections 129(b) and (c); 131(a) and (b) and 135), under which various breaches of labour discipline are punishable with imprisonment (involving an obligation to work, under section 10 of the Prisons Act and rules 76 and 95 of the Prison Rules) and deserting seafarers from ships registered in another country may be forcibly conveyed on board the ship. The Committee requested the Government to take the necessary measures to ensure the amendment of the abovementioned provisions.

The Committee notes the Government’s indication that it has undertaken to advice stakeholders, inclusive of shipowners’ and seafarers’ representatives of the provisions of the Merchant Shipping Act, requiring amendment in order to ensure full application of the Convention. The Committee also notes that under sections 129 (b) and (c) and 131(a) and (b) of the Merchant Shipping Act (Chapter 268) of 2006 penalties of imprisonment are still applied for breaches of discipline such as disobedience to lawful command, desertion and absence without leave. It further notes the adoption of the Merchant Shipping Regulations of 2012, amending the First Schedule to the Merchant Shipping (Chapter 268). The Committee observes, however, that the 2012 Regulations do not contain any provision with regard to disciplinary measures applicable to seafarers. The Committee therefore requests the Government to indicate whether or not sections 129(b) and (c) and 131(a) and (b) of the Merchant Shipping Act (Chapter 268) of 2006 have been amended. If these provisions have been amended, the Committee requests the Government to indicate the new provisions applicable to breaches of discipline by seafarers.

Article 1(d). Punishment for having participated in strikes. Over a number of years, the Committee has been referring to section 73 of the 1970 Industrial Relations Act, as amended, under which the minister may refer a dispute in non-essential services to the tribunal for settlement, if he considers that a public interest so requires; the recourse to strike action in this situation is prohibited. Under sections 74(3) and 77(2)(a) of the same Act, violation of the prohibition is being punishable with penalties of imprisonment (involving an obligation to perform labour, as explained above). The Committee has further noted the non-conformity with the Convention of section 76(1), according to which, a strike which, in the opinion of the minister, affects or threatens the public interest, might also be referred to the tribunal for settlement, failure to discontinue the participation in such a strike being punishable with imprisonment under section 76(2)(b).

The Committee notes the Government’s indication that certain sections of the Industrial Relations Act have been amended in 2012. The Committee observes, however, that sections 73, 74(3), 77(2)(a), 76(1), and 76(2)(b) under consideration, have not been amended yet. The Committee also notes the Government’s reference to the Supreme Court decision of 3rd October 2014, in which inter alia the interpretation and application of sections 72, 76, 77 and 83 of the Industrial Relations Act were considered. It also notes the Government’s indication that the decision reflects the approach typically taken by employers in such matters, that is, to seek an injunction restraining unlawful strike action and not to seek the imposition of penalties under sections 74(3), 76(2)(b) or 77(2)(a) of the Industrial Relations Act. The Government also indicates that it will further review the provisions of the domestic law with a view to ensuring compliance with the Convention. The Committee requests the Government to take the necessary measures to ensure that the abovementioned provisions of the Industrial Relations Act are amended, so as to ensure that persons organizing or participating in a peaceful strike are not liable to imprisonment involving an obligation to work.

Repetition

Article 2(2) and (3) of the Convention. Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. The Committee previously noted that the minimum age for admission to employment or work specified by the Bahamas at the time of ratification was 14 years. It also noted that section 7(2) of the Child Protection Act of 2007 establishes a minimum age of 16 years for admission to employment or work. Furthermore, the Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years.

The Committee notes the Government’s indication in its report that efforts will be taken through a Tripartite Council to rectify the situation and raise the minimum age to 16 as laid down in the national legislation. The Committee welcomes this information and expresses the firm hope that the Government will take the necessary measures to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years in accordance with the Child Protection Act and in accordance with the age of completion of compulsory schooling under the Education Act. In this regard, the Committee requests the Government to consider the possibility of sending a declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that draft regulations under the Health and Safety at Work Act, which include provisions determining the types of hazardous work prohibited for persons under 18 years of age, had been approved by the tripartite social partners.

The Committee notes the Government’s information that the draft regulations under the Health and Safety at Work Act have not yet been finalized. It states that these draft regulations will be presented again to the Tripartite Council and will be finalized. The Committee once again expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the draft regulations on the list of types of hazardous work prohibited for persons under the age of 18 years, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard as well as to supply a copy of the list, once it has been adopted.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee previously noted that section 7(3)(a) of the Child Protection Act provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. The Committee requested the Government on several occasions to provide information on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years.

The Committee notes the Government’s indication that these regulations determining light work activities will be presented to the Tripartite Council and will be finalized. In this regard, the Committee may wish to draw the Government’s attention to Article 7(4) of the Convention which allows for a lower minimum age of 12 years for light work, only if the specified minimum age is 14 years as per Article 2(4) of the Convention, while Article 7(1) sets 13 years as the minimum age for light work, if the minimum age declared is 15 years or above. Hence, the Committee requests the Government to take into consideration that in the event of any progress with regard to the raising of the minimum age for admission to employment or work from 14 to 16 years as per Article 2(2) and (3) of the Convention, the minimum age for light work should also be amended accordingly. The Committee once again urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by determining the light work activities that may be permitted to children of 12 or 13 years and above, subject to raising of the minimum age, and the conditions in which such employment or work may be undertaken by them. It requests the Government to provide information on any progress made in this regard.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee had requested the Government to take the necessary measures to adopt a national policy on child labour.

The Committee notes that the Government’s report does not contain any information on this matter. However, the Committee notes the Government’s indication that since 2014, the country has been actively participating in the ILO’s Regional Initiative – Latin America and the Caribbean Free of Child Labour which is an intergovernmental platform for cooperation to end child labour. Within the framework of this initiative, a Rapid Assessment (RA) on child labour was conducted in 2016. The Committee notes from a document published by the ILO on the key findings from the RA, that children between the ages of 7 and 17 are involved in economic activities, either on their own or with adult guardians, mainly in service or trade-oriented supermarkets, roadside selling, fishing, working on ferries or boats, collecting and selling seashells, car washing, and work in the wholesale and retail market. According to this report, most of these activities are undertaken exclusively after school hours, during weekends or holidays and hence does not affect school attendance. However, these children do not have time to rest properly, undertake homework or play with siblings after school. This report further indicates that although the vast majority of economic activities performed by children in the Bahamas do not fall under the definition of child labour as they are not hazardous or exploitative, there is a significant risk of child labour on the conditions associated with the informal working arrangements, such as selling between lanes and roads, standing in the hot sun or rain for long hours, working in the night, walking very long distances to collect and return with items to sell, and working in small and confined spaces. The Committee, referring to the General Survey of 2012 on the fundamental Conventions (paragraph 330), emphasizes that the Convention aims to protect children’s ability to attend school as well as to regulate the types of economic activity which are permissible for them and the appropriate conditions for such work and to protect their health, safety and morals. Moreover, the Convention reflects the convictions of the ILO’s constituents that childhood is a period of life which should not be devoted to work, but to full physical and mental development of children. Taking into account the information in the report, the Committee requests the Government to provide information on the specific measures taken to prevent children from falling into child labour, including within the framework of the ILO Regional Initiative, and the results achieved.

Article 2(1). Scope of application and labour inspection. The Committee previously observed that the minimum age for admission to employment, established under section 50(1) of the Employment Act 2001 only applies to formal undertakings whereas the majority of children work in the informal economy.

The Committee notes the Government’s indication that strong efforts are being taken to strengthen the labour inspection services in order to ensure the protection of children working in all sectors, including children working on their own account or in the informal economy. The Committee requests that the Government provide specific information on the measures taken with regard to strengthening the capacity and expanding the reach of the labour inspectorate in the informal economy.

Repetition

The Committee notes the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest that the National Tripartite Council Act No. 2 of 2015 was adopted on 3 March 2015. The Government indicates that the National Tripartite Council (NTC), composed of representatives of the social partners, held its inaugural meeting on 1 June 2015, in which the Government and the social partners discussed matters relating to the welfare of workers in the country. The Committee notes that section 4 of the Act, on Functions and Powers of the Council, refers to matters set out in Article 5(1) of the Convention. Section 11 of the Act provides for administrative support and for the appointment of staff to assist with the discharge of the functions of the NTC. Moreover, the Government indicates that the NTC is presently generating annual reports, but that these were not yet available at the time that the Government submitted its report to the ILO. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention, such as the submission of Conventions and Recommendations adopted by the Conference to Parliament (Article 5(1)(b)), and the questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the activities of the National Tripartite Council with respect to the matters covered by the Convention, including copies of the Council’s annual reports as soon as they become available.

Repetition

Articles 3(a) and 5 of the Convention. Sale and trafficking of children. Monitoring mechanisms. The Committee previously noted the provisions of the Trafficking in Persons (Prevention and Suppression) Act of 2008 (Trafficking in Persons Act) which provides that the trafficking of children under the age of 18 years for exploitation (which includes commercial sexual exploitation, forced labour, practices similar to slavery and servitude (section 2)), constitutes an aggravating circumstance giving rise to imprisonment for up to ten years (sections 3(4) and 8(1)(c)). It also noted from the Report of the Special Rapporteur of the United Nations Human Rights Council on trafficking in persons, especially women and children that girls, mainly from the Dominican Republic, Jamaica and Haiti are trafficked to the Bahamas for commercial sexual exploitation. Moreover, the Committee previously noted that the Committee on the Elimination of All forms of Discrimination Against Women (CEDAW) expressed concern at the absence of effective implementation of the Trafficking in Persons Act and the absence of cases brought before the court since the Act came into force. The Committee further noted that the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the Royal Bahamas Police Force (RBPF) are the bodies responsible for coordinating and implementing the activities aimed at preventing trafficking in persons, including identification of victims of trafficking, investigation of cases and prosecution of alleged traffickers. The Committee requested the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act and to provide information on its application in practice. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of the provisions of the Trafficking in Persons Act prohibiting the trafficking of children under the age of 18 years for sexual and labour exploitation. It also requests the Government to provide statistical information on the number of cases of trafficking of children identified by the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the RBPF as well as the investigations carried out, prosecutions and convictions made, and penalties applied with regard to the trafficking of children under the age of 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Dangerous Drugs Act of 2000 does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes that the Dangerous Drugs Act makes it an offence to cultivate, manufacture, import, export, trade, or supply any dangerous drugs (sections 3–12) and to supply dangerous drugs to a child or young person (section 22(4)). It also notes that according to section 29(5), any person who attempts to commit an offence against this Act or solicits or incites another person to commit any of the offences shall be punished.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. National action plan to combat trafficking in persons. The Committee previously noted that a national action plan to combat trafficking in persons which is focused on prevention and assistance was being finalized. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the adoption and implementation of the national action plan to combat trafficking in persons as well as its impact on the elimination of the trafficking of children under the age of 18 years for labour or sexual exploitation.

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. Following its previous comments, the Committee notes the Government’s detailed information on the goals and focus of the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Accordingly, INSPIRE aims to implement targeted innovations that address the educational needs of Bahamian youth, including: (i) a relevant education and training system articulated at the secondary and post-secondary levels; (ii) improved quality and access to early education; and (iii) strengthened capacity in schools to accommodate children with special needs. The Committee notes with interest the Government’s indication that these innovations are expected to benefit on an annual basis approximately 38,000 secondary and post-secondary students, 12,000 preschoolers as well as several thousand students with special needs. The Committee requests the Government to continue to provide information on the implementation of the INSPIRE programme, and the results achieved in terms of the number of children who have benefited from this programme, the increase in the school enrolment rates at primary and secondary level and the possible achievement of universal education.

Clause (d). Children at special risk. Child sex tourism. The Committee previously noted that children who are engaged in certain activities related to tourism are at risk of being involved in the worst forms of child labour, such as commercial sexual exploitation. It also noted that CEDAW, in its concluding observations, expressed concern at the number of children involved in prostitution and child pornography and the lack of awareness-raising activities among the actors directly related to the tourism industry in relation to children, and particularly girls, engaged in certain activities related to tourism who are at risk of becoming involved in commercial sexual exploitation (CEDAW/C/BHS/CO/1-5, paragraph 25(c)). The Committee requested the Government to take effective and time-bound measures to protect children, particularly girls, from becoming victims of commercial sexual exploitation in the tourism sector.

The Committee notes the absence of information in the Government’s report on this matter. The Committee notes, however, that according to the ILO publication entitled “Child Labour in the Bahamas – Key Findings from the Rapid Assessment, 2016” girls above 13 years are often instigated to the sex trade by caretakers and that boys from 12 years are increasingly involved in child prostitution. The Committee therefore urges the Government to take effective and time-bound measures to protect children under the age of 18 years from becoming victims of commercial sexual exploitation in the tourism sector. It also requests the Government to take measures to raise the awareness of the actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers, as well as owners of bars and restaurants and their employees, on the subject of commercial sexual exploitation. The Committee requests the Government to provide information on the measures taken in this regard and the results achieved.

Haitian migrant children. The Committee previously observed that there are special groups of children who are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. It also noted from the Report of the Special Rapporteur of the United Nations Human Rights Council on trafficking in persons, especially women and children of 5 June 2014, that Haitian children working as domestic servants are vulnerable to exploitative work conditions. The Committee requested the Government to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee notes the Government’s statement that there are no Haitian children working as domestic servants in the Bahamas. It further states that the Bahamas aims to protect all children and that no child is denied opportunity to education. In this regard, the Committee notes the information available from the International Organization for Migration (IOM) that the Haitian nationals present in the Bahamas range roughly from 30,000 to 60,000 and that the majority of them are children up to the age of 14 years who apparently travel with a relative or parent. The information from the IOM further indicates that Haitian migrants largely remain a distinct and separate community generally living in poorer conditions. In this regard, the Committee recalls that migrant children are particularly vulnerable to the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures taken to ensure the protection of Haitian migrant children from the worst forms of child labour, including the measures guaranteeing their access to free basic education.