Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted the absence of information on this issue in the Government’s report. It noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, paragraph 386), that the Adoption Act contains provisions geared towards controlling the use of adoption as a hidden form of promoting the sale and trafficking in children. The Committee reminded the Government that, by virtue of Article 3(a), the sale and trafficking of children constitute one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. It asks the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children in conformity with Article 3(a) and to supply the text of the Adoption Act and of any other relevant legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted the Government’s information that no specific measures have been taken with regard to this issue. However, it noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, paragraphs 227–231) that there is a growing number of children who are reportedly involved in prostitution. The Committee reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, for the production of pornography or for pornographic performances, and sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted the Government’s information that no specific measures have been taken on this issue. The Committee recalled that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. Therefore, it requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Clause (d). Hazardous work. The Committee noted that section 3(1) of the Employment of Women, Young Persons and Children Act provides that no child (under 14 years of age) shall be employed in any industrial undertaking. The employment of a child on any ship is also prohibited (section 4(1)). As for young people between 14 and 18, section 3(2) only prohibits night-time employment in industry. The Committee considered that the Employment of Women, Young Persons and Children Act does not contain a general prohibition on the employment of children below 18 years in hazardous work. The Committee further noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, paragraph 41), in the Employment of Women, Young Persons and Children Act there is no specific provision for a higher age limit for employment which, by its nature and the circumstances in which it is carried out, is dangerous to the life, health or morals of the persons employed therein. Therefore, the age limit for hazardous employment remains 14 years. The Committee reminded the Government that by virtue of Article 3, paragraph (d), of the Convention, work which, by its nature or circumstances in which it is carried out, is likely to harm the health, safety and morals of children, is considered to be one of the worst forms of child labour and consequently forbidden for children under 18 years of age. It requests the Government to indicate the measures taken or envisaged to ensure that hazardous work is not performed by children under 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted the Government’s statement that the current legislation defines work that is hazardous. Nevertheless, it notes that the Employment of Women, Young Person and Children Act only refers to the prohibition for persons under 18 years of age to perform night work in any industrial undertaking. In defining the term “industrial undertaking”, this Act makes reference to the definition contained in the Minimum Age (Industry) Convention (Revised), 1937 (No. 59), annexed in Part I of the Schedule. The Committee noted that, according to section 6 of the Employment of Women, Young Persons and Children Act, the Governor-General may make regulations in respect of the health, welfare and safety of women, young persons and children in any industrial undertaking. However, the Committee observed that no information is available on such regulations. The Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190 in this regard. It also asks the Government to provide information on tripartite consultations held on this matter.

Article 5. Monitoring mechanisms. The Committee noted that, by virtue of the Employment of Women, Young Persons and Children Act, the Labour Commissioner and police officers have procedural and inspection powers related to the employment of children or young persons in contravention of the Act. It also noted that, by virtue of section 6 of the same Act, the Governor-General may make regulations in respect of the inspection and supervision of the employment in industrial undertakings of young persons and children. The Committee asks the Government to provide information on the inspections carried out by the Labour Commissioner and police officers, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour. It also asks the Government to indicate the consultations held with the employers’ and workers’ organizations in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee noted the Government’s information that no specific measures have been taken to prohibit or eliminate the worst forms of child labour, as the general feeling is that child labour is non-existent in the country. The Committee reminded the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. The Committee noted that in its concluding observations (CRC/C/15/Add.184, paragraph 45), the Committee on the Rights of the Child recommended to the Government to undertake a survey to assess the scope and nature of child labour in all sectors and take action to implement all legislation and policies relevant to addressing child labour and protecting the rights of children in the context of their economic exploitation. The Committee accordingly requests the Government to indicate which steps it envisages taking, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the future in Saint Vincent and the Grenadines.

Article 7, paragraph 1. Penalties. The Committee noted that section 5 of the Employment of Women, Young Persons and Children Act imposes penalties of fines on anyone who employs a child or young person in any industrial undertaking in violation of Part I (Employment on Industrial Undertakings and on Ships). The Committee requests the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions in accordance with Article 7, paragraph 1, of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee noted the information contained in the Government’s report that the Government’s education policy includes free basic education for all children. It also noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, paragraph 313, and CRC/C/15/Add.184, paragraph 42), education at government primary schools is free of cost. The Education Act provides for compulsory education, however it has not yet been instituted. The Government still intends to introduce compulsory education in the future. It is reported that most children complete primary school. However, there is a large gap between the percentage of children who leave primary school and those who enter secondary school. Noting the importance that education plays in preventing the worst forms of child labour, the Committee asks the Government to provide further information on the Government’s education policy and on any developments with regard to the introduction of compulsory education.

Clause (d). Identifying and reaching out to children at special risk. Child victims of sexual exploitation and street boys. The Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, paragraph 384), the use of children in prostitution has emerged in relation to crimes of sexual abuse against children. There are cases where children are utilized to bring economic benefits to the home, which constitutes prostitution in effect. In addition, street children, especially boys, have been found to be involved in unlawful sexual practices with men for reward. Therefore, there needs to be more attention paid to the issue of providing alternative care for children who are involved in these situations, since often there is no place for them to go. This would also be linked to the current public awareness campaign on the dangers of sexually transmitted diseases and HIV. The Committee also noted that in its concluding observations (CRC/C/15/Add.184, paragraph 47), the Committee on the Rights of the Child recommended to the Government to undertake studies to examine the phenomena and to develop policies and programmes for the prevention, the recovery and reintegration of these child victims. The Committee further noted the Government’s statement that the situation of children at special risk is dealt with by the Ministry of Social Development. The Committee requests the Government to supply information on effective and time-bound measures taken or envisaged to address the situation of child victims of sexual exploitation and street boys and the impact of such measures on removing such children from the worst forms of child labour and providing for their rehabilitation and social integration.

The Committee requests the Government to supply specific information in relation to its efforts and concrete action taken according to Article 7(2)(e) of the Convention, to prevent the potential occurrence of the worst forms of child labour, with particular regard to the effective and time-bound measures taken to take account of the special situation of girls.

Parts IV and V of the report form. The Committee noted the Government’s statement that there is no available information on this point. It requests the Government to supply copies or extracts from official documents including studies and surveys and to provide 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 the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.