Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Saint Lucia (Ratification: 2000)

Other comments on C182

Direct Request

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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 that section 141 of the Criminal Code prohibits the trafficking of persons, including children under the age of 18 years, for the purposes of prostitution. Noting from the report by the International Organization for Migration entitled “Exploratory Assessment of Trafficking in Persons, 2005”, that trafficking trends in Saint Lucia are for the purposes of domestic servitude, forced labour and sexual exploitation, in particular, the Committee requested the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years for labour exploitation. The Committee notes with interest the information from the Government’s report to the 11th Session of the Regional Conference of Women in Latin America and the Caribbean in June 2010 that it has enacted the Counter-Trafficking Act in February 2010. The Committee requests the Government to supply a copy of the Counter-Trafficking Act of 2010 along with its next report.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography and for pornographic performances and for illicit activities. The Committee previously noted that there appeared to be no legislation that prohibits the use, procuring or offering of a child under 18 years for the production of pornography, for pornographic performances and for illicit activities, in particular the production and trafficking of drugs. The Committee recalls that, according to Articles 3(b) and (c) of the Convention, the use, procuring or offering of a child for the production of pornography, for pornographic performances and for illicit activities, including the production and trafficking of drugs are considered as worst forms of child labour and that, pursuant to Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of these worst forms of child labour. The Committee accordingly requests the Government to take the necessary measures, as a matter of urgency, to secure both in law and in practice, the prohibition of the use, procuring or offering of a child under 18 years of age for the production of pornography, for pornographic performances and for illicit activities and to provide for appropriate penalties. It asks the Government to provide information on any developments made in this regard.

Article 5. Monitoring mechanisms. The Committee previously noted that sections 176 and 177 of the Labour Code empowers an authorised officer to conduct inspections, examinations or inquiries into any industrial undertaking and exercise such powers, duties and functions as may be necessary to give full effect to the provisions of this Act. It had also noted that section 6 of the Occupational Health and Safety Act establishes a labour commissioner who shall be responsible for the enforcement of the provisions of this Act and the regulations made there under. The Committee further noted that the Department of Labour, during its workplace inspections, checks cases of worst forms of child labour. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the functioning of the labour inspectorate and on the number of inspections carried out by the labour inspectorate. It also requests the Government 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 further requests the Government to indicate any other monitoring mechanisms that have been established to secure the application of the provisions of Article 3(a)–(c) of the Convention, in particular the trafficking of children.

Article 6. Programmes of action for the elimination of the worst forms of child labour. Trafficking. The Committee notes that according to the Government’s report to the 11th session of the Regional Conference of Women in Latin America and the Caribbean, a series of awareness-building workshops have been conducted by the Division of Gender Relations for the police and immigration officers, social service providers, community leaders and the educators on the problem of human trafficking. This report further indicates that Saint Lucia continues to work with several organizations such as the Organization of American states, the Inter-American Commission of Women and International Organization for Migration to address the issue of trafficking in persons, and how to prevent and combat the problem.

Commercial sexual exploitation. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.258, paragraph 71) of 21 September 2005 had recommended the State party to undertake a comprehensive study on the sexual exploitation of children and to use the data to design policies and programmes to prevent the commercial sexual exploitation of children, including through the development of a national plan of action on the commercial sexual exploitation of children. The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2 June 2006 (CEDAW/C/LCA/CO/6, paragraphs 19 and 20), expressed concern about the exploitation of prostitution and the absence of efforts to combat this phenomenon. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to adopt programmes of action, in consultation with workers’ and employers’ organizations, and taking into account the views of other concerned groups to combat the commercial sexual exploitation of children under 18 years of age. It requests the Government to provide information on the measures taken in this regard.

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 Government’s information that it has taken various measures to improve access to secondary education which include renovations and enlargement of secondary schools that provide sufficient access to all children and training for teachers. The Government also states that the student support programmes such as the school feeding programme, bursary and text book rental for needy children, and transportation subsidy have been extended to 16 secondary schools, and that the Government is working progressively to include all the 23 secondary schools in the island in this programme. The Committee also notes the Government’s information that the Ministry of Education encourages pregnant teenage mothers to complete their secondary education. The Committee notes that according to the UNESCO statistics, the gross enrolment rate at the secondary level was 96 per cent in 2009.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation of children. In its previous comments, the Committee noted that the CEDAW, in its concluding observations of 2 June 2006 (CEDAW/C/LCA/CO/6), had expressed concern at the lack of information regarding the extent of trafficking in women and girls and the causes and extent of prostitution in the country, in particular the scale of this phenomenon in the tourism industry. It also noted the concerns expressed by the CEDAW about the exploitation of prostitution and the absence of efforts to combat this phenomenon and recommended the State party to enhance collaboration with countries in the region to prevent and combat trafficking in women (paragraphs 19 and 20). The Committee notes with regret the absence of information in the Government’s report. The Committee, therefore, once again requests the Government to provide information on the concrete measures taken to combat trafficking in children and their impact. It also requests the Government to indicate the measures taken or envisaged to assess the number of children engaged in commercial sexual exploitation in order for it to be able to adopt measures thereafter to remove children from the commercial sexual exploitation and provide for their rehabilitation and social integration.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CEDAW in its concluding observations (CEDAW/C/LCA/CO/6, paragraphs 19 and 20) had expressed concern at the lack of information regarding the extent of child trafficking and prostitution of children and the lack of awareness on the scale of this phenomenon in the tourism industry. Noting the absence of information in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, in particular trafficking and prostitution, is available.