Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C182

Observation

Direct Request

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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.