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

Minimum Age Convention, 1973 (No. 138) - Bahamas (Ratification: 2001)

Other comments on C138

Observation

Direct Request

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The Committee notes with interest that the Child Protection Act, 2007, entered into force on 1 October 2009.

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and the CIDA Regional Child Labour Project Study), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Once again noting that the Government’s report does not provide any information on this point, the Committee expresses the hope that a national policy on child labour will be elaborated in the near future. It once again requests the Government to provide information on any progress made to this end in its next report.

Article 2(1). Scope of application. The Committee previously noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour, and that the majority of children work in the informal economy, which is not generally inspected by the inspectorate. The Committee noted the Government’s indication that it would consult its relevant agencies on this point and that it had initiated the process of hiring additional labour inspectors. In light of the above, the Committee observed that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal economy. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. Noting the absence of information in the Government’s report on this point, the Committee once again expresses the hope that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal economy will be strengthened. In this regard, it once again requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee requests the Government to provide information on any steps taken in this regard in its next report.

Article 2(2) and (5). Raising the minimum age for admission to employment or work. 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. The Committee also noted that section 50(1) of the Employment Act provided for the general prohibition of employing children under 14 years of age in any undertaking, save for certain exceptions.

The Committee notes that section 7(2) of the Child Protection Act provides that no child under the age of 16 shall be employed, save as is provided by subsection (3), which provides that a child under the age of 16 may be employed in any occupation in which his/her employment is sanctioned by any other law or prescribed under this Act. The Committee requests the Government to indicate whether it intends to raise the minimum age for admission to employment or work initially specified (14 years) to the age of 16, in accordance with the Child Protection Act, and amend the Employment Act in order to eliminate this discrepancy in the national legislation. If so, the Committee takes the opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years. It also noted that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent for girls and 89 per cent for boys, and at the secondary level 84 per cent for girls and 83 per cent for boys. Moreover, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee once again requests the Government to take the necessary measures to increase the school enrolment rate as well as completion rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015, and to provide information on the results attained.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously noted the Government’s information that the Employment Act does not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. The Committee expressed the hope that the Government would take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future.

The Committee notes with satisfaction that section 7(1) of the Child Protection Act provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his or her health, education, or mental, physical or moral development.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. It also noted the Government’s indication that it would address this issue in forecasted amendments to the Employment Act after consultation with representatives of employers’ and workers’ organizations. In this regard, the Committee noted that, according to the Government, it had arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee therefore urges the Government to take the necessary measures to ensure the adoption, in the near future, of legal provisions determining the types of hazardous work to be prohibited for persons under 18 years of age. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 7. Light work. 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. It requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee noted the Government’s indication that it would undertake to provide information to the Committee 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. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take these measures in the near future in order to give effect to the Convention on this point. It once again requests the Government to provide any information on progress made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee noted that the Child Protection Act does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention.

The Committee notes the absence of information in the Government’s report on this point. It once again recalls that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee urges the Government to take measures to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act regarding child labour. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee noted the Government’s indication that some provisions of the Employment Act give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observed that this provision of the Employment Act does not meet the conditions provided by Article 9(3) of the Convention. It also observed that the Child Protection Act does not include a provision requiring the keeping of registers or other documents by employers.

The Committee notes the Government’s indication that, by virtue of section 71(a) of the Employment Act, employers are required to make, and keep for such period as may be prescribed after the work is performed, such records of the names, addresses, ages, wages, hours worked, annual vacations and other conditions of work of each of their employees as may be prescribed. By virtue of section 71(b), employers are required to furnish such information to the Minister of Labour if it is requested by the Minister. The Government also indicates that it is currently considering a proposal made by workers’ organizations to amend section 71 of the Employment Act in order to allow a worker or his or her union representative to request his or her employer to provide the information contained in these records to the Minister of Labour. The Committee requests the Government to provide information on the progress made in amending section 71 of the Employment Act and to communicate a copy of the new section, once amended.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, especially regarding children working in the informal economy, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied. To the extent possible, this information should be disaggregated by age and sex.