Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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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Articles 3 and 5 of the Convention. Child trafficking, monitoring mechanisms and the application of the Convention in practice. In its previous comments, the Committee noted that section 18 of the Trafficking in Persons Act prohibits the trafficking of children. It also noted that section 11 of the Trafficking in Persons Act established a Counter Trafficking Unit (CTU). The Committee noted the Government’s information that the CTU was established and began operations in January 2012.

The Committee notes the Government’s indication in its report that the CTU of the Ministry of National Security, in collaboration with a local non governmental organization (NGO), The Children’s Ark, embarked on a nationwide anti-child trafficking campaign to raise awareness about child trafficking for the period November 2015 to May 2016. This public awareness campaign was funded through private sector contributions. It consisted of extensive television and newspaper interviews, billboards on the highways and at local bus stations, puppet shows at primary and secondary schools, placement of posters at sea and air ports of entry and in schools. To date, there have been two confirmed child victims of trafficking for which the perpetrators have been charged before the Court. The penalty for child trafficking is a fine of not less than one million dollars and imprisonment of not less than twenty years. These child victims of trafficking were identified by the CTU in December 2015 and June 2016. There was one “potential child victim of trafficking” who was discovered in March 2015 but who was subsequently repatriated and assisted by the International Organization for Migration (IOM). Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts to strengthen the capacity of the CTU, so as to ensure the effective application of the national legislation against trafficking in children. It requests the Government to continue to provide information on the results achieved in terms of the number of child victims of trafficking identified by CTU. The Committee also requests the Government to continue to provide any data or information collected by the CTU relating to the trafficking of children, including the number of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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. The Committee had previously requested the Government to strengthen its efforts to improve access to free basic education.

The Committee notes the Government’s statement that it continues to work towards improving access to free basic education for children in Trinidad and Tobago and, in this regard, special attention has been given to early childhood services (ECS). ECS refers to all settings offering informal programmes to children under five, and include: day care centres, preschools, kindergartens, early childhood care and education (ECCE) centres and nurseries. Currently there are 109 government and government assisted ECCE centres throughout Trinidad and Tobago which offer free education to children in the three to five age group. Furthermore, the Government continues to recognize that improving access to education requires a holistic approach to child development. In this regard, other relevant national initiatives which would seek to reduce the number of out-of-school children include:

– National Parenting Programme – this programme seeks to strengthen and support families in Trinidad and Tobago through the provision of information, education and support. The programme hosts a number of workshops throughout the country that seek to increase knowledge of parenting issues and behaviour that promotes the optimum development of the child;
– Radio Programme: It’s Family Time, Let’s Talk – this programme is geared towards disseminating information to encourage dialogue and to promote healthy families. Some of the topics discussed include: HIV/AIDS, domestic violence, effective parenting, teenage pregnancy and ageing; and
– National School Violence Elimination/Prevention Action Plan – the Ministry of Education commenced development of this Plan in order to, inter alia, address approaches to reduce incidents of violence, bullying and indiscipline in schools. There has also been an expansion of school violence reduction campaigns to be delivered in all schools through mechanisms such as a “Train the Trainer” Initiative.

Taking due note of these initiatives, the Committee encourages the Government to continue its efforts to improve access to free, quality basic education. It requests the Government to continue providing information on measures taken in this regard, and on the results achieved, particularly with respect to reducing the number of out-of-school children. To the extent possible, this information should be disaggregated by age and by gender.

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 noted that section 44 of the Trafficking in Persons Act provides that the CTU 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. However, the Committee noted the Government’s indication that the CTU had not yet engaged in discussions with the Children’s Authority.

The Committee notes the Government’s indication in its report that the CTU has liaised with the Children’s Authority and appropriate NGOs such as Childline and Living Water Community to provide them with social services, which include understanding their rights, privacy, housing, care and appropriate support. The Children’s Authority facilitated the provision of accommodation and care for one potential child victim and one confirmed child victim of trafficking and also provided psychological and medical assessments. The CTU, through its temporary safe house, provided accommodation and care for one confirmed child victim of trafficking while the Children’s Authority assisted in providing medical care.

The Government is working on a Memorandum of Understanding (MOU) between the Children’s Authority and the CTU. This draft MOU deals with the partnership between the CTU and the Children’s Authority in providing housing, social and other appropriate care including the development of special programmes for child victims including: (a) arrangements, where it is safe and possible, for children to be reunited with their family members in Trinidad and Tobago or in their country of origin; and (b) arrangements to facilitate the provision of special mental and physical medical care tailored to children’s needs. The draft MOU also deals with the referral mechanism for potential child victims of trafficking. The Committee encourages the Government to continue taking effective measures to ensure that services are available for the removal of child victims of trafficking and for their rehabilitation and social integration. It requests the Government to continue to provide information on the number of children under 18 years of age who will have benefited from these measures, once identified by the CTU. Lastly, the Committee requests the Government to provide information on progress made in the adoption of the MOU between the CTU and the Children’s Authority relating to child victims of trafficking.