Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions. The Government stated that this matter would be forwarded to the Department of Child Protective Services who would review and update the legislation in this regard.

The Committee notes the Government’s information in its report that the Child Justice Act 2013 addresses the neglect of children under 17 years of age. The Government also indicates that this matter has been forwarded to the Department of Child Protective Services to include the prohibition of procuring or offering of children under the age of 18 years for illicit activities in relevant legislation. However, to date, no legislative change has been made. The Government states that it will take measures to make the necessary legislative amendments. The Committee notes that, according to a UNICEF report entitled “Situation Analysis of Children in Saint Kitts and Nevis” of 2017, the boy child who gets caught in the poverty trap often drops out of school to bring more income into the household or falls into gang activities and the drug trade (page 34). Noting the absence of provisions in the national legislation prohibiting the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, the Committee once again reminds the Government that such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly once again urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of children under the age of 18 years for illicit activities, in particular the production and trafficking of drugs. It requests the Government to provide information on any progress made in this regard.

Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee previously noted that a draft protocol for the protection of the victims of the worst forms of child labour, which would outline the standard procedure for the protection of child victims of the worst forms of child labour, had been prepared by the Child Protection and Probation Services and was being finalized for submission to the Cabinet for approval.

The Committee notes that Government’s information that the protocol for the protection of the victims of the worst forms of child labour is still in the draft phase and that the final document will be submitted to the Cabinet soon. The Committee therefore once again requests the Government to take the necessary measures to ensure that the protocol for the protection of the victims of the worst forms of child labour is adopted in the near future and to provide a copy once adopted.