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Minimum Age Convention, 1973 (No. 138) - Saint Kitts and Nevis (Ratification: 2005)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 4 of the Convention. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted the Government’s information that consultations were held with social partners and that the decision was made to exclude limited categories from the scope of the draft Labour Code, including work in family undertakings, pursuant to Article 4 of the Convention. The Government also stated that, under the new draft Labour Code, the minimum age for admission to employment would nevertheless apply to some categories of undertakings that were excluded. The Committee therefore requested the Government to indicate which categories of undertakings are excluded from the scope of the draft Labour Code.

The Committee notes the Government’s information in its report that the categories excluded will be reviewed in the framework of phase II of the review of the draft Labour Code, and that it will inform the Committee of the result in the next reporting cycle. The Committee requests the Government to indicate which categories are excluded from the scope of application of the draft Labour Code, once it is adopted.

Application of the Convention in practice. The Committee previously noted that the Ministry of Sustainable Development was processing the data of the Labour Force Survey that was conducted in the last quarter of 2015 and the first quarter of 2016, and that the results would soon be made available.

The Committee notes the Government’s information that the 2016 Labour Force Survey revealed no quantified data on children and young persons in work below the age of 16 years. The Committee requests the Government to continue providing information on the number of children and young persons who work and whose age is lower than the minimum age for admission to employment or work, and the nature, scope and trends of such work.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that the draft Labour Code was expected to be enacted by December 2017, and that the National Advisory Committee for the Elimination of Hazardous Child Labour, which would determine the types of work deemed to be hazardous for young persons under the age of 18 years would be established under the draft Labour Code and become operational following its entry into force.

The Committee notes the Government’s information in its report that the Amalgamated Draft Labour Code, which went through its consultative processes in 2019, was expected to be reviewed by the National Tripartite Committee in the third quarter of 2021 to include changes related to the COVID-19 pandemic. The Government once again indicates that the National Advisory Committee for the Elimination of Hazardous Child Labour will become operational after the Labour Code has passed into Law. In light of the fact that the Committee has been raising this issue for over ten years, the Committee expresses the firm hope that the draft Labour Code will be adopted in the near future. The Committee also requests the Government to take the necessary measures to ensure, without delay, the establishment of the National Advisory Committee for the Elimination of Hazardous Child Labour in order to ensure, in turn, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. The Committee requests the Government to continue providing information on the progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention.

It notes once again the Government’s information that such provisions were included in phase II of the review of the draft Labour Code. The Committee trusts that the draft Labour Code will be adopted in the near future, which provides for all the appropriate provisions ensuring the protection of the young persons, as required by Article 3(3) of the Convention.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)). The Committee trusted that the provisions in the Employment of Children (Restriction) Ordinance would be applied in conformity with Article 7(1) of the Convention, so that children below the age of 13 would not be authorized to undertake light work activities.

The Committee takes note of the Government’s specification that the Employment of Children (Restriction) Ordinance has been amended by Act No. 19 of 2002 and is now part of the Employment of Women, Young Persons and Children Act, Chapter 18.10, also amended by Act No. 20 of 2002. The Committee notes that section 7(1) of this Act is a repetition of the previous section 3(1) of the Employment of Children (Restriction) Ordinance. The Committee notes the Government’s indication that the National Tripartite Committee will review the legislation, in consultation with the Ministry of Social Development, to ensure that its provisions are in conformity with Article 7(1) of the Convention and that children below the age of 13 are not authorized to undertake light work activities.Considering that the Committee has been raising this issue for more than ten years, it urges the Government to take the necessary measures to ensure that the Employment of Women, Young Persons and Children Act, Chapter 18.10 is amended in a manner to prohibit children under the age of 13 to perform light work activities.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the Employment of Women, Young Persons and Children Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code.

The Committee once again notes the Government’s indication that the National Tripartite Committee, in consultation with the Ministry of Social Development, will review this issue in the hope of upgrading the fines. The Committee recalls that Article 9(1) of the Convention requires that all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention, and that even the best legislation only takes value when it is applied effectively (2012 General Survey on the fundamental Conventions, paragraph 410). The Committee therefore once again urges the Government to take the necessary measures to ensure that either the provisions of the draft Labour Code or those of the Employment of Women, Young Persons and Children Act will prescribe appropriate and upgraded fines for the violations of child labour provisions.

Article 9(3). Keeping of registers. The Committee previously noted that section 12(1) of the Employment of Women, Young Persons and Children Act requires employers in an industrial undertaking to keep a register of all persons under the age of 16 years, which is the minimum age for admission to employment in Saint Kitts and Nevis, and that this provision is retained in the draft Labour Code. The Committee reminded the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age, and that this provision applies to all sectors of employment, not just in industrial workplaces.

The Committee notes the lack of new information in the Government’s report on this issue. It therefore urges the Government to take the necessary measures to ensure that the draft Labour Code contain provisions requiring employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention. It requests the Government to provide information on the progress made in this regard in its next report.

The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance 1966 (section 3(f)–(g)), and the Employment of Women, Young Persons and Children Act 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted that the draft Labour Code was undergoing tripartite consultation and expected to be enacted by the Parliament by the first quarter of 2014. The Government indicated that the tripartite constituents agreed to establish a National Advisory Committee for the Elimination of Hazardous Child Labour which would determine the types of work deemed to be hazardous for young persons under the age of 18 years.

The Committee notes the Government’s information that the draft Labour Code is expected to be enacted by December 2017. The Government also indicates that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established under the draft Labour Code and will become operational following its entry into force. The Government states that the relevant work will commence in 2018. The Committee once again requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. The Committee also once again expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It also requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention. The Government indicated that this issue was being considered during the ongoing consultations on the draft Labour Code.

The Committee notes the Government’s information that the provisions as requested by the Committee are included in the draft Labour Code, providing that persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. The Committee trusts that the draft Labour Code will be adopted in the near future, which provides for all the appropriate provisions ensuring the protection of the young persons, as required by Article 3(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted that, pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. The Government indicated its intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. The Committee recalled that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise.

The Committee notes the Government’s information that consultations were held with social partners and the decision was made to exclude limited categories from the scope of the draft Labour Code. The Government also states that, under the new draft Labour Code, the minimum age for admission to employment will apply to some categories of undertakings that were excluded. The Committee therefore requests the Government to indicate which categories of undertakings are excluded from the scope of the draft Labour Code.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)).

The Committee notes the Government’s information that section 144(1) of the draft Labour Code specifies 16 years as the minimum age for admission to employment. The Government also states that the National Tripartite Committee has agreed that children under the minimum age of employment must not be employed in any forms of work. Pending the adoption of the draft Labour Code, the Committee trusts that the provisions in the Employment of Children (Restriction) Ordinance will be applied in conformity with Article 7(1) of the Convention, so that children below the age of 13 will not be authorized to undertake light work activities.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code. The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report.

The Committee notes the Government’s information that the upgraded fines would be done under the draft Labour Code. The Committee therefore expresses the firm hope that the provisions of the draft Labour Code will prescribe appropriate and upgraded fines for the violations of child labour provisions.

Article 9(3). Keeping of registers. The Committee previously noted the Government’s information that the tripartite constituents were taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age.

The Committee notes the Government’s information that section 12(1) of the EWYPC Act requires employers in an industrial undertaking to keep a register of all persons under the age of 16 years, which is the minimum age for admission to employment in Saint Kitts and Nevis, and that this provision is retained in the draft Labour Code. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee further reminds the Government that this provision applies to all sectors of employment, not just in industrial workplaces. The Committee therefore expresses the firm hope that the draft Labour Code will contain provisions requiring employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Application of the Convention in practice. The Committee previously noted the Government’s indication that the data collected during the 2011 national census was being analysed and would be available during the first quarter of 2014. The Government also indicated that the Ministry of Sustainable Development and the Statistical Unit undertook a Labour Force Survey, which was completed by 2014.

The Committee notes the Government’s information that, according to the result of the 2011 national census, seven children under 16 years of age were found working. The Government also indicates that the Ministry of Sustainable Development is currently processing the data of the Labour Force Survey that was conducted in the last quarter of 2015 and the first quarter of 2016, and that the results will be made available soon. The Committee therefore requests the Government to communicate the results of the most recent Labour Force Survey, in particular, indicating the number of children and young persons who work and whose age is lower than the minimum age for admission to employment or work, and the nature, scope and trends of such work.

The Committee recalls that the Government can avail itself of ILO technical assistance so as to ensure that the draft Labour Code will be in full conformity with the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance 1966 (section 3(f)–(g)), and the Employment of Women, Young Persons and Children Act 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted that the draft Labour Code was undergoing tripartite consultation and expected to be enacted by the Parliament by the first quarter of 2014. The Government indicated that the tripartite constituents agreed to establish a National Advisory Committee for the Elimination of Hazardous Child Labour which would determine the types of work deemed to be hazardous for young persons under the age of 18 years.

The Committee notes the Government’s information that the draft Labour Code is expected to be enacted by December 2017. The Government also indicates that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established under the draft Labour Code and will become operational following its entry into force. The Government states that the relevant work will commence in 2018. The Committee once again requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. The Committee also once again expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It also requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention. The Government indicated that this issue was being considered during the ongoing consultations on the draft Labour Code.

The Committee notes the Government’s information that the provisions as requested by the Committee are included in the draft Labour Code, providing that persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. The Committee trusts that the draft Labour Code will be adopted in the near future, which provides for all the appropriate provisions ensuring the protection of the young persons, as required by Article 3(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted that, pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. The Government indicated its intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. The Committee recalled that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise.

The Committee notes the Government’s information that consultations were held with social partners and the decision was made to exclude limited categories from the scope of the draft Labour Code. The Government also states that, under the new draft Labour Code, the minimum age for admission to employment will apply to some categories of undertakings that were excluded. The Committee therefore requests the Government to indicate which categories of undertakings are excluded from the scope of the draft Labour Code.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)).

The Committee notes the Government’s information that section 144(1) of the draft Labour Code specifies 16 years as the minimum age for admission to employment. The Government also states that the National Tripartite Committee has agreed that children under the minimum age of employment must not be employed in any forms of work. Pending the adoption of the draft Labour Code, the Committee trusts that the provisions in the Employment of Children (Restriction) Ordinance will be applied in conformity with Article 7(1) of the Convention, so that children below the age of 13 will not be authorized to undertake light work activities.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code. The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report.

The Committee notes the Government’s information that the upgraded fines would be done under the draft Labour Code. The Committee therefore expresses the firm hope that the provisions of the draft Labour Code will prescribe appropriate and upgraded fines for the violations of child labour provisions.

Article 9(3). Keeping of registers. The Committee previously noted the Government’s information that the tripartite constituents were taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age.

The Committee notes the Government’s information that section 12(1) of the EWYPC Act requires employers in an industrial undertaking to keep a register of all persons under the age of 16 years, which is the minimum age for admission to employment in Saint Kitts and Nevis, and that this provision is retained in the draft Labour Code. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee further reminds the Government that this provision applies to all sectors of employment, not just in industrial workplaces. The Committee therefore expresses the firm hope that the draft Labour Code will contain provisions requiring employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Application of the Convention in practice. The Committee previously noted the Government’s indication that the data collected during the 2011 national census was being analysed and would be available during the first quarter of 2014. The Government also indicated that the Ministry of Sustainable Development and the Statistical Unit undertook a Labour Force Survey, which was completed by 2014.

The Committee notes the Government’s information that, according to the result of the 2011 national census, seven children under 16 years of age were found working. The Government also indicates that the Ministry of Sustainable Development is currently processing the data of the Labour Force Survey that was conducted in the last quarter of 2015 and the first quarter of 2016, and that the results will be made available soon. The Committee therefore requests the Government to communicate the results of the most recent Labour Force Survey, in particular, indicating the number of children and young persons who work and whose age is lower than the minimum age for admission to employment or work, and the nature, scope and trends of such work.

The Committee recalls that the Government can avail itself of ILO technical assistance so as to ensure that the draft Labour Code will be in full conformity with the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance 1966 (section 3(f)–(g)), and the Employment of Women, Young Persons and Children Act 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted that the draft Labour Code was undergoing tripartite consultation and expected to be enacted by the Parliament by the first quarter of 2014. The Government indicated that the tripartite constituents agreed to establish a National Advisory Committee for the Elimination of Hazardous Child Labour which would determine the types of work deemed to be hazardous for young persons under the age of 18 years.

The Committee notes the Government’s information that the draft Labour Code is expected to be enacted by December 2017. The Government also indicates that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established under the draft Labour Code and will become operational following its entry into force. The Government states that the relevant work will commence in 2018. The Committee once again requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. The Committee also once again expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It also requests the Government to provide information on any progress made in this regard.

The Committee notes the Government’s information that the provisions as requested by the Committee are included in the draft Labour Code, providing that persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. The Committee trusts that the draft Labour Code will be adopted in the near future, which provides for all the appropriate provisions ensuring the protection of the young persons, as required by Article 3(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted that, pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. The Government indicated its intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. The Committee recalled that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise.

The Committee notes the Government’s information that consultations were held with social partners and the decision was made to exclude limited categories from the scope of the draft Labour Code. The Government also states that, under the new draft Labour Code, the minimum age for admission to employment will apply to some categories of undertakings that were excluded. The Committee therefore requests the Government to indicate which categories of undertakings are excluded from the scope of the draft Labour Code.

The Committee notes the Government’s information that section 144(1) of the draft Labour Code specifies 16 years as the minimum age for admission to employment. The Government also states that the National Tripartite Committee has agreed that children under the minimum age of employment must not be employed in any forms of work. Pending the adoption of the draft Labour Code, the Committee trusts that the provisions in the Employment of Children (Restriction) Ordinance will be applied in conformity with Article 7(1) of the Convention, so that children below the age of 13 will not be authorized to undertake light work activities.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code. The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report.

The Committee notes the Government’s information that the upgraded fines would be done under the draft Labour Code. The Committee therefore expresses the firm hope that the provisions of the draft Labour Code will prescribe appropriate and upgraded fines for the violations of child labour provisions.

Article 9(3). Keeping of registers. The Committee previously noted the Government’s information that the tripartite constituents were taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age.

The Committee notes the Government’s information that section 12(1) of the EWYPC Act requires employers in an industrial undertaking to keep a register of all persons under the age of 16 years, which is the minimum age for admission to employment in Saint Kitts and Nevis, and that this provision is retained in the draft Labour Code. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee further reminds the Government that this provision applies to all sectors of employment, not just in industrial workplaces. The Committee therefore expresses the firm hope that the draft Labour Code will contain provisions requiring employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Application of the Convention in practice. The Committee previously noted the Government’s indication that the data collected during the 2011 national census was being analysed and would be available during the first quarter of 2014. The Government also indicated that the Ministry of Sustainable Development and the Statistical Unit undertook a Labour Force Survey, which was completed by 2014.

The Committee notes the Government’s information that, according to the result of the 2011 national census, seven children under 16 years of age were found working. The Government also indicates that the Ministry of Sustainable Development is currently processing the data of the Labour Force Survey that was conducted in the last quarter of 2015 and the first quarter of 2016, and that the results will be made available soon. The Committee therefore requests the Government to communicate the results of the most recent Labour Force Survey, in particular, indicating the number of children and young persons who work and whose age is lower than the minimum age for admission to employment or work, and the nature, scope and trends of such work.

The Committee recalls that the Government can avail itself of ILO technical assistance so as to ensure that the draft Labour Code will be in full conformity with the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance, 1966 (sections 3(f)–(g)), and the Employment of Women, Young Persons and Children Act, 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted the Government’s indication that a consultative process to enact a labour code for Saint Kitts and Nevis was under way.

The Committee notes the Government’s information that the draft Labour Code is currently undergoing tripartite consultation and is expected to be enacted by the Parliament by the first quarter of 2014. It also notes the Government’s indication that the tripartite constituents have agreed to the establishment of a National Advisory Committee for the Elimination of Hazardous Child Labour which will determine the types of work deemed to be hazardous for young persons under the age of 18 years. The Committee requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. It also expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention.

The Committee notes the Government’s indication that this issue is being considered during the ongoing consultations on the draft Labour Code. The Committee expresses the firm hope that the draft Labour Code will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. It requests the Government to provide information on the progress made in this regard.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted that, pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. It therefore requested the Government to indicate whether it intended to exclude work in family undertakings from the application of the Convention, pursuant to Article 4 of the Convention.

The Committee notes the Government’s intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. In this regard, the Committee recalls that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requests the Government to provide information on the consultations held with the social partners, with regard to the exclusion of family undertakings from the application of the Convention, in accordance with Article 4(1) of the Convention.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)). The Committee requested the Government to take the necessary measures, without delay, to bring the national law into conformity with the Convention by permitting only children of 13 years of age to be employed in light work.

The Committee notes the absence of information in the Government’s report on this point. The Committee recalls that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to children of 13 years of age, provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee requests the Government to take the necessary measures to ensure that, under the draft Labour Code, the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7(1). It requests the Government to provide information on the progress made in this regard.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code.

The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report. The Committee requests the Government to take the necessary measures to ensure the revision of appropriate fines prescribed for the violation of child labour provisions, in the near future. It expresses the firm hope that the Government will be able to provide information on any progress made in this regard in its next report.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s information that the tripartite constituents are taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age. The Committee expresses the firm hope that the draft Labour Code will contain provisions requiring the employers to keep a register indicating the names, ages and dates of birth of persons employed by them or working for them and who are less than 18 years of age. It requests the Government to provide information on any progress made in this regard.

Application of the Convention in practice. The Committee previously noted the Government’s indication that the data regarding the number of children and young persons involved in economic activities in Saint Kitts and Nevis would be made available after the completion of the 2011 National Census.

The Committee notes the Government’s information that the data collected during the 2011 National Census is currently being analysed and will be available during the first quarter of 2014. The Government further indicates that the Ministry of Sustainable Development and the Statistical Unit are currently undertaking a Labour Force Survey, which will be completed by 2014. The Committee hopes that the Labour Force Survey will be completed soon and requests the Government to communicate its results, as soon as they are finalized. It also requests the Government to provide information on the statistical data collected during the 2011 National Census with regard to the number of children and young persons involved in economic activities in Saint Kitts and Nevis, along with its next report.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance, 1966 (sections 3(f)–(g)), and the Employment of Women, Young Persons and Children Act, 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted the Government’s indication that a consultative process to enact a labour code for Saint Kitts and Nevis was under way.

The Committee notes the Government’s information that the draft Labour Code is currently undergoing tripartite consultation and is expected to be enacted by the Parliament by the first quarter of 2014. It also notes the Government’s indication that the tripartite constituents have agreed to the establishment of a National Advisory Committee for the Elimination of Hazardous Child Labour which will determine the types of work deemed to be hazardous for young persons under the age of 18 years. The Committee requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. It also expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It requests the Government to provide information on any progress made in this regard.

The Committee notes the Government’s indication that this issue is being considered during the ongoing consultations on the draft Labour Code. The Committee expresses the firm hope that the draft Labour Code will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. It requests the Government to provide information on the progress made in this regard.

The Committee notes the Government’s intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. In this regard, the Committee recalls that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requests the Government to provide information on the consultations held with the social partners, with regard to the exclusion of family undertakings from the application of the Convention, in accordance with Article 4(1) of the Convention.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)). The Committee requested the Government to take the necessary measures, without delay, to bring the national law into conformity with the Convention by permitting only children of 13 years of age to be employed in light work.

The Committee notes the absence of information in the Government’s report on this point. The Committee recalls that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to children of 13 years of age, provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee requests the Government to take the necessary measures to ensure that, under the draft Labour Code, the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7(1). It requests the Government to provide information on the progress made in this regard.

The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report. The Committee requests the Government to take the necessary measures to ensure the revision of appropriate fines prescribed for the violation of child labour provisions, in the near future. It expresses the firm hope that the Government will be able to provide information on any progress made in this regard in its next report.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s information that the tripartite constituents are taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age. The Committee expresses the firm hope that the draft Labour Code will contain provisions requiring the employers to keep a register indicating the names, ages and dates of birth of persons employed by them or working for them and who are less than 18 years of age. It requests the Government to provide information on any progress made in this regard.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the data regarding the number of children and young persons involved in economic activities in Saint Kitts and Nevis would be made available after the completion of the 2011 National Census.

The Committee notes the Government’s information that the data collected during the 2011 National Census is currently being analysed and will be available during the first quarter of 2014. The Government further indicates that the Ministry of Sustainable Development and the Statistical Unit are currently undertaking a Labour Force Survey, which will be completed by 2014. The Committee hopes that the Labour Force Survey will be completed soon and requests the Government to communicate its results, as soon as they are finalized. It also requests the Government to provide information on the statistical data collected during the 2011 National Census with regard to the number of children and young persons involved in economic activities in Saint Kitts and Nevis, along with its next report.

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

Article 2(3) of the Convention. Age of completion of compulsory education. Following its previous comments, the Committee notes the statistical data provided by the Government on school enrolment rates. According to the data, during the year 2010–11, 3,404 children (1,756 boys and 1,648 girls) were enrolled at the primary level and 3,120 children (1,564 boys and 1,556 girls) were enrolled at the secondary level. It also notes the Government’s statement that the Ministry of Education continues to ensure that every child in the Federation is afforded quality education and is determined to take the necessary measures to increase the school completion rate at the primary level and increase the enrolment rate at the secondary level with a special focus on girls. The Committee notes that, according to the data from the UNESCO Institute for Statistics of 2009, the gross enrolment rate (GER) at the primary level was 96 per cent (95 per cent boys and 97 per cent girls), and the GER at the secondary level was 96 per cent (93 per cent boys and 100 per cent girls).

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee had previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance, 1966 (sections 3(f)–(g)) and the Employment of Women, Young Persons and Children Act, 1939 (EWYPC Act) (sections 4–5) apply only to children below the age of 16 years. It had also noted that as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years on ships and industrial undertakings is prohibited. It had further noted section 2 of the EWYPC Act which provides a comprehensive list of undertakings which falls under the definition of “industrial undertaking”, and section 3 which states that the Minister may, by order declare any class of undertaking to be an industrial undertaking.

The Committee notes the Government’s information that no orders pursuant to section 3 of the EWYPC Act have been issued by the Minister. It notes, however, the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that consultation with the social partners to discuss and determine the list of types of hazardous work prohibited to children under 18 years of age will be held in the near future. The Committee further notes the Government’s indication that a consultative process to enact a labour code for Saint Kitts and Nevis is under way. In this regard, the Committee requests the Government to take the necessary measures to prohibit the employment of persons under 18 years of age in work, which by its nature or the circumstances in which it is carried out is likely to harm their health, safety or morals. It expresses the firm hope that the Government will take the necessary measures, without delay, to determine the list of types of hazardous work prohibited to children under 18 years of age, after consultation with the social partners, in conformity with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee had previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention. The Committee notes the Government’s indication that this issue will be forwarded to the competent authority and the National Tripartite Committee for taking action. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the performance of hazardous types of work by young persons aged 16 and 18 years is only authorized on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with the provisions of Article 3(3).

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee had previously noted that pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. It had therefore requested the Government to indicate whether it intended to exclude work in family undertakings from the application of the Convention, pursuant to Article 4 of the Convention. The Committee notes the Government’s statement that this issue will be discussed with the tripartite constituents. The Committee hopes that the Government will be able to provide information in its next report with regard to its intention of excluding family undertakings from the application of the Convention, after consultations with the social partners, in accordance with Article 4(1). If no such exclusion is intended, the Committee requests the Government to ensure the application of the minimum age of 16 years in family undertakings.

Article 6. Vocational training and apprenticeship. Following its previous comments the Committee notes that pursuant to section 2 of the Apprenticeship and Tradespersons’ Qualification Act (Revised Edition 2002), an “apprentice” means a person who is at least 16 years of age.

Article 7(1). Light work from the age of 13 years. The Committee has previously noted that, the Employment of Children (Restriction) Ordinance permit children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of up to two hours of work on school days and Sundays (section 3(1)). It had therefore requested the Government to take the necessary steps to bring the national legislation into line with the Convention by permitting employment in light work only by young persons who have reached the age of 13 years. The Committee notes the Government’s statement that the matter will be forwarded to the appropriate authority for taking action. The Committee requests the Government to take the necessary measures, without delay, to bring the national law into conformity with the Convention by permitting only children of 13 years of age to be employed in light work. It requests the Government to provide information on any progress made in this regard.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s indication that the fines prescribed for the violation of child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance have not been updated in recent years. However, it intends to review some of the fines during the consultative process of the Labour Code. The Committee requests the Government to provide information on any progress made with regard to the revision of fines prescribed for the violation of child labour provisions.

Article 9(3). Keeping of registers. Noting the provisions under section 8 of the EWYPC Act which requires employers in industrial undertakings or on ships to keep registers of persons under 16 years of age, the Committee had requested the Government to provide information on the measures taken to require all employers in all sectors of the economy to keep registers of all persons employed under the age of 18 years. The Committee notes the Government’s information that during inspections, the labour inspectors ensure that employers keep registers of persons under the age of 18 years employed by them. The Committee observes, however, the absence of a legal provision obliging the employers to keep such registers. In this regard, the Committee requests the Government to take the necessary measures to include in the new Labour Code a provision requiring the employers to keep a register indicating the names, ages and date of birth of persons employed by them or working for them and who are less than 18 years of age. It requests the Government to provide information on any measures taken in this regard.

Part III of the report form. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Department of Labour, responsible for the supervision and enforcement of labour legislation and administrative regulations has not come across any violations related to the employment of children and young persons.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that although the minimum age for employment is 16 years, most children in Saint Kitts and Nevis complete their primary education at the age of 17 years and thereafter continue on to tertiary education or vocational training. These educational institutions have two-year and four-year programmes and hence most children in the country commence work at the age of 19 years. The Committee also notes the Government’s indication that the data regarding the number of children and young persons involved in economic activities in Saint Kitts and Nevis will be made available after the completion of the 2011 National Census. The Committee hopes that the Population Census will be completed soon and requests the Government to provide statistical information on the child labour situation in the country.

The Committee encourages the Government to take into consideration, during its review of the Labour Law, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the applicable minimum age to work or employment. The Committee also notes the Government’s statement that both the Employment of Children (Restriction) Ordinance and the Employment of Women, Young Persons and Children Act were amended in 2002 to raise the minimum age of employment to 16 years of age. The Committee further notes that the Employment of Women, Young Persons and Children Act, as amended in 2002, prohibits employing a child (defined as a person under the age of 16, pursuant to section 2) in public or private industrial undertakings (section 4(1)) or on any ship (section 5), except in undertakings employing only members of their family. In addition, the Committee notes that section 3(1) of the Employment of Children (Restriction) Ordinance states that no child shall be employed (except subject to the provisions of the Ordinance), and section 2 of the Ordinance (as amended in 2002) defines a child as a person under the age of 16.

Article 2(3). Age of completion of compulsory education. The Committee notes the Government’s statement that section 26 of the Education Act of 2005 specifies that the age at which compulsory education ends is 16 years, coinciding with the specified minimum age for admission to employment. Nonetheless, the Committee notes that, according to data from the UNESCO Institute for Statistics of 2007, only 84 per cent of children complete primary school. This data further indicates that only 79 per cent of boys and 72 per cent of girls are enrolled in secondary education. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly encourages the Government to redouble its efforts to strengthen the functioning of the education system. In this regard, it requests the Government to take the necessary measures to increase the school completion rate at the primary school level, and increase the enrolment rate at the secondary school level, with a particular focus on girls. The Committee requests the Government to provide information on the measures taken in this regard, and on the results achieved. Lastly, it requests the Government to provide a copy of the Education Act of 2005 with its next report.

Article 3(1) and (3). Hazardous work from the age of 16 years. The Committee notes that, pursuant to section 3(1)(g) of the Employment of Children (Restriction) Ordinance, no child (defined as a person under the age of 16 years) may be employed in any occupation likely to be injurious to his life, limb, health or education, with regard being had to his physical condition. Section 3(1)(f) of the Employment of Children (Restriction) Ordinance further specifies that children shall not be employed “to lift, carry or move anything so heavy as to be likely to cause injury to him”. The Committee also notes that, pursuant to sections 4 and 5 of the Employment of Women, Young Persons and Children Act, persons under 16 years are prohibited from working in industrial undertakings or on ships. Moreover, sections 2 and 7(1) of the Employment of Women, Young Persons and Children Act prohibit the performance of night work by persons under 18.

The Committee therefore observes that the prohibitions on hazardous work (with the exception of night work) contained in the relevant legislation apply only to children below the age of 16 years. The Committee reminds the Government that by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years, and that the exception contained in Article 3(3) permits the competent authority to authorize such work from the age of 16 years only on the condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity, following consultation with the employers’ and workers’ organizations concerned. The Committee therefore requests the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention. The Committee also requests the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 3(2). Determination of hazardous work. The Committee notes that the Employment of Women, Young Persons and Children Act prohibits the employment of persons under 16 on ships and in industrial undertakings. The Committee also notes that, pursuant to section 2 of this Act, industrial undertakings are defined comprehensively to include: work in mines or quarries; work in the construction, maintenance, repair or demolition of any building, railway, tramway, canal, road, tunnel, bridge, sewer, electrical undertaking, waterwork or gaswork; work in industries in which articles are manufactured, altered, cleaned, repaired, finished or adapted for sale; work in which materials are transformed (such as ship building); and work involving the generation, transformation or transmission of electricity or motor power of any kind. The Committee also notes that, pursuant to section 3 of the Employment of Women, Young Persons and Children Act, the Administrator in Council may, by order, declare any class of undertaking to be an industrial undertaking for the purposes of the Act (and therefore prohibited to children). The Committee requests the Government to indicate if any orders have been made by the Administrator in Council (pursuant to section 3 of the Employment of Women, Young Persons and Children Act) to declare any undertakings outside the industrial sector, particularly in the tourism and the agricultural sector, as “industrial undertakings” for the purposes of the Act.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes the Government’s indication in its report that no categories of employment or work are excluded from the application of the Convention. However, the Committee notes that pursuant to sections 4(1) and 5 of the Employment of Women, Young Persons and Children Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships does not apply to undertakings in which only members of the same family are employed. Therefore, the Committee reminds the Government that Article 4(1) of the Convention allows the competent authority to exclude the Convention’s application from limited categories of employment or work in respect of which special and substantial problems of application would arise. It further recalls that, pursuant to Article 4(2) of the Convention, a Member which ratifies the Convention and decides not to apply it to certain categories of employment must give the reasons for such exclusion. The Committee therefore requests the Government to state whether it intends to exclude children working in an undertaking in which only members of their family are employed from the application of the Convention and, if so, to give the reasons. If no such exclusion is intended, the Committee requests the Government to ensure the application of the minimum age of 16 years in family undertakings.

Article 6. Vocational training and apprenticeship. The Committee notes that section 4 of the Employment of Children (Restriction) Ordinance states that the Ordinance does not apply to work performed by children in technical schools. The Committee also notes the Government’s statement that the competent authority has not prescribed any types of work that could be done by children and young persons for the purposes of Article 6. Nonetheless, the Committee notes that section 2 of the Labour Ordinance 1966 includes apprenticeship contracts as a type of employment contract. The Committee requests the Government to indicate the minimum age for apprenticeship contracts provided for by section 2 of the Labour Ordinance 1966.

Article 7(1). Light work from the age of 13 years. The Committee notes that, pursuant to section 3(1) of the Employment of Children (Restriction) Ordinance, children under the age of 12 may be employed by their parents in agricultural or horticultural work on land belonging to their parents. The Committee also notes that section 3(1) of the Employment of Children (Restriction) Ordinance further permits the employment of children between the ages of 12 and 16 in non-hazardous daytime work outside of school hours, specifying a maximum of up to two hours of work on school days and Sundays. The Committee reminds the Government that Article 7(1) of the Convention provides that national laws or regulations may permit children from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary steps to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years. It also requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use is made of the exceptions permitted in Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that, pursuant to section 16 of the Employment of Women, Young Persons and Children Act, any person found guilty of an offence against the Act (or any regulations made pursuant to the Act) for which no penalty is expressly provided shall be liable on summary conviction to a penalty not exceeding 24 (Caribbean) dollars (approximately US$9.23), and a penalty not exceeding 48 (Caribbean) dollars (approximately US$18.46) in the case of subsequent offences. The Committee also notes that section 6 of the Employment of Children (Restriction) Ordinance provides that any person contravening the Ordinance shall be liable on summary conviction to a fine not exceeding 100 (Caribbean) dollars (approximately US$38.46). The Committee requests the Government to provide information on the practical application of section 16 of the Employment of Women, Young Persons and Children Act and of section 6 of the Employment of Children (Restriction) Ordinance. The Committee also requests the Government to indicate if the fines contained in these pieces of legislation have been updated in recent years.

Article 9(3). Keeping of registers. The Committee notes that section 8 of the Employment of Women, Young Persons and Children Act requires employers in industrial undertakings or on ships to keep registers of persons under 16 years of age and specifies that these registers shall contain the name, address, and date of birth of all such persons. This register shall, on request at any reasonable time, be produced for inspection by any police officer. Section 8(3) of the Act specifies that any employer or shipmaster failing to comply shall be guilty of an offence, and shall be liable on summary conviction to a penalty not exceeding 96 (Caribbean) dollars (approximately US$36.92).

The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee further reminds the Government that this provision applies to all sectors of employment, not just in industrial workplaces or on ships. The Committee therefore requests the Government to provide information on the measures taken or envisaged to require employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s statement that labour officers in the Department of Labour are assigned to inspect and monitor various industries which are susceptible to child labour, such as construction sites and factories. The Committee also notes the Government’s statement that the Probation and Child Welfare Unit (in the Ministry of Social Development) has an active monitoring system involving child care, probation and truancy officers, and that education officers and guidance counsellors (within the Ministry of Education) are also used to supervise and enforce the legislation and administrative regulations pertinent to the Convention. The Committee requests the Government to provide information on the performance in practice of labour inspections concerning the monitoring of child labour. In this regard, the Committee requests the Government to provide information on the number and nature of violations detected involving children and young persons, including the number of violations reported, investigations conducted, fines imposed, and, where possible, extracts from reports of labour officers.

Parts IV and V of the report form. Court decisions and application of the Convention in practice. The Committee notes the Government’s statement that there are no known court cases involving questions of principle relating to the application of the Convention. The Committee also notes the Government’s statement that data regarding child labour is currently unavailable, though such data has been requested from the Government’s Statistical Unit and the Social Security Board. The Committee therefore requests the Government to provide this data on the number of children and young persons who are engaged in economic activities in Saint Kitts and Nevis in its next report, including for example, statistics disaggregated by sex and age relating to the nature, scope and trends in the labour of children and young persons working below the minimum age.