Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes the Government’s first report. The Committee notes that the Government adopted a new Criminal Code of 2004 which retains most of the provisions of the Criminal Code of 2001. It also notes that the Parliament has assented to the new Labour Code No. 37 of 2006, according to the Saint Lucia Government Gazette of 27 November, 2006. The Committee requests the Government to supply a copy of the Criminal Code of 2004 and the Labour Code No. 37 of 2006.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to section 160 of the Criminal Code of 2001, any person who unlawfully takes away or causes to be taken away or detains another person to marry or for sexual intercourse shall be guilty of an offence. It also notes that section 141 of the Criminal Code prohibits the trafficking of persons, including children under the age of 18 years, for the purposes of prostitution. The Committee notes that, according to a report by the International Organization for Migration entitled “Exploratory Assessment of Trafficking in Persons, 2005”, trafficking trends in Saint Lucia are for the purposes of domestic servitude, forced labour and sexual exploitation, in particular. The Committee requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years for labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that by virtue of articles 4 and 5 of the Constitution, no person shall be held in slavery or servitude or required to perform forced labour or be subject to torture, or to inhuman or degrading punishment or other treatment. It also notes that section 6 of the draft Labour Code of 2006 prohibits forced labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information under this point. The Committee notes, however, that according to a report entitled “Child Soldiers Global Report 2008 – Caribbean”, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), Saint Lucia has no military forces, and that security is the responsibility of the police forces. It further notes the information from the same report that the recruitment to the security forces is voluntary and that the minimum age for the recruitment to the police force is 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Criminal Code contains a number of provisions relating to the prohibition of procuring or offering of a person, including a child, for prostitution. According to section 141 of the Criminal Code, procuring, aiding or abetting any male or female under 18 years of age for the purposes of prostitution inside or outside the country shall be punished. Furthermore, sexual intercourse with a minor employee (section 129), keeping a brothel (section 143), trading in prostitution (section 147), soliciting prostitution (section 150), and living on the earnings of prostitution (section 151), are all punishable offences under the Criminal Code.

2. Use, procuring or offering of a child for the production of pornography and for pornographic performances. The Committee notes that the national legislation does not appear to contain any provision addressing child pornography, other than the provisions under section 330 of the Criminal Code which prohibit the sale or exposure of pornographic material to a minor (defined as children under the age of 12 years). The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child below 18 years for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 6 of the Children and Young Persons Act No. 11 of 1972 prohibits the use of a juvenile under 18 years in begging. It also notes that section 16 of the Drugs (Prevention of Misuse) Act No. 22 of 1988 prohibits in general the sale, use and trafficking of controlled substances and makes specific attempts to protect children from persons attempting to influence schoolchildren. However, the Committee notes that there appears to be no legislation that prohibits the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee accordingly requests the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, is prohibited by national legislation.

Article 3, subparagraph (d). Hazardous work. The Committee notes that, according to section 122(2) of the draft Labour Code of 2006, no person shall employ or allow to be employed a child or a young person in employment that is inappropriate for a person of that age, being work which places at risk the child or young person’s well-being, education, safety, physical or mental health, or moral or social development. A “child”, as per section 2 of the Labour Code, refers to a person under the age of 15 years and a “young person” means a person between 15 and 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s statement that section 23 of the Occupational Health and Safety Act of 1985 lists certain types of work prohibited to young persons between the ages of 16 and 18 years. Accordingly, the following processes and operations are prohibited to young persons: (a) cleaning, lubricating or adjusting any machinery while in motion; (b) work on steam boilers, kilns, ovens (other than bakery ovens) or other equipment involving exposure to high temperature; (c) work on machine tools and any other high-speed machinery, (d) operation of cranes, winches and other lifting appliances; (e) operation of vibratory tools; and (f) work involving responsibility for the safety and health of other persons. The Committee further notes that, as per section 126 of the Labour Code, the Minister may, on the advice of the Labour Commissioner and the Medical Board, make regulations prescribing the categories of work prohibited to children and young persons. The Committee requests the Government to indicate whether any regulations prescribing the types of work prohibited to children and young persons have been issued pursuant to section 126 of the Labour Code.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that there are no established or designated mechanisms to monitor the implementation of the provisions giving effect to the Convention. However, the Department of Labour during its workplace inspections checks cases of worst forms of child labour. The Government further states that employment of young persons in hazardous work does not exist in the formal economy, though in the past there were cases where children used to miss school and help in the family-owned banana farms during harvesting seasons.

The Committee notes that, according to section 176 of the Labour Code, an authorised officer may conduct an inspection, examination or inquiry into any industrial undertaking and exercise such powers, duties and functions as may be necessary to give full effect to the provisions of this Act. Section 177 further states that where the authorized officer considers that the work done by a young person in an industrial undertaking is prejudicial to the health of that young person, the officer shall serve notice to the employer of the young person requiring the discontinuance of such work by the young person. The Committee also notes that section 6 of the Occupational Health and Safety Act establishes a labour commissioner who shall be responsible for the enforcement of the provisions of this Act and the regulations made thereunder. The Committee requests the Government to provide information on the functioning of the labour inspectorate and on the number of inspections carried out by the labour inspectorates. It also requests the Government to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour. It further requests the Government to indicate whether any other monitoring mechanisms have been established to secure the application of the provisions of Article 3(a)–(c) of the Convention.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.258, paragraph 71) had recommended the State party to undertake a comprehensive study on the sexual exploitation of children and to use the data to design policies and programmes to prevent the commercial sexual exploitation of children, including through the development of a national plan of action on commercial sexual exploitation of children. The Committee requests the Government to provide information on the measures taken or envisaged to develop a programme of action or a national plan of action to combat the commercial sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes that the Criminal Code provides for penalties of imprisonment for the offences related to abduction or unlawfully taking away or detaining a person for marriage or for sexual intercourse (section 160); and procuring, aiding and abetting the prostitution of children under 18 years within or outside the country (section 141). It also notes that section 127 of the Labour Code provides for penalties of fines or imprisonment on any employer who contravenes any of the provisions related to the employment of children and young persons (section 122). The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2 June 2006 (CEDAW/C/LCA/CO/6, paragraph 20), recommended the State party to ensure the effective prosecution and punishment of those who exploit prostitution and child traffickers. Accordingly the Committee asks the Government to take the necessary measures to ensure that persons who use, procure or offer children in the worst forms of child labour, in particular for trafficking and prostitution, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the relevant legislation.

Article 7, paragraph 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 notes that, according to the provisions of the Education Act of 1999, education is free and compulsory from the age of 5 years up to 15 years. It notes that, according to UNICEF statistics, the primary school net enrolment rate for the period 2000–07 was 98 per cent. The Committee also notes the Government’s indication that the Ministry of Education is implementing the school feeding and book bursaries programme. According to information available in the site of the Ministry of Education, Human Resource Development, Youth and Sports, the Government has adopted an “Education Sector Development Plan 2000 to 2005 and Beyond” which, among others, focuses on increasing access to universal secondary education of high quality. The Committee notes, however, that the Committee on the Rights of the Child in its concluding observations of September 2005 (CRC/C/15/Add.258, paragraph 61), expressed concern that the State party did not provide universal access for children in particular to secondary school. It further expressed concern at the lack of continued education of school-aged teen mothers and the growing number of children who drop out of school, particularly boys. The Committee requests the Government to take the necessary measures to improve access to secondary education for all children, including teenage mothers and to reduce the drop-out rates of children, in particular boys. It requests the Government to provide information on the measures taken in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child trafficking and commercial sexual exploitation of children. The Committee notes that the CEDAW, in its concluding observations of 2 June 2006 (CEDAW/C/LCA/CO/6), expressed concern at the lack of information regarding the extent of trafficking in women and girls and the causes and extent of prostitution in the country, in particular the scale of this phenomenon in the tourism industry. The Committee notes that the CEDAW also expressed concern about the exploitation of prostitution and the absence of efforts to combat this phenomenon and recommended the State party to enhance collaboration with countries in the region to prevent and combat trafficking in women (paragraphs 19 and 20). The Committee notes that, according to a report by the International Organization for Migration (IOM), entitled “Counter-Trafficking Activities in Saint Lucia, an Overview of 2007”, the Government of Saint Lucia is working closely with the IOM to increase the Government’s understanding of human trafficking within its border and the region as well as to aid efforts to raise awareness on this issue through its programme Caribbean Counter-Trafficking Initiative. It further notes the information from the same report that the partners in Saint Lucia are planning to pursue counter-trafficking activities, such as developing protocols and referral mechanisms, community outreach through the information campaign and through improving legislation. According to a report entitled “2005 Findings on the worst forms of child labour – Saint Lucia”, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), there are reports that internal trafficking of minors is becoming a problem in Saint Lucia. The Committee requests the Government to provide information on the concrete measures taken to combat trafficking in children and their impact. It also requests the Government to indicate the measures taken or envisaged to assess the number of children engaged in commercial sexual exploitation in order for it to be able to adopt measures thereafter to remove children from the commercial sexual exploitation and provide for their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the concerns expressed by the CEDAW in its concluding observations (CEDAW/C/LCA/CO/6, paragraphs 19 and 20) at the lack of information regarding the extent of child trafficking and prostitution of children and the lack of awareness on the scale of this phenomenon in the tourism industry. The Committee expresses its regret at the insufficient data on the extent of child trafficking and prostitution of children in Saint Lucia, in particular in the tourism industry. It strongly urges the Government to take the necessary measures to ensure that sufficient data on the involvement of children in the worst forms of child labour, in particular trafficking and prostitution, is available.