Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes in the Government’s report that, as per section 184 of the Criminal Code, “whoever kidnaps any person”, as defined in section 198, “shall be liable to imprisonment for ten years”. It also notes that section 185 states that “whoever steals any person”, as defined in section 200, “under twelve years of age whether with or without his consent, shall be liable to imprisonment for ten years”. Furthermore, the Committee notes the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute; and (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. The Committee notes, however, that the Criminal Code does not seem to prohibit the sale and trafficking of boys for prostitution, nor does it seem to prohibit the sale and trafficking of children for labour exploitation. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery, including the sale and trafficking of children for both labour and sexual exploitation, constitutes one of the worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to ensure that the sale and trafficking of children below 18 years of age for labour exploitation, as well as the sale and trafficking of boys for sexual exploitation, is effectively prohibited.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes in the Government’s report that section 187 of the Criminal Code imposes a prohibition on the defilement of young females on one’s property. The severity of the penalty of this prohibition is dependent on whether the female is: (a) under 13 years of age; or (b) over 13 and below 16 years of age. The Committee also notes the prohibition, as per section 188, on the procuring of any female: (a) to become, either within or without Grenada, a common prostitute and; (b) to leave Grenada, with intent that she may become an inmate of a brothel elsewhere. Lastly, the Committee notes that section 429 prohibits anyone from publishing, selling, or offering for sale any obscene book, writing or representation. The Committee notes, however, that although the Criminal Code contains provisions criminalizing procuring, it does not appear to criminalize the client and that, furthermore, the Criminal Code does not seem to prohibit the use, procuring or offering of boys for prostitution, for the production of pornography or for pornographic performances. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to criminalize clients who use children under 18 years of age for prostitution and to establish sanctions for this purpose. It also requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of boys under 18 years of age for prostitution, for the production of pornography or for pornographic performances is effectively prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Drug Abuse (Prevention and Abuse) Act (Drug Abuse Act) contains provisions for numerous drug-related offences including their: importation and exportation (section 4); production and supply (section 5); possession (section 6); handling (section 7); misuse (section 8); and trafficking (section 18). The Committee notes in the Government’s report that, as per section 22 of the Drug Abuse Act, it is prohibited for any person to knowingly and intentionally: (a) employ, hire, use, persuade, induce, entice or coerce a child or young person to contravene any provision of the Drug Abuse Act; (b) employ, hire, use, persuade, induce, entice or coerce a child or young person to assist in avoiding detection or apprehension for any offence in the Drug Abuse Act; and (c) receive a controlled drug from a child or young person in contravention of any provision of the Drug Abuse Act. The Committee notes that section 2 defines a “child” as a person under 14 years of age and a “young person” as a person who is over 14 years of age and under 18 years of age.

Clause (d) and Article 4, paragraph 1. Hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee notes in the Government’s report that section 135(4) of the Shipping Act stipulates that no person under the age of 18 years shall be employed to work in the engine room of any vessel, unless that young person is an apprentice working under supervision. Furthermore, as noted in its comments under Convention No. 138, the Committee observes that section 47(2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity in any Grenadian Ship unless a Medical Practitioner Certificate has been delivered to the Master of a Ship certifying that such person is fit to be employed in that capacity. The Committee also notes that the Government has taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee notes, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them”. Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used, or intended to be used, in the workplace, and its presence in the workplace, or the manner of its use is, in the opinion of the Ministry, likely to endanger the health of a worker, the Ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the Ministry specifies. The Committee notes that the Government will take measures to include provisions such as those from the OSH Model Law, above, or other types of hazardous work in national legislation after consultation with the employers’ and workers’ organizations. The Committee requests the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 4, paragraph 1, of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that section 10 of the Employment Act of 1999 spells out the powers of the labour officers, who may inspect undertakings, interrogate the employer and employees and inspect any relevant records. The Committee notes in the Government’s report that there are no records of violations concerning children and young persons involved in the worst forms of child labour. It further notes that legislative mechanisms will be established with respect to administrative provisions and general occupational safety and health requirements in accordance with the Convention, in consultation with the employers’ and workers’ organizations. The Committee, once again, requests the Government to provide further information on the functioning of the labour inspectorate, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. It also hopes that the Government will soon adopt mechanisms designed to monitor the implementation of the administrative provisions and general OSH requirements giving effect to the Convention and to provide information on developments in this regard in its next report.

Article 6. Programmes of action. The Committee notes again that no information is provided on this point in the Government’s report. It once again reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly, once again, requests the Government to take the necessary measures to adopt programmes of action, in consultation with workers’ and employers’ organizations and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Grenada.

Article 7, paragraph 1. Penalties. The Committee notes that the Government’s report contains no information on this point. It once again requests the Government to provide information on the measures taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee once again notes the absence of information in the Government’s report on the existence of effective and time-bound measures:

(a)   preventing the engagement of children in the worst forms of child labour;

(b)   providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;

(c)   ensuring access to free basic education and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour;

(d)   identifying and reaching out to children at special risk; and

(e)   taking into account the special situation of girls.

It therefore once again requests the Government to supply information on the measures taken or envisaged, as required under Article 7, paragraph 2(a)–(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Article 8. International cooperation. The Committee once again notes the absence of information in the Government’s report on this point. It therefore, once again, requests the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee once again notes the absence of information on this point in the Government’s report. It once again encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form. Application of the Convention in practice. The Committee once again notes the absence of information on this point in the Government’s report. It therefore, once again, requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.