Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children under the age of 18 years. It had noted that, by virtue of section 35(3) of the Offences against the Person Act of 1994, it is an offence for any person to send away, carry away or cause or procure to be sent or carried away from Barbados a child under 16 years of age, for the purpose of employment in any other place without the knowledge of the parent or parents or the person having the care, charge or custody of that child. The Committee had repeated its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age. The Committee notes the Exploratory Assessment of Trafficking in Persons in the Caribbean Region issued by the International Organization for Migration in 2005  that found that some level of human trafficking existed in Barbados, in the areas of sexual exploitation and domestic servitude (page 57). The Committee recalls once again that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. It therefore repeats its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age, in conformity with Article 3(a) of the Convention.

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. The Committee previously noted the Government’s information that a subcommittee was launched in 2005 to develop a list of dangerous work to be prohibited for children under 18 years of age. The Committee hoped that, in determining the types of work to be considered as hazardous, due consideration would be given to relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee asked the Government to provide a copy of the list of the types of hazardous work as soon as it was adopted. The Committee now notes the list of the types of hazardous work, provided by the Government in its report, which has been adopted by the Ministry of Labour. This list includes:

–           work in construction and welding where stringent health and safety guidelines are not followed;

–           work underground, underwater, at dangerous heights or in confined spaces;

–           work involving the use of dangerous chemicals;

–           work in the agricultural sector which exposes children to dangerous conditions;

–           work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads;

–           work in the information/communications sector where ergonomic practices are non-existent or below the required standard;

–           work such as commercial sexual exploitation which exposes children to physical, psychological or sexual abuse.

The Committee also notes the Government’s information that employers’ and workers’ organizations were consulted in the development of this list. The Committee requests the Government to indicate if this list of the types of hazardous work has been included in any legislation or regulations and to indicate what penalties exist for employers found to be employing minors in these prohibited types of work.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years are being abused within the definition of the worst forms of child labour in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and that the union considers that the inspection and monitoring systems should be more fully strengthened and empowered to prosecute where there is evidence that minors are being procured for illicit activities. The Committee further recalled the ILO “Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” of December 2002, which states that, despite the strong policy and legal framework, monitoring strategies appear to be inadequate, and that the establishment of a centralized database of reports across related sectors such as education, health, social services and probation, the police and justice system could provide better surveillance. The Committee requested the Government to provide information on measures taken or envisaged to strengthen labour inspection mechanisms in practice. The Committee notes the information in the Government’s report that, during 2007, the number of inspectors in the Safety and Health Section of the Labour Department was increased from four to nine. The Committee also notes the Government’s statement that labour officers do not ordinarily encounter the worst forms of child labour during routine inspections due to the hidden nature of the phenomenon. The Committee further notes the Government’s statement that consideration is being given to having labour officers visit areas such as red light districts (with necessary support from law enforcement). Finally, the Committee notes the indication in “A review of child labour laws of Barbados – A guide to legislative reform” issued by the ILO in June 2005 that there is the need to strengthen the monitoring of child labour in Barbados, particularly through greater institutionalized collaboration between the Royal Barbados Police Service and the Ministry of Labour in order to enhance surveillance and detection of the worst forms of child labour. The Committee requests the Government to provide information on the impact that the 2007 increase of the number of inspectors in the Safety and Health Section has had on improving the Labour Department’s capacity to detect cases of child labour with a view to removing these children from the worst forms of child labour. The Committee further requests the Government to provide extracts from the inspection services regarding children and young persons under the age of 18, as well as information on the number and nature of the contraventions reported and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados had prepared a National Plan of Action which, among other subjects, includes: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. The Committee requested the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour. The Committee notes the Government’s indication that the Child Care Board’s National Plan of Action is not yet off the ground. The Committee nevertheless notes that the Ministry of Labour has undertaken several projects to sensitize the public to the worst forms of child labour, including a mass media campaign in collaboration with UNICEF, launched on 12 June 2008 (the International Day against Child Labour). The Committee notes that this campaign has dual goals of sensitizing the public about what constitutes child labour and to raise public awareness that child labour, in its worse forms or otherwise, is a violation of children’s rights. The Committee notes the Government’s indication that this campaign includes materials such as brochures, posters, jingles and dramatic presentations on DVD. The Committee requests the Government to provide information on the Child Care Board’s National Plan of Action and its impact in eliminating the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s indication that, in March 2005, a concept paper on an education programme on child labour was finalized for selected interest groups, such as guidance counsellors, teachers, parents, children, media, law enforcement officers, community groups and churches. The training included the use of the ILO–IPEC SCREAM methodology, which aims to inform young people about the injustices that exist with the focus on child labour so that they in turn can speak out against child labour. The Committee requested the Government to provide further information on the education programme. The Committee notes the Government’s information that this training took place in 2006–07 in the form of workshops. The goals of this workshop were to understand the concept of child labour (in order to facilitate public education), to identify cases of child labour and to outline the dangers of child labour. The Committee notes this information.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the Government’s indication that Barbados has engaged in a number of poverty alleviation programmes and that measures have been introduced to create an environment to support economic growth and development. The Committee had requested the Government to supply information on any notable impact of the poverty alleviation programmes introduced by the Government on removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes the Government’s information on the Government’s programmes focusing on poverty reduction. The Committee notes that as of June 2008, 1,591 females and 1,594 males under the age of 16 were receiving national assistance from the Welfare Department. The Committee notes that the Welfare Department also provides educational assistance to students (including assisting in the waiving of fees) and helps poorer households with the payment of rent, utilities and groceries, which benefits children in these households. The Committee notes the information in the Government’s report on the activities of the Poverty Alleviation Bureau, which includes poverty eradication activities at the individual and household level, as well as a new Constituency Empowerment Programme which will facilitate the collection of information on poverty, the identification of needy households and the provision of community based solutions to poverty alleviation.

Clause (d). Identifying and reaching out to children at special risk. 1.  Child victims and orphans of HIV/AIDS. The Committee had previously noted that, according to the ILO Rapid Assessment study, the country’s HIV/AIDS status is of special importance because of the risks associated with the commercial sexual exploitation of children, and the impact of the pandemic on the family. The Committee had requested the Government to provide information on measures taken or envisaged to address the situation of these children. The Committee notes the Government’s statement that there are no specific programmes designed to target children at risk and children who are victims of the HIV/AIDS pandemic. The Committee notes the Government’s indication that it established the National HIV/AIDS Commission in May 2001, and that the National Commission’s mandate includes prevention programmes, policy development, project management, care and support, and monitoring and evaluation of all aspects of the National AIDS Programme. The Committee notes that the Ministry of Health programme offers anti-retroviral therapy free of cost, with comprehensive services that address the clients’ medical, social and psychological needs. The Committee also notes the Government’s indication that this programme allows parents to have longer and more supportive relationships with their children, and effectively reduces the number of orphans in Barbados. The Committee notes the information provided in the Government’s February 2008 report for United Nations General Assembly Special Session on HIV/AIDS (“UNGASS Report”) that there were an estimated 244 orphans in Barbados due to AIDS deaths in 2006. The UNGASS report also indicates that the school attendance rate of these orphans was equal to that of non-orphaned children, and that the Government provides all orphaned and other vulnerable children with basic external support. The Committee notes this information.

2. Victims of trafficking. The Committee notes the Government’s statement that in cases where there is evidence of the trafficking of children, measures have been put in place to send the child for rehabilitation. The Committee notes the statement in the IOM report that “[t]here are presently no alternatives for dealing with possible victims [of trafficking] other than deportation, whereas there should be provisions in place for their immediate protection and voluntary return. The present system further victimizes the victim” (page 54). The Committee requests the Government to provide information on effective and time-bound measures taken to address the situation of children who have been the victims of trafficking, including measures to send such children to rehabilitation programmes.

Parts IV and V of the report form. Practical application of the Convention. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that, at this stage, Barbados is applying the Convention in a general way because of the lack of research data. The Committee noted the Government’s information that the worst forms of child labour relate to the sexual exploitation of children, and that it is difficult to respond to queries about the commercial sexual exploitation of children since the Ministry of Labour and Social Security has to be informed by solid research, which is lacking. The Committee noted that budgetary constraints have not enabled the Ministry to embark on this research. It further noted the Government’s indication that the Ministry of Labour and Social Security would do whatever it could with the resources at its disposal to address the issue of child labour. The Committee again notes the Government’s indication that a large scale research project is required to determine the extent of the phenomenon of child labour, but that the Ministry of Labour has not yet been able to secure funds for such research. The Committee notes the Government’s statement that it decided that a common survey instrument should be adopted by the various agencies whose work related to the elimination of the worst forms of child labour, because there was a lack of administrative records on the matter. The Committee notes that a survey was finalized in late 2006, and that according to the various social agencies that have used the survey form, little information has been unearthed. The Committee requests the Government to provide information on the findings of this survey once further data is collected.