Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Barbade (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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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 appeared to be no legal provisions in Barbados that specifically prohibited the trafficking of children under the age of 18 years. It requested the Government to take measures to ensure such a prohibition, in conformity with Article 3(a) of the Convention.

The Committee notes with interest the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which prohibits the trafficking of persons for the purposes of labour and sexual exploitation. The Committee also notes that section 13(1)(a) of the Transnational Organized Crime (Prevention and Control) Act provides that if the trafficking victim is a child (defined in section 2(1) as all persons under 18), the perpetrator is liable to life imprisonment.

Article 3, clause (d), and Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that a list of the types of hazardous work had been adopted by the Ministry of Labour. The Committee noted that this list included, inter alia, 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; and work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads. The Committee requested the Government to indicate if this list of the types of hazardous work was included in any legislation or regulations.

The Committee notes the Government’s indication that the types of hazardous work in the previously provided list are addressed in specific pieces of legislation, such as the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that several of these pieces of legislation do not appear to address hazardous work, and that provisions of the Employment (Miscellaneous Provisions) Act do not encompass the tasks enumerated in the previously provided list (addressing only certain processes for the production of lead). The Committee also notes the Government’s indication that, pursuant to section 74 of the Factories Act, a labour inspector may decide that a type of work performed by young persons in a factory is injurious to their health, and that the Chief Labour Officer may subsequently require the employer to discontinue this hazardous work. However, the Committee observes that this case-by-case determination, on the opinion of the labour inspector, does not meet the requirements in Article 4(1) whereby the competent authority shall determine the types of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. While this practice will contribute to the removal of a child from hazardous work once detected, it does not prevent a child from becoming engaged in such a hazardous activity in the first place. Therefore, the Committee urges the Government to take the necessary measures to ensure that a list of types of hazardous work prohibited to persons under the age of 18 is adopted in national legislation in the near future.

Article 5. Monitoring mechanisms. Informal sector. The Committee previously noted the Government’s indication that during 2007 the number of inspectors in the Safety and Health Section of the Labour Department was increased from four to nine. The Government also indicated that labour officers did not ordinarily encounter the worst forms of child labour during routine inspections due to the hidden nature of the phenomenon.

The Committee notes the Government’s indication that the increase in the number of Safety and Health Officers in the Labour Department has resulted in heightened vigilance within all industries covered by existing legislation, including construction, manufacturing, agriculture and industrial undertakings. The Government indicates that Officers carrying out routine inspections are required to determine whether any young persons are employed within such undertakings. However, the Committee observes that these inspections only appear to cover enterprises in the formal economy and that children engaged in the informal economy appear to be beyond the reach of these inspections. In this regard, the Committee notes the Government’s indication that the occurrence of the worst forms of child labour in Barbados is likely to be in the informal sector. The Committee, therefore, requests the Government to redouble its efforts to monitor and combat the worst forms of child labour in the informal sector. In this respect, the Committee encourages the Government to consider taking concrete measures to strengthen the capacity and expand the reach of the Safety and Health Officers of the Labour Department into the informal economy, to address the worst forms of child labour in this sector.

Collaboration between inspection services and law enforcement officials. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years were being abused in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and indicated that the inspection and monitoring systems should be strengthened. The Committee also noted the Government’s statement that consideration was being given to having labour officers visit areas such as red light districts (with the necessary support from law enforcement officials). The Committee further noted the information from “A review of child labour laws of Barbados – A guide to legislative reform” (issued by the ILO in June 2005) that there is a 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.

The Committee notes the Government’s statement in its report that it recognizes the need for greater collaboration between the Police and the Labour Department. The Committee encourages the Government to take the necessary measures to increase cooperation between Royal Barbados Police Service and the Ministry of Labour for improved monitoring of the worst forms of child labour. It also requests the Government to provide information on initiatives to have labour officers (with the assistance of law enforcement officials) visit areas such as red light districts, to detect and combat the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the Ministry of Labour had undertaken several projects to sensitize the public on the worst forms of child labour, including a mass media campaign in collaboration with UNICEF, launched in 2008.

The Committee notes the Government’s statement in its report that it is continuing to implement the mass media sensitization programme to raise greater public awareness regarding the worst forms of child labour. In addition, the Government indicates that the Child Labour Committee continues to work with social agencies, law enforcement officials, non-governmental organizations (NGOs) and other relevant agencies to tackle the issue of child labour on the island.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of trafficking. The Committee previously noted 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. However, the Committee also noted the statement in an 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 Committee notes the Government’s statement that it has limited information available on this topic, and that there remains problems in identifying and reporting cases. However, the Committee also notes that, pursuant to section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, a person who is convicted of trafficking may be ordered to pay restitution to the victim and that this restitution may include (pursuant to section 13(4)) costs of medical and psychological treatment as well as costs of rehabilitation. Moreover, the Committee notes the information in the Government’s report submitted to the Universal Periodic Review of 16 September 2008, that the Bureau of Gender Affairs is in the process of developing a protocol which will seek to intervene in cases of trafficking and offer treatment to victims of this crime (A/HRC/WG.6/3/BRB/1, paragraph 65). The Committee requests the Government to provide information on the application in practice of section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, particularly regarding any child victims of trafficking who have received restitution in the form of costs for medical and psychological treatment as well for rehabilitation. In addition, the Committee requests the Government to provide information on the development and implementation of the protocol regarding treatment of victims of trafficking, in its next report.

Part V of the report form. Application of the Convention in practice. 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 a large scale research project is required, but that the Ministry of Labour had not yet been able to secure funds for such research. However, the Government indicated that a common survey instrument for various agencies whose work related to the elimination of the worst forms of child labour was finalized in late 2006, but that little information had yet been found. The Committee requested the Government to provide information on the findings of this survey once further data was collected.

The Committee notes the information in the Government’s report that this survey was to be administered in all social agencies and in schools, as needed. However, the Committee notes the Government’s statement that the survey is administered on a case-by-case basis and that finding information related to the worst forms of child labour remains a difficult task, due to, inter alia, confidentiality clauses regarding the operations of social work and legal institutions. The Committee observes that the last study conducted on this subject in Barbados was in 2002, and that this study found the presence of several of the worst forms of child labour in Barbados. Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to step up its efforts to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Barbados, is made available in the near future. To the extent possible, all information provided should be disaggregated by sex and age.