Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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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Articles 3(d) and 4(1) of the Convention. Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138). The Committee also draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. 1. Informal economy. The Committee previously noted the Government’s indication that the number of inspectors in the Safety and Health Section of the Labour Department has increased from four to nine, resulting in heightened vigilance within all industries covered by existing legislation. The Government indicated that Officers carrying out routine inspections are required to determine whether any young persons are employed within such undertakings. The Committee further observed 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.

The Committee notes the Government’s statement that economic constraints have not allowed the capacity strengthening of the labour inspectors within the Labour Department. The Committee further notes, with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), that the scope of application of the Safety and Health at Work Act (SHAW) 2005 which entered into force in January 2013 is wider, covering not only factories, but also agricultural enterprises. The Committee requests the Government to redouble its efforts to monitor and combat the worst forms of child labour in the informal economy. 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 so that they can monitor the worst forms of child labour in the informal economy.

2. 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 Government’s statement that it recognizes the need for greater collaboration between the police and the Labour Department. Noting the absence of information on this point in the Government’s report, the Committee once again encourages the Government to take the necessary measures to increase cooperation between the 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 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 it has limited information available on the trafficking of children and their rehabilitation, and that there remain problems in identifying and reporting cases. However, the Committee also noted 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. The Committee further noted 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.

The Committee notes the Government’s indications that a National Task Force on the Prevention of Trafficking of Persons has been established to coordinate the Government’s response to prevention, detection and prosecutions in cases of child trafficking. The Government also indicates that no written protocol has been developed yet to facilitate inter-agency operations. The Committee finally notes the Government’s statement that in 2013, there was one case involving child trafficking which is still before the court. It mentions that there is no record of any victim of trafficking being provided with restitution in the form of costs for medical and psychological treatment as well as rehabilitation. 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 the treatment of victims of trafficking.

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. The Committee observed 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.

The Committee notes the Government’s indication that it has not been able to gather any data on the nature and trends 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.