Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Dominique (Ratification: 2001)

Autre commentaire sur C182

Demande directe

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The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

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 In its previous comments, the Committee noted that section 51 of the Offence against the Person Act, Chapter 10:31 criminalizes the abduction of girls under the age of 18 years for sexual purposes. The Committee, however, noted the absence of legislative provisions specifically prohibiting the trafficking of children (boys and girls) for sexual and labour exploitation and urged the Government to take the necessary measures in this respect.

While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption of the Transnational Organized Crime (Prevention and Control) Act (Act No. 13 of 2013), which under section 8 introduces the offence of trafficking in persons for sexual and labour exploitation and under section 13 provides for a penalty of life imprisonment for the commission of trafficking in persons when the victim is a child. Section 2 of the Act defines “child” as a person under 18 years of age. The Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed on perpetrators of trafficking of children under sections 8 and 13 of the Transnational Organized Crime (Prevention and Control) Act.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances. In its previous comments, the Committee noted that under section 18 (a) of the Sexual Offences Act (Act No. 1 of 1998), a person who procures or induces a minor to have sexual intercourse with any person is liable to imprisonment for twenty five years. The Committee also noted that no legislative provision existed prohibiting child pornography. The Committee requests the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is prohibited and subject to dissuasive sanctions. The Committee also requests the Government to provide information on the application in practice of section 18 (a) of the Sexual Offences Act, including information on the number of investigations, prosecutions, convictions and penalties imposed on persons for procuring children under 18 years of age for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Children and Young Persons Act, Chapter 37:50 prohibits the use of persons under 18 years of age for begging, however it also noted the absence of information on legislation prohibiting the use of children in other illicit activities. The Committee once again requests the Government to take measures to ensure that the use, offering or procuring of children under 18 years of age for illicit activities, including the production and trafficking of drugs is prohibited and punishable by dissuasive sanctions. The Committee requests the Government to provide information on any developments made in this respect.

Clause (d) and Article 4(1). Hazardous work. With regard to the prohibition and determination of hazardous types of work for children under the age of 18 years, the Committee refers to its comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the Government’s intention to devise a national campaign for the elimination of the worst forms of child labour, in consultation with social partners. The Committee once again requests the Government to provide information on the progress made towards the development and adoption of national programmes of action for the elimination of the worst forms of child labour, in consultation with the social partners.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In previous comments, the Committee noted that the Education Act (No. 11 of 1997) guarantees free and compulsory education of all children aged 6 to 16 years (section 16 read together with section 27 of the Act). The Committee notes that, according to UNESCO statistics, the net enrolment rate in primary education (children aged 6 to 11 years) slightly dropped from 95.6 per cent in 2011 to 92.4 in 2019; whereas the net enrolment rate in secondary education (children aged 12 to 16 years) increased from 72.7 per cent in 2011 to 87 per cent in 2019. The Committee notes that, according to the 2017 UNICEF Situation analysis of children in the Commonwealth of Dominica, pregnant teenagers face stigma and often choose to discontinue school, and that young mothers who wish to continue their education through alternative course work are discouraged due to fees, childcare requirements and lack of support (page 51). Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue promoting access to free basic education for all children, including pregnant teenagers and teenage mothers. In this regard, the Committee requests the Government to provide information on effective and time-bound measures taken or envisaged to that effect.

Clause (d). Children at special risk. Kalinago (Carib) children. In its previous comments, the Committee noted that the indigenous Kalinago children (previously referred to as Carib children) faced limitations in the enjoyment of their rights and requested the Government to provide information on measures taken to promote their access to education. The Committee notes that according to the National Resilience Development Strategy 2030 adopted by the Government in 2018, members of the Kalinago people suffer from low educational attainment, unemployment and poverty (page 128). Moreover, the 2017 UNICEF Situation analysis of children in the Commonwealth of Dominica indicates that a large proportion of the Kalinago population are children and youth, and 49.9 per cent of such population lives in poverty compared to a national average of 28.8 per cent (page 26). In this regard, the Committee requests the Government to provide information on effective and time-bound measures taken or envisaged to improve the educational attainment of Kalinago children, so as to prevent their engagement in the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee requests the Government to intensify its efforts to provide updated statistical information on the nature, extent and trends of the worst forms of child labour in the country, as well as on the number of children covered by the measures taken to give effect to the Convention.