Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that the Constitution of Barbados under article 14(1)(2) declares that no person shall be held in slavery or servitude nor required to perform forced labour. It also notes that, by virtue of section 33 of the Offences Against the Person Act of 1994, anyone who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains any person as a slave against that person’s will, is guilty of an offence. The Committee observes that section 34 of the Offences against the Person Act states that any person who unlawfully compels any person to labour against that person’s will is guilty of an offence. The Committee asks the Government to provide information on the manner in which the prohibitions of slavery and forced labour provided by article 14 of the Constitution and sections 33 and 34 of the Offences against the Person Act of 1994 are applied in practice.

2. Sale and trafficking of children. The Committee notes that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in persons. It notes however 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 also notes that, according to section 13(a) of the Sexual Offences Act, 1992, a person who procures a minor under 16 years of age to have sexual intercourse with any person either in Barbados or elsewhere, is guilty of an offence. The Committee reminds the Government 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, each member State which ratifies this Convention must 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 requests the Government to indicate the measures taken or envisaged to prohibit the trafficking of children under 18 years of age for the purposes of sexual or labour exploitation, as well as the sanctions envisaged.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 13(b) and (c) of the Sexual Offences Act, 1992, a person who: procures another for prostitution, whether or not the person procured is already a prostitute, either in Barbados or elsewhere; or procures another to become an inmate of a brothel or to frequent a brothel, whether the person procured is already an inmate of a brothel in Barbados or elsewhere, is guilty of an offence. It also notes that section 15(b) of the Sexual Offences Act states that anyone who detains another against their will in any brothel is guilty of an offence. The Committee notes that section 18 of the Sexual Offences Act lays down provisions to punish anyone who: (a) keeps, manages, or assists in the management of a brothel; (b) being the person in charge of any premises, knowingly permits the premises to be used as a brothel or for the purposes of prostitution; (c) being the lessor or landord of any premises, lets the same or any part thereof with the knowledge that the premises are to be used as a brothel. It also notes that section 19 punishes anyone who knowingly lives wholly or in part on the earnings of prostitution or in any place solicits for immoral purposes; section 20 states that anyone who for purposes of gain, exercises control, direction or influence over the movements of a prostitute in a way which shows that the person is aiding, abetting or compelling the prostitution is guilty of an offence. 

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Protection of Children Act of 1990 offers protection to children under 18 years of age from exploitation in pornography. It notes that, for the purposes of this Act, "child" means a person under the age of 18; "film" includes any form of video-recording; "indecent photograph" includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph that is part of a film that shows children (section 2). The Committee notes that, according to section 3(1) of the Act, a person is guilty of an offence if that person: (a) takes or permits to be taken any indecent photograph of a child; (b) distributes or shows an indecent photograph of a child; (c) possesses indecent photographs of a child whether or not with a view to their being distributed or shown by that person or others; or (d) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows indecent photographs of children or intends to do so. The Committee notes that, by virtue of section 6(1) of the Act, the same offence is punishable if committed by corporations. It further notes that, by virtue of section 3(2), a person is to be regarded as distributing an indecent photograph if that person parts with possession of the photograph, exposes, or offers it for acquisition by another person.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that protection of children from drug abuse is provided by the Drug Abuse (Prevention and Control) Act, 1990. It notes that sections 4 to 17 of the Act lay down provisions relating to unlawful activities related to controlled drugs, such as import and export; production and supply; possession; handling; misuse; acts preparatory to importing; and cultivation. For the purposes of this Act, the expression "controlled drug" means any narcotic drug, or any psychotropic substance listed in the Act. The Committee notes that section 18 provides for the offence of trafficking in a "trafficable quantity" of controlled drugs and it includes the activities of: importing or exporting; supplying; possessing whether in Barbados or elsewhere; managing or being concerned in such activities. This provision shall apply whether or not the controlled drug is in Barbados or is to be imported into Barbados or is ascertained or in existence (section 18(3)). The Committee notes that sections 22 and 23 punish persons who may use, employ or hire children in the drug trade. According to these sections, it constitutes an offence for any person to knowingly and intentionally: (a) employ, hire, use, persuade, entice or coerce a child or a 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 under this Act; (c) receive a controlled drug from a child or young person in contravention of any provision of this Act. The Committee notes that, according to section 2 of the Act, "child" means a person under 14, and "young person" means a person over 14 and under 18 years of age. It also notes that, by virtue of section 21(1), it constitutes an offence for a person to posses a controlled drug in or within a radius of 100 yards of any school premises. The Committee further notes that the offences provided by the Act are punished even if committed by corporations. It also notes that, by virtue of section 32, a person is guilty of an offence if in Barbados he assists or induces the commission in any place outside Barbados of an offence punishable under a corresponding law in force in that place.

Clause (d). Hazardous work. The Committee notes that the Employment (Miscellaneous Provisions) Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board ships. It notes that, according to section 8(1) of the Employment (Miscellaneous Provisions) Act, no "young person" (between 16 and 18 years, according to the Employment Act as amended in 2001) may be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work which, by its nature or the circumstances in which it is done, is likely to cause injury to his health, safety or morals. It also notes that section 11 of the Employment Act prohibits the employment of "children" (under 16 years of age) in any industrial undertaking or ship and section 13 of the same Act prohibits the employment of a child during the night in any undertaking whatsoever. The Committee notes that section 65 of the Factories Act of 1984 states that no person may be employed to lift, carry or move and load any load so heavy as to be likely to cause injury and section 66 prohibits the employment of women and "young persons" (between 15 and 18 years of age) in certain processes connected with lead manufacture. The Committee also notes that, according to section 103(2) of the Shipping Act of 1994, no person may employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner certifying that the individual is fit to be employed in that capacity, is delivered to the master of the ship; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee notes that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) may be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) may be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that the Employment (Miscellaneous Provisions) Act, 1977, does not contain a determination of the types of work likely to harm the health, safety or morals pursuant to section 8. However, it notes that this text provides for a definition of "industrial undertaking" including some types of hazardous work, such as work in any mine, quarry and other work respecting the extraction of minerals from the earth; processes related to manufacture, ship-building, generation, transformation or transmission of electricity, building and civil engineering work, constructional, repair, maintenance, alteration and demolition work; transportation of passengers or goods by road or rail. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which is to be prohibited for children under 18 years of age. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190 in this regard. It also asks the Government to provide information on tripartite consultations held thereon.

Article 4, paragraph 2. Measures taken to identify where the types of work so determined exist. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that no mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention. However, it notes that Barbados has a well-developed network of institutions for health, education, social services, justice and many social partners. The Committee notes that in 1998 the Government established a National Committee for Monitoring the Rights of the Child. It observes that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. The Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children; this involves investigating cases of child abuse or child labour, providing counselling services, residential placement and foster care. The Committee notes that the Labour Department administers the Employment (Miscellaneous) Act and labour officers are trained to enforce labour legislation. It also notes that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and labour officers of the Ministry of Labour are in charge of performing inspection duties and in particular of: (a) ensuring that the laws in force concerning conditions of employment and the protection of employees in the occupation are fully applied; (b) indicating in their inspection reports difficulties or abuses not specifically covered by existing laws; (c) visiting places of employment and instituting inquiries; (e) establishing statistical data in the course of their inquiries. Furthermore, by virtue of section 7 of the Labour Department Act, they are entitled to: (f) enter, inspect and examine any premises or place liable to inspection; (g) require information from any employer; (h) carry out examinations and tests in order to verify if the legal provisions are strictly observed; (i) interrogate the employer, requiring any prescribed registers and take samples for purposes of analysis. The Committee notes that specific inspection powers are assigned to labour officers by single labour laws, such as the Employment (Miscellaneous) Act and the Factories Act of 1984. Nevertheless, the Committee notes that, according to the "Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy" established by the ILO in December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate and that the establishment of a centralized database of reports across related sectors such as education, health, social services, probation, the police and justice system could provide better surveillance.

The Committee asks the Government to provide information on the inspections carried out by the labour officers and the Child Care Board regarding infringements of the national provisions giving effect to the Convention and to supply copies of any reports and documents showing the functioning and accomplishments of these mechanisms in monitoring the worst forms of child labour. It also asks the Government to indicate the consultations held with employers and workers’ organizations in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s information that in September 2002, the ILO conducted a rapid assessment study on child labour and its worst forms. It notes that, following this study and a subregional meeting convened by the ILO in Trinidad on the prevention and elimination of the worst forms of child labour, the Ministry of Labour and Social Security and its stakeholders agreed to adopt a common instrument containing indicators on specific information on the worst forms of child labour. The Committee notes that, according to the Government, a draft instrument is currently being developed which all agencies interested would use starting from June 2002. It further notes the Government’s statement that the Ministry plans to hold a meeting which will specifically target the Community Development Division, the police department, the Probation Department and the Child Care Board in order to ascertain how the Ministry can address the issue of the worst forms of child labour at the community level. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados is a party to the World Declaration on the Survival, Protection and Development of Children and prepared a National Plan of Action which, among other subjects, include: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. This plan of action was prepared by a committee of eminent local persons and will be examined with a view to planning and implementing programmes in the best interests of children in Barbados. The Committee asks the Government to provide information on the action programmes implemented as a result of the rapid assessment study of 2002 in order to eliminate the worst forms of child labour. It also asks the Government to provide a copy of the National Plan of Action and to provide information on the results achieved through its implementation.

Article 7, paragraph 1. Penalties. The Committee notes that section 33 of the Offences against the Person Act states that anyone who buys or disposes of person as a slave shall be liable to imprisonment for life. It notes that, by virtue of section 34, unlawful compulsory labour is punishable with imprisonment for a term of six months. The Committee notes that, according to the Sexual Offences Act, anyone who procures another person to prostitution, to become an inmate of a brothel, or detains him/her in any brothel, is liable to imprisonment for 15 years. According to section 18 of this Act, anyone who keeps, manages or assists in the management of a brothel, or, being the owner, occupier, lessor or landlord, permits the premises to be used as a brothel, is liable to imprisonment for a term of five years or to a fine of $5,000 (US$2,525.25) or to both. The Committee notes that, according to section 9 of the Protection of Children Act, a person who is convicted of an offence related to pornography regarding children, is liable to imprisonment for a term of five years, or on summary conviction to a term of two years. The Committee notes that, by virtue of the Drug Abuse (Prevention and Control) Act, the offences of employing, hiring or using children or young persons in the drug trade (section 22); supplying a controlled drug to a child or young person employed or hired in the drug trade (section 23); having possession of a controlled drug in or within a radius of 100 yards of school premises (section 21), are punishable, on summary conviction, to a fine of $250,000 and imprisonment for seven years and, on indictment, to imprisonment for life. The Committee also notes that the Employment (Miscellaneous provisions) Act, under section 15 states that, any employer who employs any person in contravention of this Act is liable to a fine not exceeding $1,000 (approximately US$505) or imprisonment for a term not exceeding 12 months or both. It also notes that section 20 of the Act imposes a penalty of an amount not exceeding $100 (approximately US$50.51) or imprisonment for a term of three months or both, on a parent of a child, or a person liable to maintain a child or having custody of a child, if he/she wilfully neglects, or fails to exercise due care over such child or conduces to the offence of taking a child into employment contrary to this Act. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Paragraph 2. Effective and time-bound measures. Clause (a). To prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to section 52(1) of the Education Act of 1981 and section 2 of the Education (Amendment) Act of 1995, education is free and compulsory in Barbados from the age of 5 to 16 years and school attendance is strictly enforced. It notes that section 41 of the Education Act provides that the parents of every child of compulsory school age shall ensure that the child receives full-time education suitable to his age and ability by regular attendance to a public or private school. Section 43, as amended by the Education (Amendment) Act of 1990, states that school attendance officers shall ensure that children of compulsory school age receive full-time education through: inquires, investigations, inspections, assistance, counselling and contacts with other social service agencies which could facilitate the child’s return to school. The Committee notes that, according to section 53 of the Education Act, the Minister may, for the purposes of ascertaining which children of compulsory school age require special educational treatment, carry out such investigation as he considers necessary, and provide for the education of any child requiring special educational treatment.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that the Child Care Board Act of 1981 empowers the Child Care Board to: provide and maintain childcare centres for children in need of care and protection; provide counselling and other services for children in need of care and protection and for their parents and guardians; place children in foster care and supervise foster children and foster parents; register, license and regulate private day-care services. The Committee notes that, by virtue of the Child Care Board Act (section 13 and 14) and the Child Care Board Regulations of 1986 (section 7), the Child Care Board is empowered to inspect the centres at any reasonable time. The Committee notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45) that the Child Care Board works with public and private sector agencies and individuals. According to the same source, when cases of suspected child abuse are reported to the Child Care Board and it finds, upon investigation, the children at risk, the Board may remove them to a place of safety. The Committee notes that, according to the Barbados Regional Governmental Congress on Sexual Exploitation of Children, the Child Care Board has engaged in education programmes to increase public awareness and to sensitize the general public to the problems of child abuse. In particular, the Child Care Board, in collaboration with the Ministry of Education, embarked on a pilot project called: "Empowering the child in matters of child abuse". This project primarily involved 100 primary-school children between 7 and 11 years and it was aimed at educating children on child abuse prevention methods: assisting children in understanding their bodies; teaching them the concept of a "good and a bad touch" and how to use the referral system and resources available in the community. According to the Regional Governmental Congress, more than 800 children have benefited from participating in this project. The Committee notes that, according to the same source, a child abuse register was started during 1983-84 to keep a record of cases referred to the Department and to monitor trends in the area of child abuse. Statistics reveal that children as young as 9 years old are engaging in sexual activity and there is parental acceptance of this behaviour, as some financial gain is the result of these exploits. The Committee also notes that, according to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 21), Parent Education for Development in Barbados (PAREDOS) emphasizes parents’ education during one month each year. The Committee notes that, according to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 208), the Ministry of Education has developed a policy statement for schools on alcohol, tobacco, narcotics and other controlled drugs. This policy includes a set of guidelines for principals particularly where there is suspicion that students on school premises are perhaps carrying or involved with controlled drugs. The Committee further notes 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 asks the Government to provide information on the implementation, the findings and measures taken to give effect to the abovementioned programmes. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests 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.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee notes that, according to the ILO rapid assessment study, the country’s HIV/AIDS status is of special importance to this study because of the risks associated with the sexual exploitation of children and the impact of the pandemic on the family. Children under 18 years may be orphaned, experience a lower quality of life or may have to work to supplement family income when parents are ill and unable to work. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

The Committee requests the Government to supply specific information in relation to its efforts and concrete action taken according to Article 7(2)(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour, with particular regard to the effective and time-bound measures taken to take account of the special situation of girls.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Labour Department is the competent authority designated for the implementation of the provisions giving effect to the Convention.

Paragraph 8. Enhanced international cooperation and/or assistance. The Committee notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 10) that the responsibility for policy on matters relating to children does not rest exclusively with one government ministry or department. According to this source, there is a considerable collaboration among relevant departments and between government departments, international organizations and non-governmental agencies, such as UNICEF, PAHO, WHO, Parent Education for Development in Barbados (PAREDOS) and National Children’s Home (NCH) Action for Children. The Committee asks the Government to provide further information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Parts IV and V of the report form. The Committee notes the Government’s statement that poverty is considered one of the main causes of child labour. It also notes that, according to the rapid assessment on the situation of children in the worst forms of child labour in a tourism economy established by ILO in 2002, from a consultation with 126 persons, there were 104 reports (84 per cent) of children engaged in economic activities. Of these, 54 reports (52 per cent) were engaged in activities suggestive of the worst forms of child labour in both tourism and non-tourism sectors. Of these 54 reports, 83 per cent involved locals and 17 per cent were related to tourism. With regard to activities with locals, prostitution and pornography accounted for 51 per cent; illicit activities 27 per cent; hazardous work 13 per cent; "slavery/bondage" 9 per cent. The majority of reports of children’s involvement in prostitution and pornography involved schoolgirls under 14 years, in relationship with older men for gain and some were as young as 11-12 years. Children’s involvement in drug-related activities was also reported: boys working as "lookouts" for drug peddlers and traffickers; young males under 16 years selling drugs "on the block" to support their family and boys aged 13-14 years selling drugs at school. There were also reports of boys staying away from school to gamble. According to the same source, six of the 56 economic activities reported (11 per cent) were considered hazardous; working long hours for family members also emerged as potentially hazardous work for children, which was difficult to monitor. The Committee requests the Government to give a general appreciation on the manner in which the Convention is applied in Barbados and any practical difficulties encountered in the application of the Convention or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee also requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide 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 penal sanctions. To the extent possible, all information provided should be disaggregated by sex.