Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s information that Trinidad and Tobago has no statutory provision to prohibit the sale and trafficking of children. It reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation and to adopt appropriate penalties.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s information that all forms of slavery or practices similar to slavery were abolished in Trinidad and Tobago in 1838. It also notes that article 4(a) of the Constitution guarantees the unequivocal rights of all citizens to “life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law”.

3. Forced recruitment of children for armed conflict. The Committee notes the Government’s information that section 19(2), Chapter 14:01, of the Defence Act provides that a recruiting officer shall not enlist a person under the age of 18 years unless consent to the enlistment has been given in writing by a parent, legal guardian, or from a person in whose care the person offering to enlist may be.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes the Government’s information that section 17(b) and (c) of the Sexual Offences Act, No. 27 of 1986, provides that a person who procures another for prostitution, either in Trinidad and Tobago or elsewhere, or procures another to become an inmate, or to frequent a brothel either in Trinidad and Tobago or elsewhere, is guilty of an offence. Moreover, sections 7 and 8 of the Children’s Act, Chapter 46:01, make it an offence for any person who is in charge of a child or young person (between 14 and 18 years of age) and allows that child or young person to frequent a brothel or encourages the seduction or prostitution of the child.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s information that Trinidad and Tobago has legislation dealing with publication and dissemination of obscene materials. However, there are no specific provisions addressing child pornography. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child below 18 years of age for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee notes that section 5(1) of the Children’s Act, Chapter 46:01, punishes any person who causes or procures a child or young person to be in any street, premises or place for the purpose of begging or receiving alms, or inducing the giving of alms. It notes that the Dangerous Drugs Act, No. 38 of 1991, provides penalties for the possession and trafficking of certain types of dangerous drugs for all persons but contains no specific provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee notes that, although some provisions exist in the relevant legislation which prohibit the employment of children under 18 years on types of hazardous work (section 32 of the Factories Act of 1948; sections 22 and 54 of the Occupational Safety and Health Act (OSHA) of 2004; section 90 of the Children’s Act), no general provisions appear to exist prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. In this regard, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. Accordingly, the Committee requests the Government to take the necessary measures to prohibit in national legislation persons under 18 years of age from performing any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals, in accordance with Article 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that some types of hazardous work are prohibited to young persons under 18 years, such as: night work (section 90 of the Children’s Act and section 54 of the OSHA); work on dangerous machines (section 22 of the OSHA); lifting and carrying loads (section 32 of the Factories Act). It notes the Government’s information that a National Seminar on Hazardous Occupations and Children was held jointly by the ILO Subregional Office for the Caribbean and the Ministry of Labour and Micro Enterprise Development (MOLMED) in October 2004. The Employers’ Consultative Association of Trinidad and Tobago, which is the most representative employers’ association, and the National Trade Union Centre for Trinidad and Tobago, which is the most representative trade union organization, participated in the seminar. Based on the guidelines and framework provided by the seminar, the Factory Inspectorate Unit of the MOLMED is currently developing a list of occupations deemed hazardous to children. The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will give due consideration to paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC) was established in accordance with Cabinet Minute No. 1347 of 19 May 2004, as a direct result of this country’s ratification of Convention No. 182. The NSC, which comprises representatives of government, workers, employers and NGOs, is responsible for monitoring the implementation of the provision of this Convention and coordinating the national efforts to address the problem of child labour. The NSC reports on an annual basis to the MOLMED. The Committee notes that the main activities with which the NSC has been involved during the period 2004-05 were: (a) monitoring the implementation of an ILO-funded project for the removal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites; (b) drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago; (c) hosting of activities, under the auspices of the MOLMED in observance of the World Day Against Child Labour, 2005. The Committee further notes the Government’s information that the labour inspectors of the MOLMED participated in a Caribbean subregional training seminar for senior labour inspectors in Jamaica in October 2002. It is expected that this training would assist inspectors in identifying cases of child labour in establishments.

The Committee requests the Government to continue providing information on the activities carried out by the NSC and their impact on the elimination of the worst forms of child labour. The Committee also requests the Government to provide information on the functioning of the labour inspectorate and to provide extracts of the inspection reports, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the Government’s information that a rapid assessment study was conducted by ILO in 2002 in Trinidad and Tobago to examine the situation of children in the worst forms of child labour in the following areas: prostitution and pornography; agriculture; domestic work; and scavenging. As a result of the study, it was identified that there was a prevalence of children scavenging in landfill sites. Therefore, the NSC has initiated in conjunction with the ILO Subregional Office for the Caribbean an intervention programme for the withdrawal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites, which is currently being implemented. The NGO, Young Men’s Christian Association (YMCA), is in charge of implementing the programme. The Committee notes the Government’s information that the aims of the project were identified as follows: (a) to provide education and training for children; (b) to provide them with health and other social services; (c) to encourage children to remain in school; (d) to prevent children from the impoverished communities surrounding the dumpsites from taking up work there; (e) to provide economic alternatives for the families and adolescents; (f) to heighten community awareness of the dangers of child labour; and (g) to implement an effective monitoring system that would combine a community monitoring network and a monitoring and tracking system. The Committee notes that, according to the evaluation report on the ILO project for the rehabilitation of child labourers on landfill sites in Beetham and Forres Park, the Forres Park component of the programme was abandoned and all the activities were carried out at the Beetham landfill site. As a result of the programme, approximately 45 children who worked at the Beetham landfill site were withdrawn from work and included in educational training programmes. Some difficulties encountered in carrying out the programme were underlined in the evaluation report, such as: no database available on child labourers; no proper instrument available to ensure children stay in school; no preventive measures in place for at risk children; poor project management. The Committee requests the Government to continue providing information on results attained under the programme for the withdrawal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 17 and 21 of the Sexual Offences Act and sections 7 and 8 of the Children’s Act establish effective and dissuasive penalties of imprisonment for contravention of the provisions prohibiting prostitution.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to education. The Committee notes the Government’s information that in Trinidad and Tobago education is compulsory until the age of 12 years. The Government provides for free primary and secondary education. As of January 2006, those who qualify for tertiary education will be able to pursue their studies at no cost to themselves. Additionally, vocational training is available in programmes such as the Youth Training and Employment Partnership Programme (YTEPP) and the Youth Development and Apprenticeship Centres (YADAC). The YTEPP and YADAC target young persons between the ages of 15 and 25 years who are out of school and unemployed, providing them with training opportunities. However, the Committee notes that, according to the 2002 ILO rapid assessment study, most children interviewed only obtained primary education. It also notes that, according to the UNDP’s National Human Development Report, 2000, significant numbers of students had dropped out from school. The figures indicated that, depending on the county of residence, 47.8 per cent and 63.6 per cent of the population was outside the education system. The Committee considers that education plays an important role in the elimination of the worst forms of child labour. It requests the Government to provide information on the measures taken to prevent school drop-outs, including through increasing the age of completion of compulsory schooling. It also requests the Government to provide statistical information on school attendance and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that, according to the draft National Policy for the Prevention and Elimination of Child labour in Trinidad and Tobago, one of the objectives of the National Policy is to create a well-coordinated system of social and economic support to children at risk and their families. For the achievement of this goal, it is firstly envisaged to conduct a survey of the extent and nature of child labour in Trinidad and Tobago and, secondly, to implement rehabilitation programmes for affected children, focusing on education, psychological and social services and vocational training. The Committee requests the Government to provide information on any measures taken to achieve these objectives and on results attained.

Part V of the report form. The Committee notes the Government’s information that the ILO rapid assessment study of 2002 found 42 individuals working as scavengers, 22 in agriculture, 17 in domestic work, and 12 in commercial sexual activity. It revealed that: (i) children involved in scavenging, domestic work and commercial sexual activity were exposed to harsh and dangerous situations; (ii) all child labourers, except those engaged in commercial sexual activity, worked long hours on a daily basis (more than eight hours a day) for minimal remuneration; (iii) children in scavenging were exposed to high risks of illness and physical injury. The Committee notes the Government’s information that the main challenges for implementation of this Convention faced thus far by Trinidad and Tobago are: (a) the lack of information on the nature, extent and other characteristics of child labour in this country; (b) the need for legislative amendment. In order to face these challenges, a national survey on youth activity is planned for implementation in 2006, which is expected to provide some of the critical data, which is currently lacking. Moreover, an assessment of the legislative implications of ratification of Convention No. 182 has been carried out in which the required amendments and additions to national legislation have been identified. The Committee requests the Government to continue providing information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply a copy of the survey on youth activity as soon as it is available. It finally requests the Government to supply copies or extracts from official documents, including inspection reports, studies and inquiries, and, where such statistics exist, 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 penalties applied.