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

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

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 observed that, although the Offences against the Persons Act prohibits the sale and trafficking of girls under the age of 18, boys under 18 years are not protected from sale and trafficking. The Committee reminded 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 is therefore prohibited for both boys and girls below 18 years of age. The Committee noted the Government’s information that section 10 of the Child Care and Protection Act (CCPA) contains provisions prohibiting the sale and trafficking of children (defined as a person under the age of 18 years), and provides for penalties of fines or imprisonment. However, the Committee notes that, under the final version of the CCPA, there are no longer provisions in place prohibiting the sale and trafficking of children. It therefore repeats its request to the Government to provide measures taken or envisaged to ensure that the sale and trafficking of boys and girls below 18 years of age is effectively prohibited.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously noted that the Offences against the Persons Act contains a number of provisions relating to the prohibition of procuring or offering a child for prostitution. However, it noted that most of the provisions of the Offences against the Persons Act apply only to women and girls. The Committee once again requests the Government to provide information on the steps taken or envisaged to ensure that all children, boys and girls, below 18 years of age are protected from the offences related to prostitution covered by the provisions of the Offences against the Persons Act.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 39(1) of the CCPA states that it constitutes an offence to employ a child in a nightclub, and further noted that section 39(4) provides for the offences of persons who knowingly rent or allow their premises to be used for the purposes of any conduct contrary to decency or morality. However, the Committee observed that there does not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child below 18 years of age for the production of pornography or pornographic performances. Noting the absence of information from the Government on this point, the Committee repeats its request to 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 pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities. Production and trafficking of drugs. In its previous comments, the Committee noted that the Dangerous Drugs Act of 1942, together with its amendment of 1994, prohibits and punishes: (a) the import, export and cultivation of raw opium and coca leaves and the import and export of prepared opium; (b) the manufacturing, sale and use of prepared opium, and export and import of ganja; (c) cultivating, selling or dealing in, or transporting or possessing ganja; and (d) importing, exporting, cultivating, selling, or dealing in or transporting cocaine. The Committee also noted that section 40 of the CCPA prohibits the sale of intoxicating liquor or tobacco products to children, as well as the employment of children in selling or in assisting in selling liquor or tobacco products. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties, does not appear to be specifically prohibited by the relevant Jamaican legislation, the Committee once again asks the Government to indicate the measures taken or envisaged to this end.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted the Government’s information that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include provisions prohibiting the employment of children in a few specific hazardous types of work. The Committee notes the Government’s statement that the determination of hazardous work is presently under consideration. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall 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). The Committee trusts that the list of the types of hazardous work will be adopted shortly, after consultations with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s statement that the Minister of Labour has established a National Steering Committee, composed of various stakeholders in the child sector, such as the Ministries of Labour, Health, National Security and Education, in order to provide for policy guidance. The Committee also noted that a Child Care Unit has been created within the Ministry of Labour with the scope of coordinating and monitoring activities related to child labour in Jamaica. Furthermore, it noted that, according to the Government’s report, the Occupational Safety and Health Bill will strengthen the powers of labour inspectors, who will be entitled to enter workplaces outside the formal workplace setting. Noting the absence of information from the Government on this point, the Committee once again requests it to provide further information on the functioning of the labour inspectorate, with particular reference to the Child Care Unit and the new system of inspection under the Occupational Safety and Health Bill.

Article 6. Programmes of action. In its previous comments, the Committee noted with interest the Government’s information that, under the Memorandum of Understanding signed with ILO/IPEC in September 2000, Jamaica agreed to collaborate in the implementation of a national country programme to progressively reduce and ultimately eliminate the worst forms of child labour. It also noted the Government’s statement that three rapid assessments were conducted in 2001, respectively: in the fishing communities of Rocky Point and Old Harbour; in the informal sector of Spanish Town; in the tourism sector of Montego Bay and Negril. It further noted the Government’s statement that three action programmes were implemented by the: (1) Children First; (2) Bureau of Women’s Affairs; and (3) Western Society for the Upliftment of Children in collaboration with the Sam Sharpe Teachers College. It also noted that, according to the Government’s report, a national survey has been conducted by the National Institute of Jamaica in order to determine the magnitude, nature, consequences and causes of child labour and to improve and enhance the database on child labour in Jamaica. In addition, an awareness-raising programme, using the campaign song “Let us try”, has been developed with the scope of creating public awareness on issues surrounding child labour. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide further information on the impact of the abovementioned programmes and the results achieved in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted with interest the Government’s information that a number of initiatives have been implemented in order to impact positively on the lives of Jamaican children. As part of that effort, more funds have been allocated to agencies with direct responsibility for children such as the: Programme for Advancement through Health and Education (PATH), providing for conditional health and educational grants for poor children aged 0-17 years; the Child Development Agency, which received funds under the GOJ/UNICEF programme aimed at providing policy advocacy, special care and protection of children; Possibility Programme, a multi-agency programme which provides for care, skills, employment and resocialization; initiatives of the NGO Environmental Foundation of Jamaica, including projects on childhood development, child awareness, advocacy and parenting skills; Learning for Earning Activity Programme (LEAP); other initiatives by both the Government and NGOs aimed at providing training and remedial education to 12 to 15-year old males. The Committee once again requests the Government to provide further information on the impact of the abovementioned programmes and initiatives, indicating in which manner they contribute to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of prostitution. In its previous comments, the Committee noted that a Rapid Assessment Study on the Situation of Children in Prostitution conducted by ILO/IPEC in November 2001 (hereafter RAS) reveals that, in all the seven locations surveyed, children between the ages of 10 and 18 years were exposed to prostitution, pornographic performances and other activities that adversely affected their health, safety and morals, classified as the worst forms of child labour. This study shows that the majority of children involved in such activities were girls, and that children involved in prostitution were found in many common locations, including homes, community areas, parks, sea walls, bus and taxi stands, major tourist centres, fishing beaches, school gates, fast food restaurants, go-go clubs, massage parlours and brothels. It was also noted that one of the causes of prostitution, in addition to poverty and failure of the education system, was the weak monitoring of existing laws. The Committee also noted that, in its Concluding Observations of 2003 (CRC/C/15/Add.210, paragraph 54), the Committee on the Rights of the Child expressed concern at the sexual exploitation and trafficking of children, including street children, and the lack of accurate data, laws and policies in this regard. It also noted that, according to the information available at the Office, it is reported that Jamaican women are usually trafficked abroad in order to work in the sex industry and there are a number of sex tourism facilities in Jamaica employing young girls. Noting the absence of information from the Government on this point, the Committee once again invites it to increase its efforts to improve the situation and to provide information on the effective and time-bound measures taken or envisaged to remove children from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. In its previous comments, the Committee noted that, according to the RAS, children working on the streets were among those who were the most exploited and abused. It also noted the Government’s statement that every effort is being made to address the needs of children at risk and that street and working children will benefit under the GOJ/UNICEF Programme of Agreement 2002-06. The Committee noted that the Possibility Programme – one of the major projects under the NPEP – is mainly aimed at providing the necessary resources and support for street children and vulnerable youths, developing a coordinated approach to the social and economic problems of street children, and stemming the flow of children on the streets. However, the Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation, as well as the lack of relevant data in this regard. Noting the absence of information on this point, the Committee once again asks the Government to provide more information on the abovementioned measures and their impact on protecting street children from the worst forms of child labour.

Part III of the report form. Implementation of the Convention. The Committee once again notes the information contained in the Government’s report that, to date, it has not become necessary for the courts and tribunals to give any decisions involving the application of the Convention. It asks the Government again to supply a copy of any court decision on breaches of legal provisions relevant to the application of the Convention, especially with regard to the Child Care and Protection Act of 2004.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes once again the Government’s statement that all attempts are being made to take the necessary measures to secure the progressive reduction and ultimately the elimination of the worst forms of child labour. The Committee repeats its request to the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports specifying the nature and extent of violations detected concerning children and young persons involved in the worst forms of child labour, 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, investigations, prosecutions, convictions and penalties applied.