Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

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. The Committee had previously noted the Government’s information that Trinidad and Tobago has no statutory provision to prohibit the sale and trafficking of children. It had 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 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. Noting that the Government’s report contains no information on this point, the Committee urges 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 as a matter of urgency.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s statement that the existing legislation deals with publication and dissemination of obscene materials, but does not contain specific provisions addressing child pornography. It notes the Government’s statement that there have been no changes in the legislation to date. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances as a matter of urgency.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee had previously noted that section 5(1) of the Children’s Act punishes the offence of procuring a child or young person to be in any street, premises or place for the purpose of begging or receiving alms. It had further noted that the Dangerous Drugs Act, No 38 of 1991, while providing penalties for the possession and trafficking of certain types of dangerous drugs, contains no specific provisions prohibiting the use, procuring or offering of children for the production and trafficking of drugs. The Committee notes the Government’s information that there have been no changes to this legislation to date. The Committee accordingly requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted 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 Occupation Safety and Health Act (OSHA)); work on dangerous machines (section 22 of the OHSA); lifting and carrying loads (section 32 of the Factories Act). It had noted the Government’s information that, based on the guidelines and framework provided by a National Seminar on Hazardous Occupations and Children, held in October 2004, the Factory Inspectorate Unit of the Ministry of Labour and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children. The Committee notes the Government’s information that the MOLMED has contracted the services of an attorney-at-law to review, inter alia, the list of the types of hazardous work put forward by the Factory Inspectorate Unit. The Committee hopes that the list of hazardous work to be prohibited to children under 18 years will be adopted soon 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.

Article 5. Monitoring mechanisms. The Committee had previously noted that the National Steering Committee (NSC) for the Prevention and Elimination of Child Labour in Trinidad and Tobago, composed of representatives of government, workers, employers and NGOs, is responsible for monitoring the implementation of the provision of this Convention. The NSC carried out various activities including the monitoring of the implementation of an ILO-funded project for the “Removal and Rehabilitation of Child Labourers in the Beetham and Forres Park Landfill Sites”, and the drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago. The Committee had also noted that the labour inspectors of the MOLMED participated in a Caribbean subregional training seminar for senior labour inspectors which would assist them in identifying cases of child labour in establishments. The Committee notes the Government’s information that the inspectors of the Occupational Safety and Health (OSH) Unit revealed that the worst forms of child labour as defined in Article 3 of the Convention have not been identified in the workplaces visited. Moreover, the OSH Unit did not receive any complaint regarding the worst forms of child labour and their records do not show any instance in which such cases were investigated. To the extent that clauses (a)–(c) of Article 3 of the Convention address offences of a criminal nature, the Committee requests the Government to indicate whether monitoring mechanisms which would complement the labour inspectorate, including the OSH Unit, have been implemented to ensure the application of these provisions of the Convention.

Article 6. Programmes of action. The Committee had previously noted that the NSC carried out 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”. The programme aimed at providing education, training, health and social services to working children and their families in the identified areas. It also aimed at encouraging children of these areas to remain in school, thereby preventing them from taking up work. The Committee had noted that, as a result of this programme, approximately 45 children who worked at the Beetham landfill were withdrawn from work and included in educational training programmes. The Committee notes the Government’s information that the National Family Services (NFS) division of the Ministry of Social Development collaborated with the ILO in this programme. The NFS division assisted some of the families identified in improving their standards of living and quality of life, through providing educational materials for children as well as social welfare grants, micro‑enterprise grants, counselling and referral services to some of the affected families. The Committee further notes that a revised National Plan of Action for Children (NPA) was drafted for the period 2006–10. The NPA examines four priority areas: promoting healthy lives; providing quality education; protecting children against abuse, exploitation and violence; and combating HIV/AIDS. Moreover, the third chapter of the NPA deals with the sexual exploitation of children, including trafficking and abduction, and the fifth chapter deals with the elimination and prevention of all forms of child labour and the rehabilitation and social integration of all children engaged in child labour. The Committee requests the Government to provide information on the implementation of the NPA as well as the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a) Prevent the engagement of children in the worst forms of child labour. Education. The Committee had previously noted that in Trinidad and Tobago education is compulsory until the age of 12 years and the Government provides for free primary and secondary education. Moreover, vocational training for young persons between the ages of 15 and 25 years who are out of school and unemployed is available in the Youth Training and Employment Partnership Programme (YTEPP) and the Youth Development and Apprenticeship Centres (YDAC). However, the Committee had noted that, according to the 2002 ILO Rapid Assessment Study, most children interviewed only obtained primary education. Moreover, according to the UNDP’s National Human Development Report of 2000, significant numbers of students dropped out from school. The Committee notes the Government’s information that the Ministry of Education has taken a preventive approach in the elimination of the worst forms of child labour. The Ministry recognizes the high correlation between schooling, education, social support and child labour. For this reason, it considers that providing education to children of low socio-economic status and to other disadvantaged children – who are most vulnerable to child labour – will greatly reduce the risk for these children to engage in child labour. The Committee also notes the Government’s information that the Ministry has adopted the following programmes and services aimed at preventing children at risk from being engaged in child labour:

(a)   the Special Education/Inclusive Education programme, aimed at providing special educational services for students with special education needs mainstreamed in regular schools as well as in special schools both public and private;

(b)   the Literacy Remediation/Alternative Education programme, designed to correct deficiencies among secondary school students in the areas of literacy and numeracy;

(c)   the Textbook Rental/Loan programme, to ensure that all students, particularly the disadvantaged, have affordable and equitable access to learning materials;

(d)   the School Transportation and School Nutrition programmes, aimed at ensuring that students are provided with adequate safe and reliable transportation to and from school and adequate meals;

(e)   the School Guidance and Counselling programme, aimed at providing various counselling and guidance services to all students; and

(f)    the School Social Work programme, aimed at providing social services to identified students and parents in need.

The Committee finally notes the Government’s statement that the Ministry of Education established a legislative review committee in October 2006 with the objective of producing a new Education Act. In this framework, the issue of increasing the age of compulsory education is being considered.

The Committee requests the Government to provide information on the output of the work of the legislative review committee concerning increasing the age of completion of compulsory schooling. It also requests the Government to provide information on the impact of these measures, including the eventual increase of the age of completion of compulsory schooling, on preventing school drop‑outs and increasing school attendance rates. It finally requests the Government to provide updated statistical information on school attendance and drop‑out rates.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted 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 had further noted that a national survey on youth activity was planned for implementation in 2006, which was expected to provide some of the critical data lacking before. The Committee notes the Government’s statement that the inspectors of the OSH Unit revealed that the worst forms of child labour have not been identified in the workplaces visited. Moreover, according to the Ministry of National Security’s records, there have not been many reports of offences pertaining to the employment of children. The Committee requests the Government to provide a copy of the youth activity survey as soon at it has been realized. It also requests the Government to continue to provide information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed in application of the Convention.