Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Trinidad and Tobago (Ratification: 2004)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s indication that a draft national policy on child labour had been developed, and that a plan of action would subsequently be elaborated.

The Committee notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Ministry of Labour and Small and Micro Enterprise Development (MLSMED) proposes to undertake a programme for the prevention and elimination of child labour. The Government indicates in this report that the first phase of this programme will involve the re-establishment of the National Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago and the finalization of the draft policy and plan of action on the prevention and the elimination of child labour. The Committee encourages the Government to pursue its efforts to undertake a programme for the prevention and elimination of child labour and to finalize a policy and plan of action on the prevention and the elimination of child labour. It requests the Government to provide a copy of the policy and plan of action on the prevention and the elimination of child labour, once completed.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, pursuant to section 76(1) of the Education Act of 1966, the compulsory school age is defined as between the ages of 6 and 12 years. The Committee emphasized the desirability of linking the age of completion of compulsory schooling to the age of admission to employment (16 years). In this regard, the Committee noted the Government’s statement that action was ongoing to raise the age of compulsory schooling to 16 years and that the Ministry of Education was preparing a policy document to support this position.

The Committee notes the Government’s statement that the current draft of the Children’s Bill includes amendments to the Education Act. In this regard, the Committee notes that the draft Children’s Bill seeks to amend section 76(1) of the Education Act to define the compulsory schooling age as between the ages of 5 and 16. In this regard, the Committee notes that the International Trade Union Confederation (ITUC), in a report for the World Trade Organization General Council on the Trade Policies of Trinidad and Tobago of 7 and 9 March 2012 entitled “Internationally recognized core labour standards in Trinidad and Tobago” (ITUC report), indicates that the current age of completion of compulsory education renders children between 12 and 16 vulnerable to child labour, as they are free to stop education but may not to be admitted to legal work. The Committee therefore urges the Government to take the necessary measures to ensure the adoption of the Children’s Bill, to raise the age of completion of compulsory schooling to 16 years, in line with the minimum age for admission to work. It requests the Government to provide a copy of the Children’s Bill, once adopted.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that a National Seminar on Hazardous Occupations and Children was held in 2004 and that the Factory Inspectorate Unit of the MLSMED was developing a list of occupations deemed hazardous to children based on recommendations from this seminar.

The Committee notes the Government’s statement that work has begun to create a list of types of hazardous work. The Government indicates that a delegation attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Government indicates that the report of the Government’s delegation to this workshop should contain recommendations to assist in the development of a list of occupations deemed hazardous. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that, according to section 91(1) of the Children Act of 1925, as amended by Act No. 3 of 2007, children under 16 years of age may be employed in an undertaking in which only members of their family are employed. It noted the Government’s statement that section 91 of the Children Act was intended to invoke the exclusion in Article 4(1) of the Convention. The Government indicated that the reason for this exclusion is a belief that families will take care of their children, and that such work is positive to a child’s emotional, physical and mental growth, given that it does not affect their health and development or interfere with their education. The Committee requested the Government to provide information on the position of its law and practice in respect of children employed in undertakings in which only members of their families are employed.

The Committee notes the statement in the Government’s report that in practice, the labour inspectorate stringently enforces the provision that children under the age of 16 may only work in family enterprises. The Government states that labour inspectors check to ensure that enterprises where children under the minimum age are engaged in work are indeed family enterprises.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that, following the recommendations from the 2011 ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries, a youth activity survey is envisaged during 2012 and 2013. The Committee also notes the Government’s statement that 331 child workers under the age of 15 years of age were detected through the Central Statistical Office’s Continuous Sample Survey of the Population of 2009. The Government indicates that 66 per cent of such child workers were employed as craft and related workers, while the remaining 23 per cent of children were found to be working in the construction and service industries.

The Committee notes the information in the ITUC report of 2012 that there are 6,000 registered working children in the country. This report also indicates that illegal child labour occurs mainly in the agricultural sector. The Committee therefore requests the Government to provide information on the measures taken or envisaged to combat child labour in the agricultural sector, and on the results achieved. The Committee also requests the Government to provide information from the youth activity survey, once completed. It also requests the Government to continue to provide information on the application of the Convention in practice, such as statistical data on the employment of children and young persons (including those under the minimum age of 16), particularly with regard to children engaged in crafts and related types of work.