Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 that the Ministry of Labour and Small and Micro-Enterprise Development proposed to undertake a programme for the prevention and elimination of child labour. The Government indicated that the first phase of this programme would involve the re-establishment of the National Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NCPECL) and the finalization of the draft policy and plan of action on the prevention and the elimination of child labour.

The Committee notes the Government’s information that a National Strategic Plan for Child Development 2012–16 was adopted which identifies five key national priorities, including securing a nurturing environment for all children and protecting them from all forms of abuse, discrimination and exploitation. However, the Government provides no information on the progress made in adopting a plan of action on child labour and establishing the NCPECL. The Committee urges 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 once again requests the Government to provide a copy of this policy and plan of action, once completed. The Committee also requests the Government to provide information on the National Strategic Plan for Child Development in terms of its impact on the abolition of child labour.

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 was 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). The Committee noted the Government’s statement that the draft of the Children’s Bill included amendments to the Education Act. In this regard, the Committee noted that the draft Children’s Bill sought to amend section 76(1) of the Education Act to define the compulsory schooling age as between the ages of 5 and 16 years.

The Committee notes with interest that Schedule 3 of the Children Act, 2012, provides that section 76(1) of the Education Act will be amended so as to raise the age of completion of compulsory education to 16, in line with the age of admission to employment or work. The Committee also notes the Government’s indication that the Children Act, 2012, including this amendment, will only become effective once it is proclaimed on the date fixed by the President, in accordance with section 1(2) of the Act. The Committee therefore requests the Government to take the necessary measures to ensure that the Children Act, 2012, is proclaimed in the near future. It requests the Government to provide information on the progress made in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted the Government’s statement that work had begun to create a list of hazardous occupations. It also noted the Government’s statement that a governmental delegation attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. It noted that the report of this delegation contained recommendations to assist in the development of a list of occupations deemed hazardous.

The Committee notes that the Government provides no information on this point in its report. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee once again 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.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information in the report of the International Trade Union Confederation (ITUC) to 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), that there were 6,000 registered working children in the country. This report also indicated that illegal child labour occurred mainly in the agricultural sector. The Committee therefore requested 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 notes the Government’s indication that no comprehensive survey was undertaken on the number of child labourers in Trinidad and Tobago. The Committee encourages the Government to take measures to ensure that sufficient data on the situation of working children in Trinidad and Tobago is made available, such as information on the number of children working below the minimum age, and the nature, scope and trends of their work. It requests the Government to provide this information when it becomes available.