Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Bahamas (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

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 noted that subsections (a), (c) and (d) of section 7 of the Sexual Offences and Domestic Violence Act only prohibit the trafficking of persons for the purpose of sexual exploitation. It urged the Government to take immediate measures to prohibit the sale and trafficking of children under 18 for labour exploitation, and to adopt sufficiently effective and dissuasive penalties.

The Committee notes with satisfaction that the Bahamas enacted the Trafficking in Persons (Prevention and Suppression) Act in 2008 (Trafficking in Persons Act). The Committee notes that according to section 3(4) of the Trafficking in Persons Act, a person who recruits, transports, transfers, harbours or receives a child under the age of 18 years for the purpose of exploitation (which includes commercial sexual exploitation, forced labour, practices similar to slavery and servitude (section 2)), commits the offence of trafficking in persons. The Committee also notes that according to section 8(1)(c) of the Trafficking in Persons Act, trafficking of persons under the age of 18 years constitutes an aggravating circumstance giving rise to imprisonment for up to ten years. The Committee notes from the Report of the Special Rapporteur of the United Nations Human Rights Council on trafficking in persons, especially women and children of 5 June 2014 (Report of the Special Rapporteur) that girls, mainly from the Dominican Republic, Jamaica and Haiti are trafficked to the Bahamas for commercial sexual exploitation. The Committee finally notes that the Committee on the Elimination of All forms of Discrimination Against Women (CEDAW), in its concluding observations of August 2012, expressed concern at the absence of effective implementation of the Trafficking in Persons Act and the absence of cases brought before the court since the Act came into force (CEDAW/C/BHS/CO/1-5, paragraph 25(a)). The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act, 2008, in particular in ensuring that thorough investigation and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Dangerous Drugs Act does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It requested the Government to take immediate and effective measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and to adopt sufficiently effective and dissuasive sanctions.

The Committee notes the absence of information in the Government’s report on this point. It notes from the document on the National Anti-Drug Strategy 2012–16 that for more than four decades, drug abuse and illicit trafficking has been of grave concern to the Bahamas and that the illicit trafficking of drugs into and through the Bahamas is a constant and ongoing challenge for the country. The Committee requests the Government to take the necessary measures without delay to ensure the prohibition of the use, procuring or offering of a child under the age of 18 years for illicit activities, including the production and trafficking of drugs and to adopt appropriate penalties. It requests the Government to provide information on any progress made in this regard.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Trafficking. The Committee notes the information contained in the Government’s reply of 11 June 2014 to the report of the Special Rapporteur that the Trafficking in Persons Inter-Ministry Committee and the National Task Force are responsible for coordinating and implementing the activities aimed at preventing trafficking in persons, including issues ranging from identification of victims of trafficking to prosecution of alleged traffickers and the Royal Bahamas Police Force (RBPF) is responsible for investigating trafficking in persons cases. The Committee also notes from the Report of the Special Rapporteur that the RBPF have included a training module for newly enlisted personnel, which includes awareness on trafficking in persons, identification of victims and potential victims. According to this report, more than 240 service personnel have received such training. The Committee requests the Government to provide information on the number of cases of trafficking of children identified by the RBPF, investigations carried out, prosecutions and penalties applied. It also requests the Government to provide information on the activities undertaken by the Inter-Ministry Committee and the National Task Force to combat the trafficking of children and the results achieved.

Article 6. Programmes of action. National action plan to combat trafficking in persons. The Committee notes from the Report of the Special Rapporteur that a national action plan to combat trafficking in persons which is focused on prevention and assistance is being finalized. The Committee expresses the hope that the national action plan to combat trafficking in persons will be adopted and implemented in the near future. It requests the Government to provide information on the progress made in this regard. It also requests the Government to provide information on its impact on the elimination of the trafficking of children under 18 years for labour or sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child sex tourism. The Committee previously noted that children who are engaged in certain activities related to tourism are at risk of being involved in the worst forms of child labour, such as commercial sexual exploitation.

The Committee notes that, in its concluding observations, the CEDAW expressed concern at the number of children involved in prostitution and child pornography and the lack of awareness-raising activities among the actors directly related to the tourism industry about children, and particularly girls, engaged in certain activities related to tourism who are at risk of becoming involved in commercial sexual exploitation (CEDAW/C/BHS/CO/1-5, paragraph 25(c)). Noting the absence of information in the Government’s report, the Committee requests the Government to take effective and time-bound measures to protect children, particularly girls, from becoming victims of commercial sexual exploitation in the tourism sector. It also requests the Government to take measures to raise the awareness of the actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers, as well as owners of bars and restaurants and their employees, on the subject of commercial sexual exploitation. The Committee requests the Government to provide information on the measures taken in this regard and the results achieved.

Application of the Convention in practice. The Committee notes that the Government’s report does not contain any information on this point. Considering that there does not appear to be a mechanism of review of the national child labour situation in the Bahamas, the Committee urges the Government to take the necessary measures to determine the magnitude of child labour in the country and, in particular, the worst forms of child labour. The Committee once again requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour and the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.