Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Barbados (Ratification: 2000)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Collaboration between inspection services and law enforcement officials. The Committee previously noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years were being abused in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and indicated that the inspection and monitoring systems should be strengthened. The Government recognized the need for greater collaboration between the police and the Labour Department, and stated that consideration was being given to having labour officers visit areas such as red-light districts with the necessary support from law enforcement officials. The Committee also noted the Government’s indications that a National Task Force on the Prevention of Trafficking in Persons was established to coordinate the Government’s response to prevention, detection and prosecutions in cases of child trafficking. However, no written protocol was developed yet to facilitate inter-agency operations.

The Committee notes the Government’s information in its report that procurement for prostitution and pornography are currently outside the purview of the Labour Department, and no specific action was taken to visit red-light districts. The Government indicates, however, that following the enactment of the Trafficking in Persons Prevention Act 2016-9, a National Task Force consisting of different agencies is in place. The Government also states that national agencies carry out their work in law enforcement in areas under their mandate and collaborate as necessary. Referring to paragraph 626 of its General Survey on the fundamental Conventions of 2012, the Committee observes that, due to the multidimensional nature of the worst forms of child labour, several different monitoring institutions play an important role in this regard. The Committee considers that collaboration and information sharing between these various institutions is essential for preventing and combating worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to improve the cooperation between different national agencies in this regard. It also requests the Government to provide detailed information on the activities carried out by the labour administration, the law enforcement agencies and the National Task Force in relation to their cooperation to eliminate the worst forms of child labour, as well as on any results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of trafficking. The Committee previously noted that, pursuant to section 13(3) of the Transnational Organized Crime (Prevention and Control) Act of 2011, a person who is convicted of trafficking may be ordered to pay restitution to the victim and that this restitution may include (pursuant to section 13(4)) costs of medical and psychological treatment as well as costs of rehabilitation. The Government stated that in 2013, there was one case involving child trafficking, while there was no record of any victim of trafficking being provided with restitution in the form of costs for medical and psychological treatment as well as rehabilitation.

The Committee notes that, pursuant to section 11 of the Trafficking in Persons Prevention Act 2016-9 (repealing the Transnational Organized Crime (Prevention and Control) Act of 2011), the court may order the convict to pay restitution to the victim. Moreover, a victim of trafficking who is not a national of Barbados and his/her accompanying dependent children may be allowed to stay in Barbados for a certain period, and receive benefits such as housing, safe shelter, education and training opportunities, psychological counselling, medical service and legal assistance (section 18). Special consideration shall be given to a child victim in a manner that is in the child’s best interests and appropriate to the situation (section 21). The Government indicates that, to date, the Labour Department has no information on the implementation of the Act in practice since its entry into force. The Committee notes that, in its concluding observations of 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) was particularly concerned about the lack of information on the support and rehabilitation services and specialized shelters available to victims of trafficking. The Committee therefore requests the Government to provide information on the application in practice of sections 11, 18 and 21 of the Trafficking in Persons Prevention Act 2016-9, particularly regarding any child victims of trafficking who have received restitution from perpetrators and assistance for their rehabilitation and social integration.

Application of the Convention in practice. The Committee previously noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. The Committee observed that the last study conducted on this subject in Barbados was in 2002, which found the presence of several of the worst forms of child labour. The Government had not been able to gather any data on the nature and trends of the worst forms of child labour since then.

The Committee notes the Government’s information that no instances of child labour have been detected as a result of inspection activities by the Labour Department. The Committee also notes that, in its concluding observations of 2017, the CRC was concerned about the lack of data on the extent of child labour, as well as at the weak mechanism of child labour inspection (CRC/C7/BRB/CO/2, paragraph 57). Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee requests the Government to strengthen its efforts to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Barbados, is made available in the near future. To the extent possible, all information provided should be disaggregated by gender and age.