Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Barbados (Ratificación : 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children under the age of 18 years. It had noted that, by virtue of section 35(3) of the Offences against the Person Act of 1994, it is an offence for any person to send away, carry away or cause or procure to be sent or carried away from Barbados a child under 16 years of age, for the purpose of employment in any other place without the knowledge of the parent or parents or the person having the care, charge or custody of that child. The Committee had requested the Government to indicate the measures taken or envisaged to prohibit the trafficking of children under 18 years of age for the purposes of sexual or labour exploitation, as well as the sanctions envisaged. The Committee notes the Government’s information that in 2004, a study was undertaken on the harmonization of legislation in Barbados with regard to child labour including its worst forms. The study makes some recommendations pertaining to relevant amendment of legislation which will be discussed with stakeholders before taking action. In this regard, the Committee reminds the Government that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It requests the Government to indicate whether the abovementioned study includes the issue of the sale and trafficking in children and, if so, to provide information on the measures taken to ensure that the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation is prohibited in the national legislation.

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that, according to section 8(1) of the Employment (Miscellaneous Provisions) Act, 1977 (as amended in 2001), no "young person" (defined as a person who has attained the age of 16 years but who has not attained the age of 18 years) may be employed in any industrial undertaking during the night or in any work which, by its nature or the circumstances in which it is done, is likely to cause injury to his health, safety or morals. However, it had noted that this Act does not contain a determination of the types of work likely to harm the health, safety or morals. The Committee had requested the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. The Committee notes the Government’s information that a subcommittee was launched in March 2005 to develop a list of dangerous work to be prohibited for children under 18 years of age. It notes that work is ongoing and it is hoped to finalize the list by the end of the year. In this regard, the Committee trusts that, in determining the types of work to be considered as hazardous, due consideration will be given to relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It asks the Government to provide a copy of the list of the types of hazardous work as soon as it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned. It notes the Government’s indication that this information cannot be supplied because the Ministry has only just started to develop a list of hazardous work. The Committee asks the Government to provide information in this regard as soon as the list of types of hazardous work has been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. Nevertheless, the Committee noted that, according to the "Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy" established by the ILO in December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate and that the establishment of a centralized database of reports across related sectors such as education, health, social services, probation, the police and justice system could provide better surveillance. The Committee had asked the Government to provide information on the inspections carried out by the labour officers and the Child Care Board regarding infringements of the national provisions giving effect to the Convention. The Committee notes the Government’s information that the National Child Labour Committee, which includes members of the employers’ and workers’ organizations, is the monitoring mechanism which implements the provisions giving effect to the Convention. It also notes that much of the work is carried out by its various subcommittees, which have the following responsibilities: education; harmonization of legislation; development of questionnaires on child economic activities; development of a list pertaining to hazardous work and child labour. The Committee asks the Government to provide further information on the functioning and accomplishments of the National Child Labour Committee and its subcommittees. It also requests the Government to provide information on the activities of the Child Care Board and labour officers, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that, in September 2002, the ILO conducted a rapid assessment study on child labour and its worst forms. It had also noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados prepared a National Plan of Action which, among other subjects, includes: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. The Committee had asked the Government to provide information on the action programmes implemented as a result of the rapid assessment study of 2002 in order to eliminate the worst forms of child labour. It also had asked the Government to provide a copy of the National Plan of Action and to provide information on the results achieved through its implementation. The Committee notes the Government’s indication that, in 2002, the Caribbean office of the ILO embarked on a project entitled "Identification, elimination and prevention of the worst forms of child labour in the Anglophone- and Dutch-speaking Caribbean". It also notes that Barbados was one of the countries selected for participation in this programme which aims to contribute to the elimination of the worst forms of child labour by undertaking policy-oriented research and awareness-raising activities. The Committee requests the Government to provide more detailed information on the achievements and impact of this programme on eliminating the worst forms of child labour. It also asks the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. The Committee notes the Government’s information that penal and other sanctions have not been applied. It requests the Government to continue providing information on the practical application of penalties laid down in the relevant provisions of the national legislation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(e), of the Convention. It once again requests the Government to provide detailed information on effective and time-bound measures to take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that, in March 2005, a concept paper on an education programme on child labour was finalized for selected interest groups, such as guidance counsellors, teachers, parents, children, media, law enforcement officers, community groups and church. The training includes the use of the ILO/IPEC SCREAM methodology, which aims to inform young people about the injustices that exist with the focus on child labour so that they in turn can speak out against child labour. The Committee requests the Government to continue to provide further information on the implementation of this educational programme.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted the Government’s indication that Barbados has engaged in a number of poverty alleviation programmes and that measures have been introduced to create an environment to support economic growth and development. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee had requested the Government to supply information on any notable impact of the poverty alleviation programmes introduced by the Government on removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes that the Government’s report contains no information on this point. It once again requests the Government to provide information on the implementation of the poverty alleviation programmes and on their impact on removing children from the worst forms of child labour and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee had previously noted that, according to the ILO rapid assessment study, the country’s HIV/AIDS status is of special importance to this study because of the risks associated with the sexual exploitation of children and the impact of the pandemic on the family. The Committee had requested the Government to provide information on measures envisaged or taken to address the situation of these children. The Committee notes the absence of information on this point. Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee once again asks the Government to provide information on effective and time-bound measures taken to address the situation of these children.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also notes the Government’s indication that at this stage Barbados is applying the Convention in a general way because of the lack of research data. The Committee therefore requests the Government to give a general appreciation on the manner in which the Convention is applied in Barbados, and any practical difficulties encountered in the application of the Convention. It also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.