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

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Jamaica (Ratificación : 2003)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the information contained in the Government’s report that section 10 of the Child Care and Protection Act (CCPA) contains provisions prohibiting the sale and trafficking of children and provides for penalties of fines or imprisonment. It notes that section 58(1)(c) and (d) of the Offences Against the Persons Act provides that any person who procures or attempts to procure any woman or girl: (c) to leave this island, with intent that she shall become a prostitute, or an inmate of, or frequent a brothel elsewhere; or (d) to leave her usual place of abode in this island (such place not being a brothel) with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel within or without this island, shall be guilty of a misdemeanour. The Committee notes that section 60 punishes as an offence the abduction of an unmarried girl under 18 years of age with intent to be carnally known by any man; section 61 states that anyone who unlawfully detains any woman or girl: (a) in or upon such premises with intent that she may be unlawfully and carnally known by any man; (b) in any brothel, shall be guilty of misdemeanour. The Committee observes that, under the Offences Against the Persons Act, boys under 18 years of age are not protected from sale and trafficking. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and is therefore prohibited for both boys and girls below 18 years of age. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that the sale and trafficking of boys and girls below 18 years of age is effectively prohibited. The Committee also requests the Government to provide a copy of the CCPA.

2. Slavery and forced labour. The Committee notes that section 70 of the Offences Against the Persons Act states that any person who kidnaps another person of any age, with intent to hold him against his will for ransom, or to cause him to be unlawfully sent or transported out of Jamaica against his will, or to hold him for service against his will shall be liable to imprisonment for life.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes that the Offences Against the Persons Act contains a number of provisions relating to the prohibition of procuring or offering a child for prostitution. Section 45 punishes anyone who by fraudulent means procures any woman or girl below 18 years of age to have illicit carnal connection with any man. Section 58(1) states that any person who procures or attempts to procure: (a) any girl or woman under 18 years of age, not being a common prostitute, or of known immoral character, to have unlawful carnal connection, either within or without the island, with any other person or persons; (b) any woman or girl to become, either within or without the island, a common prostitute, shall be guilty of a misdemeanour. Section 63 imposes penalties on any person who lives on the earnings of prostitution, including females proved to have, for the purposes of gain, exercised control, direction and influence on the movements of a prostitute. Section 66 sets out penalties of fines or imprisonment for a person who keeps, manages or assists in the management of a brothel. The Committee notes that most of the provisions of the Offences Against the Persons Act only apply to women and girls. The Committee requests the Government to provide information on the steps taken or envisaged to ensure that all children, boys and girls, below 18 years of age are protected from the offences related to prostitution covered by the provisions of the Offences Against the Persons Act.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 39(1) of the CCPA states that it constitutes an offence: (a) to employ a child in a nightclub; (b) to use in any manner a child for the purposes of any conduct contrary to decency or morality. It also notes that section 39(4) provides for the offences of persons who knowingly rent or allow their premises to be used for indecent and immoral purposes. However, the Committee observes that there does not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child below 18 years of age for the production of pornography or pornographic performances. It accordingly requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child below 18 years of age for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities. 1. Production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act of 1942, together with its amendment of 1994, prohibits and punishes: (a) the import, export and cultivation of raw opium and coca leaves and the import and export of prepared opium; (b) the manufacturing, sale and use of prepared opium, and export and import of ganja; (c) cultivating, selling or dealing in, or transporting or possessing ganja; and (d) importing, exporting, cultivating, selling, or dealing in or transporting or possessing cocaine. The Committee also notes that section 40 of the CCPA prohibits the sale of intoxicating liquor or tobacco products to children, as well as the employment of children in selling or in assisting in selling liquor or tobacco products. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, does not appear to be specifically prohibited by the relevant Jamaican legislation, the Committee asks the Government to indicate the measures taken or envisaged to this end.

2. Begging. The Committee notes that section 41 of the CCPA punishes any person who causes or procures any child to be in any street, premises or place for the purpose of begging or receiving alms.

Clause (d). Hazardous work. The Committee notes that section 34(3) of the CCPA states that: "no person shall employ a child: (a) in the performance of any work that is likely to be hazardous or to interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual or social development; or (b) in night work or an industrial undertaking". It also notes that the available text of the CCPA defines a "child" as a person under the age of 18 years. The Committee asks the Government to provide information on the definition of a child according to the text of the CCPA in force.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s statement that the determination of hazardous work is presently under consideration. It also notes the Government’s information that, mining, cigarette factories, manufacturing, construction, transportation of passengers and goods are intended to be examples of types of hazardous work to be prohibited to children according to section 34 of the CCPA. It also notes that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include provisions prohibiting the employment of children in a few specific hazardous types of work. However, the Committee notes that no list has been adopted determining the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, according to Article 3(d), of the Convention. The Committee accordingly draws the Government’s attention to Article 4, paragraph 1, of the Convention which states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of hazardous work. Noting the absence of information from the Government on this point, the Committee reminds the Government that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work so determined exist. The Committee accordingly requests the Government to provide information on the identification of types of hazardous work and on the consultations held with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Minister of Labour has established a National Steering Committee, composed of various stakeholders in the child sector, such as the Ministries of Labour, Health, National Security and Education, in order to provide for policy guidance. The Committee also notes that a Child Care Unit has been created within the Ministry of Labour with the scope of coordinating and monitoring activities related to child labour in Jamaica. It notes that section 23 of the Education Act entitles the Attendance Officers to make inspections in order to verify whether section 21 (compulsory education) and section 22 (school attendance orders) are being complied with. In addition, section 3 of the Labour Officers (Powers) Act of 1943, states that a Labour Officer may at all reasonable times enter upon any premises for the purpose of carrying out any inspections in order to ensure the proper observance of any enactment, including the Factories Act, the Apprenticeship Act and the Recruiting of Workers Act. The Committee notes that, according to the Government’s report, the Occupational Safety and Health Bill will strengthen the powers of Labour Inspectors, who will be entitled to enter workplaces outside the formal workplace setting. The Committee requests the Government to provide further information on the functioning of the labour inspectorate, with particular reference to the Child Care Unit and the new system of inspection under the Occupational Safety and Health Bill and to provide extracts of the inspection reports, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action. The Committee notes with interest the Government’s information that under the Memorandum of Understanding signed with ILO/IPEC in September 2000, Jamaica agreed to collaborate in the implementation of a national country programme to progressively reduce and ultimately eliminate the worst forms of child labour. It also notes the Government’s statement that three Rapid Assessments were conducted in 2001, respectively: in the Fishing Communities of Rocky Point and Old Harbour; in the Informal Sector of Spanish Town; in the Tourism Sector of Montego Bay and Negril. It further notes the Government’s statement that three Actions Programmes were implemented by: (1) Children First; (2) Bureau of Women’s Affairs; (3) Western Society for the Upliftment of Children in collaboration with the Sam Sharpe Teachers College. It also notes that, according to the Government’s report, a National Survey has been conducted by the National Institute of Jamaica, in order to determine the magnitude, nature, consequences and causes of child labour and to improve and enhance the database on child labour in Jamaica. In addition, an awareness-raising programme, using the campaign song "Let us try," has been developed with the scope of creating public awareness on issues surrounding child labour. The Committee requests the Government to provide further information of the impact of the abovementioned programmes and the results achieved in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Offences against Persons Act establishes penalties of imprisonment and fines for contravention of the provisions prohibiting sale and trafficking (sections 58(1)(c) and (d), 60 and 61) and prostitution (sections 58(1)(a) and (b), 63 and 66) of children under 18 years of age. It notes that section 36 of the CCPA establishes penalties of fines and imprisonment, or both imprisonment and fines, for breach of the provisions regarding the employment of children in hazardous work (section 34); the employment of children in nightclubs or their use for any indecent or immoral purpose (section 39) and begging (section 41).

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes with interest that, according to the Government’s report, a number of initiatives have been implemented in order to impact positively on the lives of Jamaican children. As a part of that effort, more funds have been allocated to agencies with direct responsibility for children, such as: the Programme for Advancement through Health and Education (PATH), providing for conditional health and educational grant for poor children aged 0-17 years; the Child Development Agency, which received funds under the GOJ/UNIFEC Programme, aimed at providing Policy Advocacy, Special Care and Protection of Children; the Possibility Programme, a multi-agency programme which provides for care, skills, employment and resocialization; the initiatives of the NGO Environmental Foundation of Jamaica, including projects on childhood development, child awareness, advocacy and parenting skills; the Learning for Earning Activity Programme (LEAP); other initiatives by both the Government and NGOs aimed at providing training and remedial education to 12-15 year-old males. The Committee requests the Government provide further information on the impact of the abovementioned programmes and initiatives, indicating in which manner they contribute to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of prostitution. The Committee notes that a Rapid Assessment Study on the Situation of Children in Prostitution conducted by ILO/IPEC in November 2001, reveals that, in all the seven locations surveyed, children between the ages of 10 and 18 years were exposed to prostitution, pornographic performances and other activities that adversely affected their health, safety and morals classified as the worst forms of child labour. This study shows that the majority of children involved in such activities were girls, and that children involved in prostitution were found in many common locations, including homes, community areas, parks, sea walls, bus and taxi stands, major tourist centres, fishing beaches, school gates, fast food restaurants, go-go clubs, massage parlours and brothels. It was also noticed that one of the causes of prostitution, in addition to poverty and failure of the education system, was the weak monitoring of existing laws. The Committee also notes that in its Concluding Observations of 2003 (CRC/C/15/Add.210; paragraph 54), the Committee on the Rights of the Child expressed concern at the sexual exploitation and trafficking of children, including street children, and the lack of accurate data, laws and policies in this regard. It also notes that, according to the information available at the Office, it is reported that Jamaican women are usually trafficked abroad in order to work in the sex industry and there are a number of sex tourism facilities in Jamaica employing young girls. Therefore, the Committee invites the Government to increase its efforts to improve the situation and to provide information on the effective and time-bound measures taken or envisaged to remove children from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street boys. The Committee notes that, according to a Rapid Assessment Study on the Situation of Children in Prostitution conducted by ILO/IPEC on November 2001, children working on the streets were among those who were most exploited and abused. It also notes the Government’s statement that every effort is being made to address the needs of children at risk and that street and working children will benefit under the GOJ/UNICEF Programme of Agreement 2002-06. It also notes that the Possibility Programme - one of the major projects under the NPEP - is mainly aimed at: providing the necessary resources and support for street children and vulnerable youths; developing a coordinated approach to the social and economic problems of street children; stemming the flow of children going on the streets. However, the Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation, as well as the lack of relevant data in this regard. The Committee asks the Government to provide more information on the abovementioned measures and their impact on protecting street children from the worst forms of child labour.

Article 7, paragraph 3. Authority responsible for implementation. The Committee notes the Government’s statement that the authorities designated to oversee the implementation of the provisions of the Convention are divided across the Ministries of Labour, Health, National Security and Education. The National Steering Committee on Child Labour supervises the process.

Article 8. 1. International cooperation. The Committee notes the Government’s information that Jamaica is supported by its international partners through various loans and grants. It also notes that, according to the Government, the Basic Needs Trust Fund programme is funded by the Canadian International Development Agency and that the GOJ/UK funded programmes contribute to support primary and secondary students, with a homework assistance programme, training programmes and remedial education for youth.

2. Poverty Reduction Programme. The Committee notes that in 1994 the Government of Jamaica, in consultation with the local private sector, NGOs, international agencies, and other communities groups, developed the "Jamaica’s Policy Towards Poverty Eradication" and the "National Poverty Eradication Programme" (NPEP), which are designed to address and improve the quality of life in poor families and communities. The Committee notes that, under the NPEP, the following programmes were initiated: (a) school feeding programme, with the scope of encouraging school attendance; (b) social and economic support programme, for students attending secondary and tertiary education; (c) basic schools, in order to promote early childhood care and education; (d) the Jamaica All Age School Project, aimed at assisting poor communities in finding employment and accessing higher levels of education; and (e) the Possibility Programme, aimed at providing the necessary resources and support for street children and vulnerable youths. The Committee asks the Government to provide information on any notable impact of the Jamaica’s Policy Towards Poverty Eradication and of the NPEP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the information contained in the Government’s report that, to date, it has not become necessary for the courts and tribunals to give any decisions involving the application of the Convention. It asks the Government to supply a copy of any court decision on breaches of legal provisions relevant to the application of the Convention, especially with regard to the Child Care and Protection Act of 2004.

Parts IV and V of the report form. The Committee notes the Government’s statement that all attempts are being made to take the necessary measures to secure the progressive reduction and ultimately the elimination of the worst forms of child labour. The Committee requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee 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.