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

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Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children. Monitoring mechanisms and penalties. In response to the Committee request for information on the application in practice of the Trafficking in Persons (Prevention and Suppression) Act of 2008, the Committee takes due note of the Government’s information, in its report, on the one case of trafficking detected and prosecuted since 2018 that involved children, more specifically two 16-year-old girls forced into trafficking for sexual exploitation, and for which one perpetrator was convicted and the other’s trial is still ongoing. The Committee requests the Government to continue and strengthen its efforts to ensure the effective investigation, prosecution, and conviction of perpetrators of child trafficking for sexual and labour exploitation. It requests the Government to continue providing information in this regard, in particular on the number of cases of trafficking of children identified, the investigations carried out, prosecutions and convictions made, and penalties applied with regard to the trafficking of children under the age of 18 years.

Article 6. Programmes of action.National action plan to combat trafficking in persons. The Committee notes the Government’s indication that information on the finalization of the national action plan to combat trafficking in persons is not currently available, but that it is making efforts to eradicate human trafficking. In particular, the Committee takes note of the creation of the Trafficking in Persons Secretariat, as well as of the training and awareness campaigns, and victim protection and recovery services. The Committee requests the Government to provide information on the specific impacts of the strategies adopted and measures taken to combat child trafficking. It once again requests the Government to provide information on the progress made in the adoption and implementation of the national action plan to combat trafficking in persons.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s indication that, due to the COVID-19 pandemic, it has had to adapt to the virtual online learning model brought on by the pandemic and launched strategies to address pandemic-related learning loss and redevelop curricula. The Government indicates, therefore, that there are no reports thus far on the implementation of the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. However, efforts are being made to create an annual report that will reflect the new developments achieved through the INSPIRE programme. The Committee requests the Government to continue to provide information the measures taken to ensure that all children have access to free basic education. It once again requests the Government to provide information on the implementation of the INSPIRE programme, and the results achieved in terms of the number of children who have benefited from this programme, the increase in the school enrolment rates at primary and secondary levels and the possible achievement of universal education.

Clause (d).Children at special risk. Haitian migrant children. In response to the Committee’s previous comment regarding the fact that Haitian migrants in the Bahamas remain a distinct and separate community, generally living in poorer conditions, and whose children are particularly vulnerable to the worst forms of child labour, the Government indicates that measures are taken to ensure the protection of all nationalities, regardless of immigration status. In this regard, the Government indicates that it provides free education to Haitian migrants, as well as free health care to migrant children. Indeed, the Committee takes due note that, according to the Bahamas 2019 Human Rights Report, communicated by the Government with its report, the Bahamas repealed its policy of barring children without legal status from public school in 2017. However, the same report reveals that community activists have alleged the continued discrimination of some schools that falsely claim to be full in order to avoid having to admit children of Haitian descent. Noting that migrant children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue taking measures to prevent these children from becoming victims of the worst forms of child labour, and to provide information on the results achieved.