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

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Previous comment

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.

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Previous comment

Article 4(1) of the Convention. 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 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, and direct assistance for their removal from the worst forms of child labour and for their rehabilitation and social integration. Child sex tourism. In response to the Committee’s previous comment noting the lack of awareness-raising activities among the actors directly related to the tourism industry in relation to children, and particularly girls, engaged in sexual exploitation in the tourism sector, the Committee notes the Government’s indication that the Ministry of Tourism has been given the mandate of disbursing training and information to prevent commercial sexual exploitation in the tourism sector. In particular, the Ministry of Tourism works with other governmental departments to raise awareness on human trafficking and, along with the Ministry of Immigration, monitors 29 ports of entry. Public awareness efforts are also currently being exercised through anti-trafficking campaigns by the use of posters at all ports of entry, conducting training sessions with Foreign Affairs, hotels, other tourism-related businesses, NGOs and the public in general. The Government further indicates that measures to ensure the detection, prevention and remediation of children engaged in child labour and its worst forms in the tourism sector are included in the 2021 National Policy for the Prevention and Elimination of Child Labour (NCLP). The Committee requests the Government to continue taking the necessary measures, including awareness-raising measures, to prevent the commercial sexual exploitation of children and to provide information on their impact. It also requests the Government to provide information on the number of child victims of sexual exploitation in the tourism sector who have been removed from this situation and given appropriate protection through rehabilitation and social integration measures.

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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(a) and 5 of the Convention. Sale and trafficking of children. Monitoring mechanisms. The Committee previously noted the provisions of the Trafficking in Persons (Prevention and Suppression) Act of 2008 (Trafficking in Persons Act) which provides that the trafficking of children under the age of 18 years for exploitation (which includes commercial sexual exploitation, forced labour, practices similar to slavery and servitude (section 2)), constitutes an aggravating circumstance giving rise to imprisonment for up to ten years (sections 3(4) and 8(1)(c)). It also noted from the Report of the Special Rapporteur of the United Nations Human Rights Council on trafficking in persons, especially women and children that girls, mainly from the Dominican Republic, Jamaica and Haiti are trafficked to the Bahamas for commercial sexual exploitation. Moreover, the Committee previously noted that the Committee on the Elimination of All forms of Discrimination Against Women (CEDAW) 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. The Committee further noted that the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the Royal Bahamas Police Force (RBPF) are the bodies responsible for coordinating and implementing the activities aimed at preventing trafficking in persons, including identification of victims of trafficking, investigation of cases and prosecution of alleged traffickers. The Committee requested the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act and to provide information on its application in practice. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of the provisions of the Trafficking in Persons Act prohibiting the trafficking of children under the age of 18 years for sexual and labour exploitation. It also requests the Government to provide statistical information on the number of cases of trafficking of children identified by the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the RBPF as well as the investigations carried out, prosecutions and convictions made, and penalties applied with regard to the trafficking of children under the age of 18 years.

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 of 2000 does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes that the Dangerous Drugs Act makes it an offence to cultivate, manufacture, import, export, trade, or supply any dangerous drugs (sections 3–12) and to supply dangerous drugs to a child or young person (section 22(4)). It also notes that according to section 29(5), any person who attempts to commit an offence against this Act or solicits or incites another person to commit any of the offences shall be punished.

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 6. Programmes of action. National action plan to combat trafficking in persons. The Committee previously noted that a national action plan to combat trafficking in persons which is focused on prevention and assistance was being finalized. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the adoption and implementation of the national action plan to combat trafficking in persons as well as its impact on the elimination of the trafficking of children under the age of 18 years for labour or sexual exploitation.

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 detailed information on the goals and focus of the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Accordingly, INSPIRE aims to implement targeted innovations that address the educational needs of Bahamian youth, including: (i) a relevant education and training system articulated at the secondary and post-secondary levels; (ii) improved quality and access to early education; and (iii) strengthened capacity in schools to accommodate children with special needs. The Committee notes with interest the Government’s indication that these innovations are expected to benefit on an annual basis approximately 38,000 secondary and post-secondary students, 12,000 preschoolers as well as several thousand students with special needs. The Committee requests the Government to continue 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 level and the possible achievement of universal education.

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. It also noted that CEDAW, in its concluding observations, 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 in relation to 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)). The Committee requested 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.

The Committee notes the absence of information in the Government’s report on this matter. The Committee notes, however, that according to the ILO publication entitled “Child Labour in the Bahamas – Key Findings from the Rapid Assessment, 2016” girls above 13 years are often instigated to the sex trade by caretakers and that boys from 12 years are increasingly involved in child prostitution. The Committee therefore urges the Government to take effective and time-bound measures to protect children under the age of 18 years 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.

Haitian migrant children. The Committee previously observed that there are special groups of children who are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. It also noted 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, that Haitian children working as domestic servants are vulnerable to exploitative work conditions. The Committee requested the Government to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee notes the Government’s statement that there are no Haitian children working as domestic servants in the Bahamas. It further states that the Bahamas aims to protect all children and that no child is denied opportunity to education. In this regard, the Committee notes the information available from the International Organization for Migration (IOM) that the Haitian nationals present in the Bahamas range roughly from 30,000 to 60,000 and that the majority of them are children up to the age of 14 years who apparently travel with a relative or parent. The information from the IOM further indicates that Haitian migrants largely remain a distinct and separate community generally living in poorer conditions. In this regard, the Committee recalls that migrant children are particularly vulnerable to the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures taken to ensure the protection of Haitian migrant children from the worst forms of child labour, including the measures guaranteeing their access to free basic education.

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Articles 3(a) and 5 of the Convention. Sale and trafficking of children. Monitoring mechanisms. The Committee previously noted the provisions of the Trafficking in Persons (Prevention and Suppression) Act of 2008 (Trafficking in Persons Act) which provides that the trafficking of children under the age of 18 years for exploitation (which includes commercial sexual exploitation, forced labour, practices similar to slavery and servitude (section 2)), constitutes an aggravating circumstance giving rise to imprisonment for up to ten years (sections 3(4) and 8(1)(c)). It also noted from the Report of the Special Rapporteur of the United Nations Human Rights Council on trafficking in persons, especially women and children that girls, mainly from the Dominican Republic, Jamaica and Haiti are trafficked to the Bahamas for commercial sexual exploitation. Moreover, the Committee previously noted that the Committee on the Elimination of All forms of Discrimination Against Women (CEDAW) 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. The Committee further noted that the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the Royal Bahamas Police Force (RBPF) are the bodies responsible for coordinating and implementing the activities aimed at preventing trafficking in persons, including identification of victims of trafficking, investigation of cases and prosecution of alleged traffickers. The Committee requested the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act and to provide information on its application in practice. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of the provisions of the Trafficking in Persons Act prohibiting the trafficking of children under the age of 18 years for sexual and labour exploitation. It also requests the Government to provide statistical information on the number of cases of trafficking of children identified by the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the RBPF as well as the investigations carried out, prosecutions and convictions made, and penalties applied with regard to the trafficking of children under the age of 18 years.

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 of 2000 does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes that the Dangerous Drugs Act makes it an offence to cultivate, manufacture, import, export, trade, or supply any dangerous drugs (sections 3–12) and to supply dangerous drugs to a child or young person (section 22(4)). It also notes that according to section 29(5), any person who attempts to commit an offence against this Act or solicits or incites another person to commit any of the offences shall be punished.

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 6. Programmes of action. National action plan to combat trafficking in persons. The Committee previously noted that a national action plan to combat trafficking in persons which is focused on prevention and assistance was being finalized. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the adoption and implementation of the national action plan to combat trafficking in persons as well as its impact on the elimination of the trafficking of children under the age of 18 years for labour or sexual exploitation.

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 detailed information on the goals and focus of the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Accordingly, INSPIRE aims to implement targeted innovations that address the educational needs of Bahamian youth, including: (i) a relevant education and training system articulated at the secondary and post-secondary levels; (ii) improved quality and access to early education; and (iii) strengthened capacity in schools to accommodate children with special needs. The Committee notes with interest the Government’s indication that these innovations are expected to benefit on an annual basis approximately 38,000 secondary and post-secondary students, 12,000 preschoolers as well as several thousand students with special needs. The Committee requests the Government to continue 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 level and the possible achievement of universal education.

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. It also noted that CEDAW, in its concluding observations, 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 in relation to 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)). The Committee requested 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.

The Committee notes the absence of information in the Government’s report on this matter. The Committee notes, however, that according to the ILO publication entitled “Child Labour in the Bahamas – Key Findings from the Rapid Assessment, 2016” girls above 13 years are often instigated to the sex trade by caretakers and that boys from 12 years are increasingly involved in child prostitution. The Committee therefore urges the Government to take effective and time-bound measures to protect children under the age of 18 years 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.

Haitian migrant children. The Committee previously observed that there are special groups of children who are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. It also noted 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, that Haitian children working as domestic servants are vulnerable to exploitative work conditions. The Committee requested the Government to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee notes the Government’s statement that there are no Haitian children working as domestic servants in the Bahamas. It further states that the Bahamas aims to protect all children and that no child is denied opportunity to education. In this regard, the Committee notes the information available from the International Organization for Migration (IOM) that the Haitian nationals present in the Bahamas range roughly from 30,000 to 60,000 and that the majority of them are children up to the age of 14 years who apparently travel with a relative or parent. The information from the IOM further indicates that Haitian migrants largely remain a distinct and separate community generally living in poorer conditions. In this regard, the Committee recalls that migrant children are particularly vulnerable to the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures taken to ensure the protection of Haitian migrant children from the worst forms of child labour, including the measures guaranteeing their access to free basic education.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting that the national legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years, the Committee requested the Government to take immediate measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances and to adopt sufficiently effective and dissuasive penalties.

The Committee notes with interest that the Sexual Offences Act of 1991, as amended in 2008, makes it an offence to produce, for the purpose of publication or not, any child pornography which shall be punished with life imprisonment (section 16A(1)). It also notes that according to section 16A(2) of this Act, any person who receives or disseminates for the purpose of distribution or sale of any child pornography; or possess any child pornography; or intentionally causes or incites any person under the age of 18 years to be involved in child pornography shall be punished with an imprisonment for a term of 20 years. “Child pornography” as defined under section 16A(3) includes any photographic, film, video or visual representation transmitted by electronic or mechanical means that shows or depicts a child under the age of 18 years as being engaged in sexual activity. The Committee requests the Government to provide information on the application in practice of section 16A(1), (2) and (3) of the Sexual Offences Act with regard to the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances.

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 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. The Committee previously noted that the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme was launched with the aim to improve quality of and access to early education, a strengthened capacity in schools to accommodate children with special needs, and a strengthened managerial capacity in the education system.

The Committee notes that according to the UNESCO statistics, the net enrolment rate at the primary level was 97.52 per cent in 2010 and at the secondary level, it was 82.69 per cent. The Committee notes that the Ministry of Education developed a Ten-Year Education Plan in 2009 with the strategic intent to improve student achievement and performance at school. The plan contains detailed short-term and long-term objectives which addresses the issues of access, equity, inclusion, quality and relevance throughout all levels of education. The Committee requests the Government to provide information on the implementation of the Ten-Year Education Plan, and the results achieved in terms of the increase in the school enrolment rates at primary and secondary level and the possible achievement of universal education.

Clause (d). Children at special risk. Children from poor families. The Committee previously observed that there are special groups of children who are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families.

The Committee notes that the Government’s report does not contain any information on the measures taken to protect such children from the worst forms of child labour. The Committee notes from the Report of the Special Rapporteur that Haitian children working as domestic servants are vulnerable to exploitative work conditions. The Committee once again requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the measures taken in this regard.

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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.

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting that the national legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years, the Committee requested the Government to take immediate measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances and to adopt sufficiently effective and dissuasive penalties.

The Committee notes with interest that the Sexual Offences Act of 1991, as amended in 2008, makes it an offence to produce, for the purpose of publication or not, any child pornography which shall be punished with life imprisonment (section 16A(1)). It also notes that according to section 16A(2) of this Act, any person who receives or disseminates for the purpose of distribution or sale of any child pornography; or possess any child pornography; or intentionally causes or incites any person under the age of 18 years to be involved in child pornography shall be punished with an imprisonment for a term of 20 years. “Child pornography” as defined under section 16A(3) includes any photographic, film, video or visual representation transmitted by electronic or mechanical means that shows or depicts a child under the age of 18 years as being engaged in sexual activity. The Committee requests the Government to provide information on the application in practice of section 16A(1), (2) and (3) of the Sexual Offences Act with regard to the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances.

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 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. The Committee previously noted that the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme was launched with the aim to improve quality of and access to early education, a strengthened capacity in schools to accommodate children with special needs, and a strengthened managerial capacity in the education system.

The Committee notes that according to the UNESCO statistics, the net enrolment rate at the primary level was 97.52 per cent in 2010 and at the secondary level, it was 82.69 per cent. The Committee notes that the Ministry of Education developed a Ten-Year Education Plan in 2009 with the strategic intent to improve student achievement and performance at school. The plan contains detailed short-term and long-term objectives which addresses the issues of access, equity, inclusion, quality and relevance throughout all levels of education. The Committee requests the Government to provide information on the implementation of the Ten-Year Education Plan, and the results achieved in terms of the increase in the school enrolment rates at primary and secondary level and the possible achievement of universal education.

Clause (d). Children at special risk. Children from poor families. The Committee previously observed that there are special groups of children who are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families.

The Committee notes that the Government’s report does not contain any information on the measures taken to protect such children from the worst forms of child labour. The Committee notes from the Report of the Special Rapporteur that Haitian children working as domestic servants are vulnerable to exploitative work conditions. The Committee once again requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the measures taken in this regard.

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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.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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 cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. The Committee noted, however, that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children.

The Committee notes the absence of information in the Government’s report on this point. The Committee urges the Government to take immediate measures in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for labour exploitation, and to adopt sufficiently effective and dissuasive penalties. It once again requests the Government to provide information on progress made to this end.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It noted however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Once again recalling that, under the terms of Article 1 of the Convention, immediate and effective measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances must be taken as a matter of urgency, the Committee requests the Government to take immediate measures to prohibit this worst form of child labour, and to adopt sufficiently effective and dissuasive penalties.

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 prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and CIDA Regional Child Labour Project Study), children were involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee once again requests 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. It also once again requests the Government to provide information on progress made in this regard.

Article 4(1). Determination of hazardous work. In its previous comments, the Committee 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 the age of 18 years. In this regard, the Committee noted the Government arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information on this point in the Government’s report. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee urges the Government to take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also once again requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that, through several of its departments and agencies, it has undertaken a number of initiatives aimed at decreasing any instances of the worst forms of child labour. In this regard, the Royal Bahamas Police Force (RBPF) implemented a programme, in September 2012, whereby police presence has been increased in areas surrounding schools in order to crack down on illicit activities involving children. Moreover, the Urban Renewal Programme – a multi-agency initiative spearheaded by the Department of Social Services, Department of Environmental Health and the RBPF, among others – was reintroduced in early 2012 as a means of ensuring that personnel with the required expertise have a presence in communities throughout the country, in order to help reduce anti-social behaviour, including the involvement of children in illicit activities. The Committee requests the Government to provide information on the impact of the measures taken by the RBPF and within the framework of the Urban Renewal Programme on combating the worst forms of child labour and, in particular, the involvement of children under the age of 18 years in illicit activities.

Article 6. Programmes of action. The Committee previously noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a national committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take measures to design and implement an action plan to eliminate the worst forms of child labour. It once again requests the Government to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

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. In its previous comments, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. It notes however that, according to the report of 18 October 2011 of the Committee on the Elimination and Discrimination against Women in consideration of the fifth periodic report of the Bahamas (CEDAW/C/BHS/5, paragraph 88), the Support Programme for Transforming Education and Training, implemented in 2005 in collaboration with the Inter-American Development Bank, has recently been relaunched as the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Some results that are expected from this programme’s implementation are the improved quality of and access to early education, a strengthened capacity in schools to accommodate children with special needs, and a strengthened managerial capacity in the education system. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee once again strongly encourages the Government to renew its efforts to improve the functioning of the educational system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It once again requests the Government to provide information, in its next report, on the results attained.

Clause (d). Children at special risk. 1. Children from poor families. The Committee noted that, according to the ILO and CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. The Committee observed that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. Noting the absence of information in the Government’s report on this point, the Committee once again strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. The Committee once again requests the Government to provide information, in its next report, on the measures taken in this regard.

2. Child sex tourism. The Committee noted that the ILO and CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour and that some cases were associated with tourism. The Committee observed 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 therefore requests the Government to indicate whether measures have been taken 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 notes the Government’s indication that, although some circumstances that existed at the time of the ILO and CIDA Regional Child Labour Project Study in 2005 were suggestive of the involvement of children in the worst forms of child labour, no cases have since been reported by any of the stakeholders. Considering, however, 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 with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

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 cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. The Committee noted, however, that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children.

The Committee notes the absence of information in the Government’s report on this point. The Committee urges the Government to take immediate measures in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for labour exploitation, and to adopt sufficiently effective and dissuasive penalties. It once again requests the Government to provide information on progress made to this end.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It noted however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Once again recalling that, under the terms of Article 1 of the Convention, immediate and effective measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances must be taken as a matter of urgency, the Committee requests the Government to take immediate measures to prohibit this worst form of child labour, and to adopt sufficiently effective and dissuasive penalties.

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 prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and CIDA Regional Child Labour Project Study), children were involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee once again requests 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. It also once again requests the Government to provide information on progress made in this regard.

Article 4(1). Determination of hazardous work. In its previous comments, the Committee 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 the age of 18 years. In this regard, the Committee noted the Government arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information on this point in the Government’s report. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee urges the Government to take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also once again requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that, through several of its departments and agencies, it has undertaken a number of initiatives aimed at decreasing any instances of the worst forms of child labour. In this regard, the Royal Bahamas Police Force (RBPF) implemented a programme, in September 2012, whereby police presence has been increased in areas surrounding schools in order to crack down on illicit activities involving children. Moreover, the Urban Renewal Programme – a multi-agency initiative spearheaded by the Department of Social Services, Department of Environmental Health and the RBPF, among others – was reintroduced in early 2012 as a means of ensuring that personnel with the required expertise have a presence in communities throughout the country, in order to help reduce anti-social behaviour, including the involvement of children in illicit activities. The Committee requests the Government to provide information on the impact of the measures taken by the RBPF and within the framework of the Urban Renewal Programme on combating the worst forms of child labour and, in particular, the involvement of children under the age of 18 years in illicit activities.

Article 6. Programmes of action. The Committee previously noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a national committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take measures to design and implement an action plan to eliminate the worst forms of child labour. It once again requests the Government to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

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. In its previous comments, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. It notes however that, according to the report of 18 October 2011 of the Committee on the Elimination and Discrimination against Women in consideration of the fifth periodic report of the Bahamas (CEDAW/C/BHS/5, paragraph 88), the Support Programme for Transforming Education and Training, implemented in 2005 in collaboration with the Inter-American Development Bank, has recently been relaunched as the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Some results that are expected from this programme’s implementation are the improved quality of and access to early education, a strengthened capacity in schools to accommodate children with special needs, and a strengthened managerial capacity in the education system. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee once again strongly encourages the Government to renew its efforts to improve the functioning of the educational system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It once again requests the Government to provide information, in its next report, on the results attained.

Clause (d). Children at special risk. 1. Children from poor families. The Committee noted that, according to the ILO and CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. The Committee observed that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. Noting the absence of information in the Government’s report on this point, the Committee once again strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. The Committee once again requests the Government to provide information, in its next report, on the measures taken in this regard.

2. Child sex tourism. The Committee noted that the ILO and CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour and that some cases were associated with tourism. The Committee observed 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 therefore requests the Government to indicate whether measures have been taken 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 notes the Government’s indication that, although some circumstances that existed at the time of the ILO and CIDA Regional Child Labour Project Study in 2005 were suggestive of the involvement of children in the worst forms of child labour, no cases have since been reported by any of the stakeholders. Considering, however, 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 with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

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The Committee notes with interest that the Child Protection Act, 2007, entered into force on 1 October 2009.

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 cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. The Committee noted, however, that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children.

The Committee notes the absence of information in the Government’s report on this point. The Committee urges the Government to take immediate measures in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for labour exploitation, and to adopt sufficiently effective and dissuasive penalties. It once again requests the Government to provide information on progress made to this end.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It noted however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Once again recalling that, under the terms of Article 1 of the Convention, immediate and effective measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances must be taken as a matter of urgency, the Committee requests the Government to take immediate measures to prohibit this worst form of child labour, and to adopt sufficiently effective and dissuasive penalties.

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 prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of child labour laws of the Bahamas – A guide to legislative reform” (ILO and CIDA Regional Child Labour Project Study), children were involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee once again requests 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. It also once again requests the Government to provide information on progress made in this regard.

Clause (d). Hazardous work. In its previous comments, the Committee noted that the Employment Act, 2001, did not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. It expressed the hope that the Government would take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future.

The Committee notes with interest that section 7(1) of the Child Protection Act provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his or her health, education, or mental, physical or moral development.

Article 4(1). Determination of hazardous work. In its previous comments, the Committee 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 the age of 18 years. In this regard, the Committee noted the Government arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme.

The Committee notes the absence of information on this point in the Government’s report. However, the Committee notes that a delegation of the Bahamas attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. The Committee notes that this workshop aimed to enhance skills for the preparation of a list of hazardous work through internal consultations and collaboration. The Committee urges the Government to take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also once again requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that, through several of its departments and agencies, it has undertaken a number of initiatives aimed at decreasing any instances of the worst forms of child labour. In this regard, the Royal Bahamas Police Force (RBPF) implemented a programme, in September 2012, whereby police presence has been increased in areas surrounding schools in order to crack down on illicit activities involving children. Moreover, the Urban Renewal Programme – a multi-agency initiative spearheaded by the Department of Social Services, Department of Environmental Health and the RBPF, among others – was reintroduced in early 2012 as a means of ensuring that personnel with the required expertise have a presence in communities throughout the country, in order to help reduce anti-social behaviour, including the involvement of children in illicit activities. The Committee requests the Government to provide information on the impact of the measures taken by the RBPF and within the framework of the Urban Renewal Programme on combating the worst forms of child labour and, in particular, the involvement of children under the age of 18 years in illicit activities.

Article 6. Programmes of action. The Committee previously noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a national committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take measures to design and implement an action plan to eliminate the worst forms of child labour. It once again requests the Government to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

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. In its previous comments, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress was made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow.

The Committee notes the absence of information in the Government’s report on this point. It notes however that, according to the report of 18 October 2011 of the Committee on the Elimination and Discrimination against Women in consideration of the fifth periodic report of the Bahamas (CEDAW/C/BHS/5, paragraph 88), the Support Programme for Transforming Education and Training, implemented in 2005 in collaboration with the Inter-American Development Bank, has recently been relaunched as the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Some results that are expected from this programme’s implementation are the improved quality of and access to early education, a strengthened capacity in schools to accommodate children with special needs, and a strengthened managerial capacity in the education system. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee once again strongly encourages the Government to renew its efforts to improve the functioning of the educational system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It once again requests the Government to provide information, in its next report, on the results attained.

Clause (d). Children at special risk. 1. Children from poor families. The Committee noted that, according to the ILO and CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. The Committee observed that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. Noting the absence of information in the Government’s report on this point, the Committee once again strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. The Committee once again requests the Government to provide information, in its next report, on the measures taken in this regard.

2. Child sex tourism. The Committee noted that the ILO and CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour and that some cases were associated with tourism. The Committee observed 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 therefore requests the Government to indicate whether measures have been taken 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.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that, according to the ILO Rapid Assessment Study of 2002, of the 189 activities reported, 52 were associated with the worst forms of child labour. In particular, there were 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography; nine activities (17 per cent) with illicit activities such as children selling drugs in school as well as on the streets; and four activities (8 per cent) associated with children in hazardous work. The ILO Rapid Assessment Study stated that for the worst forms of child labour, the youngest children were girls aged 12, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food. The Committee noted that, according to the ILO and CIDA Regional Child Labour Project Study, there is no legislative or institutional mandate for a systemic review of the national child labour situation.

The Committee notes the Government’s indication that, although some circumstances that existed at the time of the ILO and CIDA Regional Child Labour Project Study in 2005 were suggestive of the involvement of children in the worst forms of child labour, no cases have since been reported by any of the stakeholders. Considering, however, 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 with its next report. To the extent possible, all information provided should be disaggregated by age and sex.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee took due note of the adoption of the Child Protection Act, 2007. It hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

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 had noted that subsections (a), (c) and (d) of section 7 of the Sexual Offences and Domestic Violence Act only cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. It had requested the Government to provide the text of any legislation prohibiting the sale and trafficking of children under 18 for their labour exploitation or to indicate progress made towards the adoption of such legislation. The Committee noted that the Government did not provide any information on this point. It noted however that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children. The Committee hopes that the Government will take measures shortly in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for their economic exploitation, and requests it to provide information on progress made to this end. It also requests the Government to adopt appropriate penalties.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It had requested the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee noted that the Government’s report did not provide any information on this point. It noted however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Recalling that, under the terms of Article 1 of the Convention, immediate and effective measures to prohibit this worst form of child labour must be taken as a matter of urgency, the Committee requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances, and to adopt appropriate penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Dangerous Drugs Act prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It had asked the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee noted that the Government does not provide information on this point. It noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of Child Labour Laws of the Bahamas – A Guide to Legislative Reform” (ILO and the CIDA Regional Child Labour Project Study), children are involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee therefore requests 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 appropriate sanctions. It also requests the Government to provide information on progress made in this regard.

Clause (d). Hazardous work. Referring to its previous comments, the Committee noted that section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. It further noted the information provided by the Government in its report on Convention No. 138 according to which, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act, 2001, does not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. However, it noted that measures will be taken to set the minimum age for admission to hazardous work at 18. It hopes that the Government will take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future and requests it to provide information in this regard.

Article 4(1). Determination of hazardous work. In its previous comments, 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 the age of 18 years. In this regard, the Committee noted the information provided by the Government in its report on Convention No. 138 according to which it has arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme. In this regard, the Committee reminded the Government that, by virtue of Article 4(1) of the Convention, the types of hazardous work must be determined, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards. In this regard, it recalled that Paragraph 3 of Recommendation No. 190 provides for the types of activities that should be taken into consideration in determining the types of hazardous work. The Committee hopes that the Government will take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 6. Programmes of action. The Committee had noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a National Committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the measures taken or envisaged to design and implement programmes of action to eliminate the worst forms of child labour, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

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. Referring to its previous comments, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciates the steps taken by the Government to improve the education system in the country. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

Clause (d). Children at special risk. Children from poor families. The Committee noted that according to the ILO and the CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. The Committee observed that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. The Committee strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the measures taken in this regard.

Child sex tourism. The Committee noted that the ILO and the CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour. Cases were associated with tourism. The Committee observed 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 therefore requests the Government to indicate whether measures have been taken 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.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the ILO Rapid Assessment Study of 2002, of the 189 activities reported, 52 were associated with the worst forms of child labour. In particular, there were 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography; nine activities (17 per cent) with illicit activities such as children selling drugs in school as well as on the streets; and four activities (8 per cent) associated with children in hazardous work. The ILO Rapid Assessment Study had stated that for the worst forms of child labour, the youngest children were girls aged 12, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food. The Committee noted that, according to the ILO and the CIDA Regional Child Labour Project Study, there is no legislative or institutional mandate for a systemic review of the national child labour situation. Considering that the above information indicates that some types of the worst forms of child labour occur in the country, the Committee hopes that the Government will take the necessary measures to determine the magnitude of child labour and, in particular, the worst forms of child labour. The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee took due note of the adoption of the Child Protection Act, 2007. It hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

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 had noted that subsections (a), (c) and (d) of section 7 of the Sexual Offences and Domestic Violence Act only cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. It had requested the Government to provide the text of any legislation prohibiting the sale and trafficking of children under 18 for their labour exploitation or to indicate progress made towards the adoption of such legislation. The Committee noted that the Government did not provide any information on this point. It noted however that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children. The Committee hopes that the Government will take measures shortly in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for their economic exploitation, and requests it to provide information on progress made to this end. It also requests the Government to adopt appropriate penalties.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It had requested the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee noted that the Government’s report did not provide any information on this point. It noted however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Recalling that, under the terms of Article 1 of the Convention, immediate and effective measures to prohibit this worst form of child labour must be taken as a matter of urgency, the Committee requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances, and to adopt appropriate penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Dangerous Drugs Act prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It had asked the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee noted that the Government does not provide information on this point. It noted that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of Child Labour Laws of the Bahamas – A Guide to Legislative Reform” (ILO and the CIDA Regional Child Labour Project Study), children are involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee therefore requests 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 appropriate sanctions. It also requests the Government to provide information on progress made in this regard.

Clause (d). Hazardous work. Referring to its previous comments, the Committee noted that section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. It further noted the information provided by the Government in its report on Convention No. 138 according to which, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act, 2001, does not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. However, it noted that measures will be taken to set the minimum age for admission to hazardous work at 18. It hopes that the Government will take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future and requests it to provide information in this regard.

Article 4(1). Determination of hazardous work. In its previous comments, 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 the age of 18 years. In this regard, the Committee noted the information provided by the Government in its report on Convention No. 138 according to which it has arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme. In this regard, the Committee reminded the Government that, by virtue of Article 4(1) of the Convention, the types of hazardous work must be determined, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards. In this regard, it recalled that Paragraph 3 of Recommendation No. 190 provides for the types of activities that should be taken into consideration in determining the types of hazardous work. The Committee hopes that the Government will take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 6. Programmes of action. The Committee had noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a National Committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the measures taken or envisaged to design and implement programmes of action to eliminate the worst forms of child labour, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

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. Referring to its previous comments, the Committee noted that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee noted however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciates the steps taken by the Government to improve the education system in the country. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

Clause (d). Children at special risk. 1. Children from poor families. The Committee noted that according to the ILO and the CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. The Committee observed that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. The Committee strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the measures taken in this regard.

2. Child sex tourism. The Committee noted that the ILO and the CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour. Cases were associated with tourism. The Committee observed 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 therefore requests the Government to indicate whether measures have been taken 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.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the ILO Rapid Assessment Study of 2002, of the 189 activities reported, 52 were associated with the worst forms of child labour. In particular, there were 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography; nine activities (17 per cent) with illicit activities such as children selling drugs in school as well as on the streets; and four activities (8 per cent) associated with children in hazardous work. The ILO Rapid Assessment Study had stated that for the worst forms of child labour, the youngest children were girls aged 12, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food. The Committee noted that, according to the ILO and the CIDA Regional Child Labour Project Study, there is no legislative or institutional mandate for a systemic review of the national child labour situation. Considering that the above information indicates that some types of the worst forms of child labour occur in the country, the Committee hopes that the Government will take the necessary measures to determine the magnitude of child labour and, in particular, the worst forms of child labour. The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee takes due note of the adoption of the Child Protection Act, 2007. It hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

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 had noted that subsections (a), (c) and (d) of section 7 of the Sexual Offences and Domestic Violence Act only cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. It had requested the Government to provide the text of any legislation prohibiting the sale and trafficking of children under 18 for their labour exploitation or to indicate progress made towards the adoption of such legislation. The Committee notes that the Government did not provide any information on this point. It notes however that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children. The Committee hopes that the Government will take measures shortly in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for their economic exploitation, and requests it to provide information on progress made to this end. It also requests the Government to adopt appropriate penalties.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It had requested the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes that the Government’s report did not provide any information on this point. It notes however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Recalling that, under the terms of Article 1 of the Convention, immediate and effective measures to prohibit this worst form of child labour must be taken as a matter of urgency, the Committee requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances, and to adopt appropriate penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Dangerous Drugs Act prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It had asked the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes that the Government does not provide information on this point. It notes that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of Child Labour Laws of the Bahamas – A Guide to Legislative Reform” (ILO and the CIDA Regional Child Labour Project Study), children are involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee therefore requests 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 appropriate sanctions. It also requests the Government to provide information on progress made in this regard.

Clause (d). Hazardous work. Referring to its previous comments, the Committee notes that section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. It further notes the information provided by the Government in its report on Convention No. 138 according to which, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act, 2001, does not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. However, it notes that measures will be taken to set the minimum age for admission to hazardous work at 18. It hopes that the Government will take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future and requests it to provide information in this regard.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, 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 the age of 18 years. In this regard, the Committee notes the information provided by the Government in its report on Convention No. 138 according to which it has arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme. In this regard, the Committee reminds the Government that, by virtue of Article 4(1) of the Convention, the types of hazardous work must be determined, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards. In this regard, it recalls that Paragraph 3 of Recommendation No. 190 provides for the types of activities that should be taken into consideration in determining the types of hazardous work. The Committee hopes that the Government will take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 6. Programmes of action. The Committee had noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a National Committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the measures taken or envisaged to design and implement programmes of action to eliminate the worst forms of child labour, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 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. Referring to its previous comments, the Committee notes that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee notes however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciates the steps taken by the Government to improve the education system in the country. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

Clause (d). Children at special risk. 1. Children from poor families. The Committee notes that according to the ILO and the CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. The Committee observes that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. The Committee strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the measures taken in this regard.

2. Child sex tourism. The Committee notes that the ILO and the CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour. Cases were associated with tourism. The Committee observes 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 therefore requests the Government to indicate whether measures have been taken 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.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the ILO Rapid Assessment Study of 2002, of the 189 activities reported, 52 were associated with the worst forms of child labour. In particular, there were 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography; nine activities (17 per cent) with illicit activities such as children selling drugs in school as well as on the streets; and four activities (8 per cent) associated with children in hazardous work. The ILO Rapid Assessment Study had stated that for the worst forms of child labour, the youngest children were girls aged 12, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food. The Committee notes that, according to the ILO and the CIDA Regional Child Labour Project Study, there is no legislative or institutional mandate for a systemic review of the national child labour situation. Considering that the above information indicates that some types of the worst forms of child labour occur in the country, the Committee hopes that the Government will take the necessary measures to determine the magnitude of child labour and, in particular, the worst forms of child labour. The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.

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The Committee takes due note of the adoption of the Child Protection Act, 2007. It hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

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 had noted that subsections (a), (c) and (d) of section 7 of the Sexual Offences and Domestic Violence Act only cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. It had requested the Government to provide the text of any legislation prohibiting the sale and trafficking of children under 18 for their labour exploitation or to indicate progress made towards the adoption of such legislation. The Committee notes that the Government did not provide any information on this point. It notes however that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children. The Committee hopes that the Government will take measures shortly in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for their economic exploitation, and requests it to provide information on progress made to this end. It also requests the Government to adopt appropriate penalties.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under the age of 18 years. It had requested the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes that the Government’s report did not provide any information on this point. It notes however that under the terms of section 152(2)(d) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations as to matters concerning the issue of child pornography. Recalling that under the terms of Article 1 of the Convention, immediate and effective measures to prohibit this worst form of child labour must be taken as a matter of urgency, the Committee requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances, and to adopt appropriate penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Dangerous Drugs Act prohibits the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine but does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It had asked the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes that the Government does not provide information on this point. It notes that, according to a study carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project and entitled “Review of Child Labour Laws of the Bahamas – a Guide to Legislative Reform” (ILO and the CIDA Regional Child Labour Project Study), children are involved in a variety of activities that were suggestive of the worst forms of child labour, including the drug trade. The Committee therefore requests 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 appropriate sanctions. It also requests the Government to provide information on progress made in this regard.

Clause (d). Hazardous work. Referring to its previous comments, the Committee notes that section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. It further notes the information provided by the Government in its report on Convention No. 138 according to which, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act, 2001, does not prohibit young persons between 14 and 18 years of age from being employed in hazardous work. However, it notes that measures will be taken to set the minimum age for admission to hazardous work at 18. It hopes that the Government will take the necessary measures to establish the minimum age for admission to hazardous work at 18 years in the near future and requests it to provide information in this regard.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, 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 the age of 18 years. In this regard, the Committee notes the information provided by the Government in its report on Convention No. 138 according to which it has arranged, with the ILO Regional Office, to establish a list of hazardous occupations as part of its Decent Work Country Programme. In this regard, the Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work must be determined, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards. In this regard, it recalls that Paragraph 3 of Recommendation No. 190 provides for the types of activities that should be taken into consideration in determining the types of hazardous work. The Committee hopes that the Government will take immediate and effective measures to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to persons under 18 years of age, and to provide information on progress made to this end. It also requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 6. Programmes of action. The Committee had noted that the ILO Rapid Assessment Study of 2002 had recommended (page 10) that the Government establish a National Committee composed of all the social partner groups and civil society, to develop an action plan to eliminate child labour. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the measures taken or envisaged to design and implement programmes of action to eliminate the worst forms of child labour, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 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. Referring to its previous comments, the Committee notes that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee notes however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciates the steps taken by the Government to improve the education system in the country. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

Clause (d). Children at special risk. 1. Children from poor families. The Committee notes that according to the ILO and the CIDA Regional Child Labour Project Study, the Bahamas’ socio-economic situation and policy framework and systems in the areas of education, health, welfare and social services are well developed. However, the study also points out that there are pockets of poverty estimated at 9.1 per cent and there are special groups of children who may be at risk, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. The Committee observes that children from these groups are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation. The Committee strongly encourages the Government to take effective and time-bound measures to protect these children from the worst forms of child labour and to provide information on the measures taken in this regard.

2. Child sex tourism. The Committee notes that the ILO and the CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour. Cases were associated with tourism. The Committee observes 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 therefore requests the Government to indicate whether measures have been taken 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.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the ILO Rapid Assessment Study of 2002, of the 189 activities reported, 52 were associated with the worst forms of child labour. In particular, there were 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography; nine activities (17 per cent) with illicit activities such as children selling drugs in school as well as on the streets; and four activities (8 per cent) associated with children in hazardous work. The ILO Rapid Assessment Study had stated that for the worst forms of child labour, the youngest children were girls aged 12, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food. The Committee notes that, according to the ILO and the CIDA Regional Child Labour Project Study, there is no legislative or institutional mandate for a systemic review of the national child labour situation. Considering that the above information indicates that some types of the worst forms of child labour occur in the country, the Committee hopes that the Government will take the necessary measures to determine the magnitude of child labour and, in particular, the worst forms of child labour. The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that there appear to be no legal provisions in the Bahamas specifically prohibiting the sale and trafficking of children. The Committee notes however, that by virtue of section 7(a) of the Sexual Offences and Domestic Violence Act, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, either in or outside the Bahamas is guilty of an offence. Moreover, section 7(c) punishes any person who procures or attempts to procure any person to leave the Bahamas with intent that that person may become an inmate or frequent a brothel elsewhere. Section 7(d) states that any person who procures or attempts to procure any person to leave their usual place of abode in the Bahamas with the intention, for the purposes of prostitution, of becoming an inmate or frequent a brothel either in or outside the Bahamas, is guilty of an offence. The Committee notes that these provisions only cover the trafficking of persons for the purpose of sexual exploitation, and there is no specific legislation prohibiting trafficking of persons for the purpose of labour exploitation. The Committee therefore requests the Government to identify and provide the text of any legislation prohibiting the sale and trafficking of children under 18, for the exploitation of their labour, or to indicate the progress made towards the adoption of such legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that prostitution and the production of pornography is prohibited, and where it may involve children, it would be dealt with in the strongest possible terms. The Committee notes that according to section 7(a) of the Sexual Offences and Domestic Violence Act of 1991, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, in the Bahamas with any other person is guilty of an offence. It also notes that section 7(b) punishes any person who procures a person to become a common prostitute, either in or outside the Bahamas. Section 7 also punishes any person who by threats or intimidation procures any person to have unlawful sexual intercourse, either in or outside the Bahamas. Moreover, this provision punishes any person who applies, administers or causes to be taken by any person any drug, matter or thing with intent to stupefy or overpower, in order to have sexual intercourse with that person. Section 21 of the same Act provides for a penalty of two years’ imprisonment for anyone who detains another person against their will: (a) with intent that that other person may cohabit or have unlawful sexual intercourse with another person; or (b) in a brothel. The Committee notes, however, that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under 18. The Committee reminds the Government that under Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances 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. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement according to which the trafficking of drugs is prohibited in the Bahamas. The Committee notes that sections 3 and 4 of the Dangerous Drugs Act prohibit the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine. Section 6 of the same Act authorizes the Minister for Dangerous Drugs and Poisons to further develop the list of prohibited drugs. The Act also punishes any person other than a child or young person for supplying any dangerous drug to a child or young person (section 22(4)). However, the Committee notes that the relevant legislation does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement in the report submitted to the Committee on the Rights of the Child (CRC/C/Add.50, paragraph 300), according to which the Minister of Education may prohibit or restrict employment of children under the age of 18 years if the Minister is of the opinion that employment is prejudicial to their health or would render them unfit to obtain the full benefit of education provided to them. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, in accordance with Article 3, clause (d), of the Convention. In the absence of such provisions, the Committee requests the Government to indicate any steps that have been taken or envisaged, either by the Minister of Education or any other authority, to set the minimum age for admission to hazardous work at 18.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government according to which the types of work determined to be hazardous are the ones stated in section 49 of the Employment Act of 2001. Section 49 defines these as industrial undertakings, including for example: a mine; quarry; distillery; construction; railway; sewer; and transport of passengers or goods by road or rail. The Committee notes that section 50 of the same Act only prohibits the employment of any child (person under the age of 14 years) in these undertakings, whereas Articles 3(d) and 4(1), of the Convention prohibit hazardous work to all persons under the age of 18. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must 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). This paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests 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. 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 in this regard. The Committee also asks the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the absence of national programmes of action to eliminate child labour. The Committee reminds the Government that Article 6, paragraph 1, of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, and Article 6, paragraph 2, of the Convention states that such programmes of action must be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups, as appropriate. In this context, the Committee notes that the ILO Rapid Assessment Study of 2002 recommended (page 10), in particular, that the Government establish a National Committee composed of all social partner groups and civil society, to develop an action plan to eliminate child labour, and to organize follow-up research studies to determine the magnitude of child labour and the worst forms of child labour. This study also recommended the organization of public education and training programmes for various stakeholders and support programmes for children and their parents. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate child labour such as those abovementioned, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s information according to which none of the measures are time-bound, but are ongoing. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; and (e) take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that the Bahamas provides free and compulsory education up through the age of 16, since 1996, when the age at which compulsory education was raised from 14. The Committee notes that the Government’s report submitted to the Committee on the Rights of the Child indicates the presence of vocational programmes in the areas of building trade, food, management and tourism, home economics, business crafts, electronics and computer studies (CRC/C/8/Add.50, paragraph 258). The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour’s Inspectorate is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Parts IV and V of the report form. The Committee notes the information provided by the Government according to which the matter of child labour and its worst forms is currently before Cabinet. In this regard, the Committee notes the Rapid Assessment Study according to which, of the 189 activities reported, 52 were associated with the worst forms of child labour. There were four reports of sexual exploitation of children through incest, and 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography. There were also nine (17 per cent) activities associated with illicit activities such as children selling drugs in school as well as on the streets. There were four activities (8 per cent) associated with children in hazardous work (see page 6). The Rapid Assessment states that for the worst forms of child labour, the youngest children were girls aged 12 years, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food.

The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that there appear to be no legal provisions in the Bahamas specifically prohibiting the sale and trafficking of children. The Committee notes however, that by virtue of section 7(a) of the Sexual Offences and Domestic Violence Act, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, either in or outside the Bahamas is guilty of an offence. Moreover, section 7(c) punishes any person who procures or attempts to procure any person to leave the Bahamas with intent that that person may become an inmate or frequent a brothel elsewhere. Section 7(d) states that any person who procures or attempts to procure any person to leave their usual place of abode in the Bahamas with the intention, for the purposes of prostitution, of becoming an inmate or frequent a brothel either in or outside the Bahamas, is guilty of an offence. The Committee notes that these provisions only cover the trafficking of persons for the purpose of sexual exploitation, and there is no specific legislation prohibiting trafficking of persons for the purpose of labour exploitation. The Committee therefore requests the Government to identify and provide the text of any legislation prohibiting the sale and trafficking of children under 18, for the exploitation of their labour, or to indicate the progress made towards the adoption of such legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that prostitution and the production of pornography is prohibited, and where it may involve children, it would be dealt with in the strongest possible terms. The Committee notes that according to section 7(a) of the Sexual Offences and Domestic Violence Act of 1991, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, in the Bahamas with any other person is guilty of an offence. It also notes that section 7(b) punishes any person who procures a person to become a common prostitute, either in or outside the Bahamas. Section 7 also punishes any person who by threats or intimidation procures any person to have unlawful sexual intercourse, either in or outside the Bahamas. Moreover, this provision punishes any person who applies, administers or causes to be taken by any person any drug, matter or thing with intent to stupefy or overpower, in order to have sexual intercourse with that person. Section 21 of the same Act provides for a penalty of two years’ imprisonment for anyone who detains another person against their will: (a) with intent that that other person may cohabit or have unlawful sexual intercourse with another person; or (b) in a brothel. The Committee notes, however, that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under 18. The Committee reminds the Government that under Article 3(b), of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances 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. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement according to which the trafficking of drugs is prohibited in the Bahamas. The Committee notes that sections 3 and 4 of the Dangerous Drugs Act prohibit the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine. Section 6 of the same Act authorizes the Minister for Dangerous Drugs and Poisons to further develop the list of prohibited drugs. The Act also punishes any person other than a child or young person for supplying any dangerous drug to a child or young person (section 22(4)). However, the Committee notes that the relevant legislation does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement in the report submitted to the Committee on the Rights of the Child (CRC/C/Add.50, paragraph 300), according to which the Minister of Education may prohibit or restrict employment of children under the age of 18 years if the Minister is of the opinion that employment is prejudicial to their health or would render them unfit to obtain the full benefit of education provided to them. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, in accordance with Article 3, clause (d), of the Convention. In the absence of such provisions, the Committee requests the Government to indicate any steps that have been taken or envisaged, either by the Minister of Education or any other authority, to set the minimum age for admission to hazardous work at 18.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government according to which the types of work determined to be hazardous are the ones stated in section 49 of the Employment Act of 2001. Section 49 defines these as industrial undertakings, including for example: a mine; quarry; distillery; construction; railway; sewer; and transport of passengers or goods by road or rail. The Committee notes that section 50 of the same Act only prohibits the employment of any child (person under the age of 14 years) in these undertakings, whereas Articles 3(d) and 4(1), of the Convention prohibit hazardous work to all persons under the age of 18. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must 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). This paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests 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. 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 in this regard. The Committee also asks the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the absence of national programmes of action to eliminate child labour. The Committee reminds the Government that Article 6, paragraph 1, of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, and Article 6, paragraph 2, of the Convention states that such programmes of action must be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups, as appropriate. In this context, the Committee notes that the ILO Rapid Assessment Study of 2002 recommended (page 10), in particular, that the Government establish a National Committee composed of all social partner groups and civil society, to develop an action plan to eliminate child labour, and to organize follow-up research studies to determine the magnitude of child labour and the worst forms of child labour. This study also recommended the organization of public education and training programmes for various stakeholders and support programmes for children and their parents. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate child labour such as those abovementioned, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s information according to which none of the measures are time-bound, but are ongoing. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; and (e) to take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that the Bahamas provides free and compulsory education up through the age of 16, since 1996, when the age at which compulsory education was raised from 14. The Committee notes that the Government’s report submitted to the Committee on the Rights of the Child indicates the presence of vocational programmes in the areas of building trade, food, management and tourism, home economics, business crafts, electronics and computer studies (CRC/C/8/Add.50, paragraph 258). The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour’s Inspectorate is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Parts IV and V of the report form. The Committee notes the information provided by the Government according to which the matter of child labour and its worst forms is currently before Cabinet. In this regard, the Committee notes the Rapid Assessment Study according to which, of the 189 activities reported, 52 were associated with the worst forms of child labour. There were four reports of sexual exploitation of children through incest, and 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography. There were also nine (17 per cent) activities associated with illicit activities such as children selling drugs in school as well as on the streets. There were four activities (8 per cent) associated with children in hazardous work (see page 6). The Rapid Assessment states that for the worst forms of child labour, the youngest children were girls aged 12 years, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food.

The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes the Government’s information that the measures taken by it to secure the prohibition and elimination of the worst forms of child labour include the enactment of the Employment Act, 2001. The Committee also notes the Government’s statement that the report of the ILO Rapid Assessment conducted in December 2002 has been submitted to the Bahamian Cabinet. The Committee reminds the Government that Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour. The Committee consequently requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate the worst forms of child labour, particularly after the submission of the Rapid Assessment Study to the Cabinet.

Article 3. 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 that there appear to be no legal provisions in the Bahamas specifically prohibiting the sale and trafficking of children. The Committee recalls that Article 1 of the Convention requires the Government to take immediate measures to secure the prohibition of this form of child labour. The Committee, however, notes that by virtue of section 7(a) of the Sexual Offences and Domestic Violence Act, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, either in or outside the Bahamas is guilty of an offence. Moreover, section 7(c) punishes any person who procures or attempts to procure any person to leave the Bahamas with intent that that person may become an inmate or frequent a brothel elsewhere. Section 7(d) states that any person who procures or attempts to procure any person to leave their usual place of abode in the Bahamas with the intention, for the purposes of prostitution, of becoming an inmate or frequent a brothel either in or outside the Bahamas, is guilty of an offence. The Committee notes that these provisions only cover the trafficking of persons for the purpose of sexual exploitation, and there is no specific legislation prohibiting trafficking of persons for the purpose of labour exploitation. The Committee therefore requests the Government to identify and provide the text of any legislation prohibiting the sale and trafficking of children under 18, for the exploitation of their labour, or to indicate the progress made towards the adoption of such legislation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that all forms of slavery and practices similar to slavery are prohibited by the Constitution of the Bahamas, and are enforced by the law enforcement agencies. It notes that article 18(1) of the Constitution provides that no person shall be held in slavery or servitude, and that article 18(2) of the Constitution states that no person shall be required to perform forced labour. The Committee also notes that section 5 of the Recruitment Act provides that persons under the age of 18 shall not be recruited, and that section 2(2) defines a person who recruits as a person, who, alone or through others procures, engages, hires or supplies or undertakes or attempts to procure, engage, hire or supply workers for the purpose of being employed by that or any other person, so long as the worker does not spontaneously offer the worker’s services at the place of employment.

3. Recruitment of children for use in armed conflict. The Committee notes that the Government has provided no information regarding compulsory or voluntary military service, and no legislative information is available on the age at which individuals may serve in the military or engage in armed conflict. The Committee therefore requests the Government to indicate the age at which compulsory military service begins, if such exists in the Bahamas, and also to provide the text of the relevant legislation as well as information about the practice of recruitment for the armed forces.

Clause (b). The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that prostitution and the production of pornography is prohibited, and where it may involve children, it would be dealt with in the strongest possible terms. The Committee notes that according to section 7(a) of the Sexual Offences and Domestic Violence Act of 1991, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, in the Bahamas with any other person is guilty of an offence. It also notes that section 7(b) punishes any person who procures a person to become a common prostitute, either in or outside the Bahamas. Section 7 also punishes any person who by threats or intimidation procures any person to have unlawful sexual intercourse, either in or outside the Bahamas. Moreover, this provision punishes any person who applies, administers or causes to be taken by any person any drug, matter or thing with intent to stupefy or overpower, in order to have sexual intercourse with that person. Section 21 of the same Act provides for a penalty of two years’ imprisonment for anyone who detains another person against their will: (a) with intent that that other person may cohabit or have unlawful sexual intercourse with another person; or (b) in a brothel. The Committee notes, however, that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under 18. The Committee reminds the Government that under Article 3(b), of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances 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. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement according to which the trafficking of drugs is prohibited in the Bahamas. The Committee notes that sections 3 and 4 of the Dangerous Drugs Act prohibit the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine.  Section 6 of the same Act authorizes the Minister for Dangerous Drugs and Poisons to further develop the list of prohibited drugs. The Act also punishes any person other than a child or young person for supplying any dangerous drug to a child or young person (section 22(4)). However, the Committee notes that the relevant legislation does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement in the report submitted to the Committee on the Rights of the Child (CRC/C/Add.50, paragraph 300), according to which the Minister of Education may prohibit or restrict employment of children under the age of 18 years if the Minister is of the opinion that employment is prejudicial to their health or would render them unfit to obtain the full benefit of education provided to them. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, in accordance with Article 3, clause (d), of the Convention. In the absence of such provisions, the Committee requests the Government to indicate any steps that have been taken or envisaged, either by the Minister of Education or any other authority, to set the minimum age for admission to hazardous work at 18.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government according to which the types of work determined to be hazardous are the ones stated in section 49 of the Employment Act of 2001. Section 49 defines these as industrial undertakings, including for example: a mine; quarry; distillery; construction; railway; sewer; and transport of passengers or goods by road or rail. The Committee notes that section 50 of the same Act only prohibits the employment of any child (person under the age of 14 years) in these undertakings, whereas Articles 3(d) and 4(1), of the Convention prohibit hazardous work to all persons under the age of 18. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must 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). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests 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. 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 in this regard. The Committee also asks the Government to communicate information on consultations held on this matter 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 Employment Act and the Labour Inspectorate have been established as the principal organ of the Government, in order to monitor and detect child labour and the worst forms of it. It also takes note of the Government’s information on the consultations with employers and unions, which are ongoing, and several initiatives, including educating the general society through media presentations, school visits and information sharing with teachers and parents, both at the local and national levels. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to supply information on the results of the tripartite consultations which are ongoing.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the absence of national programmes of action to eliminate child labour. The Committee reminds the Government that Article 6, paragraph 1, of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, and Article 6, paragraph 2, of the Convention states that such programmes of action must be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups, as appropriate. In this context, the Committee notes that the ILO Rapid Assessment Study of 2002 recommended (page 10),  in particular, that the Government establish a National Committee composed of all social partner groups and civil society, to develop an action plan to eliminate child labour, and to organize follow-up research studies to determine the magnitude of child labour and the worst forms of child labour. This study also recommended the organization of public education and training programmes for various stakeholders and support programmes for children and their parents. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate child labour such as those abovementioned, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that, according to section 7 of the Sexual Offences Act of 1991, any person who has committed procuration is guilty of an offence and liable to imprisonment for eight years. It notes that by virtue of section 21 of the same Act, any person guilty of unlawful detention with intent to have sexual intercourse is liable to imprisonment for two years. It also notes that section 137 of the Penal Code provides that whoever: (1) keeps or manages, or acts, or assists in the management of a brothel; (2) being the tenant, lessee, occupier or person in charge of any premises letting premises used as a brothel; (3) being the leasor or landlord of a brothel; shall be liable to a penalty of 150 dollars or in the discretion of the magistrate to imprisonment for three months. Section 22(4) of the Dangerous Drugs Act punishes any person who supplies a dangerous drug to a child or young person by imprisonment of between three and 20 years, and a fine not exceeding 200,000 dollars. The Committee also notes that section 9 of the Recruiting of Workers Act provides that any person who acts in contravention of, or fails to comply with, any of the provisions of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine of 400 dollars or to imprisonment for 12 months or to both such fine and imprisonment. Moreover, the Committee notes that sections 52 to 55 of the Employment Act of 2001 provide for the application of penalties in case of violation of the provisions regarding the employment of children and young persons. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s information according to which none of the measures are time-bound, but are ongoing. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; and (e) to take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that the Bahamas provides free and compulsory education up through the age of 16, since 1996, when the age at which compulsory education was raised from 14. The Committee notes that the Government’s report submitted to the Committee on the Rights of the Child indicates the presence of vocational programmes in the areas of building trade, food, management and tourism, home economics, business crafts, electronics and computer studies (CRC/C/8/Add.50, paragraph 258). The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Department of Social Services carries out inspections on the receipt of reports or complaints regarding children or young persons at risk.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour’s Inspectorate is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s statement that the Bahamas has facilitated the Rapid Assessment Study by the ILO, and has participated in tripartite workshops sponsored by the ILO for this region. The Committee also notes that the subregional office for the Caribbean is providing support to member States in their fight against child labour and in the effective implementation of the Convention through technical assistance and capacity building in the areas of child labour research, policy formulation and intervention strategies.

Part III of the report form. The Committee notes the Government’s statement that there is no court decision relating to the application of the Convention. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply a copy of the text of these decisions.

Parts IV and V of the report form. The Committee notes the information provided by the Government according to which the matter of child labour and its worst forms is currently before Cabinet. In this regard, the Committee notes the Rapid Assessment Study according to which, of the 189 activities reported, 52 were associated with the worst forms of child labour. There were four reports of sexual exploitation of children through incest, and 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography. There were also nine (17 per cent) activities associated with illicit activities such as children selling drugs in school as well as on the streets. There were four activities (8 per cent) associated with children in hazardous work (see page 6). The Rapid Assessment states that for the worst forms of child labour, the youngest children were girls aged 12 years, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food.

The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.

CMNT_TITLE

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

Article 1 of the Convention. The Committee notes the Government’s information that the measures taken by it to secure the prohibition and elimination of the worst forms of child labour include the enactment of the Employment Act, 2001. The Committee also notes the Government’s statement that the report of the ILO Rapid Assessment conducted in December 2002 has been submitted to the Bahamian Cabinet. The Committee reminds the Government that Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour. The Committee consequently requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate the worst forms of child labour, particularly after the submission of the Rapid Assessment Study to the Cabinet.

Article 3. 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 that there appear to be no legal provisions in the Bahamas specifically prohibiting the sale and trafficking of children. The Committee recalls that Article 1 of the Convention requires the Government to take immediate measures to secure the prohibition of this form of child labour. The Committee, however, notes that by virtue of section 7(a) of the Sexual Offences and Domestic Violence Act, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, either in or outside the Bahamas is guilty of an offence. Moreover, section 7(c) punishes any person who procures or attempts to procure any person to leave the Bahamas with intent that that person may become an inmate or frequent a brothel elsewhere. Section 7(d) states that any person who procures or attempts to procure any person to leave their usual place of abode in the Bahamas with the intention, for the purposes of prostitution, of becoming an inmate or frequent a brothel either in or outside the Bahamas, is guilty of an offence. The Committee notes that these provisions only cover the trafficking of persons for the purpose of sexual exploitation, and there is no specific legislation prohibiting trafficking of persons for the purpose of labour exploitation. The Committee therefore requests the Government to identify and provide the text of any legislation prohibiting the sale and trafficking of children under 18, for the exploitation of their labour, or to indicate the progress made towards the adoption of such legislation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes the Government’s statement that all forms of slavery and practices similar to slavery are prohibited by the Constitution of the Bahamas, and are enforced by the law enforcement agencies. It notes that article 18(1) of the Constitution provides that no person shall be held in slavery or servitude, and that article 18(2) of the Constitution states that no person shall be required to perform forced labour. The Committee also notes that section 5 of the Recruitment Act provides that persons under the age of 18 shall not be recruited, and that section 2(2) defines a person who recruits as a person, who, alone or through others procures, engages, hires or supplies or undertakes or attempts to procure, engage, hire or supply workers for the purpose of being employed by that or any other person, so long as the worker does not spontaneously offer the worker’s services at the place of employment.

3. Recruitment of children for use in armed conflict. The Committee notes that the Government has provided no information regarding compulsory or voluntary military service, and no legislative information is available on the age at which individuals may serve in the military or engage in armed conflict. The Committee therefore requests the Government to indicate the age at which compulsory military service begins, if such exists in the Bahamas, and also to provide the text of the relevant legislation as well as information about the practice of recruitment for the armed forces.

Clause (b). The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that prostitution and the production of pornography is prohibited, and where it may involve children, it would be dealt with in the strongest possible terms. The Committee notes that according to section 7(a) of the Sexual Offences and Domestic Violence Act of 1991, a person who procures or attempts to procure any person under 18 years of age to have unlawful sexual intercourse, in the Bahamas with any other person is guilty of an offence. It also notes that section 7(b) punishes any person who procures a person to become a common prostitute, either in or outside the Bahamas. Section 7 also punishes any person who by threats or intimidation procures any person to have unlawful sexual intercourse, either in or outside the Bahamas. Moreover, this provision punishes any person who applies, administers or causes to be taken by any person any drug, matter or thing with intent to stupefy or overpower, in order to have sexual intercourse with that person. Section 21 of the same Act provides for a penalty of two years’ imprisonment for anyone who detains another person against their will: (a) with intent that that other person may cohabit or have unlawful sexual intercourse with another person; or (b) in a brothel. The Committee notes, however, that the legislation does not specifically establish offences related to pornography or pornographic performances by a child under 18. The Committee reminds the Government that under Article 3(b), of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances 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. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement according to which the trafficking of drugs is prohibited in the Bahamas. The Committee notes that sections 3 and 4 of the Dangerous Drugs Act prohibit the import, export, trade and cultivation of dangerous drugs, including such narcotics as opium and cocaine.  Section 6 of the same Act authorizes the Minister for Dangerous Drugs and Poisons to further develop the list of prohibited drugs. The Act also punishes any person other than a child or young person for supplying any dangerous drug to a child or young person (section 22(4)). However, the Committee notes that the relevant legislation does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement in the report submitted to the Committee on the Rights of the Child (CRC/C/Add.50, paragraph 300), according to which the Minister of Education may prohibit or restrict employment of children under the age of 18 years if the Minister is of the opinion that employment is prejudicial to their health or would render them unfit to obtain the full benefit of education provided to them. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, in accordance with Article 3, clause (d), of the Convention. In the absence of such provisions, the Committee requests the Government to indicate any steps that have been taken or envisaged, either by the Minister of Education or any other authority, to set the minimum age for admission to hazardous work at 18.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government according to which the types of work determined to be hazardous are the ones stated in section 49 of the Employment Act of 2001. Section 49 defines these as industrial undertakings, including for example: a mine; quarry; distillery; construction; railway; sewer; and transport of passengers or goods by road or rail. The Committee notes that section 50 of the same Act only prohibits the employment of any child (person under the age of 14 years) in these undertakings, whereas Articles 3(d) and 4(1), of the Convention prohibit hazardous work to all persons under the age of 18. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must 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). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests 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. 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 in this regard. The Committee also asks the Government to communicate information on consultations held on this matter 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 Employment Act and the Labour Inspectorate have been established as the principal organ of the Government, in order to monitor and detect child labour and the worst forms of it. It also takes note of the Government’s information on the consultations with employers and unions, which are ongoing, and several initiatives, including educating the general society through media presentations, school visits and information sharing with teachers and parents, both at the local and national levels. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to supply information on the results of the tripartite consultations which are ongoing.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the absence of national programmes of action to eliminate child labour. The Committee reminds the Government that Article 6, paragraph 1, of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, and Article 6, paragraph 2, of the Convention states that such programmes of action must be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups, as appropriate. In this context, the Committee notes that the ILO Rapid Assessment Study of 2002 recommended (page 10),  in particular, that the Government establish a National Committee composed of all social partner groups and civil society, to develop an action plan to eliminate child labour, and to organize follow-up research studies to determine the magnitude of child labour and the worst forms of child labour. This study also recommended the organization of public education and training programmes for various stakeholders and support programmes for children and their parents. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate child labour such as those abovementioned, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that, according to section 7 of the Sexual Offences Act of 1991, any person who has committed procuration is guilty of an offence and liable to imprisonment for eight years. It notes that by virtue of section 21 of the same Act, any person guilty of unlawful detention with intent to have sexual intercourse is liable to imprisonment for two years. It also notes that section 137 of the Penal Code provides that whoever: (1) keeps or manages, or acts, or assists in the management of a brothel; (2) being the tenant, lessee, occupier or person in charge of any premises letting premises used as a brothel; (3) being the leasor or landlord of a brothel; shall be liable to a penalty of 150 dollars or in the discretion of the magistrate to imprisonment for three months. Section 22(4) of the Dangerous Drugs Act punishes any person who supplies a dangerous drug to a child or young person by imprisonment of between three and 20 years, and a fine not exceeding 200,000 dollars. The Committee also notes that section 9 of the Recruiting of Workers Act provides that any person who acts in contravention of, or fails to comply with, any of the provisions of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine of 400 dollars or to imprisonment for 12 months or to both such fine and imprisonment. Moreover, the Committee notes that sections 52 to 55 of the Employment Act of 2001 provide for the application of penalties in case of violation of the provisions regarding the employment of children and young persons. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s information according to which none of the measures are time-bound, but are ongoing. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; and (e) to take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that the Bahamas provides free and compulsory education up through the age of 16, since 1996, when the age at which compulsory education was raised from 14. The Committee notes that the Government’s report submitted to the Committee on the Rights of the Child indicates the presence of vocational programmes in the areas of building trade, food, management and tourism, home economics, business crafts, electronics and computer studies (CRC/C/8/Add.50, paragraph 258). The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Department of Social Services carries out inspections on the receipt of reports or complaints regarding children or young persons at risk.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour’s Inspectorate is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s statement that the Bahamas has facilitated the Rapid Assessment Study by the ILO, and has participated in tripartite workshops sponsored by the ILO for this region. The Committee also notes that the subregional office for the Caribbean is providing support to member States in their fight against child labour and in the effective implementation of the Convention through technical assistance and capacity building in the areas of child labour research, policy formulation and intervention strategies.

Part III of the report form. The Committee notes the Government’s statement that there is no court decision relating to the application of the Convention. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply a copy of the text of these decisions.

Parts IV and V of the report form. The Committee notes the information provided by the Government according to which the matter of child labour and its worst forms is currently before Cabinet. In this regard, the Committee notes the Rapid Assessment Study according to which, of the 189 activities reported, 52 were associated with the worst forms of child labour. There were four reports of sexual exploitation of children through incest, and 35 activities (67 per cent) associated with sexual exploitation through prostitution and pornography. There were also nine (17 per cent) activities associated with illicit activities such as children selling drugs in school as well as on the streets. There were four activities (8 per cent) associated with children in hazardous work (see page 6). The Rapid Assessment states that for the worst forms of child labour, the youngest children were girls aged 12 years, who were sexually exploited through prostitution. There were also schoolgirls posing for nude photographs in exchange for money and food.

The Committee 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, 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. To the extent possible, all information provided should be disaggregated by sex.