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

CMNT_TITLE

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

Repetition

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

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

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

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

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

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

CMNT_TITLE

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

Repetition

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which criminalizes the trafficking of persons for the purposes of labour and sexual exploitation.

The Committee takes due note of the Government’s information in its report that the Transnational Organized Crime (Prevention and Control) Act of 2011 was repealed and replaced by the Trafficking in Persons Prevention Act 2016-9, which contains comprehensive provisions addressing the issue of trafficking. According to section 4, the trafficking of children for labour and sexual exploitation is punishable by a fine of 2 million Barbadian dollars (BBD) (about US$990,099), life imprisonment or both. The Committee notes, however, that according to the Government’s written replies to the list of issues of the Committee on the Elimination of Discrimination against Women (CEDAW) of 2017, since 2015, no new arrests and charges have been made in relation to trafficking (CEDAW/C/BRB/Q/5-8/Add.1, paragraph 52). In its concluding observations of 2017, the CEDAW expressed its concern that Barbados remains both a source and a destination country for women and girls, including non-nationals, who are subjected to trafficking for purposes of sexual exploitation and forced labour, as a result of high unemployment, increasing levels of poverty and the weak implementation of anti-trafficking legislation. The CEDAW was also concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions related to the trafficking of women and girls (CEDAW/C/BRB/CO/5-8, paragraph 25). The Committee on the Rights of the Child (CRC) similarly expressed its concern at the high level of internal trafficking of children, the lack of information on the situation in general and the lack of effective measures to address and prevent the sale and trafficking of children in its concluding observations of 2017 (CRC/C/BRB/CO/2, paragraph 58). The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Prevention Act 2016-9, particularly in relation to the trafficking of children. It also requests the Government to provide information on the application of section 4 of the Act in practice, including the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 4(1) of the Convention. The Government indicated that the formulation of a list of types of hazardous work prohibited to persons under 18 years of age was being considered. The Committee also noted that the Safety and Health at Work Act 2005 entered into force in January 2013 and that draft regulations under the provisions of this were forwarded for comments to the representative employers’ and workers’ organizations.

The Committee notes the Government’s repeated indication that the types of hazardous work prohibited to persons under 18 years of age are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18 years of age. The Committee also notes the Government’s statement that none of the draft regulations under the Safety and Health at Work Act deal with this issue. Considering that it has been referring to this issue since 2004, the Committee must express its deep concern at the absence of a comprehensive list of the types of hazardous work prohibited for children. The Committee once again draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned, and to provide information on any progress made in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

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

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

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

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

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

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

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which criminalizes the trafficking of persons for the purposes of labour and sexual exploitation.

The Committee takes due note of the Government’s information in its report that the Transnational Organized Crime (Prevention and Control) Act of 2011 was repealed and replaced by the Trafficking in Persons Prevention Act 2016-9, which contains comprehensive provisions addressing the issue of trafficking. According to section 4, the trafficking of children for labour and sexual exploitation is punishable by a fine of 2 million Barbadian dollars (BBD) (about US$990,099), life imprisonment or both. The Committee notes, however, that according to the Government’s written replies to the list of issues of the Committee on the Elimination of Discrimination against Women (CEDAW) of 2017, since 2015, no new arrests and charges have been made in relation to trafficking (CEDAW/C/BRB/Q/5-8/Add.1, paragraph 52). In its concluding observations of 2017, the CEDAW expressed its concern that Barbados remains both a source and a destination country for women and girls, including non-nationals, who are subjected to trafficking for purposes of sexual exploitation and forced labour, as a result of high unemployment, increasing levels of poverty and the weak implementation of anti-trafficking legislation. The CEDAW was also concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions related to the trafficking of women and girls (CEDAW/C/BRB/CO/5-8, paragraph 25). The Committee on the Rights of the Child (CRC) similarly expressed its concern at the high level of internal trafficking of children, the lack of information on the situation in general and the lack of effective measures to address and prevent the sale and trafficking of children in its concluding observations of 2017 (CRC/C/BRB/CO/2, paragraph 58).The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Prevention Act 2016-9, particularly in relation to the trafficking of children. It also requests the Government to provide information on the application of section 4 of the Act in practice, including the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 4(1) of the Convention. The Government indicated that the formulation of a list of types of hazardous work prohibited to persons under 18 years of age was being considered. The Committee also noted that the Safety and Health at Work Act 2005 entered into force in January 2013 and that draft regulations under the provisions of this were forwarded for comments to the representative employers’ and workers’ organizations.

The Committee notes the Government’s repeated indication that the types of hazardous work prohibited to persons under 18 years of age are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18 years of age. The Committee also notes the Government’s statement that none of the draft regulations under the Safety and Health at Work Act deal with this issue. Considering that it has been referring to this issue since 2004, the Committee must express its deepconcern at the absence of a comprehensive list of the types of hazardous work prohibited for children. The Committee once again draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).The Committee therefore urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned, and to provide information on any progress made in this regard.

The Committee is raising other matters 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.

CMNT_TITLE

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

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

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

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

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

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

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

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which criminalizes the trafficking of persons for the purposes of labour and sexual exploitation.

The Committee takes due note of the Government’s information in its report that the Transnational Organized Crime (Prevention and Control) Act of 2011 was repealed and replaced by the Trafficking in Persons Prevention Act 2016-9, which contains comprehensive provisions addressing the issue of trafficking. According to section 4, the trafficking of children for labour and sexual exploitation is punishable by a fine of 2 million Barbadian dollars (BBD) (about US$990,099), life imprisonment or both. The Committee notes, however, that according to the Government’s written replies to the list of issues of the Committee on the Elimination of Discrimination against Women (CEDAW) of 2017, since 2015, no new arrests and charges have been made in relation to trafficking (CEDAW/C/BRB/Q/5-8/Add.1, paragraph 52). In its concluding observations of 2017, the CEDAW expressed its concern that Barbados remains both a source and a destination country for women and girls, including non-nationals, who are subjected to trafficking for purposes of sexual exploitation and forced labour, as a result of high unemployment, increasing levels of poverty and the weak implementation of anti-trafficking legislation. The CEDAW was also concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions related to the trafficking of women and girls (CEDAW/C/BRB/CO/5-8, paragraph 25). The Committee on the Rights of the Child (CRC) similarly expressed its concern at the high level of internal trafficking of children, the lack of information on the situation in general and the lack of effective measures to address and prevent the sale and trafficking of children in its concluding observations of 2017 (CRC/C/BRB/CO/2, paragraph 58). The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Prevention Act 2016-9, particularly in relation to the trafficking of children. It also requests the Government to provide information on the application of section 4 of the Act in practice, including the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 4(1) of the Convention. The Government indicated that the formulation of a list of types of hazardous work prohibited to persons under 18 years of age was being considered. The Committee also noted that the Safety and Health at Work Act 2005 entered into force in January 2013 and that draft regulations under the provisions of this were forwarded for comments to the representative employers’ and workers’ organizations.

The Committee notes the Government’s repeated indication that the types of hazardous work prohibited to persons under 18 years of age are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18 years of age. The Committee also notes the Government’s statement that none of the draft regulations under the Safety and Health at Work Act deal with this issue. Considering that it has been referring to this issue since 2004, the Committee must express its deep concern at the absence of a comprehensive list of the types of hazardous work prohibited for children. The Committee once again draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned, and to provide information on any progress made in this regard.

The Committee is raising other matters 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.

CMNT_TITLE

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

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

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

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

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

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

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Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which criminalizes the trafficking of persons for the purposes of labour and sexual exploitation.

The Committee takes due note of the Government’s information in its report that the Transnational Organized Crime (Prevention and Control) Act of 2011 was repealed and replaced by the Trafficking in Persons Prevention Act 2016-9, which contains comprehensive provisions addressing the issue of trafficking. According to section 4, the trafficking of children for labour and sexual exploitation is punishable by a fine of 2 million Barbadian dollars (BBD) (about US$990,099), life imprisonment or both. The Committee notes, however, that according to the Government’s written replies to the list of issues of the Committee on the Elimination of Discrimination against Women (CEDAW) of 2017, since 2015, no new arrests and charges have been made in relation to trafficking (CEDAW/C/BRB/Q/5-8/Add.1, paragraph 52). In its concluding observations of 2017, the CEDAW expressed its concern that Barbados remains both a source and a destination country for women and girls, including non-nationals, who are subjected to trafficking for purposes of sexual exploitation and forced labour, as a result of high unemployment, increasing levels of poverty and the weak implementation of anti-trafficking legislation. The CEDAW was also concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions related to the trafficking of women and girls (CEDAW/C/BRB/CO/5-8, paragraph 25). The Committee on the Rights of the Child (CRC) similarly expressed its concern at the high level of internal trafficking of children, the lack of information on the situation in general and the lack of effective measures to address and prevent the sale and trafficking of children in its concluding observations of 2017 (CRC/C/BRB/CO/2, paragraph 58). The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Prevention Act 2016-9, particularly in relation to the trafficking of children. It also requests the Government to provide information on the application of section 4 of the Act in practice, including the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 4(1) of the Convention. The Government indicated that the formulation of a list of types of hazardous work prohibited to persons under 18 years of age was being considered. The Committee also noted that the Safety and Health at Work Act 2005 entered into force in January 2013 and that draft regulations under the provisions of this were forwarded for comments to the representative employers’ and workers’ organizations.

The Committee notes the Government’s repeated indication that the types of hazardous work prohibited to persons under 18 years of age are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18 years of age. The Committee also notes the Government’s statement that none of the draft regulations under the Safety and Health at Work Act deal with this issue. Considering that it has been referring to this issue since 2004, the Committee must express its deep concern at the absence of a comprehensive list of the types of hazardous work prohibited for children. The Committee once again draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned, and to provide information on any progress made in this regard.

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

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Articles 3(d) and 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 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138). The Committee also draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. 1. Informal economy. The Committee previously noted the Government’s indication that the number of inspectors in the Safety and Health Section of the Labour Department has increased from four to nine, resulting in heightened vigilance within all industries covered by existing legislation. The Government indicated that Officers carrying out routine inspections are required to determine whether any young persons are employed within such undertakings. The Committee further observed that these inspections only appear to cover enterprises in the formal economy and that children engaged in the informal economy appear to be beyond the reach of these inspections.

The Committee notes the Government’s statement that economic constraints have not allowed the capacity strengthening of the labour inspectors within the Labour Department. The Committee further notes, with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), that the scope of application of the Safety and Health at Work Act (SHAW) 2005 which entered into force in January 2013 is wider, covering not only factories, but also agricultural enterprises. The Committee requests the Government to redouble its efforts to monitor and combat the worst forms of child labour in the informal economy. In this respect, the Committee encourages the Government to consider taking concrete measures to strengthen the capacity and expand the reach of the Safety and Health Officers of the Labour Department so that they can monitor the worst forms of child labour in the informal economy.

2. Collaboration between inspection services and law enforcement officials. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years were being abused in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and indicated that the inspection and monitoring systems should be strengthened. The Committee also noted the Government’s statement that consideration was being given to having labour officers visit areas such as red light districts (with the necessary support from law enforcement officials). The Committee further noted the Government’s statement that it recognizes the need for greater collaboration between the police and the Labour Department. Noting the absence of information on this point in the Government’s report, the Committee once again encourages the Government to take the necessary measures to increase cooperation between the Royal Barbados Police Service and the Ministry of Labour for improved monitoring of the worst forms of child labour. It also requests the Government to provide information on initiatives to have labour officers (with the assistance of law enforcement officials) visit areas such as red light districts, to detect and combat the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of trafficking. The Committee previously noted the Government’s statement that it has limited information available on the trafficking of children and their rehabilitation, and that there remain problems in identifying and reporting cases. However, the Committee also noted that, pursuant to section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, a person who is convicted of trafficking may be ordered to pay restitution to the victim and that this restitution may include (pursuant to section 13(4)) costs of medical and psychological treatment as well as costs of rehabilitation. The Committee further noted that the Bureau of Gender Affairs is in the process of developing a protocol which will seek to intervene in cases of trafficking and offer treatment to victims of this crime.

The Committee notes the Government’s indications that a National Task Force on the Prevention of Trafficking of Persons has been established to coordinate the Government’s response to prevention, detection and prosecutions in cases of child trafficking. The Government also indicates that no written protocol has been developed yet to facilitate inter-agency operations. The Committee finally notes the Government’s statement that in 2013, there was one case involving child trafficking which is still before the court. It mentions that there is no record of any victim of trafficking being provided with restitution in the form of costs for medical and psychological treatment as well as rehabilitation. The Committee requests the Government to provide information on the application in practice of section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, particularly regarding any child victims of trafficking who have received restitution in the form of costs for medical and psychological treatment as well for rehabilitation. In addition, the Committee requests the Government to provide information on the development and implementation of the protocol regarding the treatment of victims of trafficking.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. The Committee observed that the last study conducted on this subject in Barbados was in 2002, and that this study found the presence of several of the worst forms of child labour in Barbados.

The Committee notes the Government’s indication that it has not been able to gather any data on the nature and trends of the worst forms of child labour in Barbados. Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to step up its efforts to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Barbados, is made available in the near future. To the extent possible, all information provided should be disaggregated by sex and age.

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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

Articles 3(d) and 4(1) of the Convention. Determination of hazardous work. The Committee previously noted the Government’s indication that a list of the types of hazardous work had been adopted by the Ministry of Labour. The Committee noted that this list included, inter alia, work in construction and welding where stringent health and safety guidelines are not followed; work underground, underwater, at dangerous heights or in confined spaces; work involving the use of dangerous chemicals; work in the agricultural sector which exposes children to dangerous conditions; and work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads. The Committee requested the Government to indicate if this list of the types of hazardous work was included in any legislation or regulations.

The Committee notes the Government’s indication that the types of hazardous work in the previously provided list are addressed in specific pieces of legislation, such as the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that several of these pieces of legislation do not appear to address hazardous work, and that provisions of the Employment (Miscellaneous Provisions) Act do not encompass the tasks enumerated in the previously provided list (addressing only certain processes for the production of lead). The Committee also notes the Government’s indication that, pursuant to section 74 of the Factories Act, a labour inspector may decide that a type of work performed by young persons in a factory is injurious to their health, and that the Chief Labour Officer may subsequently require the employer to discontinue this hazardous work. However, the Committee observes that this case-by-case determination, on the opinion of the labour inspector, does not meet the requirements in Article 4(1) whereby the competent authority shall determine the types of 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. While this practice will contribute to the removal of a child from hazardous work once detected, it does not prevent a child from becoming engaged in such a hazardous activity in the first place. Therefore, the Committee urges the Government to take the necessary measures to ensure that a list of types of hazardous work prohibited to persons under the age of 18 is adopted in national legislation in the near future.

Article 5. Monitoring mechanisms. 1. Informal sector. The Committee previously noted the Government’s indication that during 2007 the number of inspectors in the Safety and Health Section of the Labour Department was increased from four to nine. The Government also indicated that labour officers did not ordinarily encounter the worst forms of child labour during routine inspections due to the hidden nature of the phenomenon.

The Committee notes the Government’s indication that the increase in the number of Safety and Health Officers in the Labour Department has resulted in heightened vigilance within all industries covered by existing legislation, including construction, manufacturing, agriculture and industrial undertakings. The Government indicates that Officers carrying out routine inspections are required to determine whether any young persons are employed within such undertakings. However, the Committee observes that these inspections only appear to cover enterprises in the formal economy and that children engaged in the informal economy appear to be beyond the reach of these inspections. In this regard, the Committee notes the Government’s indication that the occurrence of the worst forms of child labour in Barbados is likely to be in the informal sector. The Committee, therefore, requests the Government to redouble its efforts to monitor and combat the worst forms of child labour in the informal sector. In this respect, the Committee encourages the Government to consider taking concrete measures to strengthen the capacity and expand the reach of the Safety and Health Officers of the Labour Department into the informal economy, to address the worst forms of child labour in this sector.

2. Collaboration between inspection services and law enforcement officials. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years were being abused in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and indicated that the inspection and monitoring systems should be strengthened. The Committee also noted the Government’s statement that consideration was being given to having labour officers visit areas such as red light districts (with the necessary support from law enforcement officials). The Committee further noted the information from “A review of child labour laws of Barbados – A guide to legislative reform” (issued by the ILO in June 2005) that there is a need to strengthen the monitoring of child labour in Barbados, particularly through greater institutionalized collaboration between the Royal Barbados Police Service and the Ministry of Labour.

The Committee notes the Government’s statement in its report that it recognizes the need for greater collaboration between the Police and the Labour Department. The Committee encourages the Government to take the necessary measures to increase cooperation between Royal Barbados Police Service and the Ministry of Labour for improved monitoring of the worst forms of child labour. It also requests the Government to provide information on initiatives to have labour officers (with the assistance of law enforcement officials) visit areas such as red light districts, to detect and combat the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of trafficking. The Committee previously noted the Government’s statement that in cases where there is evidence of the trafficking of children, measures have been put in place to send the child for rehabilitation. However, the Committee also noted the statement in an IOM report that “[t]here are presently no alternatives for dealing with possible victims [of trafficking] other than deportation, whereas there should be provisions in place for their immediate protection and voluntary return”.

The Committee notes the Government’s statement that it has limited information available on this topic, and that there remains problems in identifying and reporting cases. However, the Committee also notes that, pursuant to section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, a person who is convicted of trafficking may be ordered to pay restitution to the victim and that this restitution may include (pursuant to section 13(4)) costs of medical and psychological treatment as well as costs of rehabilitation. Moreover, the Committee notes the information in the Government’s report submitted to the Universal Periodic Review of 16 September 2008, that the Bureau of Gender Affairs is in the process of developing a protocol which will seek to intervene in cases of trafficking and offer treatment to victims of this crime (A/HRC/WG.6/3/BRB/1, paragraph 65). The Committee requests the Government to provide information on the application in practice of section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, particularly regarding any child victims of trafficking who have received restitution in the form of costs for medical and psychological treatment as well for rehabilitation. In addition, the Committee requests the Government to provide information on the development and implementation of the protocol regarding treatment of victims of trafficking, in its next report.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that a large scale research project is required, but that the Ministry of Labour had not yet been able to secure funds for such research. However, the Government indicated that a common survey instrument for various agencies whose work related to the elimination of the worst forms of child labour was finalized in late 2006, but that little information had yet been found. The Committee requested the Government to provide information on the findings of this survey once further data were collected.

The Committee notes the information in the Government’s report that this survey was to be administered in all social agencies and in schools, as needed. However, the Committee notes the Government’s statement that the survey is administered on a case-by-case basis and that finding information related to the worst forms of child labour remains a difficult task, due to, inter alia, confidentiality clauses regarding the operations of social work and legal institutions. The Committee observes that the last study conducted on this subject in Barbados was in 2002, and that this study found the presence of several of the worst forms of child labour in Barbados. Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to step up its efforts to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Barbados, is made available in the near future. To the extent possible, all information provided should be disaggregated by sex and age.

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appeared to be no legal provisions in Barbados that specifically prohibited the trafficking of children under the age of 18 years. It requested the Government to take measures to ensure such a prohibition, in conformity with Article 3(a) of the Convention.

The Committee notes with interest the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which prohibits the trafficking of persons for the purposes of labour and sexual exploitation. The Committee also notes that section 13(1)(a) of the Transnational Organized Crime (Prevention and Control) Act provides that if the trafficking victim is a child (defined in section 2(1) as all persons under 18), the perpetrator is liable to life imprisonment.

Article 3, clause (d), and Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that a list of the types of hazardous work had been adopted by the Ministry of Labour. The Committee noted that this list included, inter alia, work in construction and welding where stringent health and safety guidelines are not followed; work underground, underwater, at dangerous heights or in confined spaces; work involving the use of dangerous chemicals; work in the agricultural sector which exposes children to dangerous conditions; and work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads. The Committee requested the Government to indicate if this list of the types of hazardous work was included in any legislation or regulations.

The Committee notes the Government’s indication that the types of hazardous work in the previously provided list are addressed in specific pieces of legislation, such as the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that several of these pieces of legislation do not appear to address hazardous work, and that provisions of the Employment (Miscellaneous Provisions) Act do not encompass the tasks enumerated in the previously provided list (addressing only certain processes for the production of lead). The Committee also notes the Government’s indication that, pursuant to section 74 of the Factories Act, a labour inspector may decide that a type of work performed by young persons in a factory is injurious to their health, and that the Chief Labour Officer may subsequently require the employer to discontinue this hazardous work. However, the Committee observes that this case-by-case determination, on the opinion of the labour inspector, does not meet the requirements in Article 4(1) whereby the competent authority shall determine the types of 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. While this practice will contribute to the removal of a child from hazardous work once detected, it does not prevent a child from becoming engaged in such a hazardous activity in the first place. Therefore, the Committee urges the Government to take the necessary measures to ensure that a list of types of hazardous work prohibited to persons under the age of 18 is adopted in national legislation in the near future.

Article 5. Monitoring mechanisms. Informal sector. The Committee previously noted the Government’s indication that during 2007 the number of inspectors in the Safety and Health Section of the Labour Department was increased from four to nine. The Government also indicated that labour officers did not ordinarily encounter the worst forms of child labour during routine inspections due to the hidden nature of the phenomenon.

The Committee notes the Government’s indication that the increase in the number of Safety and Health Officers in the Labour Department has resulted in heightened vigilance within all industries covered by existing legislation, including construction, manufacturing, agriculture and industrial undertakings. The Government indicates that Officers carrying out routine inspections are required to determine whether any young persons are employed within such undertakings. However, the Committee observes that these inspections only appear to cover enterprises in the formal economy and that children engaged in the informal economy appear to be beyond the reach of these inspections. In this regard, the Committee notes the Government’s indication that the occurrence of the worst forms of child labour in Barbados is likely to be in the informal sector. The Committee, therefore, requests the Government to redouble its efforts to monitor and combat the worst forms of child labour in the informal sector. In this respect, the Committee encourages the Government to consider taking concrete measures to strengthen the capacity and expand the reach of the Safety and Health Officers of the Labour Department into the informal economy, to address the worst forms of child labour in this sector.

Collaboration between inspection services and law enforcement officials. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years were being abused in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and indicated that the inspection and monitoring systems should be strengthened. The Committee also noted the Government’s statement that consideration was being given to having labour officers visit areas such as red light districts (with the necessary support from law enforcement officials). The Committee further noted the information from “A review of child labour laws of Barbados – A guide to legislative reform” (issued by the ILO in June 2005) that there is a need to strengthen the monitoring of child labour in Barbados, particularly through greater institutionalized collaboration between the Royal Barbados Police Service and the Ministry of Labour.

The Committee notes the Government’s statement in its report that it recognizes the need for greater collaboration between the Police and the Labour Department. The Committee encourages the Government to take the necessary measures to increase cooperation between Royal Barbados Police Service and the Ministry of Labour for improved monitoring of the worst forms of child labour. It also requests the Government to provide information on initiatives to have labour officers (with the assistance of law enforcement officials) visit areas such as red light districts, to detect and combat the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the Ministry of Labour had undertaken several projects to sensitize the public on the worst forms of child labour, including a mass media campaign in collaboration with UNICEF, launched in 2008.

The Committee notes the Government’s statement in its report that it is continuing to implement the mass media sensitization programme to raise greater public awareness regarding the worst forms of child labour. In addition, the Government indicates that the Child Labour Committee continues to work with social agencies, law enforcement officials, non-governmental organizations (NGOs) and other relevant agencies to tackle the issue of child labour on the island.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of trafficking. The Committee previously noted the Government’s statement that in cases where there is evidence of the trafficking of children, measures have been put in place to send the child for rehabilitation. However, the Committee also noted the statement in an IOM report that “[t]here are presently no alternatives for dealing with possible victims [of trafficking] other than deportation, whereas there should be provisions in place for their immediate protection and voluntary return”.

The Committee notes the Government’s statement that it has limited information available on this topic, and that there remains problems in identifying and reporting cases. However, the Committee also notes that, pursuant to section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, a person who is convicted of trafficking may be ordered to pay restitution to the victim and that this restitution may include (pursuant to section 13(4)) costs of medical and psychological treatment as well as costs of rehabilitation. Moreover, the Committee notes the information in the Government’s report submitted to the Universal Periodic Review of 16 September 2008, that the Bureau of Gender Affairs is in the process of developing a protocol which will seek to intervene in cases of trafficking and offer treatment to victims of this crime (A/HRC/WG.6/3/BRB/1, paragraph 65). The Committee requests the Government to provide information on the application in practice of section 13(3) of the Transnational Organized Crime (Prevention and Control) Act, 2011, particularly regarding any child victims of trafficking who have received restitution in the form of costs for medical and psychological treatment as well for rehabilitation. In addition, the Committee requests the Government to provide information on the development and implementation of the protocol regarding treatment of victims of trafficking, in its next report.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that a large scale research project is required, but that the Ministry of Labour had not yet been able to secure funds for such research. However, the Government indicated that a common survey instrument for various agencies whose work related to the elimination of the worst forms of child labour was finalized in late 2006, but that little information had yet been found. The Committee requested the Government to provide information on the findings of this survey once further data was collected.

The Committee notes the information in the Government’s report that this survey was to be administered in all social agencies and in schools, as needed. However, the Committee notes the Government’s statement that the survey is administered on a case-by-case basis and that finding information related to the worst forms of child labour remains a difficult task, due to, inter alia, confidentiality clauses regarding the operations of social work and legal institutions. The Committee observes that the last study conducted on this subject in Barbados was in 2002, and that this study found the presence of several of the worst forms of child labour in Barbados. Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to step up its efforts to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Barbados, is made available in the near future. To the extent possible, all information provided should be disaggregated by sex and age.

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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 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children under the age of 18 years. It had noted that, by virtue of section 35(3) of the Offences against the Person Act of 1994, it is an offence for any person to send away, carry away or cause or procure to be sent or carried away from Barbados a child under 16 years of age, for the purpose of employment in any other place without the knowledge of the parent or parents or the person having the care, charge or custody of that child. The Committee had repeated its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age. The Committee noted the Exploratory Assessment of Trafficking in Persons in the Caribbean Region issued by the International Organization for Migration in 2005 that found that some level of human trafficking existed in Barbados, in the areas of sexual exploitation and domestic servitude (page 57). The Committee recalled once again that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. It therefore repeats its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age, in conformity with Article 3(a) of the Convention.

Article 3, clause (d), and Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s information that a subcommittee was launched in 2005 to develop a list of dangerous work to be prohibited for children under 18 years of age. The Committee hoped that, in determining the types of work to be considered as hazardous, due consideration would be given to relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee asked the Government to provide a copy of the list of the types of hazardous work as soon as it was adopted. The Committee noted the list of the types of hazardous work, provided by the Government in its report, which has been adopted by the Ministry of Labour. This list includes:

–      work in construction and welding where stringent health and safety guidelines are not followed;

–      work underground, underwater, at dangerous heights or in confined spaces;

–      work involving the use of dangerous chemicals;

–      work in the agricultural sector which exposes children to dangerous conditions;

–      work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads;

–      work in the information/communications sector where ergonomic practices are non-existent or below the required standard;

–      work such as commercial sexual exploitation which exposes children to physical, psychological or sexual abuse.

The Committee also noted the Government’s information that employers’ and workers’ organizations were consulted in the development of this list. The Committee requests the Government to indicate if this list of the types of hazardous work has been included in any legislation or regulations and to indicate what penalties exist for employers found to be employing minors in these prohibited types of work.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years are being abused within the definition of the worst forms of child labour in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and that the union considers that the inspection and monitoring systems should be more fully strengthened and empowered to prosecute where there is evidence that minors are being procured for illicit activities. The Committee further recalled the ILO “Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” of December 2002, which states that, despite the strong policy and legal framework, monitoring strategies appear to be inadequate, and that the establishment of a centralized database of reports across related sectors such as education, health, social services and probation, the police and justice system could provide better surveillance. The Committee requested the Government to provide information on measures taken or envisaged to strengthen labour inspection mechanisms in practice. The Committee noted the information in the Government’s report that, during 2007, the number of inspectors in the Safety and Health Section of the Labour Department was increased from four to nine. The Committee also noted the Government’s statement that labour officers do not ordinarily encounter the worst forms of child labour during routine inspections due to the hidden nature of the phenomenon. The Committee further noted the Government’s statement that consideration is being given to having labour officers visit areas such as red light districts (with necessary support from law enforcement). Finally, the Committee noted the indication in “A review of child labour laws of Barbados – A guide to legislative reform” issued by the ILO in June 2005 that there is the need to strengthen the monitoring of child labour in Barbados, particularly through greater institutionalized collaboration between the Royal Barbados Police Service and the Ministry of Labour in order to enhance surveillance and detection of the worst forms of child labour. The Committee requests the Government to provide information on the impact that the 2007 increase of the number of inspectors in the Safety and Health Section has had on improving the Labour Department’s capacity to detect cases of child labour with a view to removing these children from the worst forms of child labour. The Committee further requests the Government to provide extracts from the inspection services regarding children and young persons under the age of 18, as well as information on the number and nature of the contraventions reported and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados had prepared a National Plan of Action which, among other subjects, includes: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. The Committee requested the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour. The Committee noted the Government’s indication that the Child Care Board’s National Plan of Action is not yet off the ground. The Committee nevertheless noted that the Ministry of Labour has undertaken several projects to sensitize the public to the worst forms of child labour, including a mass media campaign in collaboration with UNICEF, launched on 12 June 2008 (the International Day against Child Labour). The Committee noted that this campaign has dual goals of sensitizing the public about what constitutes child labour and to raise public awareness that child labour, in its worse forms or otherwise, is a violation of children’s rights. The Committee noted the Government’s indication that this campaign includes materials such as brochures, posters, jingles and dramatic presentations on DVD. The Committee requests the Government to provide information on the Child Care Board’s National Plan of Action and its impact in eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Victims of trafficking. The Committee noted the Government’s statement that in cases where there is evidence of the trafficking of children, measures have been put in place to send the child for rehabilitation. The Committee noted the statement in the IOM report that “[t]here are presently no alternatives for dealing with possible victims [of trafficking] other than deportation, whereas there should be provisions in place for their immediate protection and voluntary return. The present system further victimizes the victim” (page 54). The Committee requests the Government to provide information on effective and time-bound measures taken to address the situation of children who have been the victims of trafficking, including measures to send such children to rehabilitation programmes.

Parts IV and V of the report form. Practical application of the Convention. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that, at this stage, Barbados is applying the Convention in a general way because of the lack of research data. The Committee noted the Government’s information that the worst forms of child labour relate to the sexual exploitation of children, and that it is difficult to respond to queries about the commercial sexual exploitation of children since the Ministry of Labour and Social Security has to be informed by solid research, which is lacking. The Committee noted that budgetary constraints have not enabled the Ministry to embark on this research. It further noted the Government’s indication that the Ministry of Labour and Social Security would do whatever it could with the resources at its disposal to address the issue of child labour. The Committee again noted the Government’s indication that a large scale research project is required to determine the extent of the phenomenon of child labour, but that the Ministry of Labour has not yet been able to secure funds for such research. The Committee noted the Government’s statement that it decided that a common survey instrument should be adopted by the various agencies whose work related to the elimination of the worst forms of child labour, because there was a lack of administrative records on the matter. The Committee noted that a survey was finalized in late 2006, and that according to the various social agencies that have used the survey form, little information has been unearthed. The Committee requests the Government to provide information on the findings of this survey once further data is collected.

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children under the age of 18 years. It had noted that, by virtue of section 35(3) of the Offences against the Person Act of 1994, it is an offence for any person to send away, carry away or cause or procure to be sent or carried away from Barbados a child under 16 years of age, for the purpose of employment in any other place without the knowledge of the parent or parents or the person having the care, charge or custody of that child. The Committee had repeated its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age. The Committee notes the Exploratory Assessment of Trafficking in Persons in the Caribbean Region issued by the International Organization for Migration in 2005  that found that some level of human trafficking existed in Barbados, in the areas of sexual exploitation and domestic servitude (page 57). The Committee recalls once again that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. It therefore repeats its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age, in conformity with Article 3(a) of the Convention.

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. The Committee previously noted the Government’s information that a subcommittee was launched in 2005 to develop a list of dangerous work to be prohibited for children under 18 years of age. The Committee hoped that, in determining the types of work to be considered as hazardous, due consideration would be given to relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee asked the Government to provide a copy of the list of the types of hazardous work as soon as it was adopted. The Committee now notes the list of the types of hazardous work, provided by the Government in its report, which has been adopted by the Ministry of Labour. This list includes:

–           work in construction and welding where stringent health and safety guidelines are not followed;

–           work underground, underwater, at dangerous heights or in confined spaces;

–           work involving the use of dangerous chemicals;

–           work in the agricultural sector which exposes children to dangerous conditions;

–           work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads;

–           work in the information/communications sector where ergonomic practices are non-existent or below the required standard;

–           work such as commercial sexual exploitation which exposes children to physical, psychological or sexual abuse.

The Committee also notes the Government’s information that employers’ and workers’ organizations were consulted in the development of this list. The Committee requests the Government to indicate if this list of the types of hazardous work has been included in any legislation or regulations and to indicate what penalties exist for employers found to be employing minors in these prohibited types of work.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years are being abused within the definition of the worst forms of child labour in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and that the union considers that the inspection and monitoring systems should be more fully strengthened and empowered to prosecute where there is evidence that minors are being procured for illicit activities. The Committee further recalled the ILO “Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” of December 2002, which states that, despite the strong policy and legal framework, monitoring strategies appear to be inadequate, and that the establishment of a centralized database of reports across related sectors such as education, health, social services and probation, the police and justice system could provide better surveillance. The Committee requested the Government to provide information on measures taken or envisaged to strengthen labour inspection mechanisms in practice. The Committee notes the information in the Government’s report that, during 2007, the number of inspectors in the Safety and Health Section of the Labour Department was increased from four to nine. The Committee also notes the Government’s statement that labour officers do not ordinarily encounter the worst forms of child labour during routine inspections due to the hidden nature of the phenomenon. The Committee further notes the Government’s statement that consideration is being given to having labour officers visit areas such as red light districts (with necessary support from law enforcement). Finally, the Committee notes the indication in “A review of child labour laws of Barbados – A guide to legislative reform” issued by the ILO in June 2005 that there is the need to strengthen the monitoring of child labour in Barbados, particularly through greater institutionalized collaboration between the Royal Barbados Police Service and the Ministry of Labour in order to enhance surveillance and detection of the worst forms of child labour. The Committee requests the Government to provide information on the impact that the 2007 increase of the number of inspectors in the Safety and Health Section has had on improving the Labour Department’s capacity to detect cases of child labour with a view to removing these children from the worst forms of child labour. The Committee further requests the Government to provide extracts from the inspection services regarding children and young persons under the age of 18, as well as information on the number and nature of the contraventions reported and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados had prepared a National Plan of Action which, among other subjects, includes: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. The Committee requested the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour. The Committee notes the Government’s indication that the Child Care Board’s National Plan of Action is not yet off the ground. The Committee nevertheless notes that the Ministry of Labour has undertaken several projects to sensitize the public to the worst forms of child labour, including a mass media campaign in collaboration with UNICEF, launched on 12 June 2008 (the International Day against Child Labour). The Committee notes that this campaign has dual goals of sensitizing the public about what constitutes child labour and to raise public awareness that child labour, in its worse forms or otherwise, is a violation of children’s rights. The Committee notes the Government’s indication that this campaign includes materials such as brochures, posters, jingles and dramatic presentations on DVD. The Committee requests the Government to provide information on the Child Care Board’s National Plan of Action and its impact in eliminating the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s indication that, in March 2005, a concept paper on an education programme on child labour was finalized for selected interest groups, such as guidance counsellors, teachers, parents, children, media, law enforcement officers, community groups and churches. The training included the use of the ILO–IPEC SCREAM methodology, which aims to inform young people about the injustices that exist with the focus on child labour so that they in turn can speak out against child labour. The Committee requested the Government to provide further information on the education programme. The Committee notes the Government’s information that this training took place in 2006–07 in the form of workshops. The goals of this workshop were to understand the concept of child labour (in order to facilitate public education), to identify cases of child labour and to outline the dangers of child labour. The Committee notes this information.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the Government’s indication that Barbados has engaged in a number of poverty alleviation programmes and that measures have been introduced to create an environment to support economic growth and development. The Committee had requested the Government to supply information on any notable impact of the poverty alleviation programmes introduced by the Government on removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes the Government’s information on the Government’s programmes focusing on poverty reduction. The Committee notes that as of June 2008, 1,591 females and 1,594 males under the age of 16 were receiving national assistance from the Welfare Department. The Committee notes that the Welfare Department also provides educational assistance to students (including assisting in the waiving of fees) and helps poorer households with the payment of rent, utilities and groceries, which benefits children in these households. The Committee notes the information in the Government’s report on the activities of the Poverty Alleviation Bureau, which includes poverty eradication activities at the individual and household level, as well as a new Constituency Empowerment Programme which will facilitate the collection of information on poverty, the identification of needy households and the provision of community based solutions to poverty alleviation.

Clause (d). Identifying and reaching out to children at special risk. 1.  Child victims and orphans of HIV/AIDS. The Committee had previously noted that, according to the ILO Rapid Assessment study, the country’s HIV/AIDS status is of special importance because of the risks associated with the commercial sexual exploitation of children, and the impact of the pandemic on the family. The Committee had requested the Government to provide information on measures taken or envisaged to address the situation of these children. The Committee notes the Government’s statement that there are no specific programmes designed to target children at risk and children who are victims of the HIV/AIDS pandemic. The Committee notes the Government’s indication that it established the National HIV/AIDS Commission in May 2001, and that the National Commission’s mandate includes prevention programmes, policy development, project management, care and support, and monitoring and evaluation of all aspects of the National AIDS Programme. The Committee notes that the Ministry of Health programme offers anti-retroviral therapy free of cost, with comprehensive services that address the clients’ medical, social and psychological needs. The Committee also notes the Government’s indication that this programme allows parents to have longer and more supportive relationships with their children, and effectively reduces the number of orphans in Barbados. The Committee notes the information provided in the Government’s February 2008 report for United Nations General Assembly Special Session on HIV/AIDS (“UNGASS Report”) that there were an estimated 244 orphans in Barbados due to AIDS deaths in 2006. The UNGASS report also indicates that the school attendance rate of these orphans was equal to that of non-orphaned children, and that the Government provides all orphaned and other vulnerable children with basic external support. The Committee notes this information.

2. Victims of trafficking. The Committee notes the Government’s statement that in cases where there is evidence of the trafficking of children, measures have been put in place to send the child for rehabilitation. The Committee notes the statement in the IOM report that “[t]here are presently no alternatives for dealing with possible victims [of trafficking] other than deportation, whereas there should be provisions in place for their immediate protection and voluntary return. The present system further victimizes the victim” (page 54). The Committee requests the Government to provide information on effective and time-bound measures taken to address the situation of children who have been the victims of trafficking, including measures to send such children to rehabilitation programmes.

Parts IV and V of the report form. Practical application of the Convention. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that, at this stage, Barbados is applying the Convention in a general way because of the lack of research data. The Committee noted the Government’s information that the worst forms of child labour relate to the sexual exploitation of children, and that it is difficult to respond to queries about the commercial sexual exploitation of children since the Ministry of Labour and Social Security has to be informed by solid research, which is lacking. The Committee noted that budgetary constraints have not enabled the Ministry to embark on this research. It further noted the Government’s indication that the Ministry of Labour and Social Security would do whatever it could with the resources at its disposal to address the issue of child labour. The Committee again notes the Government’s indication that a large scale research project is required to determine the extent of the phenomenon of child labour, but that the Ministry of Labour has not yet been able to secure funds for such research. The Committee notes the Government’s statement that it decided that a common survey instrument should be adopted by the various agencies whose work related to the elimination of the worst forms of child labour, because there was a lack of administrative records on the matter. The Committee notes that a survey was finalized in late 2006, and that according to the various social agencies that have used the survey form, little information has been unearthed. The Committee requests the Government to provide information on the findings of this survey once further data is collected.

 

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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 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children under the age of 18 years. It noted the Government’s information that in 2004, a study was undertaken on the harmonization of legislation in Barbados with regard to child labour, including its worst forms. The study makes some recommendations pertaining to relevant amendment of legislation, which will be discussed with stakeholders before action is taken. The Committee requested the Government to indicate whether that study includes the issue of sale and trafficking in children and, if so, to provide information on the measures taken to ensure that the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation is prohibited in the national legislation. The Committee notes the Government’s indication that there is no information at its disposal with regard to the sale and trafficking of children. It recalls once again that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. It therefore repeats its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age, in conformity with Article 3(a) of the Convention.

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted that, according to section 8(1) of the Employment (Miscellaneous Provisions) Act, 1977 (as amended in 2001), no “young person” (defined as a person who has attained the age of 16 years but who has not attained the age of 18 years) may be employed in any industrial undertaking during the night or in any work which, by its nature or the circumstances in which it is done, is likely to cause injury to the health, safety or morals of young persons. Furthermore, as noted in its comments under Convention No. 138, the Committee observed that the Factories Act, 1984, and the Shipping Act, 1994, also make provisions for the health and protection of children and young persons engaged in work in factories and on board ships. The Committee noted the Government’s information that a subcommittee was launched in 2005 to develop a list of dangerous work to be prohibited for children under 18 years of age. It further noted the Government’s hope that the list would be finalized by the end of the year. The Committee notes the Government’s information that this activity is still in progress. It once again trusts that, in determining the types of work to be considered as hazardous, due consideration will be given to relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again asks the Government to provide a copy of the list of the types of hazardous work as soon as it has been adopted.

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

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Child Care Board and the Labour Department are responsible for monitoring child labour, and are empowered to conduct investigations and inspections if a problem of child labour is reported. It further noted the Government’s information that the National Child Labour Committee, which includes members of the employers’ and workers’ organizations, is the monitoring mechanism which implements the provisions giving effect to the Convention. It also noted that much of the work is carried out by its various subcommittees, which have the following responsibilities: education; harmonization of legislation; development of questionnaires on child economic activities; development of a list pertaining to hazardous work and child labour. The Committee requested the Government to provide further information on the functioning and accomplishments of the National Child Labour Committee and its subcommittees, as well as information on the activities of the Child Care Board and labour officers.

The Committee notes the Government’s information that, with respect to the questionnaire on child economic activities, the pilot phase has been completed successfully and the document will be used in 2006. It also notes the Government’s information that inspections are conducted by officers of the labour department under the Shops Act and the Factories Act. These routine inspections are carried out to ensure that employers are complying with the requirements of the legislation. It further notes that no examples of the worst forms of child labour have been discovered during inspections made under the Shops Act, and that, when inspections are carried out under the Factories Act, the officers pay particular attention to ensure that the health and safety of all employees, including young persons, are not compromised.

However, the Committee notes the Government’s indication that the worst forms of child labour will not be unearthed through the labour inspection function. Furthermore, the Barbados Workers’ Union expresses concern that persons under the age of 18 years are being abused within the definition of the worst forms of child labour in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drugs trade. The union considers that the inspection and monitoring systems should be more fully strengthened and empowered to prosecute where there is evidence that minors are being procured for illicit activities. The Committee further recalls the ILO “Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” of December 2002, which states that, despite the strong policy and legal framework, monitoring strategies appear to be inadequate, and that the establishment of a centralized database of reports across related sectors such as education, health, social services and probation, the police and justice system could provide better surveillance. Accordingly, the Committee requests the Government to provide information on measures taken or envisaged to strengthen labour inspection mechanisms in practice. It also requests the Government to provide a copy of the questionnaire on child economic activities from the pilot phase along with its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados prepared a National Plan of Action which, among other subjects, includes: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. It also noted the Government’s indication that, in 2002, the Caribbean Office of the ILO embarked on a project entitled “Identification, elimination and prevention of the worst forms of child labour in the Anglophone- and Dutch-speaking Caribbean”. It also noted that Barbados was one of the countries selected for participation in this programme, which aims to contribute to the elimination of the worst forms of child labour by undertaking policy-oriented research and awareness-raising activities. The Committee requested the Government to provide more detailed information on the achievements and impact of this programme on eliminating the worst forms of child labour. It also requested the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour. Noting the absence of information provided by the Government on this point, the Committee once again requests it to provide information on the achievements and impact of the abovementioned programme. It further repeats its request to the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s indication that, in March 2005, a concept paper on an education programme on child labour was finalized for selected interest groups, such as guidance counsellors, teachers, parents, children, media, law enforcement officers, community groups and churches. The training includes the use of the ILO/IPEC SCREAM methodology, which aims to inform young people about the injustices that exist with the focus on child labour so that they in turn can speak out against child labour. The Committee requested the Government to continue to provide further information on the implementation of this programme. Noting the absence of information by the Government on this point, the Committee repeats its request to the Government to provide further information on the abovementioned education programme.

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

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

Parts IV and V of the report form. Practical application of the Convention. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that, at this stage, Barbados is applying the Convention in a general way because of the lack of research data. The Committee notes the Government’s information that the worst forms of child labour relate to the sexual exploitation of children, and that it is difficult to respond to queries about the commercial sexual exploitation of children since the Ministry of Labour and Social Security has to be informed by solid research, which is lacking. Budgetary constraints have not enabled the Ministry to embark on this research. It further notes the Government’s indication that the Ministry of Labour and Social Security will do whatever it can with the resources at its disposal to address the issue of child labour. Accordingly, the Committee repeats its request to the Government to give an appreciation of the manner in which the Convention is applied. It also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children under the age of 18 years. It noted the Government’s information that in 2004, a study was undertaken on the harmonization of legislation in Barbados with regard to child labour, including its worst forms. The study makes some recommendations pertaining to relevant amendment of legislation, which will be discussed with stakeholders before action is taken. The Committee requested the Government to indicate whether that study includes the issue of sale and trafficking in children and, if so, to provide information on the measures taken to ensure that the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation is prohibited in the national legislation. The Committee notes the Government’s indication that there is no information at its disposal with regard to the sale and trafficking of children. It recalls once again that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. It therefore repeats its request to the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age, in conformity with Article 3(a) of the Convention.

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted that, according to section 8(1) of the Employment (Miscellaneous Provisions) Act, 1977 (as amended in 2001), no “young person” (defined as a person who has attained the age of 16 years but who has not attained the age of 18 years) may be employed in any industrial undertaking during the night or in any work which, by its nature or the circumstances in which it is done, is likely to cause injury to the health, safety or morals of young persons. Furthermore, as noted in its comments under Convention No. 138, the Committee observed that the Factories Act, 1984, and the Shipping Act, 1994, also make provisions for the health and protection of children and young persons engaged in work in factories and on board ships. The Committee noted the Government’s information that a subcommittee was launched in 2005 to develop a list of dangerous work to be prohibited for children under 18 years of age. It further noted the Government’s hope that the list would be finalized by the end of the year. The Committee notes the Government’s information that this activity is still in progress. It once again trusts that, in determining the types of work to be considered as hazardous, due consideration will be given to relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again asks the Government to provide a copy of the list of the types of hazardous work as soon as it has been adopted.

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

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that the Child Care Board and the Labour Department are responsible for monitoring child labour, and are empowered to conduct investigations and inspections if a problem of child labour is reported. It further noted the Government’s information that the National Child Labour Committee, which includes members of the employers’ and workers’ organizations, is the monitoring mechanism which implements the provisions giving effect to the Convention. It also noted that much of the work is carried out by its various subcommittees, which have the following responsibilities: education; harmonization of legislation; development of questionnaires on child economic activities; development of a list pertaining to hazardous work and child labour. The Committee requested the Government to provide further information on the functioning and accomplishments of the National Child Labour Committee and its subcommittees, as well as information on the activities of the Child Care Board and labour officers.

The Committee notes the Government’s information that, with respect to the questionnaire on child economic activities, the pilot phase has been completed successfully and the document will be used in 2006. It also notes the Government’s information that inspections are conducted by officers of the labour department under the Shops Act and the Factories Act. These routine inspections are carried out to ensure that employers are complying with the requirements of the legislation. It further notes that no examples of the worst forms of child labour have been discovered during inspections made under the Shops Act, and that, when inspections are carried out under the Factories Act, the officers pay particular attention to ensure that the health and safety of all employees, including young persons, are not compromised.

However, the Committee notes the Government’s indication that the worst forms of child labour will not be unearthed through the labour inspection function. Furthermore, the Barbados Workers’ Union expresses concern that persons under the age of 18 years are being abused within the definition of the worst forms of child labour in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drugs trade. The union considers that the inspection and monitoring systems should be more fully strengthened and empowered to prosecute where there is evidence that minors are being procured for illicit activities. The Committee further recalls the ILO “Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” of December 2002, which states that, despite the strong policy and legal framework, monitoring strategies appear to be inadequate, and that the establishment of a centralized database of reports across related sectors such as education, health, social services and probation, the police and justice system could provide better surveillance. Accordingly, the Committee requests the Government to provide information on measures taken or envisaged to strengthen labour inspection mechanisms in practice. It also requests the Government to provide a copy of the questionnaire on child economic activities from the pilot phase along with its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados prepared a National Plan of Action which, among other subjects, includes: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. It also noted the Government’s indication that, in 2002, the Caribbean Office of the ILO embarked on a project entitled “Identification, elimination and prevention of the worst forms of child labour in the Anglophone- and Dutch-speaking Caribbean”. It also noted that Barbados was one of the countries selected for participation in this programme, which aims to contribute to the elimination of the worst forms of child labour by undertaking policy-oriented research and awareness-raising activities. The Committee requested the Government to provide more detailed information on the achievements and impact of this programme on eliminating the worst forms of child labour. It also requested the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour. Noting the absence of information provided by the Government on this point, the Committee once again requests it to provide information on the achievements and impact of the abovementioned programme. It further repeats its request to the Government to provide information on the National Plan of Action and other action programmes implemented in order to eliminate the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s indication that, in March 2005, a concept paper on an education programme on child labour was finalized for selected interest groups, such as guidance counsellors, teachers, parents, children, media, law enforcement officers, community groups and churches. The training includes the use of the ILO/IPEC SCREAM methodology, which aims to inform young people about the injustices that exist with the focus on child labour so that they in turn can speak out against child labour. The Committee requested the Government to continue to provide further information on the implementation of this programme. Noting the absence of information by the Government on this point, the Committee repeats its request to the Government to provide further information on the abovementioned education programme.

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

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

Parts IV and V of the report form. Practical application of the Convention. In its previous comments, the Committee noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. It also noted the Government’s indication that, at this stage, Barbados is applying the Convention in a general way because of the lack of research data. The Committee notes the Government’s information that the worst forms of child labour relate to the sexual exploitation of children, and that it is difficult to respond to queries about the commercial sexual exploitation of children since the Ministry of Labour and Social Security has to be informed by solid research, which is lacking. Budgetary constraints have not enabled the Ministry to embark on this research. It further notes the Government’s indication that the Ministry of Labour and Social Security will do whatever it can with the resources at its disposal to address the issue of child labour. Accordingly, the Committee repeats its request to the Government to give an appreciation of the manner in which the Convention is applied. It also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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

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

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

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

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

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

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

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that the Constitution of Barbados under article 14(1)(2) declares that no person shall be held in slavery or servitude nor required to perform forced labour. It also notes that, by virtue of section 33 of the Offences Against the Person Act of 1994, anyone who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains any person as a slave against that person’s will, is guilty of an offence. The Committee observes that section 34 of the Offences against the Person Act states that any person who unlawfully compels any person to labour against that person’s will is guilty of an offence. The Committee asks the Government to provide information on the manner in which the prohibitions of slavery and forced labour provided by article 14 of the Constitution and sections 33 and 34 of the Offences against the Person Act of 1994 are applied in practice.

2. Sale and trafficking of children. The Committee notes that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in persons. It notes however that, by virtue of section 35(3) of the Offences against the Person Act of 1994, it is an offence for any person to send away, carry away or cause or procure to be sent or carried away from Barbados a child under 16 years of age, for the purpose of employment in any other place without the knowledge of the parent or parents or the person having the care, charge or custody of that child. The Committee also notes that, according to section 13(a) of the Sexual Offences Act, 1992, a person who procures a minor under 16 years of age to have sexual intercourse with any person either in Barbados or elsewhere, is guilty of an offence. The Committee reminds the Government that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the trafficking of children under 18 years of age for the purposes of sexual or labour exploitation, as well as the sanctions envisaged.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 13(b) and (c) of the Sexual Offences Act, 1992, a person who: procures another for prostitution, whether or not the person procured is already a prostitute, either in Barbados or elsewhere; or procures another to become an inmate of a brothel or to frequent a brothel, whether the person procured is already an inmate of a brothel in Barbados or elsewhere, is guilty of an offence. It also notes that section 15(b) of the Sexual Offences Act states that anyone who detains another against their will in any brothel is guilty of an offence. The Committee notes that section 18 of the Sexual Offences Act lays down provisions to punish anyone who: (a) keeps, manages, or assists in the management of a brothel; (b) being the person in charge of any premises, knowingly permits the premises to be used as a brothel or for the purposes of prostitution; (c) being the lessor or landord of any premises, lets the same or any part thereof with the knowledge that the premises are to be used as a brothel. It also notes that section 19 punishes anyone who knowingly lives wholly or in part on the earnings of prostitution or in any place solicits for immoral purposes; section 20 states that anyone who for purposes of gain, exercises control, direction or influence over the movements of a prostitute in a way which shows that the person is aiding, abetting or compelling the prostitution is guilty of an offence. 

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Protection of Children Act of 1990 offers protection to children under 18 years of age from exploitation in pornography. It notes that, for the purposes of this Act, "child" means a person under the age of 18; "film" includes any form of video-recording; "indecent photograph" includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph that is part of a film that shows children (section 2). The Committee notes that, according to section 3(1) of the Act, a person is guilty of an offence if that person: (a) takes or permits to be taken any indecent photograph of a child; (b) distributes or shows an indecent photograph of a child; (c) possesses indecent photographs of a child whether or not with a view to their being distributed or shown by that person or others; or (d) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows indecent photographs of children or intends to do so. The Committee notes that, by virtue of section 6(1) of the Act, the same offence is punishable if committed by corporations. It further notes that, by virtue of section 3(2), a person is to be regarded as distributing an indecent photograph if that person parts with possession of the photograph, exposes, or offers it for acquisition by another person.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that protection of children from drug abuse is provided by the Drug Abuse (Prevention and Control) Act, 1990. It notes that sections 4 to 17 of the Act lay down provisions relating to unlawful activities related to controlled drugs, such as import and export; production and supply; possession; handling; misuse; acts preparatory to importing; and cultivation. For the purposes of this Act, the expression "controlled drug" means any narcotic drug, or any psychotropic substance listed in the Act. The Committee notes that section 18 provides for the offence of trafficking in a "trafficable quantity" of controlled drugs and it includes the activities of: importing or exporting; supplying; possessing whether in Barbados or elsewhere; managing or being concerned in such activities. This provision shall apply whether or not the controlled drug is in Barbados or is to be imported into Barbados or is ascertained or in existence (section 18(3)). The Committee notes that sections 22 and 23 punish persons who may use, employ or hire children in the drug trade. According to these sections, it constitutes an offence for any person to knowingly and intentionally: (a) employ, hire, use, persuade, entice or coerce a child or a young person to contravene any provision of the Drug Abuse Act; (b) employ, hire, use, persuade, induce, entice or coerce a child or young person to assist in avoiding detection or apprehension for any offence under this Act; (c) receive a controlled drug from a child or young person in contravention of any provision of this Act. The Committee notes that, according to section 2 of the Act, "child" means a person under 14, and "young person" means a person over 14 and under 18 years of age. It also notes that, by virtue of section 21(1), it constitutes an offence for a person to posses a controlled drug in or within a radius of 100 yards of any school premises. The Committee further notes that the offences provided by the Act are punished even if committed by corporations. It also notes that, by virtue of section 32, a person is guilty of an offence if in Barbados he assists or induces the commission in any place outside Barbados of an offence punishable under a corresponding law in force in that place.

Clause (d). Hazardous work. The Committee notes that the Employment (Miscellaneous Provisions) Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board ships. It notes that, according to section 8(1) of the Employment (Miscellaneous Provisions) Act, no "young person" (between 16 and 18 years, according to the Employment Act as amended in 2001) may be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work which, by its nature or the circumstances in which it is done, is likely to cause injury to his health, safety or morals. It also notes that section 11 of the Employment Act prohibits the employment of "children" (under 16 years of age) in any industrial undertaking or ship and section 13 of the same Act prohibits the employment of a child during the night in any undertaking whatsoever. The Committee notes that section 65 of the Factories Act of 1984 states that no person may be employed to lift, carry or move and load any load so heavy as to be likely to cause injury and section 66 prohibits the employment of women and "young persons" (between 15 and 18 years of age) in certain processes connected with lead manufacture. The Committee also notes that, according to section 103(2) of the Shipping Act of 1994, no person may employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner certifying that the individual is fit to be employed in that capacity, is delivered to the master of the ship; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee notes that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) may be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) may be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that the Employment (Miscellaneous Provisions) Act, 1977, does not contain a determination of the types of work likely to harm the health, safety or morals pursuant to section 8. However, it notes that this text provides for a definition of "industrial undertaking" including some types of hazardous work, such as work in any mine, quarry and other work respecting the extraction of minerals from the earth; processes related to manufacture, ship-building, generation, transformation or transmission of electricity, building and civil engineering work, constructional, repair, maintenance, alteration and demolition work; transportation of passengers or goods by road or rail. 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 is 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. It also asks the Government to provide information on tripartite consultations held thereon.

Article 4, paragraph 2. Measures taken to identify where the types of work so determined exist. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that no mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention. However, it notes that Barbados has a well-developed network of institutions for health, education, social services, justice and many social partners. The Committee notes that in 1998 the Government established a National Committee for Monitoring the Rights of the Child. It observes that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. The Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children; this involves investigating cases of child abuse or child labour, providing counselling services, residential placement and foster care. The Committee notes that the Labour Department administers the Employment (Miscellaneous) Act and labour officers are trained to enforce labour legislation. It also notes that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and labour officers of the Ministry of Labour are in charge of performing inspection duties and in particular of: (a) ensuring that the laws in force concerning conditions of employment and the protection of employees in the occupation are fully applied; (b) indicating in their inspection reports difficulties or abuses not specifically covered by existing laws; (c) visiting places of employment and instituting inquiries; (e) establishing statistical data in the course of their inquiries. Furthermore, by virtue of section 7 of the Labour Department Act, they are entitled to: (f) enter, inspect and examine any premises or place liable to inspection; (g) require information from any employer; (h) carry out examinations and tests in order to verify if the legal provisions are strictly observed; (i) interrogate the employer, requiring any prescribed registers and take samples for purposes of analysis. The Committee notes that specific inspection powers are assigned to labour officers by single labour laws, such as the Employment (Miscellaneous) Act and the Factories Act of 1984. Nevertheless, the Committee notes that, according to the "Rapid assessment on the situation of children in the worst forms of child labour in a tourism economy" established by the ILO in December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate and that the establishment of a centralized database of reports across related sectors such as education, health, social services, probation, the police and justice system could provide better surveillance.

The Committee asks the Government to provide information on the inspections carried out by the labour officers and the Child Care Board regarding infringements of the national provisions giving effect to the Convention and to supply copies of any reports and documents showing the functioning and accomplishments of these mechanisms in monitoring the worst forms of child labour. It also asks the Government to indicate the consultations held with employers and workers’ organizations in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s information that in September 2002, the ILO conducted a rapid assessment study on child labour and its worst forms. It notes that, following this study and a subregional meeting convened by the ILO in Trinidad on the prevention and elimination of the worst forms of child labour, the Ministry of Labour and Social Security and its stakeholders agreed to adopt a common instrument containing indicators on specific information on the worst forms of child labour. The Committee notes that, according to the Government, a draft instrument is currently being developed which all agencies interested would use starting from June 2002. It further notes the Government’s statement that the Ministry plans to hold a meeting which will specifically target the Community Development Division, the police department, the Probation Department and the Child Care Board in order to ascertain how the Ministry can address the issue of the worst forms of child labour at the community level. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 16), Barbados is a party to the World Declaration on the Survival, Protection and Development of Children and prepared a National Plan of Action which, among other subjects, include: child health, food and nutrition; basic education and literacy; children in especially difficult circumstances; and economic revitalization. This plan of action was prepared by a committee of eminent local persons and will be examined with a view to planning and implementing programmes in the best interests of children in Barbados. The Committee asks the Government to provide information on the action programmes implemented as a result of the rapid assessment study of 2002 in order to eliminate the worst forms of child labour. It also asks the Government to provide a copy of the National Plan of Action and to provide information on the results achieved through its implementation.

Article 7, paragraph 1. Penalties. The Committee notes that section 33 of the Offences against the Person Act states that anyone who buys or disposes of person as a slave shall be liable to imprisonment for life. It notes that, by virtue of section 34, unlawful compulsory labour is punishable with imprisonment for a term of six months. The Committee notes that, according to the Sexual Offences Act, anyone who procures another person to prostitution, to become an inmate of a brothel, or detains him/her in any brothel, is liable to imprisonment for 15 years. According to section 18 of this Act, anyone who keeps, manages or assists in the management of a brothel, or, being the owner, occupier, lessor or landlord, permits the premises to be used as a brothel, is liable to imprisonment for a term of five years or to a fine of $5,000 (US$2,525.25) or to both. The Committee notes that, according to section 9 of the Protection of Children Act, a person who is convicted of an offence related to pornography regarding children, is liable to imprisonment for a term of five years, or on summary conviction to a term of two years. The Committee notes that, by virtue of the Drug Abuse (Prevention and Control) Act, the offences of employing, hiring or using children or young persons in the drug trade (section 22); supplying a controlled drug to a child or young person employed or hired in the drug trade (section 23); having possession of a controlled drug in or within a radius of 100 yards of school premises (section 21), are punishable, on summary conviction, to a fine of $250,000 and imprisonment for seven years and, on indictment, to imprisonment for life. The Committee also notes that the Employment (Miscellaneous provisions) Act, under section 15 states that, any employer who employs any person in contravention of this Act is liable to a fine not exceeding $1,000 (approximately US$505) or imprisonment for a term not exceeding 12 months or both. It also notes that section 20 of the Act imposes a penalty of an amount not exceeding $100 (approximately US$50.51) or imprisonment for a term of three months or both, on a parent of a child, or a person liable to maintain a child or having custody of a child, if he/she wilfully neglects, or fails to exercise due care over such child or conduces to the offence of taking a child into employment contrary to this Act. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Paragraph 2. Effective and time-bound measures. Clause (a). To prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to section 52(1) of the Education Act of 1981 and section 2 of the Education (Amendment) Act of 1995, education is free and compulsory in Barbados from the age of 5 to 16 years and school attendance is strictly enforced. It notes that section 41 of the Education Act provides that the parents of every child of compulsory school age shall ensure that the child receives full-time education suitable to his age and ability by regular attendance to a public or private school. Section 43, as amended by the Education (Amendment) Act of 1990, states that school attendance officers shall ensure that children of compulsory school age receive full-time education through: inquires, investigations, inspections, assistance, counselling and contacts with other social service agencies which could facilitate the child’s return to school. The Committee notes that, according to section 53 of the Education Act, the Minister may, for the purposes of ascertaining which children of compulsory school age require special educational treatment, carry out such investigation as he considers necessary, and provide for the education of any child requiring special educational treatment.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that the Child Care Board Act of 1981 empowers the Child Care Board to: provide and maintain childcare centres for children in need of care and protection; provide counselling and other services for children in need of care and protection and for their parents and guardians; place children in foster care and supervise foster children and foster parents; register, license and regulate private day-care services. The Committee notes that, by virtue of the Child Care Board Act (section 13 and 14) and the Child Care Board Regulations of 1986 (section 7), the Child Care Board is empowered to inspect the centres at any reasonable time. The Committee notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45) that the Child Care Board works with public and private sector agencies and individuals. According to the same source, when cases of suspected child abuse are reported to the Child Care Board and it finds, upon investigation, the children at risk, the Board may remove them to a place of safety. The Committee notes that, according to the Barbados Regional Governmental Congress on Sexual Exploitation of Children, the Child Care Board has engaged in education programmes to increase public awareness and to sensitize the general public to the problems of child abuse. In particular, the Child Care Board, in collaboration with the Ministry of Education, embarked on a pilot project called: "Empowering the child in matters of child abuse". This project primarily involved 100 primary-school children between 7 and 11 years and it was aimed at educating children on child abuse prevention methods: assisting children in understanding their bodies; teaching them the concept of a "good and a bad touch" and how to use the referral system and resources available in the community. According to the Regional Governmental Congress, more than 800 children have benefited from participating in this project. The Committee notes that, according to the same source, a child abuse register was started during 1983-84 to keep a record of cases referred to the Department and to monitor trends in the area of child abuse. Statistics reveal that children as young as 9 years old are engaging in sexual activity and there is parental acceptance of this behaviour, as some financial gain is the result of these exploits. The Committee also notes that, according to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 21), Parent Education for Development in Barbados (PAREDOS) emphasizes parents’ education during one month each year. The Committee notes that, according to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 208), the Ministry of Education has developed a policy statement for schools on alcohol, tobacco, narcotics and other controlled drugs. This policy includes a set of guidelines for principals particularly where there is suspicion that students on school premises are perhaps carrying or involved with controlled drugs. The Committee further notes the Government’s indication that Barbados has engaged in a number of poverty alleviation programmes and that measures have been introduced to create an environment to support economic growth and development. The Committee asks the Government to provide information on the implementation, the findings and measures taken to give effect to the abovementioned programmes. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to supply information on any notable impact of the poverty alleviation programmes introduced by the Government on removing children from the worst forms of child labour and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee notes that, according to the ILO rapid assessment study, the country’s HIV/AIDS status is of special importance to this study because of the risks associated with the sexual exploitation of children and the impact of the pandemic on the family. Children under 18 years may be orphaned, experience a lower quality of life or may have to work to supplement family income when parents are ill and unable to work. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

The Committee requests the Government to supply specific information in relation to its efforts and concrete action taken according to Article 7(2)(e), of the Convention, to prevent the potential occurrence of the worst forms of child labour, with particular regard to the effective and time-bound measures taken to take account of the special situation of girls.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Labour Department is the competent authority designated for the implementation of the provisions giving effect to the Convention.

Paragraph 8. Enhanced international cooperation and/or assistance. The Committee notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/3/Add.45, paragraph 10) that the responsibility for policy on matters relating to children does not rest exclusively with one government ministry or department. According to this source, there is a considerable collaboration among relevant departments and between government departments, international organizations and non-governmental agencies, such as UNICEF, PAHO, WHO, Parent Education for Development in Barbados (PAREDOS) and National Children’s Home (NCH) Action for Children. The Committee asks the Government to provide further information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Parts IV and V of the report form. The Committee notes the Government’s statement that poverty is considered one of the main causes of child labour. It also notes that, according to the rapid assessment on the situation of children in the worst forms of child labour in a tourism economy established by ILO in 2002, from a consultation with 126 persons, there were 104 reports (84 per cent) of children engaged in economic activities. Of these, 54 reports (52 per cent) were engaged in activities suggestive of the worst forms of child labour in both tourism and non-tourism sectors. Of these 54 reports, 83 per cent involved locals and 17 per cent were related to tourism. With regard to activities with locals, prostitution and pornography accounted for 51 per cent; illicit activities 27 per cent; hazardous work 13 per cent; "slavery/bondage" 9 per cent. The majority of reports of children’s involvement in prostitution and pornography involved schoolgirls under 14 years, in relationship with older men for gain and some were as young as 11-12 years. Children’s involvement in drug-related activities was also reported: boys working as "lookouts" for drug peddlers and traffickers; young males under 16 years selling drugs "on the block" to support their family and boys aged 13-14 years selling drugs at school. There were also reports of boys staying away from school to gamble. According to the same source, six of the 56 economic activities reported (11 per cent) were considered hazardous; working long hours for family members also emerged as potentially hazardous work for children, which was difficult to monitor. The Committee requests the Government to give a general appreciation on the manner in which the Convention is applied in Barbados and any practical difficulties encountered in the application of the Convention or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee also 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 penal sanctions. To the extent possible, all information provided should be disaggregated by sex.