Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted that subsections (a), (c) and (d) of section 7 of the Sexual Offences and Domestic Violence Act only cover the trafficking of people for the purpose of sexual exploitation, whereas the Convention also prohibits the sale and trafficking of children for the purpose of labour exploitation. It had requested the Government to provide the text of any legislation prohibiting the sale and trafficking of children under 18 for their labour exploitation or to indicate progress made towards the adoption of such legislation. The Committee notes that the Government did not provide any information on this point. It notes however that, by virtue of section 152(2)(f) of the Child Protection Act, 2007, the minister responsible for the social service may make regulations prohibiting the trafficking of children. The Committee hopes that the Government will take measures shortly in order to give effect to the Convention on this point, in particular regarding the sale and trafficking of children under 18 for their economic exploitation, and requests it to provide information on progress made to this end. It also requests the Government to adopt appropriate penalties.

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

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

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

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

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

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Referring to its previous comments, the Committee notes that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), progress has been made in attaining the EFA agenda. For instance, since 2005, primary net enrolment ratios have increased, and gender parity in primary and secondary education has been achieved. The Committee notes however that, according to the 2008 EFA UNESCO Report, the Bahamas is at risk of not achieving the EFA goal by 2015 because progress is too slow. The Committee greatly appreciates the steps taken by the Government to improve the education system in the country. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

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

2. Child sex tourism. The Committee notes that the ILO and the CIDA Regional Child Labour Project Study refers to the ILO Rapid Assessment Study of 2002 in which it is indicated that children were found working in a variety of activities that were suggestive of the worst forms of child labour. Cases were associated with tourism. The Committee observes that children who are engaged in certain activities related to tourism are at risk of being involved in the worst forms of child labour, such as commercial sexual exploitation. The Committee therefore requests the Government to indicate whether measures have been taken to raise the awareness of the actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers, as well as owners of bars and restaurants and their employees, on the subject of commercial sexual exploitation.

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