Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Jamaica (Ratification: 2003)

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. The Committee previously requested the Government to provide information on the measures taken to ensure that the sale and trafficking of girls below 18 years of age is effectively prohibited.

The Committee notes with satisfaction that sections 4(1) and 4(3) of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007, prohibits both internal and inter-state trafficking of children, and that section 2 defines a child as any person under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously observed that the provisions in the Offences Against Persons Act relating to the prohibition of procuring or offering a child for prostitution applied only to women and girls. However, the Committee noted that discussions and consultations were being held for the drafting of a Sexual Offences Act, to address all crimes of a sexual nature.

The Committee notes the Government’s statement in its report to the United Nations Human Rights Committee of 21 October 2009 that Parliament took the decision to enact a new act (the Sexual Offences Act) rather than amending the Offences Against Persons Act (CCPR/C/JAM/3, paragraph 23). The Committee also notes the Government’s indication in its report that the Sexual Offences Act, which was adopted on 20 October 2009, addresses sexual offences against children. The Committee further notes that section 18 of the Sexual Offences Act prohibits procuring or attempting to procure a child for the purpose of sexual intercourse (section 18(a)) and prohibits procuring any person, male or female, to become a prostitute (section 18(b)). Pursuant to section 2, a child is defined as any person under 18 years of age. Section 23(1)(a) of the Sexual Offences Act further prohibits living off the proceeds of prostitution, which, pursuant to section 23(1)(i) includes exercising control, direction or influence over the movements of a prostitute in such a manner as to show that the person is aiding, abetting or compelling prostitution. The Committee observes that the Sexual Offences Act does not appear to prohibit the use of a person under the age of 18 for the purpose of prostitution. It therefore requests the Government to provide information on the legislative provisions which prohibit the use of a child for the purpose of prostitution. If no such provisions exist, the Committee requests the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future.

Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs. In its previous comments, the Committee noted that the Dangerous Drugs Act of 1942, together with its amendment of 1994, prohibits and punishes various drug-related behaviour such as importing, exporting, cultivating, manufacturing, selling, using, dealing, transporting and possessing various types of drugs. However, the Committee observed that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, did not appear to be specifically prohibited by the relevant Jamaican legislation. It requested the Government to indicate the measures taken or envisaged in this regard.

The Committee notes that the draft list of hazardous work prohibited for children (submitted with the Government’s report) prohibits involving children in illicit activities and the drug industry, as well as more specific provisions prohibiting children from cultivating ganja and guarding ganja fields. The Committee also notes the information in a report on the worst forms of child labour in Jamaica of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report), that children are used as drug couriers and for selling drugs. The Committee therefore urges the Government to take the necessary measures to ensure the adoption of the provisions (in the list of hazardous work prohibited for children) prohibiting the involvement of children in illicit activities and the drug industry, in the near future.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that a tripartite workshop was held to identify hazardous types of work, and that a list of types of hazardous work would be present in the new Occupational Health and Safety Act (OHS Act).

The Committee notes that the draft list of types of hazardous work prohibited for children, included in the Government’s report contains 45 types of prohibited work. The Committee also notes the Government’s statement that if the draft list has not been reviewed before the enactment of the OHS Act, it will be included in the regulations of the OHS Act. The Committee observes that the Government has been compiling this list since 2006, and reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It therefore urges the Government to take the necessary measures, as a matter of urgency, to ensure that this draft list of types of hazardous work prohibited for children is reviewed and adopted in the near future. It requests the Government to provide a final copy of the list, once it has been adopted.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Law enforcement agencies. The Committee previously noted the establishment of a Child Labour Unit within the Ministry of Labour and Social Security (MoLSS), and noted that this unit was aiding in the development of a referral system for children. The Committee also noted that over 150 officers of the Jamaica Constabulary Force (JCF) received training from the Child Development Agency (CDA) on the provisions of the Child Care and Protection Act.

The Committee notes the Government’s statement that the Child Labour Unit continues to collaborate with the JCF, particularly the Trafficking in Persons Unit, where the Child Labour Unit assists in referring victims of trafficking to services offered by the MoLSS. Although this cooperation currently occurs on an ad hoc basis, it is envisioned that a more formal system will be put in place following a series of training sessions organized by the JCF’s Trafficking in Persons Unit, the National Task Force on Trafficking in Persons and the Ministry of National Security. The Committee also notes the Government’s statement that an “Assessment of the Implementation and Enforcement Machinery to Combat Child Labour in Jamaica” was carried out within the framework of the ILO–IPEC “Tackling Child Labour through Education” Project (TACKLE Project). The Government states that the assessment indicated that much more was needed to be done on the ground to facilitate greater cooperation between agencies involved in aspects of child labour regulation.

In this regard, the Committee notes the statement in a report on trafficking in persons in Jamaica of 14 June 2010 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) (Trafficking Report) that the Government has made no discernible progress in prosecuting trafficking offenders during the past year, and that more vigorous investigations of trafficking offences was necessary. The Trafficking Report also indicates that there have been reports of trafficking complicity by police. The Committee expresses its concern at allegations of complicity of law enforcement officials with human traffickers. The Committee therefore urges the Government to redouble its efforts to ensure that perpetrators of human trafficking, and complicit government officials, are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, including by strengthening the coordination between the relevant law enforcement agencies. It requests the Government to provide information on the measures taken in this respect, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. In its previous comments, the Committee noted an ILO–IPEC rapid assessment study on child prostitution of November 2001 which indicated that, in all seven locations surveyed, children between the ages of 10 and 18 years were exposed to prostitution, pornographic performances and other activities that adversely affected their health, safety and morals. The study indicated that 70 per cent of children engaged in such activities were girls, some as young as 10 years of age. The study further indicated that one of the causes of prostitution, in addition to poverty and failure of the education system, was the weak monitoring of existing laws.

The Committee notes the information in the Government’s report indicating that the CDA reported 361 cases of sexual abuse, but that medical assistance and counselling were usually provided to these victims. Moreover, while the matter was under investigation, the victims were allowed to conditionally return to school or were provided with state care. The Committee also notes the information in the Government’s report that it is finalizing the National Child Diversion Policy, which emanates from the National Plan of Action for Child Justice. The fourth strategic objective of the National Child Diversion Policy includes the rehabilitation and reintegration of child victims. The Government also indicates that a shelter for victims has been refurbished and is to become operational shortly. In this regard, the Committee further notes the information in the Trafficking Report that the Government began taking measures for the establishment of three shelters for female trafficking victims, the first of which was completed in March 2010. The Trafficking Report also indicates that the Government took measures to return child victims of trafficking to families, or referred them to foster homes, and operated facilities that housed child trafficking victims.

Nonetheless, the Committee notes the indication in the Trafficking Report that Jamaica is a source, transit, and destination country for child victims of trafficking, specifically for the purposes of forced prostitution, and that Jamaican women and girls have been subjected to forced prostitution in other countries such as Canada, United States, United Kingdom, Bahamas, and other Caribbean destinations. The Trafficking Report also indicates that child-sex tourism continues to be a problem in Jamaica’s resort areas. The Committee therefore requests the Government to take immediate and effective measures to ensure the removal of victims of commercial sexual exploitation, including victims of child sex tourism, from this worst form of child labour. It also requests the Government to strengthen its efforts to ensure the provision of appropriate services, including legal, psychological and medical services, to child victims of trafficking, to facilitate their rehabilitation and social reintegration and to provide information on the number of children reached through these initiatives.

Part III of the report form. Court decisions. The Committee previously noted the Government’s indication that a number of cases pertaining to the Convention were pending and that a copy of these decisions would be transmitted promptly. It also noted that four persons had been charged under the Trafficking in Persons Act, including the case of a 14 year old girl who was pimped by two male traffickers.

The Committee observes that no court cases have been submitted with the Government’s report. However, it notes the information in the Government’s report that, in December 2009, two persons were successfully convicted under the Trafficking in Persons Act for offering a 14 year old girl for prostitution. The Committee further notes the information in the Trafficking Report that Jamaican authorities initiated the prosecution for carnal abuse of a foreign visitor to Jamaica who allegedly engaged in child-sex tourism. The Committee requests the Government to continue to provide information on the prosecutions and convictions related to breaches of national legal provisions relevant to the application of the Convention. It also requests the Government to supply a copy of any court decision issued in this regard.

Part V of the report form. Practical application of the Convention. Trafficking of children and child prostitution. Following its previous comments, the Committee notes the information in the Government’s report concerning the number of reports of child abuse and neglect received by the Office of the Children’s Registry, but observes that this data is not disaggregated to indicate the number of these cases which relate to the worst forms of child labour.

The Committee notes the indication in the WFCL Report that commercial sexual exploitation of children is a problem in Jamaica, especially in tourist areas. The Committee notes the indication in the Trafficking Report that the trafficking of children continues to be a significant problem, specifically for the purpose of forced prostitution, and that victims often come from Jamaica’s poverty stricken garrison communities. This report indicates that the majority of trafficking victims identified were poor Jamaican women and girls, though boys are increasingly subject to forced prostitution in urban and tourist areas. In this regard, the Committee expresses its deep concern at the situation of persons under the age of 18 who are victims of trafficking and prostitution, and accordingly urges the Government to take immediate and effective measures to ensure in practice the protection of children from these worst forms of child labour. It also requests the Government to take the necessary measures to ensure that sufficient data is available on the worst forms of child labour, particularly on the sale and trafficking of children and child prostitution.

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