Direct Request (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 (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes with interest that the Child Pornography (Prevention) Act was adopted on 21 October 2009. Section 3(1) of the Child Pornography (Prevention) Act prohibits knowingly causing or inciting the involvement of a child in the production of child pornography and section 3(2) prohibits allowing a person with custody of the child to allow the child to be used in the production of child pornography. Section 2(1) of the Child Pornography (Prevention) Act contains a comprehensive definition of “child pornography”, and specifies that a “child” includes all persons under the age of 18. Section 4 of the Act prohibits producing, importing, exporting or possessing child pornography.

Article 6. Programmes of action. The Committee previously noted the information in the Government’s report regarding plans to implement several projects to raise awareness on child labour, including educating teachers on child labour and putting up signs in markets to alert the public that child labour is a punishable offence. It requested information on the impact of these initiatives.

The Committee notes the Government’s indication that while a wide range of projects are operational to address the needs of Jamaican children, especially those at risk, there has not yet been an assessment or evaluation of the impact of these programmes. The Committee also notes the Government’s indication that due to financial constraints, the putting up of signs on child labour in various markets has yet to take place. Nonetheless, the Government indicates that discussions are under way with local parish authorities to embark on an awareness campaign, including presentations on child labour for mayors and councillors, in addition to the distribution of information materials within each parish. The Government also indicates that an advertisement entitled “Red Card to Child Labour” ran in two major newspapers in July 2010, that a public service announcement on the subject was produced and launched and that the Office of the Children’s Advocate disseminated information on child labour as part of their public education programme. In addition, the Committee 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 the Government participated in an IOM-implemented project, focusing on raising awareness about trafficking, as well as collaborating with the tourism industry to combat child-sex tourism.

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. The Committee previously noted that Jamaica would soon begin participation in the ILO–IPEC “Tackling Child Labour through Education” Project (TACKLE Project). The TACKLE Project was intended to complement the new initiatives of the Ministry of Education to provide access to a tuition fee payment programme, whereby the Government covers the cost of the approved tuition fee for all students at the secondary school level.

The Committee notes the ILO–IPEC information that the TACKLE Project was launched in Jamaica in 2009, aiming to contribute to poverty reduction by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The ILO–IPEC Technical Progress Report for the TACKLE Project of March 2010 indicates, that, within the framework of the project, several action programmes are in development, with the collective target of preventing 1,870 children from entering child labour (in addition to withdrawing 630 children). The Committee also notes the information in the Government’s report that an MoU for the TACKLE Project was signed with the Ministry of Education so that a more structured approach with regard to child labour could be taken within the Ministry’s operational plan. The Committee further notes that the Government continues to develop programmes to address the needs of children who do not qualify for educational programmes (and are therefore at risk for child labour), including a project entitled “Expanding Educational Horizons”, which aims to improve literacy and numeracy skills in 71 primary schools.

While taking due note of these measures, the Committee notes the information in the 2010 UNESCO report entitled “Global Monitoring Report- Education For All” that in 2007 there were approximately 45,000 out-of-school children between the ages of 6 and 11 in Jamaica. The UNESCO report further indicates that this is an increase from 38,000 out-of-school children in 1999. Considering that access to free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system and to facilitate access to education. In this regard, it strongly encourages the Government pursue its efforts within the Expanding Educational Horizons project and to continue its collaboration with ILO–IPEC for the TACKLE Project. It requests the Government to provide information on the impact of the measures taken, particularly with respect to increasing school enrolment rates, decreasing school drop-out rates, and reducing the overall number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation. The Committee also noted the results of a 2002 study commissioned by the Child Development Agency (CDA), which revealed that there were approximately 6,500 street children, the majority of whom were males aged 
6 to 17 years. The Committee further noted the establishment of a hostel for boys (operated by the Possibility Programme) and that the Young Men’s Christian Association (YMCA) offered training, remedial education and vocational training to boys, with the possibility of mainstreaming these children into technical high schools.

The Committee notes the Government’s statement that a national survey on street and working children is needed to assist in the development of policies on this subject, and that the CDA is in the process of seeking funds to undertake such a study. In this regard, the Committee notes the information in the Government’s report that the Youth Development Programme (YDP) was recently introduced (with funding from the Inter-American Development Bank) to help unattached youth make the transition to adulthood, and that a national youth survey will be undertaken within the framework of the YDP. The information on the Government’s information service website (www.jis.gov.jm) also indicates that the YDP includes a continuation of the Possibility Programme, which includes the objectives of developing a coordinated and proactive approach to the social problem of street children, removing children and youth who wipe windshields at intersections and enrolling these youth in a project of skills training while assisting with their reintegration. The Committee further notes the information in the Government’s report that it is implementing a programme entitled “Youth Empowerment Strategy” which provides financial assistance to beneficiaries (particularly vulnerable children, including inner city children) for tuition fees or the funding of small business ventures. In addition, the Committee notes that the YMCA continues to provide remedial education and pre-vocational training to street children, and that 28 of these students gained spaces in technical high schools, while 11 such students gained certification in food preparation.

Nonetheless, the Committee notes the information in the WFCL Report that boys who work on the streets of Kingston and Montego Bay are vulnerable to being trafficked. These boys may also be forced into selling drugs or becoming drug couriers. The Committee also notes the information 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)) that there have been reports of forced labour of children in street vending. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect street children from these worst forms, and to provide for their rehabilitation and reintegration. The Committee requests the Government to continue providing information on the effective and time-bound measures taken in this regard, and on the number of street children who have benefited from such initiatives. Lastly, the Committee encourages the Government to pursue its efforts to undertake a national survey on street children, and to provide this information when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee notes the information in a 2009 UNICEF document entitled “Orphans and Vulnerable Children” that HIV/AIDS is one of the contributing factors to the growing number of vulnerable or at-risk children in Jamaica. This report states that a 2002 rapid assessment study indicated that there were approximately 5,125 children in Jamaica who had lost a parent to HIV/AIDS, and that approximately 10,000 to 20,000 children were made vulnerable by the disease. The Committee also notes that the Government began implementing a National Action Plan for OVCs in 2004, which aims to strengthen the capacity of families and institutions to care for OVCs and improve the awareness surrounding existing social services for this group. The Committee further notes the information in the Government’s Country Progress Report of 31 March 2010 to the United Nations General Assembly Special Session on HIV/AIDS (UNGASS Report) that the National Aids Committee, through the parish AIDS associations, provided school assistance to children infected with or affected by the disease in 2009, through the payment of schools fees and the purchase of school books and uniforms (page 30). Nonetheless, the Committee notes that the Government’s National Composite Policy Index (data submitted by the Ministry of Health to UNAIDS in March 2010 as a complement to the UNGASS Report) identifies OVCs as a group whose needs are underserved (page 44). In this regard, the Committee notes the statement in the UNGASS Report that a situational analysis of OVCs in Jamaica (conducted in 2008) found that the majority of parents and caregivers of OVCs were experiencing high levels of poverty. At the time of the analysis, 78.2 per cent of the sample perceived little or no help was forthcoming from institutions (page 29). The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to strengthen its efforts, within the framework of the National Action Plan for OVCs, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms.