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

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

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

The Committee noted the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted that according to section 22(1) of the Sexual Offences Act No. 1 of 1998, any person who unlawfully takes away or causes to be taken away or detains another person for marriage or for sexual intercourse or for the commission of a crime shall be guilty of an offence. The Committee also noted the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/8/Add.48, 15 October 2003, paragraph 460) that section 51 of the Offences Against the Person Act makes it an offence to fraudulently allure, take away or detain a woman under the age of 18 years. The Committee observed that the above laws only prohibit the abduction of girls under 18 years of age for sexual purposes. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of all children, including boys under the age of 18 years for sexual as well as labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee noted that, by virtue of articles 4 and 5 of the Constitution, no person shall be held in slavery or servitude or required to perform forced labour or shall be subject to torture or to inhumane or degrading punishment or other treatment.

3. Compulsory recruitment of children for use in armed conflict. The Committee noted that the Government has not provided any information under this point. The Committee noted, however that according to a report entitled Child Soldiers Global Report 2008 – Caribbean, available at the web site of the United Nations High Commissioner for Refugees (www.unhcr.org), Dominica has no military forces, and that security is the responsibility of the police forces. It further noted the information from the same report that the minimum age for the recruitment to the police force is 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that the Sexual Offences Act contains a number of provisions relating to the prohibition of procuring or offering of a person, including a child for prostitution. Section 18 states that any person who procures or induces a minor to have sexual intercourse with another person, or conspires for the procurement of a minor for sexual intercourse shall be punished. Section 10 prohibits any adult from having sexual intercourse with a minor employee. Moreover, procuring another person for prostitution or to become an inmate of a brothel (section 18); procuring defilement of a person (section 19); unlawful detention of a person with intent to have sexual intercourse (section 20); living on the earnings of prostitution (section 25); and keeping, managing or assisting in the management of a brothel (section 24) are all punishable under the Sexual Offences Act. It noted that, according to section 2 of the Sexual Offences Act, a “minor” is a person under the age of 18 years.

2. Use, procuring or offering of a child for the production of pornography and for pornographic performances. The Committee noted that the national legislation does not appear to contain any provision addressing child pornography. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that section 6 of the Children and Young Persons Act No. 17 of 1970 prohibits the use of a juvenile under 18 years in begging. However, the Committee noted that the Government’s report contains no information on legislation that prohibits the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. The Committee accordingly requests the Government to indicate the legislative provisions prohibiting the use, offering or procuring of a child under 18 years for the production and trafficking of drugs. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged in this regard, as well as the penalties envisaged, pursuant to Article 3(c) of the Convention.

Article 3, clause (d). Hazardous work. The Committee noted that, according to section 7(1) of the Employment of Women, Young Persons and Children Act, no young person (under 18) shall be employed or work during the night in any public or private industrial undertaking, other than an undertaking in which only members of the same family are employed. The Committee noted that there is no other provision which prohibits the employment of young persons in work which is likely to jeopardize their health, safety or morals. The Committee reminded the Government that, by virtue of Article 3(d) of the Convention, 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 under 18 years of age is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to 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 take the necessary measures as a matter of urgency to ensure that the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, is prohibited.

Article 4(1). Determination of hazardous work. The Committee noted the Government’s statement that the social partners will be consulted for the determination of the list of types of hazardous work. The Committee requests the Government to provide information on any progress made with regard to the determination of the list of types of hazardous work to be prohibited for persons under 18 years, in consultation with the social partners.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication that measures will be taken to broaden the existing mandate of the national inspectorate in order to cover child labour issues, in consultation with the social partners. It also noted that the Labour Statistics Act provides for the appointment of a labour officer for the preparation and publication of labour statistics and who may inspect workplaces or any premises in which workers are employed and require the necessary information for that purpose. The Committee encourages the Government to take the necessary measures to strengthen and broaden the mandate of the labour inspectorate in order to build an effective inspection service entitled, among others, to perform inspections with regard to child labour and to detect violations of the provisions giving effect to this Convention. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s information that consultations will be held with social partners with a view to devising programmes appropriate to a national campaign for the prohibition of the worst forms of child labour. The Committee encourages the Government to take the necessary measures to adopt programmes of action for the elimination of the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7(1). Penalties. The Committee noted that the Sexual Offences Act provides for penalties of imprisonment for the offences related to abduction or unlawfully taking away or detaining a person for sexual intercourse (section 22), procuring or inducing a minor for prostitution (section 18), and for having sexual intercourse with a minor employee (section 10). The Committee requests the Government to provide information on the measures taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee noted that the provisions of the Education Act No. 11 provide for free and compulsory education to all children from the ages of 5–16 years (sections 2, 14, 15 and 16). Section 27 of the Education Act requires every child of compulsory school age to attend a school and section 36 requires every parent to ensure that the child receives education through regular attendance at a school. The Committee noted, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.238, 30 June 2004, paragraph 42) expressed deep concern at the quality of education, access to education by pregnant girls and teenage mothers and the high drop-out rates, in particular among boys. The Committee requests the Government to take the necessary measures to improve access to education of pregnant girls and teenage mothers and to reduce the drop-out rates of children, in particular boys. It requests the Government to provide information on the measures in this regard.

Clause (d). Identify and reach out to children at special risk. Carib Indian children. The Committee noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.238, 30 June 2004, paragraph 49) expressed concern about the limited enjoyment of the rights of Carib Indian children particularly with regard to their access to education. The Committee requests the Government to provide information on the measures taken to promote access of Carib Indian children to education, thereby preventing them from being engaged in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Dominica and to provide information on the worst forms of child labour, including copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these 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 applied.