Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Bahamas (Ratification: 2001)

The Committee notes with regret 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:

Repetition

The Committee took note of the Government’s report. It took due note of the information provided by the Government that the Child Protection Act, 2007 has been adopted. The Committee hopes that the Act will come into force shortly and requests the Government to provide information on progress made in this regard.

Article 1 of the Convention. National policy. In its previous comments, the Committee had noted 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), the Ministry of Labour and Immigration had established a National Committee on Child Labour whose task is to make recommendations for a policy on child labour. Noting that the Government’s report does not provide any information on this point, the Committee once again hopes that a national policy on child labour will be elaborated soon. It requests the Government to provide information on any progress made to this end.

Article 2(1). Scope of application. The Committee had noted that section 50(1) of the Employment Act, 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It had also noted that, according to the ILO and the CIDA Regional Child Labour Project Study, children were found working in a variety of activities that were suggestive of child labour. Moreover, the Committee had noted that, according to the ILO and the CIDA Regional Child Labour Project Study, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour. The majority of children work in the informal sector, which is not generally inspected by the Inspectorate. The ILO and the CIDA Regional Child Labour Project Study had recommended that the Labour Inspectorate Unit be given the specific mandate and resources to target child labour in its inspections.

The Committee noted the Government’s indication that it will consult its relevant agencies on this point and will provide information as soon as it becomes available. The Committee also noted the information provided by the Government in its report on Convention No. 182 according to which it has initiated the process to hire additional labour inspectors. In light of the above, the Committee observed that the minimum age for admission to employment only applies to undertakings whereas the majority of children work in the informal sector. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated, such as children working on their own account are those working in the informal sector. The Committee hopes that, in hiring additional labour inspectors, the labour inspection component concerning children working on their own account or in the informal sector will be strengthened. In this regard, it requests the Government to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors. The Committee finally requests the Government to indicate any steps taken in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that by virtue of section 22(3) of the Education Act, the age of completion of compulsory schooling is 16 years of age. It also noted that, according to data from the UNESCO Institute for Statistics of 2005, the school enrolment rate at the primary school level is 92 per cent girls and 89 per cent boys, and at the secondary level is 84 per cent girls and 83 per cent boys. Moreover, the Committee noted 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 noted 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 appreciated the steps taken by the Government to improve the education system in the country, steps that it considers as an affirmation of a political will to develop strategies to combat this problem. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system. In this regard, it requests the Government to take the necessary measures to increase the school enrolment rate at both the primary and secondary school levels in order to achieve the EFA goal by 2015 and to provide information on the results attained.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously noted 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. The Committee noted the Government’s information that, except for the provisions of the Child Protection Act, which has not yet been brought into force, the Employment Act does not prohibit young people between 14 and 18 years from being employed in hazardous work. It noted the Government’s indication that measures will be taken to set the minimum age for admission to hazardous work at 18. The Committee 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. It also requests the Government to provide information on progress made regarding the entry into force of the Child Protection Act, 2007, which provides for a minimum age for admission to hazardous work at 18 years.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young people below 18 years of age. It had also noted the Government’s indication that it will address this issue in forecasted amendments to the Employment Act after consultation with representative employers’ and workers’ organizations. In this regard, the Committee noted that, according to the Government, it has arranged with the ILO Regional Office to establish a list of hazardous occupations as part of its Decent Work Country Programme. The Committee hopes that the Government will take the necessary measures shortly to ensure the adoption of legal provisions determining the types of hazardous work to be prohibited to people less than 18 years of age. It requests the Government to provide information on progress made in this regard and to supply a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee had noted the Government’s intention to exclude, for a period of five years, from the application of this Convention the following categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; and (e) any film as may be approved by the minister. This exclusion would have expired by February 2007. In this regard, the Government had indicated its intention to amend the Employment Act, 2001 to allow child grocery packers between 12 and 14 years of age to continue to be employed for the next ten years. It had also indicated that it intended to extend the categories of work listed in the First Schedule after consultation with employers’ and workers’ umbrella organizations. Moreover, the Committee had noted that the Employment Act (Amendment to First Schedule) Order, 2007, provides for an extension of the period of exclusion from the application of the Convention from five to 15 years for the four categories of work listed in the First Schedule of the Employment Act, 2001, but does not extend the categories of work previously listed in the First Schedule. The Committee had stressed that, while the Government may extend the period during which limited categories of work or employment are excluded from the application of the Convention, it may not subsequently extend the limited categories of work excluded from the application of the Convention. It had requested the Government to provide information concerning the categories of employment or work which are excluded from the application of the Convention.

In its report, the Government indicated that since the exclusion included in the First Schedule of the Employment Act, 2001, has expired as of 1 January 2007, it is now considering extending the period for two years more, from 1 January 2007 to 1 January 2009. The Government also indicated that it will inform the Committee on the measures taken prior to 1 January 2009, to prepare the transition to the application of the specific minimum age as from this date to the excluded categories of employment or work. By virtue of the information provided by the Government, the Committee believed that the Government wished to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001: (a) grocery packers; (b) gift wrappers; (c) peanut vendors; (d) newspaper vendors; and (e) any film as may be approved by the minister. The Committee requests the Government to indicate whether it is its intention to extend the scope of application of the Regulations on child labour to the categories of work listed in the First Schedule of the Employment Act, 2001 and, if so, to provide information on the measures taken to assure the transition to the application of the specific minimum age to these categories of work.

Work on board ships. In its previous comments, the Committee had noted that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee had asked the Government to indicate the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. Noting once again the absence of information in the Government’s report, the Committee recalled that, by virtue of Article 4(1) of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Consequently, the Committee requests once again the Government to indicate whether or not it intends to exclude from the application of the Convention work undertaken by children under the age of 16 working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. If so, it requests the Government to indicate the reasons for such exclusion and the situation of child labour in such excluded category.

Article 7. Light work. The Committee had noted that section 7(3)(a) of the Child Protection Act, 2007, provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. It had requested the Government to provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years. The Committee noted the Government’s indication that it undertakes to provide information to the Committee on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young people from 12 years and above. The Committee hopes that the Government will shortly take these measures in order to give effect to the Convention on this point and requests it to provide any information on progress made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee had noted that the Child Protection Act, 2007, does not provide for penalties in case of contravention of section 7 of the Act regarding child labour. It had requested the Government to indicate the legal provisions that prescribe penalties in case of violations of the Convention. The Committee noted that the Government does not provide information on this point. It once again recalled that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that regulations provide for penalties in case of violation of section 7 of the Child Protection Act, 2007 regarding child labour.

Article 9(3). Registers of employment. Referring to its previous comments, the Committee noted the Government’s indication that some provisions of the Employment Act, 2001, give effect to this Article of the Convention, particularly section 61(1) which lays down that every employer shall keep a register of wage payments and accounts in respect of each employee for a period of three years. The Committee observed that this provision of the Employment Act, 2001, does not meet the conditions provided by Article 9(3) of the Convention. It also observed that the Child Protection Act, 2007, does not include a provision requiring the keeping of registers or other documents by employers. Therefore, the Committee requests the Government to provide information on measures taken or envisaged to ensure that regulations will prescribe that registers or other documents shall be kept and made available by the employer, and shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom he/she employs or who work for him/her and who are less than 18 years of age.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had requested the Government to provide information on the manner in which the Convention is applied in practice. Noting the Government’s information that it will provide information in this regard as soon as it becomes available, the Committee requests it to provide information in its next report on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young people, especially regarding children working in the informal sector, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.