Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Saint Vincent and the Grenadines (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes with satisfaction that according to sections 5(2) and 8(1)(d) of the Prevention of Trafficking in Persons Act of 2011 (Trafficking Act of 2011) the recruitment, transportation, harbouring or receipt of a child (defined as persons under the age of 18 years), or giving of payment or benefits to obtain the consent of a person having control of a child, for the purpose of exploitation constitutes an aggravated offence of trafficking in persons and shall be liable to imprisonment of up to 20 years.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances did not appear to be prohibited in the national legislation.

The Committee notes with satisfaction that section 7 of the Trafficking Act of 2011 provides for penalties of imprisonment for 12 years or a fine of $100,000 for the offences related to transporting a person for the purposes of exploiting such a person in prostitution. Subsection 2 of section 7 further states that the above offence, if committed against a child, amounts to an aggravated offence and shall be liable to an additional imprisonment of up to 15 years. The Committee further notes that the definition of the term “exploitation” as laid down under section 2 of the Trafficking Act of 2011 includes: child pornography, exploitation of the prostitution of another, engaging in any form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, as well as engaging in sexual exploitation and any sexual activity.

Articles 3(d) and 4(1). Hazardous work. The Committee previously noted that the Employment of Women, Young Persons and Children Act (EWYPC Act), did not contain a general prohibition on the employment of children below 18 years of age in hazardous work, other than the prohibition on night work in any industrial undertaking (section 3(2)) nor a determination of hazardous types of work prohibited to children under 18 years of age.

The Committee notes the Government’s indication that consultation with stakeholders to address the issues related to hazardous work by children will be commenced shortly and a draft report will be prepared by the end of 2013. The Committee expresses the firm hope that consultations with the stakeholders including the social partners will be held in the near future and legislation relating to the prohibition on hazardous work by children under 18 years of age as well as a regulation determining the types of hazardous work prohibited to children under the age of 18 years will be adopted soon. The Committee requests the Government to provide information on any developments made in this regard.

Article 7(1). Penalties. The Committee requests the Government to provide information on the application in practice of the sanctions established in the Trafficking Act of 2011 for the offences related to the sale and trafficking of children and for the use, procuring and offering of children for prostitution and child pornography.

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