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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Trinidad and Tobago (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. The Committee previously noted the Government’s statement that the country’s legislation did not contain specific provisions addressing child pornography.

The Committee notes with interest that Part VIII of the Children’s Act, 2012, pertains to child pornography and that section 40(1) of this Act provides that a person who makes or permits any child pornography to be made, or publishes, distributes, possesses, purchases or exchanges child pornography, commits an offence and is liable upon conviction to a fine of 30,000 Trinidad and Tobago dollars (TTD) and to imprisonment for ten years. However, the Committee notes that this Act will only become effective once it is proclaimed on the date fixed by the President, in accordance with section 1(2) of the Act. The Committee therefore requests the Government to take the necessary measures to ensure that the Children’s Act, 2012, is proclaimed without delay. It requests the Government to provide information on the progress made in this regard.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. Trafficking. The Committee previously noted that section 11 of the Trafficking in Persons Act established a Counter-Trafficking Unit (CTU). Section 12 of this Act states that the CTU is responsible for the investigation of trafficking cases, the screening of possible victims of trafficking, the operation of a hotline for the reporting of possible cases of trafficking, the collection of data related to trafficking in persons, and for raising public awareness related to trafficking and child sex tourism.

The Committee notes the Government’s information that the CTU was established and began operations in January 2012. According to the Government, the CTU has not detected any cases of child trafficking nor received any reports of possible child trafficking in the country. The Committee, therefore, requests the Government to intensify its efforts to strengthen the capacity of the CTU, so as to ensure the application of the national legislation against trafficking in children for sexual or economic exploitation. It requests the Government to provide information on the progress made in this respect, and on the results achieved in terms of the number of child victims of trafficking identified by CTU. The Committee requests the Government to continue to provide any data or information collected by the CTU relating to the trafficking of children, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted the information from the 2011 UNESCO Global Monitoring Report that the country had a net enrolment rate of 92 per cent at the primary level and 89 per cent at the secondary level. The Committee also noted the information in this report that there were approximately 6,000 out-of-school children of primary school age.

The Committee notes that Trinidad and Tobago adopted a National Strategic Plan for Child Development 2012–16 (NSPCD), in the framework of which one of the goals is to provide opportunities beyond academics for all children. In this regard, the NSPCD aims to promote a school environment that encourages the holistic development of children to engage in non-academic activities, as well as to provide quality education for all and ensure that all children have access to quality education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve access to free basic education. It requests the Government to continue providing information on measures taken in this regard, and once again requests it to provide information on the results achieved, particularly with respect to reducing the number of out-of-school children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 44 of the Trafficking in Persons Act provides that the CTU shall provide assistance to all child victims of trafficking in a manner that is in the child’s best interests and appropriate to the child’s situation, and that this unit shall liaise with the Children’s Authority to provide child victims with services. Moreover, section 44(3) of this Act specifies that the CTU shall, in consultation with the Children’s Authority, develop special programmes for child victims including arrangements, whenever safe and possible, for children to be reunited with their family members in Trinidad and Tobago or in their country of origin and arrangements to facilitate the provision of special mental and physical medical care tailored to children’s needs.

The Committee notes the Government’s indication that the CTU has not yet engaged in discussions with the Children’s Authority, but that it has met with the Victim Support Unit (VSU) of the Trinidad and Tobago police service in order to develop a referral system to provide child victims of abuse and crimes with specialized care. Moreover, the Committee notes the Government’s information that the CTU is currently working with the International Organization for Migration (IOM) on strategies to address the issue of trafficking. In this regard, it is envisaged that the CTU and the IOM will co-host a workshop for non governmental organizations (NGOs), as it is recognized that NGOs play an important role in the shelter and rehabilitation of victims of trafficking. The objectives of the workshop include sensitizing NGOs on child trafficking; assessing the resources available to provide care and assistance to victims, including children, and what is required to effectively address the needs of these victims; and beginning the dialogue with NGOs on fostering a closer collaborative effort to identify victims of trafficking and providing them with the appropriate care and rehabilitation.

The Committee notes, however, the Government’s indication that, as the CTU has not yet encountered any child victims of trafficking, it has not had to provide rehabilitation or social integration services in this regard. The Committee encourages the Government to continue taking effective measures to ensure that services are available for the removal of child victims of sale and trafficking and for their rehabilitation and social integration. It requests the Government to provide information on the number of children under 18 years of age who will have benefited from these measures, once identified by the CTU.