Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age Convention, 1973 (No. 138) - Barbados (Ratification: 2000)

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 comments.

Repetition

The Committee notes the communication of the Barbados Workers Union (BWU), dated 31 August 2011, as well as the Government’s report.

Article 1 of the Convention. National policy. The Committee previously noted that the National Child Labour Committee (NCLC), which falls under the auspices of the Ministry of Labour, engages in educational and research projects on child labour. It requested the Government to continue to provide information on the activities of the NCLC.

The Committee notes the Government’s indication that the NCLC did not meet during the past year. However, the Committee notes the Government’s statement that the Minister of Labour approved the “Roadmap 2016” in May 2010, following tripartite consultations. The Government indicates that the Roadmap 2016 identifies strategies to help in the elimination of child labour. The Committee requests the Government to provide information on the measures taken, within the framework of the “Roadmap 2016”, to combat child labour, and on the results achieved.

Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 3(2) of the Convention. However, the Committee also noted the Government’s indication that a list of the types of hazardous work prohibited to young persons had been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the elaboration of this list. This comprehensive list included, inter alia, work in construction and welding where stringent health and safety guidelines are not followed; work underground, underwater, at dangerous heights or in confined spaces; work involving the use of dangerous chemicals; work in the agricultural sector which exposes children to dangerous conditions; and work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads. The Committee requested the Government to indicate if this list had been included in any government legislation or regulation.

The Committee notes that BWU’s statement that discussions should begin on the types of hazardous work prohibited for children under 18 years of age.

The Committee notes the Government’s statement that the types of hazardous work prohibited to persons under 18 are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that the Pesticide Control Regulations do not contain any provisions referring to types of hazardous work prohibited for persons under 18, and that the Protection of Children’s Act only concerns provisions relating to indecent photographs of children. Moreover, the Committee notes that the prohibition contained in the Factories Act only concerns certain processes connected with lead manufacture and that the Employment (Miscellaneous Provisions) Act only prohibits persons under 18 from working at night in industrial undertakings. The Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18. However, the Committee notes the Government’s indication that new legislation regarding safety and health at work is being prepared. The Committee therefore urges the Government to take the necessary measures, including in the context of the new safety and health at work legislation, to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned.

Labour inspection and the application of the Convention in practice. The Committee previously noted the Government’s statement that inspectors have not found any school-age children to be in full-time employment. It also noted the copy of the Inspection of Shops form and the Factory Inspection Report form included in the Government’s report, which both permit an inspector to note the number of employees found to be under the age of 18 at the time of inspection. The Committee further noted the Government’s statement that the formal sector is well monitored, though monitoring of the informal sector has proven to be more challenging. The Committee requested the Government to provide information on the number of cases involving children and young persons under 18 investigated by labour officers, the Child Care Board and factory and shops officers.

The Committee notes the Government’s statement that no cases of child labour have been detected by the Child Care Board or by Safety and Health Officers and Labour Officers of the Labour Department, who routinely engaged in the inspection of factories and shops. The Committee takes due note of this information and requests the Government to continue to provide information on the manner in which the Convention is applied in practice, particularly with regard to the informal economy.