Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Trinidad and Tobago (Ratification: 2003)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 3 and 5 of the Convention. Worst forms of child labour. Trafficking, commercial sexual exploitation, and illicit activities. Monitoring mechanisms and the application of the Convention in practice. The Committee previously noted that section 18 of the Trafficking in Persons Act prohibits the trafficking of children, and that a Counter Trafficking Unit (CTU) as foreseen under section 11 of that Act had begun its operations in 2012. It further noted with satisfaction the proclamation of the Children’s Act, 2012, and the penalties provided for in sections 40 and 37 of that Act for the offences of child pornography and the use of a child as courier to buy or deliver dangerous drugs or substances.

The Committee notes the Government’s information in its report, in response to the Committee’s request regarding the application of the Trafficking in Persons Act and the Children’s Act. In this respect, it notes the Government’s information in its supplementary report that two persons have been charged for trafficking of children in 2018, and that the number of persons charged in this respect was seven in 2019 and eight in 2020. Of these cases, 15 persons are under investigation, and two have been committed to stand trial. All the victims were Venezuelan minors.

As regards the application of the Children’s Act, the Committee notes that the Government indicates that a Child Protection Unit (CPU) was established under that Act in 2015, and that the CPU, between 2016 and 2019, received 29 reports concerning child pornography, and one report concerning a case in which a person caused a child to buy a dangerous drug or substance. The Committee notes that most of these cases are under investigation, and that one case was referred to the court. However, the Government has not provided any information on the outcome of that case. The Committee also notes the Government’s indication that a National Steering Committee for the Prevention and Elimination of Child Labour was appointed in February 2019 for a period of three years and has been mandated, among other things, to establish guidelines to unify and manage national monitoring systems and to exploit synergies that can be generated among the different stakeholders, including international cooperation. The Committee requests the Government to continue to provide information on the application in practice of section 18 of the Trafficking in Persons Act and sections 37 and 40 of the Children’s Act, 2012. Please provide detailed information on the number of infringements reported, investigations, prosecutions, convictions and penalties imposed, including on the outcome of the pending cases of trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comment, the Committee noted the different initiatives undertaken by the Government to reduce the number of out-of school children. In its comment on the application of the Minimum Age Convention, 1973 (No. 138), the Committee also noted with satisfaction that the Children’s Act had raised the age of completion of compulsory education to 16, in line with the age of admission to employment or work, and requested the Government to provide statistics on the school enrolment rates and dropout rates of children below the age of 16 years.

The Committee notes that the Government refers, in its report on the application of Convention No. 138, to the Education Policy Paper for 2017–22, which identifies three strategic goals, including: (i) the effective governance and administration of the education system; (ii) access to educational opportunities by all; and (iii) the provision of quality education at all levels. The Committee also notes the Government’s reference, in its report on the application of this Convention, to continued efforts to ensure the enrolment and retention of the most vulnerable children in the education system. In this respect, the Committee notes with interest that the Government refers to a great number of programmes, initiatives and measures, ranging from: (i) economic support for families (grants for school supplies, the provision of transport, breakfast and lunch); (ii) numerous student support services (such as academic and career counselling, psychological support including for suspended students or students at risk, and assistance to students with special educational needs); (iii) support for parents (home visits, support groups, workshops, psychosocial support and guidance); (iv) collaboration of school staff with multiple agencies; (v) training for teachers to help them identify issues of students; and (vi) research undertaken by the Ministry of Education concerning factors leading to school dropouts with a view to develop strategies to retain students in primary and secondary school. The Committee takes due note of the Government’s information in its supplementary report that, in order to mitigate the impact of the COVID-19 pandemic, which resulted in the introduction of virtual education, it has taken various measures including: (i) facilitating the accessibility of online classes through the School Learning Management System; (ii) exploring strategies for the provision of Internet access for all students and teachers; and (iii) maintaining support services for students and parents (remotely).

The Committee also notes the statistics provided by the Government concerning the enrolment of children in school and vocational training, as well as the number of dropouts. The Committee also notes the Government’s indication, in its report on the application of Convention No. 138, that in 2018–19, the total dropout rate of children was 0.09 per cent in primary school, and 0.83 per cent in secondary school, and that the technical and vocational training programmes play a role in mitigating the employment of children under the age of 16 years. Taking due note of the Government’s efforts in this respect, the Committee requests the Government to continue to take measures aimed at increasing school enrolment and attendance rates and reducing the dropout rates and the number of out-of-school children. It also requests the Government to provide statistical information on the results achieved in this regard.

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 for the provision of assistance by the CTU to all child victims of trafficking, and the liaising with the Children’s Authority in this respect. It also noted the provision of assistance to potential child victims of trafficking in person (such as the provision of care, accommodation, psychological and medical care) that were provided by the CTU, the Children’s Authority and relevant NGOs.

Having previously noted the Government’s reference to an envisaged Memorandum of Understanding (MOU) between the Children’s Authority and the CTU to provide assistance to child victims in numerous areas, the Committee welcomes the Government’s indication that such an MOU was signed between the Children’s Authority and the CTU in 2018, and that it provides for, inter alia, placement options to be identified for suspected victims of trafficking. It also notes the Government’s indication that in 2019 (as of August) at least 15 minors had benefited from removal, rehabilitation, skills and English as a second language training and social integration. The Committee requests the Government to continue to provide information on the number of children under 18 years of age who have benefited from services for the removal of child victims of trafficking and for their rehabilitation and social integration. To the extent possible, all information provided should be disaggregated by gender and age.