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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs.The Committee once again requests the Government to provide information on the application in practice of section 4(1) of the Criminal Justice (Suppression of Criminal Organizations) Act, which criminalizes the recruitment of a child to be part of a criminal organization, in relation to the using or procuring of children for drug-related offences contained in the Dangerous Drugs Act. In particular, it requests the Government to indicate the number of prosecutions, convictions and penalties imposed for these offences.

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. The Committee takes note of the Government’s detailed information, in response to the its previous comments regarding the measures taken to increase school enrolment rates and reduce the dropout rates of students from lower socio-economic communities, with special attention to boys. The measures in question are wide ranging and include the provision of cash grants, school feeding stipends and tablets/laptops to hundreds of thousands of beneficiaries. In addition, various mentorship and training programmes, such as the Boys Mentorship/Education Programme of the Commonwealth Secretariat and the Ministry of Education and Youth, continue to support boys’ education through mentoring and support in exploring various options, such as entrepreneurship, and skills development.

The Committee notes, however, that according to the UNICEF country programme document for Jamaica of 27 December 2021, while Jamaica has made significant gains in access to education, including almost universal coverage in pre-primary and primary school levels, major gaps remain. The effects of poverty, low-quality education services and violence lead to chronic underperformance (especially among boys). Moreover, approximately 50,000 adolescents of secondary school age are out of school, and three out of five of these children are boys. Pregnancy and financial problems are the main reasons why children from the poorest quintiles stop attending school (E/ICEF/2022/P/L.11, paragraphs 12–13). In this regard, the Committee notes that the UNICEF country programme aims at enabling girls and boys to learn and develop in a safe environment. The broad strategic outcome is that, by 2026, boys and girls are provided with inclusive quality education services and opportunities that promote improved learning outcomes and skills for life and future work (paragraph 31). Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee once again encourages the Government to continue its efforts to facilitate access to free basic education, particularly with respect to reducing the drop-out rates of students from lower socio-economic communities, with special attention to boys. It requests the Government to continue to provide information on the measures adopted and the results achieved, in particular through the UNICEF country programme, in this regard. Please disaggregate the data provided by gender and age.

Clause (d). Identifying and reaching out to children at special risk. Children in street situations. Following its previous comments, the Committee takes note of the Government’s detailed information regarding the results of the study conducted by the Child Protection and Family Services Agency (CPFSA) on children aged 5 to 17 years living and/or working on the streets in Jamaica. The Committee observes that this study reveals a range of important findings, including:

• Of the 373 respondents, 230 (63 per cent) were boys and 137 (37 per cent) were girls. The highest proportion of children on the streets falls within the ages of 12 (15.72 per cent) and 13 (14.63 per cent), but children from the age of 5 responded.
• While the children were largely hesitant to acknowledge that they “work”, they agreed that their activities could be considered “hustling”. Thirty-five per cent of the respondents hustle, work or beg each day of the week, while 16 per cent hustle four days per week and 54 per cent hustle three days per week. In some communities, parents and children were proud to be labelled as hustlers.
• Children in the streets commonly sell snacks, sweets, newspapers and ground provisions. Over one quarter of the sample wipe car windscreens and wash cars while a smaller proportion (12 per cent) hustle in night clubs and at parties. In addition, the study documented the prevalence of risky sexual practices among children in the streets (including prostitution) and involvement in violent activities.
• The research findings indicate that consumption poverty (being understood in its multidimensional sense, that is, including the wide range of factors that cause poverty) is the most obvious push factor for the child working on the streets, while the potential for quick monetary gains, is the most significant pull factor. Attention must be paid to other important factors, including family break ups or dislocation, lapses in the school system, peer influence, the growing hustling culture, and more.
• The major challenge to addressing these factors is not through defining the appropriate policy and programme, but in creating an environment of collaboration across Ministries, Departments and Agencies and civic bodies at the local and national levels.

In this regard, the Committee welcomes the establishment, by the Government, of a Street and Working Children Taskforce, whose main responsibilities include the design of the street and working children framework of action and roadmap, and to oversee its implementation in a coordinated way, with the aim of halting the phenomenon of children living and working in the streets in Jamaica. Among other things it is currently working on, the Taskforce has created an inventory of services and initiatives that are being executed or planned by Ministries, Departments and Agencies and other partners, including NGOs, that target children in street situations, their families, and the wider community. The Taskforce is also developing a monitoring and evaluation framework (guide data collection, sharing and performance tracking and reporting on its work). Recalling that children in street situations are particularly vulnerable to the worst forms of child labour, the Committee once again strongly encourages the Government to continue taking measures to protect these children from these worst forms, in particular by addressing the push and pull factors that lead children to work in the streets. It also requests the Government to continue to take measures to provide for their rehabilitation and social integration, and to provide information on the number of children in streets who have benefited from these measures.

Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee observes that, according to the 2021 UNAIDS country factsheet for Jamaica, there remain an estimated 11,000 orphans due to HIV/AIDS. With regard to the Committee’s request concerning social protection assistance for OVCs, the Government indicates that the Ministry of Labour and Social Security (MLSS) provides support to all vulnerable members of the population who are in need of assistance and meet the qualifying criteria, including OVCs. The MLSS, in collaboration with its network of parish office and social workers, and in partnership with the relevant Ministry Departments and Agencies, also ensures that the referral mechanisms are in place to identify vulnerable children and provide them with a form of social protection assistance if they are at risk of child labour. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to continue taking measures to provide social protection assistance to these children and to supply information on the number of children who have benefited from such assistance provided by the MLSS.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). Sale and trafficking of children. The Committee takes note of the information shared by the Government in its report regarding the four cases of child trafficking for sexual exploitation that were prosecuted and convicted between 2016 and 2021, and the three cases of child trafficking for labour exploitation that, in 2022, were still in progress before the courts. The penalties imposed on the perpetrators convicted range from severe fines to three to eight years of imprisonment. The Committee requests the Government to continue to ensure that sufficiently effective and dissuasive sanctions are imposed in practice for the offence of child trafficking for both labour and sexual exploitation. It also requests the Government to continue to provide information on the number and nature of prosecutions and penalties imposed for these offences.

Clause (b).Use, procuring or offering of a child for prostitution. In its previous comments, the Committee took note of section 39 of the Child Care and Protection Act (CCPA), 2004, which provides for penalties to any person who employs a child under the age of 18 years in a night club or in any manner, uses a child for purposes contrary to decency or morality. The Government also indicated that amendments to the CCPA would explicitly address children being used for prostitution.

In this regard, the Committee notes that the Government does not indicate whether the amendments to the CCPA have been adopted. Moreover, the Committee observes that the cases of sexual exploitation of children, to which the Government refers in its report, all deal with persons who have recruited, forced or lured children into prostitution, and that the Government does not indicate whether the persons who have used these children for prostitution, that is the clients, have been prosecuted and convicted. The Committee urges the Government to take measures to ensure the that persons who use a child under 18 years of age for the purpose of prostitution are submitted to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to take measures to explicitly set out in law the prohibition of the use of children under 18 for prostitution, either through the amendments to the CCPA or otherwise in the country’s penal legislation. It requests the Government to provide information on the progress made in this regard.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Trafficking of children. In response to its previous comments, the Committee notes the Government’s indication that the National Task Force Against Trafficking in Persons (NATFATIP) has continued its efforts in the areas of prosecution, protection, prevention and partnership throughout 2019 to 2022, resulting in hundreds of investigations regarding trafficking for sexual exploitation and forced labour, and leading to six cases in which the victim was a child. Furthermore, the Government is continuing to build the capacity of its officials, including customs officers and justices, as well as of other stakeholders, including NGOs, foster parents, unions and employer associations, through trainings on anti-trafficking enforcement, policies, laws and standard operating procedures. The Committee encourages the Government to continue its efforts to ensure the protection of children from trafficking for both labour and sexual exploitation, including through the activities undertaken by NATFATIP. It also requests the Government to continue to ensure that thorough investigations and prosecutions of perpetrators of child trafficking are carried out and to continue to provide information on the measures taken in this respect and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s indication that it continues to build the capacity of its workers and other stakeholders to identify and protect victims of trafficking in persons. The Committee notes, however, the Government’s indication that the statistical data on the number of children reached by the measures taken are not available, as this information is not being recorded, and that efforts will be undertaken to address the gap. The Committee encourages the Government to continue its efforts to prevent children from falling victims to trafficking for labour or sexual exploitation and to provide for their removal from such situations and subsequent rehabilitation and social integration, and requests it to provide information on the measures taken in this regard. It also requests the Government to take the necessary measures to ensure that information is available on the results achieved, in terms of the number of children reached through such measures, and to provide this information in its next report.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3 of the Convention. Worst forms of child labour Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs. The Committee previously observed that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, did not appear to be specifically prohibited by the relevant Jamaican legislation. It noted that the draft list of hazardous work prohibited for children did prohibit involving children in illicit activities and the drug industry, as well as more specific provisions prohibiting children from cultivating ganja and guarding ganja fields. The Committee also noted that in practice, children, particularly boys are used as drug couriers and dealers. The Committee urged the Government to take the necessary measures to ensure the adoption of the provisions prohibiting the involvement of children in illicit activities and the drug industry.

The Committee notes the Government’s information that the Jamaica Constabulary Force, in collaboration with the Child Protection and Family Services Agency are responsible for investigating cases involving children for illicit activities. In this regard, the Committee notes that according to section 4(1) of the Criminal Justice (Suppression of Criminal Organizations) Act, 2014 any person recruiting (the definition of recruiting, under section 2, includes counsel, procure, solicit, incite, coerce or induce) a child under the age of 18 years to be part of a criminal organization shall be punished involving imprisonment for not more than 20 years (Second schedule of the Act). It further notes that the Dangerous Drugs Act, 1948, as amended up to 2014 prohibits, the manufacture, sale, possession, import and export of dangerous drugs (sections 3, 7, 7A, 7B, 8, and 15). The Committee requests the Government to provide information on the application in practice of section 4(1) of the Criminal Justice (Suppressions of Criminal Organizations) Act in relation to the using or procuring of children for drug-related offences contained in the Dangerous Drugs Act.

Article 7(2) of the Convention. 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 comments, the Committee noted the various policies and programmes that support access to primary education including, the Programme of Advancement Through Health and Education (PATH); school feeding programmes and establishment of special education units to strategically located primary schools. Noting the concerns raised by the Committee on the Rights of the Child (CRC), in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 54), about the insufficient access to education by children of low-income families, and by the number of students, especially boys, who drop out of school, the Committee requested the Government to strengthen its efforts to facilitate access to free basic education, in particular of boys from low-income families.

The Committee notes the detailed information provided by the Government in its report concerning the various initiatives undertaken within the framework of the PATH to increase access to basic education. These measures include: (i) introduction of free access to public transportation to attend school; (ii) provision of meals increased from three to five days, (iii) provision of free uniform, book vouchers and free rental of books; (iv) payment of insurance for students; and (v) payment of bi-monthly cash grants to student beneficiaries from 6 years of age up to secondary level education who acquire 85 per cent of school attendance and a reduced cash grant for those who are not compliant with the 85 per cent school attendance requirement. In addition, in order to achieve increased attendance and improved academic performance by students, the PATH implemented a public education campaign entitled “School Days Count” to encourage and mobilise students with low attendance rates; and provided updated information to educate stakeholders within schools as well as student beneficiaries and their parents of their responsibilities in complying with the 85 per cent school attendance requirement. It also notes the Government’s indication that the Ministry of Education, Youth and Information (MEUI), in partnership with the Commonwealth Secretariat, has embarked on a special programme to improve the participation of boys in education. Subsequently, 12,000 boys were impacted within Phase I of this programme through collaboration with teachers, principals, private sector organizations, parents and other community members. Phase II of this programme, “Collaborate to Educate Our Sons” has been initiated which focuses on mentorship of boys in difficult socio-economic circumstances.

The Committee further notes from an ILO publication entitled Child Labour and Youth Decent Work Deficit in Jamaica, 2018 that the Government initiated the National Education Strategic Plan (NESP 2011–2020); Safe Schools Policy and the National Play Policy aiming at addressing security issues and making schools more child-friendly; the National School Feeding Policy; the Early Childhood Development Project; and the National Policy for Reintegration of School-age Mothers in the Formal School System in order to provide access to quality education. This report indicates that within the School Feeding Programme, over 130,000 students were provided meals during the year 2016–17. In this regard, the Committee notes from the Jamaica Youth Activity Survey Report of 2016, that 97.5 per cent of children between the ages of 5 to 17 years attend school. The number of children in this age group that never attended school amounted to 2,393 (less than one percent of the total number of children) while the number of children dropped out of school amounted to 9,833 children (1.5 per cent). The Committee, however, notes from the UNICEF Report on Situation Analysis of Jamaican Children, 2018 that while most of Jamaica’s children have access to publicly funded education, many are affected by poverty and its attendant effects, resulting in less than desired participation, lack of progress, chronic under-performance and, in some cases, even the failure to complete their education. This is particularly evident at the upper secondary level among boys in economically disadvantaged families, and at schools located in lower socio-economic communities in rural and urban areas. Boys living in these communities have a higher propensity to drop out of school and become at-risk. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to facilitate access to free basic education, particularly with respect to increasing school enrolment rates and reducing the drop-out rates of students from lower socio-economic communities, with special attention to boys. It requests the Government to continue to provide information on the measures adopted and the results achieved in this regard. Please disaggregate the data provided by gender and age.

Clause (d). Identify and reach out to children at special risk. 1. Street children. In its previous comments, the Committee noted that the Ministry of Youth and Culture was developing a plan of action to address the plight of street and working children, which will include data collection in the form of dipstick surveys conducted throughout the whole island. It also noted the Possibility Programme which provides support to children living and working on the streets through the Care centre, the skills training and employment centre, the resocialization camp the Possibility hostel as well as a Residential Childcare Facility (RCCF). The Committee encouraged the Government to pursue its efforts to protect street children from these worst forms, and to continue to take measures to provide for their rehabilitation and reintegration.

The Committee notes the Government’s statement that the issue of children living and working on the streets has been a matter of concern for over a decade. It notes the Government’s information that from 2014 to 2015, the Child Protection and Family Services Agency (CPFSA) conducted seven dipstick surveys in six parishes and the results led to the establishment of Child Protection Committees (CPC) in a number of parishes. The CPCs carried out a series of public education campaigns to address issues such as child labour and sexual exploitation of children living on the streets. The Government further indicates that by the end of March 2018, there were 4,057 children under the care of the CPFSA who were provided with educational facilities through public and private educational programmes. The Committee further notes the Government’s information that the CPFSA is in the process of conducting a study to determine the prevalence and identify the factors which contribute to children living and working on the streets. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again strongly encourages the Government to pursue its efforts to protect street children from these worst forms, and to continue to take measures to provide for their rehabilitation and reintegration. It requests the Government to continue providing information on the effective and time-bound measures taken in this regard, and on the number of street children who have benefited from such initiatives. Lastly, the Committee requests the Government to provide information on the findings of the study conducted by CPFSA, when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted that according to UNICEF, it was estimated that 20,000 OVCs by HIV/AIDS live in Jamaica. It also noted from the UNAIDS country progress report of 2014, that there were limited strategic efforts around orphans and children made vulnerable by HIV/AIDS in Jamaica and there was a need for a multisectoral response to address the needs of OVCs affected by HIV/AIDS. The Committee therefore urged the Government to take effective and time-bound measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from the worst forms of child labour.

The Committee notes the Government’s statement that it has explicitly recognised that the impact of the HIV disease on orphaned children is significant and that an estimated more than 13,000 children have been orphaned or are vulnerable due to this disease. The Government indicates that the civil society and public agencies have pursued collaborative efforts to provide a safe environment for OVCs by making schools supportive of OVCs. Moreover, the MEYI maintains its Host School Programme which provides for placement in educational institutions for OVCs who may have experienced stigma issues in school. In addition, some OVCs benefit from the government/residential care facilities, school feeding programmes, tuition and other educational grants. The Government further states that investments are being made on OVCs services and that steps to qualify the OVC population as a special condition for social protection assistance is ongoing. Moreover, the Government states that the revised HIV policy includes actions towards mitigating the socio-economic impact of HIV on orphans and vulnerable children. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It requests the Government to provide information on the particular measures taken in this regard, including information on the adoption and implementation of the social protection assistance for OVCs and the HIV policy.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the various provisions under the Sexual Offences Act which criminalize sexual offences against children, including: section 18(1)(a) which prohibits procuring a child under the age of 18 years for prostitution; and section 10(1) which prohibits any sexual relations with persons under the age of 16 years. The former offence entails a maximum penalty of imprisonment for 15 years and fine and the latter a penalty of life imprisonment. However, the Committee observed that there appeared to be no provision criminalizing the use of a child by a client for prostitution and requested the Government to take the necessary measures to enact provisions prohibiting such offences.

The Committee notes the Government’s reference, in its report, to section 39 of the Child Care and Protection Act (CCPA), 2004, which provides for penalties to any person who employs a child under the age of 18 years in a night club or in any manner, uses a child for purposes contrary to decency or morality. Persons committing such offences shall be liable to a fine not exceeding 1 million Jamaican dollars (US$7,128) or one year imprisonment and revocation of the licence to operate the nightclub. The Government also indicates that the amendments to the CCPA will explicitly address children being used for prostitution. In this regard, the Committee notes that according to the 2018 Report of the National Rapporteur on Trafficking in Persons (2018 Report on TIP), girls are victims of recruitment strategy by traffickers and are exploited in clubs, bars, massage parlours and hotspots for prostitution. Recalling that Article 3(b) of the Convention prohibits the use of a child under 18 years of age for prostitution, the Committee expresses the firm hope that the amendments to the CCPA will contain a prohibition on the use of a child under 18 years of age for the purpose of prostitution, in accordance with the Convention and that these amendments will be adopted without delay. It requests the Government to provide information on any progress made in this regard. The Committee further requests the Government to provide information on the application in practice of section 39 of the CCPA, as regards the number of persons prosecuted for the offences related to the sexual exploitation of girls employed in bars and nightclubs, and the convictions and penalties applied.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Articles 5 and 7(1). Monitoring mechanisms, penalties and the application of the Convention in practice. Trafficking of children and child prostitution. The Committee previously noted the establishment of the National Task Force Against Trafficking in Persons (NATFATIP) for the effective implementation of the National Plan of Action for Combating Trafficking in Persons; various awareness-raising measures taken to prevent trafficking as well as trainings and sensitization programmes provided to prosecutors, investigators, judges, labour inspectors, social workers and other public officials on trafficking in persons; and the amendments made to the Trafficking in Persons Act (TIP Act) 2009 thereby prescribing aggravating circumstances and stiffer penalties for trafficking of children under section 4A(2)(l). The Committee requested the Government to continue to take measures to ensure, in practice, the protection of children from trafficking and commercial sexual exploitation.

The Committee notes the Government’s information that the CCPA was amended in March 2018 in order to increase the penalties of imprisonment for the offences of sale and trafficking of children to 20 years so as to reconcile these with the penalties established under the TIP Act. It notes that from 2015 to 2018, a total of five convictions for trafficking in persons were secured, of which three convictions were made against persons charged with trafficking of children under the age of 18 years. These convicted persons were sentenced to imprisonment from four to 16 years.

The Committee also notes the following information provided by the Government on the measures taken by the NATFATIP to combat trafficking in persons (TIP):

• -several awareness-raising activities to provide information and sensitize the public on the common indicators of TIP and on how to prevent TIP and to identify victims of trafficking were undertaken. According to the 2018 Report TIP, 17,000 students, teachers, government officials and community members were sensitized through these initiatives;
• -a curriculum on TIP has been developed and introduced in primary and secondary schools; and
• -the Anti-Trafficking in Persons and Intellectual Property Vice Squad (A-TIP squad) conducted 78 training sessions and seminars, from 2017 to 2018, for prosecutors, judges, border control personnel and other law enforcement representatives on how to effectively identify and respond to trafficking in persons cases. The 2018 Report on TIP indicates that of the 76 victims of trafficking rescued until January 2018, over 50 per cent were children with the majority being boys who were victims of labour exploitation.

The Committee also notes the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), that a Child Protection Compact (CPC), a multi-year plan partnership aimed at reducing child trafficking by building effective systems of justice, child protection, prevention of abuse and exploitation of children was signed with the United States and officially launched on 14th February 2019. The Committee, however, notes that according to the 2018 Report on TIP, the occurrence of child trafficking is far greater in Jamaica than what has been reported. While noting the measures taken by the Government, the Committee encourages it to strengthen its efforts to ensure the protection of children from trafficking and commercial sexual exploitation, including through the activities undertaken by NATFATIP and the measures taken within the Child Protection Compact. It also requests the Government to continue to ensure that thorough investigations and prosecutions of perpetrators of the trafficking and commercial sexual exploitation of children are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. Furthermore, the Committee requests the Government to continue to provide information on the measures taken in this respect and on the results achieved, including the number and nature of prosecutions and penalties imposed for the offences related to the trafficking and commercial sexual exploitation of children.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. The Committee previously noted that the National Plan of Action for Combating Trafficking in Persons provides for the establishment of mechanisms for the protection and care of victims with a focus on rescue, removal and reintegration. Noting that a very limited number of child victims were provided assistance, the Committee requested the Government to intensify its efforts to take effective and time-bound measures to ensure appropriate services to child victims of trafficking and commercial sexual exploitation, including child sex tourism, and to facilitate their rehabilitation and social integration.

The Committee notes from the Government’s report that a Victim Protection Protocol was established by the NATFATIP to deliver guidelines for the care and protection of victims of trafficking. The Government also indicates that a Draft Protocol to guide Child Welfare Officials in handling victims of trafficking was prepared to guide officers of the Child Protection and Family Services Agency. It notes the Government’s information that Shelter Guidelines and Standard Operating Procedures (SOP) were developed and that over 400 healthcare workers and over 30 labour officers and inspectors were provided training on the SOP in 2018. The Committee also notes the information provided by the Government on the support services provided for victims, including provision of shelter, food, clothing, transportation and primary healthcare; psychosocial support, counselling services and therapeutic intervention; legal services, immigration and travel assistance; access to education; and provision of welfare assistance. The Government further indicates that from 2015 to 2018, 11 victims were placed in shelters and five victims were repatriated. The Committee once again requests the Government to intensify its efforts, including within the framework of the National Action Plan for Combating Trafficking in Persons, to prevent children from falling victims to trafficking and commercial sexual exploitation and to provide for their removal from such situations and subsequent rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved in terms of the number of children reached through such measures.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 7(2) of the Convention. 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 comments, the Committee noted the Government’s indication that the Charter of Rights provides that every child who is a citizen of Jamaica shall have access to education by way of publicly funded tuition in public educational institutions at the pre-primary and primary levels. The Committee observed however that, according to UNESCO, the net enrolment rate for primary education has fallen from 89 per cent to 80 per cent between 1999 and 2008, and that the number of out-of-school children of primary school age had risen from 34,000 to 66,000 children.

The Committee notes the Government’s information in its report that the PATH Programme – a social safety net programme targeting vulnerable households by providing financial assistance with a clause of school attendance – has registered 381,436 beneficiaries as of the end of June 2015, including 165,853 students. The Government indicates that a Draft Special Education Policy is in place, along with procedural manuals and training plans. The Committee observes that in the UNESCO report on Jamaica entitled Education for all 2015 national review, the Government took several policies or programmes to support access to primary education, including school feeding programmes and Special education units attached to strategically located primary schools (page 11). The Committee notes that, according to UNESCO estimates, the enrolment rate for primary education reached 85.3 per cent in 2013. It notes, however, that, in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 54), the Committee on the Rights of the Child (CRC) is concerned about the insufficient access to education by children of low-income families, and by the number of students, especially boys, who drop out of school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free basic education, taking into account the special situation of boys from low-income families. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with respect to increasing school enrolment rates and reducing the overall number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. 1. Street children. In its previous comments, the Committee noted the results of a study commissioned by the Child Development Agency (CDA), which revealed that there were approximately 6,500 street children, the majority of whom were males aged 6–17 years who were particularly vulnerable to being engaged in trafficking and illicit activities.

The Committee notes the Government’s indication in its report that the Ministry of Youth and Culture, now operating with the Children Affairs Division met as a small technical working group to develop a plan of action to address the plight of street and working children. The plan of action will include data collection in the form of dipstick surveys conducted throughout the whole island. The Government also indicates that the Possibility programme continues to provide support to children living and working on the streets through the Care centre, the skills training and employment centre, the re-socialization camp and the Possibility hostel. It also operates as a Residential Childcare Facility (RCCF). The Government mentions that the programme expanded its focus to include not only boys working in the streets but also with other vulnerabilities, which resulted in a decrease of the number of boys in the streets. In 2014, the programme assisted 58 boys, including 28 through the Care centre, 13 through the skills centre, seven through the Jamaica Defence Force partnership and ten were resident at the hostel. While taking due note of these measures, the Committee observes that, in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 60), the CRC reiterates its concern about children in street situations and issues relating to this phenomenon, such as sexual exploitation. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect street children from these worst forms, and to continue to take measures to provide for their rehabilitation and reintegration. The Committee requests the Government to continue providing information on the effective and time-bound measures taken in this regard, and on the number of street children who have benefited from such initiatives. Lastly, the Committee encourages the Government to pursue its efforts to ensure that data collection on street children will be conducted, and to provide this information when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the information from UNICEF that HIV/AIDS is one of the contributing factors to the growing number of vulnerable or at-risk children in Jamaica.

The Committee notes the Government’s indication that a report entitled Situation analysis on the psychosocial needs of orphans and children made vulnerable (OVCs) by HIV/AIDS: Jamaica was conducted by World Learning in 2013. The Government states that the report reveals limited psychosocial and general care responses from the Government to OVCs by HIV/AIDS. According to the study, 21 per cent of the respondents reported having frequent absences from school. The study recommended a sustainable approach to strengthen the institutional capacity of the Government to address the gaps. It called for different measures including the development of a National Plan of Action for OVCs in Jamaica, access to education, provision of psychosocial support, social protection, health and nutrition through feeding programmes and development of income generating initiatives. The study also stated that, according to UNICEF, it was estimated that 20,000 OVCs by HIV/AIDS live in Jamaica. The Committee further notes that, according to the UNAIDS country progress report of 2014, there was limited strategic efforts around orphans and children made vulnerable by HIV/AIDS in Jamaica and there was a need for a multisectoral response to address the needs of OVCs by HIV/AIDS. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It requests the Government to provide information on the particular measures taken in this regard.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that the Sexual Offences Act prohibits procuring any person to become a prostitute (section 18(1)(b)), and prohibits living off the proceeds of prostitution (section 23(1)(a)). However, the Committee observed that the Sexual Offences Act did not appear to prohibit the use of a person under the age of 18 for the purpose of prostitution, that is, by a client. The Committee also noted the Government’s indication that two bills were debated by Parliament relating to sexual offences.

The Committee notes the Government’s statement that sexual intercourse with a person under the age of 16 is prohibited and that any sexual relations with a child entail the maximum penalty of life imprisonment. The Government also indicates that a Sex Offenders Registry was established in 2014 under the control of the Department of Corrections. The Committee reminds the Government that a child is defined as a person under 18 years old in accordance with Article 2 of the Convention and that Article 3(b) specifically prohibits the use of a child for prostitution, that is, by a client. The Committee, therefore, requests the Government to take the necessary measures to ensure that its legislation contains a prohibition on the use of a child under 18 years of age for the purpose of prostitution, in accordance with the Convention.

Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs. The Committee previously observed that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, did not appear to be specifically prohibited by the relevant Jamaican legislation. It also noted that, in practice, children were used in Jamaica as drug couriers and for selling drugs. However, the Committee noted that the draft list of hazardous work prohibited for children did prohibit involving children in illicit activities and the drug industry, as well as more specific provisions prohibiting children from cultivating ganja and guarding ganja fields. The Committee also noted the information from the International Trade Union Confederation, that in the country, boys are used as drug couriers and dealers.

The Committee notes the Government’s statement that provisions prohibiting the use of children in illicit activities will be included under the review of the Child Care and Protection Act as well as in the draft Occupational, Safety and Hazards Act (OSH Act). The Committee urges the Government to take the necessary measures to ensure the adoption of the provisions prohibiting the involvement of children in illicit activities and the drug industry, in the near future (whether in the Child Care and Protection Act or the OSH Act). The Committee also requests the Government to take measures to ensure that this offence is punishable with sufficiently effective and dissuasive penalties.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138). The Committee also draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190.

Articles 5 and 7(1). Monitoring mechanisms, penalties and the application of the Convention in practice. Trafficking of children and child prostitution. The Committee previously noted that trafficking of children (particularly for the purpose of forced prostitution) and commercial sexual exploitation of children (especially in tourist areas) are a problem in Jamaica. The Committee noted that a National Task Force Against Trafficking in Persons (NATFATIP) is responsible for the implementation of the plan of action. The Committee finally observed that the number of reported cases of child trafficking appeared to be significantly higher than the total number of cases of trafficking that were investigated.

The Committee takes note of the National Plan of Action for Combating Trafficking in Persons 2012–15 attached with the Government’s report. The Committee also notes the Government’s statement that the Trafficking in Persons Act 2009 was amended in 2013, and prescribes aggravating circumstances and stiffer penalties when the victim of trafficking is a child, under section 4A(2)(l). The Government further reports that 35 investigations have been initiated, five persons arrested and two new prosecutions carried out. It also indicates that prosecutors, investigators, judges, labour inspectors, social workers and other public officials received training on trafficking in persons. In addition, 76 police officers attached to the Organized Crime Investigations Division (OCID) were also sensitized as well as line operators of the Office of the Children’s Registry. Moreover, the Jamaica Constabulary Force developed Standard Operating Procedures for human trafficking and the Passport, Immigration and Citizenship Agency (PICA) has been sensitized to the distinction of treatment for victims of trafficking. The Committee takes note of the awareness-raising measures taken by the Government to prevent trafficking. In this regard, the Government states that the NATFATIP has entered into an agreement with the Jamaica Information Service, the Media and Public Relations Branch of the Government in order to provide a range of mass media public education content. While taking due note of these measures, the Committee observes that, according to its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 62), the Committee on the Rights of the Child notes that the State party is a source, transit, and destination country for adults and children subjected to sex trafficking and forced labour and is concerned about reports of children being coerced to engage in commercial sex, including sex tourism, in the State party. The Committee, therefore, requests the Government to continue to take measures to ensure, in practice, the protection of children from trafficking and commercial sexual exploitation. It requests the Government to ensure that thorough investigations and robust prosecutions of perpetrators of the trafficking and commercial sexual exploitation of children are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It asks the Government to provide information on the measures taken in this respect, including through the implementation of the National Plan of Action for Combating Trafficking in Persons by the NATFATIP, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. Following its previous comments, the Committee notes that the National Plan of Action for Combating Trafficking in Persons provides for the establishment of mechanisms for the protection and care of victims with a focus on rescue, removal and reintegration. The Committee notes the information in the Government’s report that a shelter is now functional for women and child victims of trafficking in accordance with the shelter guidelines approved by the Cabinet, where victims are provided with health services, social work aid, psychosocial care and training. The Government indicates that out of eight victims identified, one was a child, who was taken care of by the Child Development Agency (CDA) and states that the shelter currently houses one victim. Noting the very limited number of child victims being assisted, the Committee requests the Government to intensify its efforts to take effective and time-bound measures to ensure the provision of appropriate services, including legal, psychological and medical services, to child victims of trafficking and commercial sexual exploitation, including child sex tourism, to facilitate their rehabilitation and social integration. It requests the Government to continue to provide information on measures taken in this regard, including the number of children reached through these initiatives.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 7(2) of the Convention. 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 comments, the Committee noted the Government’s indication that the Charter of Rights provides that every child who is a citizen of Jamaica shall have access to education by way of publicly funded tuition in public educational institutions at the pre-primary and primary levels. The Committee observed however that, according to UNESCO, the net enrolment rate for primary education has fallen from 89 per cent to 80 per cent between 1999 and 2008, and that the number of out-of-school children of primary school age had risen from 34,000 to 66,000 children.

The Committee notes the Government’s information in its report that the PATH Programme – a social safety net programme targeting vulnerable households by providing financial assistance with a clause of school attendance – has registered 381,436 beneficiaries as of the end of June 2015, including 165,853 students. The Government indicates that a Draft Special Education Policy is in place, along with procedural manuals and training plans. The Committee observes that in the UNESCO report on Jamaica entitled Education for all 2015 national review, the Government took several policies or programmes to support access to primary education, including school feeding programmes and Special education units attached to strategically located primary schools (page 11). The Committee notes that, according to UNESCO estimates, the enrolment rate for primary education reached 85.3 per cent in 2013. It notes, however, that, in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 54), the Committee on the Rights of the Child (CRC) is concerned about the insufficient access to education by children of low-income families, and by the number of students, especially boys, who drop out of school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free basic education, taking into account the special situation of boys from low-income families. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with respect to increasing school enrolment rates and reducing the overall number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. 1. Street children. In its previous comments, the Committee noted the results of a study commissioned by the Child Development Agency (CDA), which revealed that there were approximately 6,500 street children, the majority of whom were males aged 6–17 years who were particularly vulnerable to being engaged in trafficking and illicit activities.

The Committee notes the Government’s indication in its report that the Ministry of Youth and Culture, now operating with the Children Affairs Division met as a small technical working group to develop a plan of action to address the plight of street and working children. The plan of action will include data collection in the form of dipstick surveys conducted throughout the whole island. The Government also indicates that the Possibility programme continues to provide support to children living and working on the streets through the Care centre, the skills training and employment centre, the re-socialization camp and the Possibility hostel. It also operates as a Residential Childcare Facility (RCCF). The Government mentions that the programme expanded its focus to include not only boys working in the streets but also with other vulnerabilities, which resulted in a decrease of the number of boys in the streets. In 2014, the programme assisted 58 boys, including 28 through the Care centre, 13 through the skills centre, seven through the Jamaica Defence Force partnership and ten were resident at the hostel. While taking due note of these measures, the Committee observes that, in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 60), the CRC reiterates its concern about children in street situations and issues relating to this phenomenon, such as sexual exploitation. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect street children from these worst forms, and to continue to take measures to provide for their rehabilitation and reintegration. The Committee requests the Government to continue providing information on the effective and time-bound measures taken in this regard, and on the number of street children who have benefited from such initiatives. Lastly, the Committee encourages the Government to pursue its efforts to ensure that data collection on street children will be conducted, and to provide this information when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the information from UNICEF that HIV/AIDS is one of the contributing factors to the growing number of vulnerable or at-risk children in Jamaica.

The Committee notes the Government’s indication that a report entitled Situation analysis on the psychosocial needs of orphans and children made vulnerable (OVCs) by HIV/AIDS: Jamaica was conducted by World Learning in 2013. The Government states that the report reveals limited psychosocial and general care responses from the Government to OVCs by HIV/AIDS. According to the study, 21 per cent of the respondents reported having frequent absences from school. The study recommended a sustainable approach to strengthen the institutional capacity of the Government to address the gaps. It called for different measures including the development of a National Plan of Action for OVCs in Jamaica, access to education, provision of psychosocial support, social protection, health and nutrition through feeding programmes and development of income generating initiatives. The study also stated that, according to UNICEF, it was estimated that 20,000 OVCs by HIV/AIDS live in Jamaica. The Committee further notes that, according to the UNAIDS country progress report of 2014, there was limited strategic efforts around orphans and children made vulnerable by HIV/AIDS in Jamaica and there was a need for a multisectoral response to address the needs of OVCs by HIV/AIDS. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It requests the Government to provide information on the particular measures taken in this regard.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that the Sexual Offences Act prohibits procuring any person to become a prostitute (section 18(1)(b)), and prohibits living off the proceeds of prostitution (section 23(1)(a)). However, the Committee observed that the Sexual Offences Act did not appear to prohibit the use of a person under the age of 18 for the purpose of prostitution, that is, by a client. The Committee also noted the Government’s indication that two bills were debated by Parliament relating to sexual offences.

The Committee notes the Government’s statement that sexual intercourse with a person under the age of 16 is prohibited and that any sexual relations with a child entail the maximum penalty of life imprisonment. The Government also indicates that a Sex Offenders Registry was established in 2014 under the control of the Department of Corrections. The Committee reminds the Government that a child is defined as a person under 18 years old in accordance with Article 2 of the Convention and that Article 3(b) specifically prohibits the use of a child for prostitution, that is, by a client. The Committee, therefore, requests the Government to take the necessary measures to ensure that its legislation contains a prohibition on the use of a child under 18 years of age for the purpose of prostitution, in accordance with the Convention.

Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs. The Committee previously observed that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, did not appear to be specifically prohibited by the relevant Jamaican legislation. It also noted that, in practice, children were used in Jamaica as drug couriers and for selling drugs. However, the Committee noted that the draft list of hazardous work prohibited for children did prohibit involving children in illicit activities and the drug industry, as well as more specific provisions prohibiting children from cultivating ganja and guarding ganja fields. The Committee also noted the information from the International Trade Union Confederation, that in the country, boys are used as drug couriers and dealers.

The Committee notes the Government’s statement that provisions prohibiting the use of children in illicit activities will be included under the review of the Child Care and Protection Act as well as in the draft Occupational, Safety and Hazards Act (OSH Act). The Committee urges the Government to take the necessary measures to ensure the adoption of the provisions prohibiting the involvement of children in illicit activities and the drug industry, in the near future (whether in the Child Care and Protection Act or the OSH Act). The Committee also requests the Government to take measures to ensure that this offence is punishable with sufficiently effective and dissuasive penalties.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138). The Committee also draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190.

Articles 5 and 7(1). Monitoring mechanisms, penalties and the application of the Convention in practice. Trafficking of children and child prostitution. The Committee previously noted that trafficking of children (particularly for the purpose of forced prostitution) and commercial sexual exploitation of children (especially in tourist areas) are a problem in Jamaica. The Committee noted that a National Task Force Against Trafficking in Persons (NATFATIP) is responsible for the implementation of the plan of action. The Committee finally observed that the number of reported cases of child trafficking appeared to be significantly higher than the total number of cases of trafficking that were investigated.

The Committee takes note of the National Plan of Action for Combating Trafficking in Persons 2012–15 attached with the Government’s report. The Committee also notes the Government’s statement that the Trafficking in Persons Act 2009 was amended in 2013, and prescribes aggravating circumstances and stiffer penalties when the victim of trafficking is a child, under section 4A(2)(l). The Government further reports that 35 investigations have been initiated, five persons arrested and two new prosecutions carried out. It also indicates that prosecutors, investigators, judges, labour inspectors, social workers and other public officials received training on trafficking in persons. In addition, 76 police officers attached to the Organized Crime Investigations Division (OCID) were also sensitized as well as line operators of the Office of the Children’s Registry. Moreover, the Jamaica Constabulary Force developed Standard Operating Procedures for human trafficking and the Passport, Immigration and Citizenship Agency (PICA) has been sensitized to the distinction of treatment for victims of trafficking. The Committee takes note of the awareness-raising measures taken by the Government to prevent trafficking. In this regard, the Government states that the NATFATIP has entered into an agreement with the Jamaica Information Service, the Media and Public Relations Branch of the Government in order to provide a range of mass media public education content. While taking due note of these measures, the Committee observes that, according to its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 62), the Committee on the Rights of the Child notes that the State party is a source, transit, and destination country for adults and children subjected to sex trafficking and forced labour and is concerned about reports of children being coerced to engage in commercial sex, including sex tourism, in the State party. The Committee, therefore, requests the Government to continue to take measures to ensure, in practice, the protection of children from trafficking and commercial sexual exploitation. It requests the Government to ensure that thorough investigations and robust prosecutions of perpetrators of the trafficking and commercial sexual exploitation of children are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It asks the Government to provide information on the measures taken in this respect, including through the implementation of the National Plan of Action for Combating Trafficking in Persons by the NATFATIP, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. Following its previous comments, the Committee notes that the National Plan of Action for Combating Trafficking in Persons provides for the establishment of mechanisms for the protection and care of victims with a focus on rescue, removal and reintegration. The Committee notes the information in the Government’s report that a shelter is now functional for women and child victims of trafficking in accordance with the shelter guidelines approved by the Cabinet, where victims are provided with health services, social work aid, psychosocial care and training. The Government indicates that out of eight victims identified, one was a child, who was taken care of by the Child Development Agency (CDA) and states that the shelter currently houses one victim. Noting the very limited number of child victims being assisted, the Committee requests the Government to intensify its efforts to take effective and time-bound measures to ensure the provision of appropriate services, including legal, psychological and medical services, to child victims of trafficking and commercial sexual exploitation, including child sex tourism, to facilitate their rehabilitation and social integration. It requests the Government to continue to provide information on measures taken in this regard, including the number of children reached through these initiatives.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that as of 2009, Jamaica was participating in the ILO–IPEC “Tackling Child Labour through Education” project (TACKLE project), which aimed to contribute to poverty reduction by providing equitable access to basic education and skills development to the most disadvantaged sections of society.

The Committee notes with interest the measures taken by the Government with regard to increasing access to basic education. In this regard, the Committee notes the Government’s indication that in 2011, it enacted the Charter of Rights, which provides that every child who is a citizen of Jamaica shall have access to education by way of publicly funded tuition in public educational institutions at the pre-primary and primary levels. The Government also indicates that it is implementing the Expanding Educational Horizon Project, which aims to improve literacy and numeracy skills among children of primary school age in 71 primary schools, as well as out-of-school children through informal interventions such as remedial education. The Committee further notes the information provided in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138), that through the TACKLE Project several actions were implemented, such as the review of national education policy to include child labour issues. Additionally, though the TACKLE project, an action programme was implemented aimed at preventing children from engaging in child labour through formal and informal educational activities, which reached 670 children in three towns and included the provision of peer counselling, transportation, uniforms and other facilities to support their sustained retention and improved performance in school.

The Committee notes the information in the 2011 UNESCO Education For All Global Monitoring Report that the net enrolment rate for primary education has fallen from 89 per cent to 80 per cent between 1999 and 2008, and that the number of out-of-school children of primary school age has risen from 34,000 to 66,000 children. Therefore, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to education. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with respect to increasing school enrolment rates and reducing the overall number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation. The Committee also noted the results of a 2002 study commissioned by the Child Development Agency (CDA), which revealed that there were approximately 6,500 street children, the majority of whom were males aged 6–17 years who were particularly vulnerable to being engaged in trafficking and illicit activities.

The Committee once again notes the Government’s statement that a national survey on street and working children is needed to assist in the development of policies on this subject, and that the CDA is in the process of seeking funds to undertake such a study. It also notes the Government’s indication that support continues to be provided to children who live or work on the streets through the Youth Development Programme (which assists youth to make the transition to adulthood and the world of work) and the Youth Empowerment Strategy (which provides financial assistance to youth), as well as by the Young Men’s Christian Association which provides remedial education and pre-vocational training to street children. The Committee further notes the information in the report of the Office of the Children’s Registry (OCR), submitted with the Government’s report, concerning the number of reports received by the OCR concerning children living on the street. The OCR received 14 such reports in 2008, 23 such reports in 2009, two reports in 2010 and two reports in the first seven months of 2011. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect street children from these worst forms, and to take measures to provide for their rehabilitation and reintegration. The Committee requests the Government to continue providing information on the effective and time-bound measures taken in this regard, and on the number of street children who have benefited from such initiatives. Lastly, the Committee encourages the Government to pursue its efforts to undertake a national survey on street children, and to provide this information when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the information in a 2009 UNICEF document entitled “Orphans and Vulnerable Children” that HIV/AIDS is one of the contributing factors to the growing number of vulnerable or at-risk children in Jamaica. A 2002 Rapid Assessment Study indicated that there were approximately 5,125 children in Jamaica who had lost a parent to HIV/AIDS, and that approximately 10,000–20,000 children were made vulnerable by the disease. The Committee further noted the information in the Government’s 2010 Country Progress Report to the United Nations General Assembly Special Session (UNGASS) on HIV/AIDS that a situational analysis of OVCs in Jamaica (conducted in 2008) found that the majority of parents and caregivers of OVCs were experiencing high levels of poverty. At the time of the analysis, 78.2 per cent of the sample perceived little or no help was forthcoming from institutions.

The Committee notes the Government’s indication in its Country Progress Report of 31 March 2012 to the UNGASS on HIV/AIDS that, through a partnership with an NGO, measures have been taken to improve the lives of children infected with, or affected by HIV, through the provision of grants to affected households with children. However, the Government also states in this report that policies and strategies to address the additional needs of OVCs require revision, as the older strategic plans have expired and new priorities and interventions are necessary to address the prevailing needs of OVCs. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It requests the Government to provide information on the particular measures taken in this regard in its next report.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted the adoption of the Sexual Offences Act, which addresses sexual offences against children. The Committee observed that the Sexual Offences Act prohibits procuring any person to become a prostitute (section 18 (1)(b)), and prohibits living off the proceeds of prostitution (section 23(1)(a)). However, the Committee observed that the Sexual Offences Act did not appear to prohibit the use of a person under the age of 18 for the purpose of prostitution.

The Committee notes the Government’s statement that it is an offence to procure any person for the purpose of prostitution. The Committee also notes the Government’s indication that there are two bills currently being debated by Parliament relating to sexual offences, although the Committee observes that these bills do not appear to relate to the prostitution of children, and particularly the use of children under 18 years for prostitution, i.e. by a client. Accordingly, the Committee once again requests the Government to provide information on whether there are any legislative provisions which prohibit particularly the use of a child for the purpose of prostitution. If no such provisions exist, the Committee requests the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future.

Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs. The Committee previously observed that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, did not appear to be specifically prohibited by the relevant Jamaican legislation. It also noted that, in practice, children were used in Jamaica as drug couriers and for selling drugs. However, the Committee noted that the draft list of hazardous work prohibited for children did prohibit involving children in illicit activities and the drug industry, as well as more specific provisions prohibiting children from cultivating ganja and guarding ganja fields.

The Committee notes the Government’s indication that the draft of the list of hazardous work prohibited for children has not yet been adopted. However, the Government indicates that one of the reported cases of human trafficking concerned the use of a child in drug-related activities. The Committee also notes the information from the International Trade Union Confederation in a report entitled “Internationally Recognized Core Labour Standards in Jamaica” of January 2011 that in the country, boys are used as drug couriers and dealers. The Committee, therefore, once again urges the Government to take the necessary measures to ensure the adoption of the provisions (in the list of hazardous work prohibited for children) prohibiting the involvement of children in illicit activities and the drug industry, in the near future. The Committee also requests the Government to take measures to ensure that this offence is punishable with sufficiently effective and dissuasive penalties.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that a tripartite workshop was held to identify hazardous types of work, and that a list of types of hazardous work would be contained in the new Occupational Safety and Health Act (OSH Act) or its regulations. The Committee noted that the draft hazardous work list contained 45 types of prohibited work.

The Committee notes the Government’s indication that the list of hazardous work will be included in the regulations of the new OSH Act, when adopted. The Government indicates that the OSH Act has been reviewed and placed on the Ministry of Labour and Social Security’s legislative agenda for 2012–13. Observing that the Government has been developing this list since 2006, the Committee reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It, therefore, once again urges the Government to take the necessary measures, as a matter of urgency, to ensure that the OSH Act, and the regulations containing the list of types of hazardous work prohibited for children, is adopted in the near future. It requests the Government to provide a final copy of the list, once it has been adopted.

Articles 5 and 7(1) and Part V of the report form. Monitoring mechanisms, penalties and the application of the Convention in practice. Trafficking of children and child prostitution. The Committee previously noted that trafficking of children (particularly for the purpose of forced prostitution) and commercial sexual exploitation of children (especially in tourist areas) are a problem in Jamaica. The Committee also noted that more vigorous investigations of trafficking offences was necessary. In this regard, the Government indicated that the Child Labour Unit collaborated with the Trafficking in Persons Unit in the Jamaica Constabulary Force. However, the Government also indicated that an assessment on the enforcement machinery to combat child labour in Jamaica indicated that much more needed to be done on the ground to facilitate greater cooperation between agencies.

The Committee notes the Government’s statement that a Plan of Action to Combat Trafficking in Persons was developed in May 2012, which is to be endorsed by the Cabinet. The Committee also notes the information in the Government’s report submitted under the Forced Labour Convention, 1930 (No. 29), that the National Task Force Against Trafficking in Persons is responsible for the implementation of the Plan of Action, and that this plan includes an emphasis on the suppression of trafficking in persons and prosecution policies for offenders. The Committee further notes the Government’s indication that the Trafficking in Persons Act 2009 is to be reviewed to allow for stiffer penalties for offenders, mandatory reporting responsibilities to bring known or suspected cases to the relevant authorities and sentencing guidelines.

The Committee notes the information in the report of the Office of the Children’s Registry, submitted with the Government’s report, that between 2007 and the first seven months of 2011, this Office had received eight reports concerning the trafficking of children for the purpose of sexual exploitation and 23 reports of the trafficking of children for the purpose of labour exploitation. The Government states that, despite increases in reports related to child labour and child trafficking, this is not reflected in the number of cases brought before courts. In this regard, the Committee notes the Government’s statement in its report submitted under Convention No. 29 that since 2007, eight suspected cases of human trafficking have been investigated, but police have encountered problems pursuing investigations. The Committee, therefore, observes that the number of reported cases of child trafficking appears to be significantly higher than the total number of cases of trafficking that were investigated. Moreover, the Committee notes that the Human Rights Committee, in its concluding observations of 17 November 2011, expressed concern at the prevalence of trafficking in persons for sexual exploitation and forced labour, particularly with regard to the low level of investigations, prosecutions and convictions in this area (CCPR/C/JAM/CO/3, paragraph 22). The Committee, therefore, urges the Government to take immediate and effective measures to ensure, in practice, the protection of children from trafficking and commercial sexual exploitation. It requests the Government to ensure that thorough investigations and robust prosecutions of perpetrators of the trafficking or commercial sexual exploitation of children are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It asks the Government to provide information on the measures taken in this respect, including through the Plan of Action to Combat Trafficking in Persons, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. The Committee previously noted that child trafficking and commercial sexual exploitation were present in Jamaica. It observed that the Government was taking some measures to provide assistance to child victims of these worst forms of child labour and, in this regard, noted that a shelter for trafficking victims would soon become operational.

The Committee notes the Government’s statement that efforts are still being made to have the government shelters become operational, but that this will be included in the new Plan of Action to Combat Trafficking in Persons 2012–15. The Committee also notes the Government’s indication that the Trafficking in Persons Act 2009 is to be reviewed to allow for, among others, restitution for victims. The Government further indicates that the Ministry of Justice is launching a Children in Court Programme, which will train staff to address the unique needs of children as they go through the court process, including counselling. Nonetheless, the Committee notes that the Human Rights Committee, in its concluding observations of 17 November 2011, expressed concern at the lack of protection mechanisms for victims of trafficking, including rehabilitation schemes (CCPR/C/JAM/CO/3, paragraph 28). The Committee, therefore, requests the Government to take effective and time-bound measures to ensure the provision of appropriate services, including legal, psychological and medical services, to child victims of trafficking and commercial sexual exploitation, including child sex tourism, to facilitate their rehabilitation and social reintegration. It requests the Government to continue to provide information on measures taken in this regard, including the number of children reached through these initiatives.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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. Following its previous comments, the Committee notes with interest that the Child Pornography (Prevention) Act was adopted on 21 October 2009. Section 3(1) of the Child Pornography (Prevention) Act prohibits knowingly causing or inciting the involvement of a child in the production of child pornography and section 3(2) prohibits allowing a person with custody of the child to allow the child to be used in the production of child pornography. Section 2(1) of the Child Pornography (Prevention) Act contains a comprehensive definition of “child pornography”, and specifies that a “child” includes all persons under the age of 18. Section 4 of the Act prohibits producing, importing, exporting or possessing child pornography.

Article 6. Programmes of action. The Committee previously noted the information in the Government’s report regarding plans to implement several projects to raise awareness on child labour, including educating teachers on child labour and putting up signs in markets to alert the public that child labour is a punishable offence. It requested information on the impact of these initiatives.

The Committee notes the Government’s indication that while a wide range of projects are operational to address the needs of Jamaican children, especially those at risk, there has not yet been an assessment or evaluation of the impact of these programmes. The Committee also notes the Government’s indication that due to financial constraints, the putting up of signs on child labour in various markets has yet to take place. Nonetheless, the Government indicates that discussions are under way with local parish authorities to embark on an awareness campaign, including presentations on child labour for mayors and councillors, in addition to the distribution of information materials within each parish. The Government also indicates that an advertisement entitled “Red Card to Child Labour” ran in two major newspapers in July 2010, that a public service announcement on the subject was produced and launched and that the Office of the Children’s Advocate disseminated information on child labour as part of their public education programme. In addition, the Committee notes the information in a report on the worst forms of child labour in Jamaica of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that the Government participated in an IOM-implemented project, focusing on raising awareness about trafficking, as well as collaborating with the tourism industry to combat child-sex tourism.

Article 7, paragraph 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. The Committee previously noted that Jamaica would soon begin participation in the ILO–IPEC “Tackling Child Labour through Education” Project (TACKLE Project). The TACKLE Project was intended to complement the new initiatives of the Ministry of Education to provide access to a tuition fee payment programme, whereby the Government covers the cost of the approved tuition fee for all students at the secondary school level.

The Committee notes the ILO–IPEC information that the TACKLE Project was launched in Jamaica in 2009, aiming to contribute to poverty reduction by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The ILO–IPEC Technical Progress Report for the TACKLE Project of March 2010 indicates, that, within the framework of the project, several action programmes are in development, with the collective target of preventing 1,870 children from entering child labour (in addition to withdrawing 630 children). The Committee also notes the information in the Government’s report that an MoU for the TACKLE Project was signed with the Ministry of Education so that a more structured approach with regard to child labour could be taken within the Ministry’s operational plan. The Committee further notes that the Government continues to develop programmes to address the needs of children who do not qualify for educational programmes (and are therefore at risk for child labour), including a project entitled “Expanding Educational Horizons”, which aims to improve literacy and numeracy skills in 71 primary schools.

While taking due note of these measures, the Committee notes the information in the 2010 UNESCO report entitled “Global Monitoring Report- Education For All” that in 2007 there were approximately 45,000 out-of-school children between the ages of 6 and 11 in Jamaica. The UNESCO report further indicates that this is an increase from 38,000 out-of-school children in 1999. Considering that access to free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system and to facilitate access to education. In this regard, it strongly encourages the Government pursue its efforts within the Expanding Educational Horizons project and to continue its collaboration with ILO–IPEC for the TACKLE Project. It requests the Government to provide information on the impact of the measures taken, particularly with respect to increasing school enrolment rates, decreasing school drop-out rates, and reducing the overall number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation. The Committee also noted the results of a 2002 study commissioned by the Child Development Agency (CDA), which revealed that there were approximately 6,500 street children, the majority of whom were males aged 
6 to 17 years. The Committee further noted the establishment of a hostel for boys (operated by the Possibility Programme) and that the Young Men’s Christian Association (YMCA) offered training, remedial education and vocational training to boys, with the possibility of mainstreaming these children into technical high schools.

The Committee notes the Government’s statement that a national survey on street and working children is needed to assist in the development of policies on this subject, and that the CDA is in the process of seeking funds to undertake such a study. In this regard, the Committee notes the information in the Government’s report that the Youth Development Programme (YDP) was recently introduced (with funding from the Inter-American Development Bank) to help unattached youth make the transition to adulthood, and that a national youth survey will be undertaken within the framework of the YDP. The information on the Government’s information service website (www.jis.gov.jm) also indicates that the YDP includes a continuation of the Possibility Programme, which includes the objectives of developing a coordinated and proactive approach to the social problem of street children, removing children and youth who wipe windshields at intersections and enrolling these youth in a project of skills training while assisting with their reintegration. The Committee further notes the information in the Government’s report that it is implementing a programme entitled “Youth Empowerment Strategy” which provides financial assistance to beneficiaries (particularly vulnerable children, including inner city children) for tuition fees or the funding of small business ventures. In addition, the Committee notes that the YMCA continues to provide remedial education and pre-vocational training to street children, and that 28 of these students gained spaces in technical high schools, while 11 such students gained certification in food preparation.

Nonetheless, the Committee notes the information in the WFCL Report that boys who work on the streets of Kingston and Montego Bay are vulnerable to being trafficked. These boys may also be forced into selling drugs or becoming drug couriers. The Committee also notes the information in a report on trafficking in persons in Jamaica of 14 June 2010 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) that there have been reports of forced labour of children in street vending. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect street children from these worst forms, and to provide for their rehabilitation and reintegration. The Committee requests the Government to continue providing information on the effective and time-bound measures taken in this regard, and on the number of street children who have benefited from such initiatives. Lastly, the Committee encourages the Government to pursue its efforts to undertake a national survey on street children, and to provide this information when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee notes the information in a 2009 UNICEF document entitled “Orphans and Vulnerable Children” that HIV/AIDS is one of the contributing factors to the growing number of vulnerable or at-risk children in Jamaica. This report states that a 2002 rapid assessment study indicated that there were approximately 5,125 children in Jamaica who had lost a parent to HIV/AIDS, and that approximately 10,000 to 20,000 children were made vulnerable by the disease. The Committee also notes that the Government began implementing a National Action Plan for OVCs in 2004, which aims to strengthen the capacity of families and institutions to care for OVCs and improve the awareness surrounding existing social services for this group. The Committee further notes the information in the Government’s Country Progress Report of 31 March 2010 to the United Nations General Assembly Special Session on HIV/AIDS (UNGASS Report) that the National Aids Committee, through the parish AIDS associations, provided school assistance to children infected with or affected by the disease in 2009, through the payment of schools fees and the purchase of school books and uniforms (page 30). Nonetheless, the Committee notes that the Government’s National Composite Policy Index (data submitted by the Ministry of Health to UNAIDS in March 2010 as a complement to the UNGASS Report) identifies OVCs as a group whose needs are underserved (page 44). In this regard, the Committee notes the statement in the UNGASS Report that a situational analysis of OVCs in Jamaica (conducted in 2008) found that the majority of parents and caregivers of OVCs were experiencing high levels of poverty. At the time of the analysis, 78.2 per cent of the sample perceived little or no help was forthcoming from institutions (page 29). The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour and therefore urges the Government to strengthen its efforts, within the framework of the National Action Plan for OVCs, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously requested the Government to provide information on the measures taken to ensure that the sale and trafficking of girls below 18 years of age is effectively prohibited.

The Committee notes with satisfaction that sections 4(1) and 4(3) of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007, prohibits both internal and inter-state trafficking of children, and that section 2 defines a child as any person under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously observed that the provisions in the Offences Against Persons Act relating to the prohibition of procuring or offering a child for prostitution applied only to women and girls. However, the Committee noted that discussions and consultations were being held for the drafting of a Sexual Offences Act, to address all crimes of a sexual nature.

The Committee notes the Government’s statement in its report to the United Nations Human Rights Committee of 21 October 2009 that Parliament took the decision to enact a new act (the Sexual Offences Act) rather than amending the Offences Against Persons Act (CCPR/C/JAM/3, paragraph 23). The Committee also notes the Government’s indication in its report that the Sexual Offences Act, which was adopted on 20 October 2009, addresses sexual offences against children. The Committee further notes that section 18 of the Sexual Offences Act prohibits procuring or attempting to procure a child for the purpose of sexual intercourse (section 18(a)) and prohibits procuring any person, male or female, to become a prostitute (section 18(b)). Pursuant to section 2, a child is defined as any person under 18 years of age. Section 23(1)(a) of the Sexual Offences Act further prohibits living off the proceeds of prostitution, which, pursuant to section 23(1)(i) includes exercising control, direction or influence over the movements of a prostitute in such a manner as to show that the person is aiding, abetting or compelling prostitution. The Committee observes that the Sexual Offences Act does not appear to prohibit the use of a person under the age of 18 for the purpose of prostitution. It therefore requests the Government to provide information on the legislative provisions which prohibit the use of a child for the purpose of prostitution. If no such provisions exist, the Committee requests the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future.

Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs. In its previous comments, the Committee noted that the Dangerous Drugs Act of 1942, together with its amendment of 1994, prohibits and punishes various drug-related behaviour such as importing, exporting, cultivating, manufacturing, selling, using, dealing, transporting and possessing various types of drugs. However, the Committee observed that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, did not appear to be specifically prohibited by the relevant Jamaican legislation. It requested the Government to indicate the measures taken or envisaged in this regard.

The Committee notes that the draft list of hazardous work prohibited for children (submitted with the Government’s report) prohibits involving children in illicit activities and the drug industry, as well as more specific provisions prohibiting children from cultivating ganja and guarding ganja fields. The Committee also notes the information in a report on the worst forms of child labour in Jamaica of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report), that children are used as drug couriers and for selling drugs. The Committee therefore urges the Government to take the necessary measures to ensure the adoption of the provisions (in the list of hazardous work prohibited for children) prohibiting the involvement of children in illicit activities and the drug industry, in the near future.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that a tripartite workshop was held to identify hazardous types of work, and that a list of types of hazardous work would be present in the new Occupational Health and Safety Act (OHS Act).

The Committee notes that the draft list of types of hazardous work prohibited for children, included in the Government’s report contains 45 types of prohibited work. The Committee also notes the Government’s statement that if the draft list has not been reviewed before the enactment of the OHS Act, it will be included in the regulations of the OHS Act. The Committee observes that the Government has been compiling this list since 2006, and reminds the Government that, in accordance with Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It therefore urges the Government to take the necessary measures, as a matter of urgency, to ensure that this draft list of types of hazardous work prohibited for children is reviewed and adopted in the near future. It requests the Government to provide a final copy of the list, once it has been adopted.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Law enforcement agencies. The Committee previously noted the establishment of a Child Labour Unit within the Ministry of Labour and Social Security (MoLSS), and noted that this unit was aiding in the development of a referral system for children. The Committee also noted that over 150 officers of the Jamaica Constabulary Force (JCF) received training from the Child Development Agency (CDA) on the provisions of the Child Care and Protection Act.

The Committee notes the Government’s statement that the Child Labour Unit continues to collaborate with the JCF, particularly the Trafficking in Persons Unit, where the Child Labour Unit assists in referring victims of trafficking to services offered by the MoLSS. Although this cooperation currently occurs on an ad hoc basis, it is envisioned that a more formal system will be put in place following a series of training sessions organized by the JCF’s Trafficking in Persons Unit, the National Task Force on Trafficking in Persons and the Ministry of National Security. The Committee also notes the Government’s statement that an “Assessment of the Implementation and Enforcement Machinery to Combat Child Labour in Jamaica” was carried out within the framework of the ILO–IPEC “Tackling Child Labour through Education” Project (TACKLE Project). The Government states that the assessment indicated that much more was needed to be done on the ground to facilitate greater cooperation between agencies involved in aspects of child labour regulation.

In this regard, the Committee notes the statement in a report on trafficking in persons in Jamaica of 14 June 2010 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) (Trafficking Report) that the Government has made no discernible progress in prosecuting trafficking offenders during the past year, and that more vigorous investigations of trafficking offences was necessary. The Trafficking Report also indicates that there have been reports of trafficking complicity by police. The Committee expresses its concern at allegations of complicity of law enforcement officials with human traffickers. The Committee therefore urges the Government to redouble its efforts to ensure that perpetrators of human trafficking, and complicit government officials, are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, including by strengthening the coordination between the relevant law enforcement agencies. It requests the Government to provide information on the measures taken in this respect, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. In its previous comments, the Committee noted an ILO–IPEC rapid assessment study on child prostitution of November 2001 which indicated that, in all seven locations surveyed, children between the ages of 10 and 18 years were exposed to prostitution, pornographic performances and other activities that adversely affected their health, safety and morals. The study indicated that 70 per cent of children engaged in such activities were girls, some as young as 10 years of age. The study further indicated that one of the causes of prostitution, in addition to poverty and failure of the education system, was the weak monitoring of existing laws.

The Committee notes the information in the Government’s report indicating that the CDA reported 361 cases of sexual abuse, but that medical assistance and counselling were usually provided to these victims. Moreover, while the matter was under investigation, the victims were allowed to conditionally return to school or were provided with state care. The Committee also notes the information in the Government’s report that it is finalizing the National Child Diversion Policy, which emanates from the National Plan of Action for Child Justice. The fourth strategic objective of the National Child Diversion Policy includes the rehabilitation and reintegration of child victims. The Government also indicates that a shelter for victims has been refurbished and is to become operational shortly. In this regard, the Committee further notes the information in the Trafficking Report that the Government began taking measures for the establishment of three shelters for female trafficking victims, the first of which was completed in March 2010. The Trafficking Report also indicates that the Government took measures to return child victims of trafficking to families, or referred them to foster homes, and operated facilities that housed child trafficking victims.

Nonetheless, the Committee notes the indication in the Trafficking Report that Jamaica is a source, transit, and destination country for child victims of trafficking, specifically for the purposes of forced prostitution, and that Jamaican women and girls have been subjected to forced prostitution in other countries such as Canada, United States, United Kingdom, Bahamas, and other Caribbean destinations. The Trafficking Report also indicates that child-sex tourism continues to be a problem in Jamaica’s resort areas. The Committee therefore requests the Government to take immediate and effective measures to ensure the removal of victims of commercial sexual exploitation, including victims of child sex tourism, from this worst form of child labour. It also requests the Government to strengthen its efforts to ensure the provision of appropriate services, including legal, psychological and medical services, to child victims of trafficking, to facilitate their rehabilitation and social reintegration and to provide information on the number of children reached through these initiatives.

Part III of the report form. Court decisions. The Committee previously noted the Government’s indication that a number of cases pertaining to the Convention were pending and that a copy of these decisions would be transmitted promptly. It also noted that four persons had been charged under the Trafficking in Persons Act, including the case of a 14 year old girl who was pimped by two male traffickers.

The Committee observes that no court cases have been submitted with the Government’s report. However, it notes the information in the Government’s report that, in December 2009, two persons were successfully convicted under the Trafficking in Persons Act for offering a 14 year old girl for prostitution. The Committee further notes the information in the Trafficking Report that Jamaican authorities initiated the prosecution for carnal abuse of a foreign visitor to Jamaica who allegedly engaged in child-sex tourism. The Committee requests the Government to continue to provide information on the prosecutions and convictions related to breaches of national legal provisions relevant to the application of the Convention. It also requests the Government to supply a copy of any court decision issued in this regard.

Part V of the report form. Practical application of the Convention. Trafficking of children and child prostitution. Following its previous comments, the Committee notes the information in the Government’s report concerning the number of reports of child abuse and neglect received by the Office of the Children’s Registry, but observes that this data is not disaggregated to indicate the number of these cases which relate to the worst forms of child labour.

The Committee notes the indication in the WFCL Report that commercial sexual exploitation of children is a problem in Jamaica, especially in tourist areas. The Committee notes the indication in the Trafficking Report that the trafficking of children continues to be a significant problem, specifically for the purpose of forced prostitution, and that victims often come from Jamaica’s poverty stricken garrison communities. This report indicates that the majority of trafficking victims identified were poor Jamaican women and girls, though boys are increasingly subject to forced prostitution in urban and tourist areas. In this regard, the Committee expresses its deep concern at the situation of persons under the age of 18 who are victims of trafficking and prostitution, and accordingly urges the Government to take immediate and effective measures to ensure in practice the protection of children from these worst forms of child labour. It also requests the Government to take the necessary measures to ensure that sufficient data is available on the worst forms of child labour, particularly on the sale and trafficking of children and child prostitution.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee observed that, although the Offences against the Persons Act prohibits the sale and trafficking of girls under the age of 18, boys under 18 years are not protected from sale and trafficking. The Committee requested the Government to provide information on the measures taken to ensure that the sale and trafficking of boys and girls below 18 years of age is effectively prohibited. The Committee notes with interest that section 10 of the Child Care and Protection Act (CCPA) states that no person shall sell or participate in the trafficking of any child, defined in section 2(1) as a person under the age of 18 years. It also notes in the Government’s report that the Trafficking in Persons Act became law in 2007. The Committee requests the Government to provide a copy of the Trafficking in Persons Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously noted that the Offences against the Persons Act contains a number of provisions relating to the prohibition of procuring or offering a child for prostitution. However, it noted that most of the provisions of the Offences against the Persons Act apply only to women and girls. The Committee notes that a Joint Select Committee of Parliament formed in September 2006 to review the Offences against the Persons Act, accepted that the words “girl or woman” be replaced by the word “person”. This change will hopefully be enacted in the 2007–08 legislative period as the Offences against the Persons (Amendment) Act. The Committee also notes that discussions and consultations are being held for the drafting of a Sexual Offences Act, which will seek to address all crimes of a sexual nature. The Committee hopes that the Offences against the Persons (Amendment) Act will be adopted shortly and requests the Government to provide a copy of it as soon as it is enacted. It also requests the Government to provide a copy of the Sexual Offences Act as soon as it is enacted.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that there do not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child below 18 years of age for the production of pornography or pornographic performances. The Committee notes in the Government’s report that these offences are contained in the Trafficking in Persons legislation. It also notes that a new piece of legislation, the Child Pornography Act, will be drafted to deal with issues of pornography and pornographic performances. Its definitions will broadly define sexual exploitation to include: prostitution; production of child pornography or other pornographic material; and other sexual activity. It is expected that the drafting of the Child Pornography Act will be completed and placed on the legislative agenda for 2008–09. The Committee further notes that a cyber crime bill, addressing criminal activities relating to the Internet and computer use and the distribution of child pornography via the internet, has been drafted and is to be reviewed for submission to Parliament. The Committee hopes that the Child Pornography Act and the Cyber Crime Act will be adopted shortly and requests the Government to provide a copy thereof along with its next report.

Clause (c). Use, procuring or offering a child for illicit activities. Production and trafficking of drugs. In its previous comments, the Committee noted that the Dangerous Drugs Act of 1942, together with its amendment of 1994, prohibits and punishes various drug-related behaviour such as importing, exporting, cultivating, manufacturing, selling, using, dealing, transporting and possessing various types of drugs. The Committee also noted that section 40 of the CCPA prohibits the sale of intoxicating liquor or tobacco products to children, as well as the employment of children in selling or in assisting in selling liquor or tobacco products. The Committee notes in the Government’s report that, by virtue of sections 5 onward of the CCPA, the Children’s registry and registrar were established to accept complaints of abuse from the public. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children below 18 years of age. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties, does not appear to be specifically prohibited by the relevant Jamaican legislation, the Committee once again asks the Government to indicate the measures taken or envisaged to this end.

Article 4, paragraph 1. Determination of hazardous work. Further to its previous comments, the Committee notes in the Government’s report that a stakeholder workshop was convened, with the employers’ and workers’ organizations present, where jobs or occupations considered to be hazardous were identified using the standards set out in the ILO Conventions Nos 138 and 182 and ILO Recommendation No. 190. It also notes the Government’s statement that the list of types of hazardous work will be present in the new Occupational Health and Safety Act (OHS Act). The Committee trusts that the list of the types of hazardous work will be adopted shortly and requests the Government to provide a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s statement that a child care unit has been created within the Ministry of Labour with the scope of coordinating and monitoring activities related to child labour in Jamaica. The Committee notes in the Government’s report that the Ministry of Labour and Social Security, Industrial Safety Department, is currently engaged in a series of consultations with critical stakeholders and sectors, with a view to arriving at Memoranda of Understandings for the joint administration of the new OHS Act. The new OHS Act will empower Labour Inspectors to enter both the formal and informal places of work. In addition, a referral system, whose aim is to provide the opportunity for a complete assessment of the child’s circumstances, is being developed with the child labour unit of the Ministry of Labour and Social Security. The child labour unit will seek to provide assistance in accordance with the various standards established under the CCPA and, as soon as its development is complete, the child protection manual for professional and paraprofessionals dealing with child abuse and neglect in Jamaica, as well as all other relevant statutes.

The Committee also notes in the Government’s report that over 150 officers of the Jamaica Constabulary Force (JCF) have been trained by the Child Development Agency in the provisions of the CCPA. The CCPA was incorporated into the JCF Force Orders, which forms a widely-used reference point for the constabulary. The Committee requests the Government to provide further information on the functioning of the child labour unit and of the Jamaica Constabulary Force, with particular reference to the CCPA as well as the new system of inspections under the OSH Act.

Article 6. Programmes of action. Following its previous comments, the Committee notes in the Government’s report that, as a result of the previously implemented awareness-raising and action programmes, the general public has become more sensitive to the issues of child labour and employers are making more frequent calls seeking clarification on the terms and conditions of employment of young persons before hiring them. In a recent campaign by the Ministry of Labour and Social Security, the Office of the Children’s Advocate and the Children’s Registry, the public is encouraged to report all incidents of abuse. To date, 20 such telephone calls have been made detailing locations where children have been noticed out of school during regular school hours. The Committee also notes that the Government is currently awaiting funds to erect signs in all the markets across the island to alert the public that child labour is a punishable offence. The Child Labour Unit will soon be collaborating with the Jamaica Teachers Association and other officials within the educational sector to stage a series of workshops/seminars to educate classroom teachers on child labour issues. The Committee requests the Government to keep providing information on the implementation of these programmes and the results achieved in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee requested the Government to provide further information on the impact of various programmes and initiatives by indicating in which manner they contribute to prevent the engagement of children in the worst forms of child labour. The Committee notes in the Government’s report that the Child Development Agency continues to be the primary Government agency to provide services for children at risk. It is assisted by others such as the Office of the Children’s Advocate and the child guidance clinics that provide psycho-social support. Furthermore, there are roving psycho-social support emergency teams that provide families with food parcels, water and basic sanitation supplies. The Government, in cooperation with others, continues to support programmes geared at providing youth with the requisite training in technical and vocational training. The Ministry of Labour and Social Security received approval from Cabinet for the implementation of a special youth employment and training project designed as a short term labour market intervention to promote youth employment and skills training. Moreover, UNICEF designed and is funding for the next three years “An Integrated Response to Ensure the Better Protection of Jamaica’s Children”, aimed at promoting and creating a better understanding of the CCPA through focus group meetings with civil society and the dissemination of a child protection manual and the production and dissemination of child-friendly handbooks on the CCPA for children aged 7–18 years.

In addition, the Committee notes in the Government’s report that the Ministry of Education is currently seeking to establish a Commission on parenting, which will be responsible for implementing the national policy on parenting, along with other social intervention measures appropriate to addressing the needs of children. The Committee also notes that, before the end of 2008, Jamaica will benefit from the EU-funded programme “Tackling Child Labour through Education”, which will hopefully build on the achievements of the Country Programme implemented in 2000–04, by assisting with the updating of the national child labour survey conducted in 2000; enhancing the awareness-raising campaigns; and providing more targeted interventions in specific communities. It will hopefully also complement the new initiatives of the Ministry of Education to provide access to a tuition fee payment programme, whereby the Government covers the cost of the approved tuition fee for all students at the secondary school level. Finally, the Committee notes in the Government’s report the existence of the 16–18 Agenda Programme, whose goal is to achieve compulsory education up to age 18 years. This programme is targeting unattached young people to provide them with technical and vocational qualifications to build their knowledge, skills and attitudes. The Committee requests the Government to provide further information on the impact of these programmes and initiatives, indicating how they contribute to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of prostitution. In its previous comments, the Committee noted that a rapid assessment study on the situation of children in prostitution conducted by ILO/IPEC in November 2001 (hereafter RAS) reveals that, in all the seven locations surveyed, children between the ages of 10 and 18 years were exposed to prostitution, pornographic performances and other activities that adversely affected their health, safety and morals, classified as the worst forms of child labour. In Montego Bay, for instance, reports from the focus groups indicate that approximately 30 children under 18 years are involved in sexual activities for gain on a large scale, including some as young as
10–11 years of age (RAS pages 46–47). This study shows that the majority of children involved in such activities were girls (70 per cent), and that children involved in prostitution were found in many common locations, including homes, community areas, parks, sea walls, bus and taxi stands, major tourist centres, fishing beaches, school gates, fast food restaurants, go-go clubs, massage parlours and brothels. It was also noted that one of the causes of prostitution, in addition to poverty and failure of the education system, was the weak monitoring of existing laws.

The Committee notes in the Government’s report that the Ministry of Justice has developed a Victim’s Charter, which includes special measures to address the unique situation of child victims. Also, there is a national plan of action for child justice, which will see diversion centres being set up to facilitate participation in structured community-based programmes to allow for the rehabilitation and the social reintegration of these children. Through Government and other funding, the NGOs Western Society for the Upliftment of Children and Children First continue providing direct support for out-of-school children. In the 2002–05 period, 2,087 children were withdrawn and prevented from engaging in child labour. The Committee requests the Government to continue to provide information on the effective and time-bound measures taken to remove children from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation, as well as the lack of relevant data in this regard.

The Committee notes in the Government’s report that a study commissioned by the Child Development Agency in 2002 revealed that there were approximately 6,500 street children of which the majority were males aged
6–17 years. The study indicated that “street children” include children, the majority of whom work on the street but go home at night, as well as a small percentage who live permanently on the street. The Committee also notes that a hostel for boys was built and is operated by the Possibility Programme with the assistance of the Rotary Club, under the guidance of a board of directors and a manager. These boys are exposed to skills training and entrepreneurial development. Furthermore, the Young Men’s Christian Association (YMCA) continues to offer training and remedial education to boys aged 12–15 years, along with vocational training for those of 15 years of age and above. Some of these students, if successful, are mainstreamed into technical high schools. In this regard, the Committee notes with interest the Government’s information that for the period 2002–05, 1,062 street and working children received remedial education and skills training. The Committee requests the Government to continue providing information on the time-bound and effective measures taken to protect street children from the worst forms of child labour. It also requests it to indicate, in its next report, the number of street children who have benefited from such measures, including the number of those who were removed from the street and received remedial education and skills training.

Part III of the report form. Court decisions. Referring to its previous comments, the Committee notes in the Government’s report that a number of cases are still pending and that their records are hence unavailable. It further notes that a request has been made to access these records as soon as they become available and that they will be transmitted promptly. The Committee therefore asks the Government to supply a copy of any court decision on breaches of legal provisions relevant to the application of the Convention, especially with regard to the Child Care and Protection Act of 2004.

Parts IV and V of the report form. Practical application of the Convention. The Committee previously requested the Government to provide information on the application of the Convention in practice and any practical difficulties encountered. The Committee notes in the Government’s report that a number of challenges exist in fighting the worst forms of child labour, including prioritizing national demands and allocating funds accordingly. With regard to this point, hopefully the funds to either update the National Child Survey conducted in 2000 or to conduct a new national survey to evaluate and assess the current situation and to determine the way forward will be found.

The Committee also notes in the Government’s report that although the findings from the National Survey on Trafficking are yet to be announced, the new Trafficking in Persons Act establishes a Trafficking in Persons Unit under the Organized Crime Division. So far, 112 raids on nightclubs were conducted resulting in the closure of two, the charging and conviction of a proprietor under the Offences against the Persons Act and the charging of four persons under the Trafficking in Persons Act, including the case of a 14 year old girl who was pimped by two male traffickers. These cases are currently before a Resident Magistrate Court awaiting completion of the matter. The Committee requests the Government to continue providing information on the application of the Convention in practice. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports specifying the nature and extent of violations detected concerning children and young persons involved in the worst forms of child labour, studies such as the National Child Survey, and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee observed that, although the Offences against the Persons Act prohibits the sale and trafficking of girls under the age of 18, boys under 18 years are not protected from sale and trafficking. The Committee reminded the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and is therefore prohibited for both boys and girls below 18 years of age. The Committee noted the Government’s information that section 10 of the Child Care and Protection Act (CCPA) contains provisions prohibiting the sale and trafficking of children (defined as a person under the age of 18 years), and provides for penalties of fines or imprisonment. However, the Committee notes that, under the final version of the CCPA, there are no longer provisions in place prohibiting the sale and trafficking of children. It therefore repeats its request to the Government to provide measures taken or envisaged to ensure that the sale and trafficking of boys and girls below 18 years of age is effectively prohibited.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously noted that the Offences against the Persons Act contains a number of provisions relating to the prohibition of procuring or offering a child for prostitution. However, it noted that most of the provisions of the Offences against the Persons Act apply only to women and girls. The Committee once again requests the Government to provide information on the steps taken or envisaged to ensure that all children, boys and girls, below 18 years of age are protected from the offences related to prostitution covered by the provisions of the Offences against the Persons Act.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 39(1) of the CCPA states that it constitutes an offence to employ a child in a nightclub, and further noted that section 39(4) provides for the offences of persons who knowingly rent or allow their premises to be used for the purposes of any conduct contrary to decency or morality. However, the Committee observed that there does not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child below 18 years of age for the production of pornography or pornographic performances. Noting the absence of information from the Government on this point, the Committee repeats its request to the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child below 18 years of age for the production of pornography or pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities. Production and trafficking of drugs. In its previous comments, the Committee noted that the Dangerous Drugs Act of 1942, together with its amendment of 1994, prohibits and punishes: (a) the import, export and cultivation of raw opium and coca leaves and the import and export of prepared opium; (b) the manufacturing, sale and use of prepared opium, and export and import of ganja; (c) cultivating, selling or dealing in, or transporting or possessing ganja; and (d) importing, exporting, cultivating, selling, or dealing in or transporting cocaine. The Committee also noted that section 40 of the CCPA prohibits the sale of intoxicating liquor or tobacco products to children, as well as the employment of children in selling or in assisting in selling liquor or tobacco products. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties, does not appear to be specifically prohibited by the relevant Jamaican legislation, the Committee once again asks the Government to indicate the measures taken or envisaged to this end.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted the Government’s information that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include provisions prohibiting the employment of children in a few specific hazardous types of work. The Committee notes the Government’s statement that the determination of hazardous work is presently under consideration. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular, Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee trusts that the list of the types of hazardous work will be adopted shortly, after consultations with the organizations of employers and workers concerned. It requests the Government to provide a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s statement that the Minister of Labour has established a National Steering Committee, composed of various stakeholders in the child sector, such as the Ministries of Labour, Health, National Security and Education, in order to provide for policy guidance. The Committee also noted that a Child Care Unit has been created within the Ministry of Labour with the scope of coordinating and monitoring activities related to child labour in Jamaica. Furthermore, it noted that, according to the Government’s report, the Occupational Safety and Health Bill will strengthen the powers of labour inspectors, who will be entitled to enter workplaces outside the formal workplace setting. Noting the absence of information from the Government on this point, the Committee once again requests it to provide further information on the functioning of the labour inspectorate, with particular reference to the Child Care Unit and the new system of inspection under the Occupational Safety and Health Bill.

Article 6. Programmes of action. In its previous comments, the Committee noted with interest the Government’s information that, under the Memorandum of Understanding signed with ILO/IPEC in September 2000, Jamaica agreed to collaborate in the implementation of a national country programme to progressively reduce and ultimately eliminate the worst forms of child labour. It also noted the Government’s statement that three rapid assessments were conducted in 2001, respectively: in the fishing communities of Rocky Point and Old Harbour; in the informal sector of Spanish Town; in the tourism sector of Montego Bay and Negril. It further noted the Government’s statement that three action programmes were implemented by the: (1) Children First; (2) Bureau of Women’s Affairs; and (3) Western Society for the Upliftment of Children in collaboration with the Sam Sharpe Teachers College. It also noted that, according to the Government’s report, a national survey has been conducted by the National Institute of Jamaica in order to determine the magnitude, nature, consequences and causes of child labour and to improve and enhance the database on child labour in Jamaica. In addition, an awareness-raising programme, using the campaign song “Let us try”, has been developed with the scope of creating public awareness on issues surrounding child labour. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide further information on the impact of the abovementioned programmes and the results achieved in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted with interest the Government’s information that a number of initiatives have been implemented in order to impact positively on the lives of Jamaican children. As part of that effort, more funds have been allocated to agencies with direct responsibility for children such as the: Programme for Advancement through Health and Education (PATH), providing for conditional health and educational grants for poor children aged 0-17 years; the Child Development Agency, which received funds under the GOJ/UNICEF programme aimed at providing policy advocacy, special care and protection of children; Possibility Programme, a multi-agency programme which provides for care, skills, employment and resocialization; initiatives of the NGO Environmental Foundation of Jamaica, including projects on childhood development, child awareness, advocacy and parenting skills; Learning for Earning Activity Programme (LEAP); other initiatives by both the Government and NGOs aimed at providing training and remedial education to 12 to 15-year old males. The Committee once again requests the Government to provide further information on the impact of the abovementioned programmes and initiatives, indicating in which manner they contribute to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of prostitution. In its previous comments, the Committee noted that a Rapid Assessment Study on the Situation of Children in Prostitution conducted by ILO/IPEC in November 2001 (hereafter RAS) reveals that, in all the seven locations surveyed, children between the ages of 10 and 18 years were exposed to prostitution, pornographic performances and other activities that adversely affected their health, safety and morals, classified as the worst forms of child labour. This study shows that the majority of children involved in such activities were girls, and that children involved in prostitution were found in many common locations, including homes, community areas, parks, sea walls, bus and taxi stands, major tourist centres, fishing beaches, school gates, fast food restaurants, go-go clubs, massage parlours and brothels. It was also noted that one of the causes of prostitution, in addition to poverty and failure of the education system, was the weak monitoring of existing laws. The Committee also noted that, in its Concluding Observations of 2003 (CRC/C/15/Add.210, paragraph 54), the Committee on the Rights of the Child expressed concern at the sexual exploitation and trafficking of children, including street children, and the lack of accurate data, laws and policies in this regard. It also noted that, according to the information available at the Office, it is reported that Jamaican women are usually trafficked abroad in order to work in the sex industry and there are a number of sex tourism facilities in Jamaica employing young girls. Noting the absence of information from the Government on this point, the Committee once again invites it to increase its efforts to improve the situation and to provide information on the effective and time-bound measures taken or envisaged to remove children from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. In its previous comments, the Committee noted that, according to the RAS, children working on the streets were among those who were the most exploited and abused. It also noted the Government’s statement that every effort is being made to address the needs of children at risk and that street and working children will benefit under the GOJ/UNICEF Programme of Agreement 2002-06. The Committee noted that the Possibility Programme – one of the major projects under the NPEP – is mainly aimed at providing the necessary resources and support for street children and vulnerable youths, developing a coordinated approach to the social and economic problems of street children, and stemming the flow of children on the streets. However, the Committee noted that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation, as well as the lack of relevant data in this regard. Noting the absence of information on this point, the Committee once again asks the Government to provide more information on the abovementioned measures and their impact on protecting street children from the worst forms of child labour.

Part III of the report form. Implementation of the Convention. The Committee once again notes the information contained in the Government’s report that, to date, it has not become necessary for the courts and tribunals to give any decisions involving the application of the Convention. It asks the Government again to supply a copy of any court decision on breaches of legal provisions relevant to the application of the Convention, especially with regard to the Child Care and Protection Act of 2004.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes once again the Government’s statement that all attempts are being made to take the necessary measures to secure the progressive reduction and ultimately the elimination of the worst forms of child labour. The Committee repeats its request to the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports specifying the nature and extent of violations detected concerning children and young persons involved in the worst forms of child labour, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the information contained in the Government’s report that section 10 of the Child Care and Protection Act (CCPA) contains provisions prohibiting the sale and trafficking of children and provides for penalties of fines or imprisonment. It notes that section 58(1)(c) and (d) of the Offences Against the Persons Act provides that any person who procures or attempts to procure any woman or girl: (c) to leave this island, with intent that she shall become a prostitute, or an inmate of, or frequent a brothel elsewhere; or (d) to leave her usual place of abode in this island (such place not being a brothel) with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel within or without this island, shall be guilty of a misdemeanour. The Committee notes that section 60 punishes as an offence the abduction of an unmarried girl under 18 years of age with intent to be carnally known by any man; section 61 states that anyone who unlawfully detains any woman or girl: (a) in or upon such premises with intent that she may be unlawfully and carnally known by any man; (b) in any brothel, shall be guilty of misdemeanour. The Committee observes that, under the Offences Against the Persons Act, boys under 18 years of age are not protected from sale and trafficking. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and is therefore prohibited for both boys and girls below 18 years of age. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that the sale and trafficking of boys and girls below 18 years of age is effectively prohibited. The Committee also requests the Government to provide a copy of the CCPA.

2. Slavery and forced labour. The Committee notes that section 70 of the Offences Against the Persons Act states that any person who kidnaps another person of any age, with intent to hold him against his will for ransom, or to cause him to be unlawfully sent or transported out of Jamaica against his will, or to hold him for service against his will shall be liable to imprisonment for life.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes that the Offences Against the Persons Act contains a number of provisions relating to the prohibition of procuring or offering a child for prostitution. Section 45 punishes anyone who by fraudulent means procures any woman or girl below 18 years of age to have illicit carnal connection with any man. Section 58(1) states that any person who procures or attempts to procure: (a) any girl or woman under 18 years of age, not being a common prostitute, or of known immoral character, to have unlawful carnal connection, either within or without the island, with any other person or persons; (b) any woman or girl to become, either within or without the island, a common prostitute, shall be guilty of a misdemeanour. Section 63 imposes penalties on any person who lives on the earnings of prostitution, including females proved to have, for the purposes of gain, exercised control, direction and influence on the movements of a prostitute. Section 66 sets out penalties of fines or imprisonment for a person who keeps, manages or assists in the management of a brothel. The Committee notes that most of the provisions of the Offences Against the Persons Act only apply to women and girls. The Committee requests the Government to provide information on the steps taken or envisaged to ensure that all children, boys and girls, below 18 years of age are protected from the offences related to prostitution covered by the provisions of the Offences Against the Persons Act.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 39(1) of the CCPA states that it constitutes an offence: (a) to employ a child in a nightclub; (b) to use in any manner a child for the purposes of any conduct contrary to decency or morality. It also notes that section 39(4) provides for the offences of persons who knowingly rent or allow their premises to be used for indecent and immoral purposes. However, the Committee observes that there does not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child below 18 years of age for the production of pornography or pornographic performances. It accordingly requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child below 18 years of age for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities. 1. Production and trafficking of drugs. The Committee notes that the Dangerous Drugs Act of 1942, together with its amendment of 1994, prohibits and punishes: (a) the import, export and cultivation of raw opium and coca leaves and the import and export of prepared opium; (b) the manufacturing, sale and use of prepared opium, and export and import of ganja; (c) cultivating, selling or dealing in, or transporting or possessing ganja; and (d) importing, exporting, cultivating, selling, or dealing in or transporting or possessing cocaine. The Committee also notes that section 40 of the CCPA prohibits the sale of intoxicating liquor or tobacco products to children, as well as the employment of children in selling or in assisting in selling liquor or tobacco products. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, does not appear to be specifically prohibited by the relevant Jamaican legislation, the Committee asks the Government to indicate the measures taken or envisaged to this end.

2. Begging. The Committee notes that section 41 of the CCPA punishes any person who causes or procures any child to be in any street, premises or place for the purpose of begging or receiving alms.

Clause (d). Hazardous work. The Committee notes that section 34(3) of the CCPA states that: "no person shall employ a child: (a) in the performance of any work that is likely to be hazardous or to interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual or social development; or (b) in night work or an industrial undertaking". It also notes that the available text of the CCPA defines a "child" as a person under the age of 18 years. The Committee asks the Government to provide information on the definition of a child according to the text of the CCPA in force.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s statement that the determination of hazardous work is presently under consideration. It also notes the Government’s information that, mining, cigarette factories, manufacturing, construction, transportation of passengers and goods are intended to be examples of types of hazardous work to be prohibited to children according to section 34 of the CCPA. It also notes that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include provisions prohibiting the employment of children in a few specific hazardous types of work. However, the Committee notes that no list has been adopted determining the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, according to Article 3(d), of the Convention. The Committee accordingly draws the Government’s attention to Article 4, paragraph 1, of the Convention which states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of hazardous work. Noting the absence of information from the Government on this point, the Committee reminds the Government that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work so determined exist. The Committee accordingly requests the Government to provide information on the identification of types of hazardous work and on the consultations held with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Minister of Labour has established a National Steering Committee, composed of various stakeholders in the child sector, such as the Ministries of Labour, Health, National Security and Education, in order to provide for policy guidance. The Committee also notes that a Child Care Unit has been created within the Ministry of Labour with the scope of coordinating and monitoring activities related to child labour in Jamaica. It notes that section 23 of the Education Act entitles the Attendance Officers to make inspections in order to verify whether section 21 (compulsory education) and section 22 (school attendance orders) are being complied with. In addition, section 3 of the Labour Officers (Powers) Act of 1943, states that a Labour Officer may at all reasonable times enter upon any premises for the purpose of carrying out any inspections in order to ensure the proper observance of any enactment, including the Factories Act, the Apprenticeship Act and the Recruiting of Workers Act. The Committee notes that, according to the Government’s report, the Occupational Safety and Health Bill will strengthen the powers of Labour Inspectors, who will be entitled to enter workplaces outside the formal workplace setting. The Committee requests the Government to provide further information on the functioning of the labour inspectorate, with particular reference to the Child Care Unit and the new system of inspection under the Occupational Safety and Health Bill and to provide extracts of the inspection reports, specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action. The Committee notes with interest the Government’s information that under the Memorandum of Understanding signed with ILO/IPEC in September 2000, Jamaica agreed to collaborate in the implementation of a national country programme to progressively reduce and ultimately eliminate the worst forms of child labour. It also notes the Government’s statement that three Rapid Assessments were conducted in 2001, respectively: in the Fishing Communities of Rocky Point and Old Harbour; in the Informal Sector of Spanish Town; in the Tourism Sector of Montego Bay and Negril. It further notes the Government’s statement that three Actions Programmes were implemented by: (1) Children First; (2) Bureau of Women’s Affairs; (3) Western Society for the Upliftment of Children in collaboration with the Sam Sharpe Teachers College. It also notes that, according to the Government’s report, a National Survey has been conducted by the National Institute of Jamaica, in order to determine the magnitude, nature, consequences and causes of child labour and to improve and enhance the database on child labour in Jamaica. In addition, an awareness-raising programme, using the campaign song "Let us try," has been developed with the scope of creating public awareness on issues surrounding child labour. The Committee requests the Government to provide further information of the impact of the abovementioned programmes and the results achieved in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Offences against Persons Act establishes penalties of imprisonment and fines for contravention of the provisions prohibiting sale and trafficking (sections 58(1)(c) and (d), 60 and 61) and prostitution (sections 58(1)(a) and (b), 63 and 66) of children under 18 years of age. It notes that section 36 of the CCPA establishes penalties of fines and imprisonment, or both imprisonment and fines, for breach of the provisions regarding the employment of children in hazardous work (section 34); the employment of children in nightclubs or their use for any indecent or immoral purpose (section 39) and begging (section 41).

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes with interest that, according to the Government’s report, a number of initiatives have been implemented in order to impact positively on the lives of Jamaican children. As a part of that effort, more funds have been allocated to agencies with direct responsibility for children, such as: the Programme for Advancement through Health and Education (PATH), providing for conditional health and educational grant for poor children aged 0-17 years; the Child Development Agency, which received funds under the GOJ/UNIFEC Programme, aimed at providing Policy Advocacy, Special Care and Protection of Children; the Possibility Programme, a multi-agency programme which provides for care, skills, employment and resocialization; the initiatives of the NGO Environmental Foundation of Jamaica, including projects on childhood development, child awareness, advocacy and parenting skills; the Learning for Earning Activity Programme (LEAP); other initiatives by both the Government and NGOs aimed at providing training and remedial education to 12-15 year-old males. The Committee requests the Government provide further information on the impact of the abovementioned programmes and initiatives, indicating in which manner they contribute to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of prostitution. The Committee notes that a Rapid Assessment Study on the Situation of Children in Prostitution conducted by ILO/IPEC in November 2001, reveals that, in all the seven locations surveyed, children between the ages of 10 and 18 years were exposed to prostitution, pornographic performances and other activities that adversely affected their health, safety and morals classified as the worst forms of child labour. This study shows that the majority of children involved in such activities were girls, and that children involved in prostitution were found in many common locations, including homes, community areas, parks, sea walls, bus and taxi stands, major tourist centres, fishing beaches, school gates, fast food restaurants, go-go clubs, massage parlours and brothels. It was also noticed that one of the causes of prostitution, in addition to poverty and failure of the education system, was the weak monitoring of existing laws. The Committee also notes that in its Concluding Observations of 2003 (CRC/C/15/Add.210; paragraph 54), the Committee on the Rights of the Child expressed concern at the sexual exploitation and trafficking of children, including street children, and the lack of accurate data, laws and policies in this regard. It also notes that, according to the information available at the Office, it is reported that Jamaican women are usually trafficked abroad in order to work in the sex industry and there are a number of sex tourism facilities in Jamaica employing young girls. Therefore, the Committee invites the Government to increase its efforts to improve the situation and to provide information on the effective and time-bound measures taken or envisaged to remove children from prostitution and to provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street boys. The Committee notes that, according to a Rapid Assessment Study on the Situation of Children in Prostitution conducted by ILO/IPEC on November 2001, children working on the streets were among those who were most exploited and abused. It also notes the Government’s statement that every effort is being made to address the needs of children at risk and that street and working children will benefit under the GOJ/UNICEF Programme of Agreement 2002-06. It also notes that the Possibility Programme - one of the major projects under the NPEP - is mainly aimed at: providing the necessary resources and support for street children and vulnerable youths; developing a coordinated approach to the social and economic problems of street children; stemming the flow of children going on the streets. However, the Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.210, paragraph 51), expressed its concern about the situation of street children and the lack of specific mechanisms and measures to address their situation, as well as the lack of relevant data in this regard. The Committee asks the Government to provide more information on the abovementioned measures and their impact on protecting street children from the worst forms of child labour.

Article 7, paragraph 3. Authority responsible for implementation. The Committee notes the Government’s statement that the authorities designated to oversee the implementation of the provisions of the Convention are divided across the Ministries of Labour, Health, National Security and Education. The National Steering Committee on Child Labour supervises the process.

Article 8. 1. International cooperation. The Committee notes the Government’s information that Jamaica is supported by its international partners through various loans and grants. It also notes that, according to the Government, the Basic Needs Trust Fund programme is funded by the Canadian International Development Agency and that the GOJ/UK funded programmes contribute to support primary and secondary students, with a homework assistance programme, training programmes and remedial education for youth.

2. Poverty Reduction Programme. The Committee notes that in 1994 the Government of Jamaica, in consultation with the local private sector, NGOs, international agencies, and other communities groups, developed the "Jamaica’s Policy Towards Poverty Eradication" and the "National Poverty Eradication Programme" (NPEP), which are designed to address and improve the quality of life in poor families and communities. The Committee notes that, under the NPEP, the following programmes were initiated: (a) school feeding programme, with the scope of encouraging school attendance; (b) social and economic support programme, for students attending secondary and tertiary education; (c) basic schools, in order to promote early childhood care and education; (d) the Jamaica All Age School Project, aimed at assisting poor communities in finding employment and accessing higher levels of education; and (e) the Possibility Programme, aimed at providing the necessary resources and support for street children and vulnerable youths. The Committee asks the Government to provide information on any notable impact of the Jamaica’s Policy Towards Poverty Eradication and of the NPEP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the information contained in the Government’s report that, to date, it has not become necessary for the courts and tribunals to give any decisions involving the application of the Convention. It asks the Government to supply a copy of any court decision on breaches of legal provisions relevant to the application of the Convention, especially with regard to the Child Care and Protection Act of 2004.

Parts IV and V of the report form. The Committee notes the Government’s statement that all attempts are being made to take the necessary measures to secure the progressive reduction and ultimately the elimination of the worst forms of child labour. The Committee requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.