Texts of pending comments

The Committee notes the observations of the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica Employers Federation (JEF) transmitted with the Government’s report, which deal with issues examined by the Committee in this observation.

The Committee notes the Government’s response regarding the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015, which denounced fixed and unreasonable procedural requirements for, and limitations on, collective bargaining. In this respect, the Committee notes the Government’s indication that it: (i) is examining the issues raised and will discuss them with the social partners at the Labour Advisory Council (LAC); and (ii) will provide an update to the Committee on the progress of the discussions. While welcoming the discussions planned with the social partners at the LAC, and taking into consideration that these issues have already been raised by the ITUC on different occasions and that some of them have been examined by the Committee, the Committee requests the Government to provide comprehensive information regarding the outcomes of the discussions and any actions taken in this regard.

Article 4 of the Convention. Promotion of collective bargaining. Recognition of organizations for the purposes of collective bargaining. As expressed in its previous comment, the Committee has for many years, requested the Government to amend section 5(5) of the Labour Relations and Industrial Disputes Act (LRIDA) of 1975 and section 3(1)(d) of its regulations with a view to ensuring that the thresholds required for entering into collective bargaining do not constitute an obstacle to the promotion of free and voluntary collective bargaining. The Committee notes the Government’s indication that legislation has not been amended to address the Committee’s observations but that the legislation will be reviewed in the 2022–23 fiscal year. The Committee also takes note of the statistics provided by the Government as of August 2021, indicating that 14 collective bargaining agreements are in force and cover a total number of 1,335 workers in the sectors of aviation, banking, catering, energy, food and beverage, financial services, and manufacturing. The Committee considers that the very low coverage of collective agreements in the country could appear to be related to the restrictive requirements to engage in collective bargaining contained in section 5(5) of the LRIDA and section 3(1)(d) of its regulations. Recalling that this issue has been raised since 1990, the Committee deeply regrets the lack of progress and urges the Government to take the necessary measures in the very near future to amend its legislation in order to: (i) ensure that if no union reaches the required threshold to be recognized as a bargaining agent, unions are given the possibility to negotiate, jointly or separately, at least on behalf of their own members; (ii) recognize the right of any organization which in a previous ballot failed to secure a sufficiently large number of votes to request a new election after a stipulated period; and (iii) recognize the right of any new organization other than the previously certified organization to demand a new ballot after a reasonable period has elapsed. The Committee requests the Government to provide information on the developments in this regard.

Promotion of collective bargaining in the public sector. The Committee takes note of the observations of the JCTU regarding the adoption of negotiation protocols that have modified the modalities of collective bargaining in Government Ministries, Agencies, Departments and Parastatals. The Committee requests the Government to provide further information on the implications of the new negotiation protocols in the promotion of collective bargaining in the public sector, including the number of collective agreements concluded in this sector and the number of workers covered.

Application of the Convention in practice. The Committee encourages the Government to continue to provide detailed information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements. Observing that collective bargaining can also take place through Joint Industrial Councils, which can set wages and working conditions applicable to entire industries, the Committee requests the Government to provide information on the agreements in force at the multi-employer and sectoral level. The Committee finally requests the Government to report on the measures taken, in accordance with Article 4 of the Convention, to promote collective bargaining at all levels.

The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

Articles 1 and 2. Definitions and exclusions. The Committee welcomes the Government’s first report on the application of the Convention. It notes the Government’s indication that Jamaica has no legislation specific to domestic workers, and that the national legislation, which is of a general nature, applies to all workers in Jamaica. The Government refers to the definitions of “domestic worker” set out in the National Insurance Act, 1966 and the National Insurance (Miscellaneous Provisions) Regulations, 1966, which define a domestic worker in relation to the nature of the tasks performed. The Government adds that it is currently reviewing Jamaica’s minimum wage legislation with a view to amending it to bring it into compliance with the Convention. The Committee notes with interest the Government’s indication that the proposed definition of “domestic work” to be included in the minimum wage legislation is the same as that found in the Convention, whereas the proposed definition of “domestic worker” is “a worker who is employed to do domestic work for wages on a regular continuous basis”. The Committee further notes that, in consultation with the Jamaica Employers’ Federation (JEF), the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica Household Workers Union (JHWU), domestic workers employed as day labourers were excluded from the application of the Convention. The Government explains that this category of workers was excluded on the basis that they would not be working on a continuous basis for an employer, nor would they be working a 40-hour work week. It adds that, in some cases, domestic workers employed as day labourers work for multiple employers during the course of one week. The Committee further notes the Government’s indication that, due to the extent of the informal economy in the country, the difficulty lies in determining whether domestic work is being done on an occupational basis. With respect to the definition of domestic worker, in its 2022 General Survey on Securing Decent Work for Nursing Personnel and Domestic Workers: Key Actors in the Care Economy, paragraph 565, the Committee recalled that the definition of domestic worker set out in Article 1(b) of the Convention covers “any person engaged in domestic work within an employment relationship”. The Committee observed that the broad approach adopted by the Convention “includes domestic workers engaged on a part-time basis and those working for multiple employers, nationals and non-nationals, as well as both live-in and live-out domestic workers” (2022 General Survey, paragraph 569). It noted that the Convention’s definition of “domestic worker” excludes solely those workers who perform domestic work “only occasionally or sporadically and not on an occupational basis” (Article 1(c)). The Committee recalled that the expression “and not on an occupational basis” was intended to ensure the inclusion in the definition of “domestic worker” of day labourers and similar precarious workers, including care workers (2022 General Survey, paragraphs 562-563). With regard to the issue of informal work, the Committee welcomes the Government’s indication that, in collaboration with the ILO, it has launched an initiative for developing an action plan to transition household workers (those who work a 40-hour work week) to the formal economy. The Committee wishes to stress that the inclusion of domestic workers within the scope of national labour legislation can facilitate their transition from informal and often precarious work arrangements to a formalized employment relationship (2022 General Survey, paragraph 575). The Committee encourages the Government to adopt and implement definitions of “domestic work” and “domestic worker” that are fully compatible with Article 1 of the Convention. It further requests the Government to provide updated information with regard to the review of the minimum wage legislation and to provide a copy of the modifications adopted. The Committee also requests the Government to provide detailed updated information on the nature and impact of any measures taken or envisaged to ensure that domestic workers in an employment relationship enjoy equivalent protections to those afforded by the Convention, regardless of their contractual status.

Article 3. Fundamental Rights. With respect to the protection of the fundamental labour rights of domestic workers, the Committee notes the Government’s indication that, pursuant to section 4 of the Labour Relations and Industrial Disputes Act, 1975, all workers, including domestic workers, are entitled to be members of a trade union of their choice, and to engage in the activities of any trade union to which they belong, as well as to decide not to join a trade union. The Government adds that the Jamaica Household Workers Union (JHWU) is the recognized bargaining agent representing the domestic work sector. The Committee notes that the Government does not provide information regarding the right of domestic workers in Jamaica (whether nationals or migrants) to establish trade unions, nor does the report provide information concerning the protection of domestic workers from child labour and forced labour practices, or from discrimination in employment.The Committee requests the Government to provide detailed updated information on the measures taken to ensure the effective promotion and protection of all of the fundamental principles and rights at work to which domestic workers are entitled.

Article 4. Minimum Age. Education and vocational training. The Committee notes the Government’s indication that the Child Care and Protection Act, 2004, provides protection to children in respect of the minimum age for employment. The Committee recalls that, at the time of ratifying the Minimum Age Convention, 1973 (No. 138), on 19 June 1976, Jamaica declared 15 years to be the minimum age for admission to employment or work within its territory. In its 2019 comments on the application of Convention No. 138 by Jamaica, the Committee noted that section 34(1) and (2) of the Child Care and Protection Act, 2004 (CCP) permits the employment of a child between the ages of 13 and 15 in the performance of “light” duties included on a list of prescribed occupations, or in authorized artistic performances. The Committee notes that section 34(3)(a) provides that no person shall employ a child under 15 “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”. In addition, with respect to access to education for domestic workers under 18, the Government refers to section 28 of the CCP, which requires persons “having custody, charge or care of a child between the ages of 4 and 16 [to] take such steps as are necessary to ensure that the child is enrolled and attends school”. The Committee requests the Government to clarify whether, following the ratification of Convention No. 138, the provisions of section 34 of the CCP permitting the employment of child domestic workers between 13 and 15 is still implemented. In addition, the Government is requested to provide a copy of the list of prescribed occupations for children currently in force. Moreover, noting that section 28 of the CCP applies to children between the ages of 4 and 16, the Committee requests the Government to provide detailed information on the manner in which Article 4(2) of the Convention is given effect to ensure that work performed by domestic workers between the ages of 16 and 18 does not prevent them from attending compulsory education or interfere with opportunities for their further education and training.

Article 5. Effective protections against workplace abuse, harassment and violence. The Government reports that workers, including domestic workers, may report any acts of workplace abuse, harassment or violence to the Pay and Conditions of Employment Branch of the Ministry of Labour and Social Security (MLSS). It also refers to the Offences against the Person Act, 1864, as amended, which includes sexual offences (section 1(A)(d)). The Government indicates that, in the event that a report of abuse, harassment or violence is received by the MLSS, the worker is encouraged to report the matter to the Jamaica Constabulary Force. With respect to violence, harassment and abuse in the workplace, the Committee notes the adoption of the Sexual Harassment (Protection and Prevention) Act, 2021, by both Houses of Parliament in October 2021. Noting that the Sexual Harassment (Protection and Prevention) Act, 2021explicitly includes domestic workers, the Committee requests the Government to provide information on the date on which the Act entered into force. In addition, the Committee requests the Government to provide information on the implementation of the Act and its impact on domestic workers, as well as on any additional measures taken or envisaged to give full effect to this Article of the Convention.

Articles 6 and 7. Fair terms of employment and decent living conditions. Information regarding terms of employment. The Committee notes the Government’s indication that decent living conditions and respect for privacy for live-in domestic workers are encouraged, but that there is currently no legislation in place that addresses breaches of privacy or unsatisfactory working conditions in relation to these workers. The Government adds that, through amendments to the Minimum Wage Act, it intends to set out the terms and conditions of employment, including decent living conditions and privacy, that employers must maintain in relation to their domestic workers. The Committee also notes that the proposed amendments will include a model that will set out the particulars concerning the employment contract required by Article 7 of the Convention. The Committee requests the Government to take measures to give full effect to the provisions of Articles 6 and 7 for the protection of live-in as well as live-out domestic workers, to ensure that they enjoy fair terms of employment equivalent to those enjoyed by other workers. In relation to ensuring decent living conditions for live-in domestic workers, the Committee invites the Government to take into consideration the guidance provided under Paragraph 17 of the Domestic Workers Recommendation, 2011 (No. 201) addressing minimum living conditions and privacy concerns. The Government is requested to provide a copy of the proposed amendments to the Minimum Wage legislation, as well as of any other measures taken to give effect to these provisions.

Article 8. Migrant domestic workers. The Committee notes the Government’s indication that, pursuant to the Foreign Nationals and Commonwealth Citizens Employment Act, 1973, nationals of other CARICOM countries who come to Jamaica for work are exempt from the requirement of obtaining work permits. In contrast, workers from other countries are required to apply for work permits, which requires them to provide documentary evidence of employment, such as an employment contract. The Government also indicates that Jamaica amended the Caribbean Community Free Movement of Skilled Persons Act in 2013 to cover ten categories of skilled nationals who are able to work in the country. The Committee further notes that no measures have been taken in cooperation with other ILO Members to ensure the effective application of the Convention to migrant domestic workers. The Committee requests the Government to indicate the manner in which Article 8(1) is given effect with respect to migrant domestic workers from countries outside of the Caribbean Community, to ensure that these workers receive an enforceable written job offer or contract containing the terms and conditions of employment referred to in Article 7, prior to crossing national borders to take up employment in Jamaica. It further requests the Government to provide detailed updated information on measures taken or envisaged to give effect to Article 8 of the Convention.

Article 9. Agreement on whether or not to reside in the household. Travel and identity documents. The Committee notes the Government’s indication that the national legislation is silent on the matters addressed under Article 9 of the Conventionand that these are instead left up to agreements between the employer and domestic worker. Noting the unequal bargaining power that generally exists between the domestic worker and employer, the Committee requests the Government to take specific measures to effectively ensure the protection of the rights set out in Article 9. The Committee requests the Government to provide information on any such measures taken or envisaged.

Articles 10 and 11. Minimum wages. Period of weekly rest. The Government indicates that the Minimum Wage Act provides minimum wage coverage for domestic workers, and that this is complemented by the Employment (Equal Pay for Men and Women) Act, 1975, which requires all categories of workers to receive equal pay for equal work. In respect of weekly rest periods, the Government indicates that the proposed amendment to the Minimum Wage Act will redefine the rest day to be “24 consecutive hours”. The Committee requests the Government to provide a copy of the amendments to the Minimum Wage Act once these are adopted, and to provide detailed updated information on the manner in which it is ensured that domestic workers enjoy minimum wage coverage as well as equal treatment with other workers in relation to normal hours of work, overtime compensation, periods of daily and weekly rest and paid annual leave.

Article 12. Modalities of payment of wages. Proportion of payments in kind. The Government indicates that there is no legislation stipulating the modalities of payment of wages that is applicable to domestic workers, but that all workers are paid in the currency of Jamaica. The Committee requests the Government to provide information on the manner in which it is ensured that domestic workers are paid in cash at regular intervals of at least once per month. In addition, the Government is requested to provide information on any measures taken or envisaged to impose limitations on the proportion of the remuneration of workers, including domestic workers, that may be made through payments in kind.

Article 13. Occupational safety and health. The Government reports that, in consultation with representative organizations of employers and workers, including the Jamaica Household Workers Union (JHWU), provisions regarding the occupational safety and health of domestic workers will be included in the proposed Occupational Safety and Health Bill. The Committee requests the Government to communicate a copy of the Bill once it has been adopted.

Article 14. Social security protections. The Committee notes the Government’s indication that the National Insurance Maternity Benefit Act of 1980 establishes the maternity allowance, which is available to a qualified domestic worker from a period not earlier than 11 weeks and not later than 6 weeks before the delivery date. To qualify, the domestic worker must have been registered under the scheme and made at least 26 weekly contributions during the 52-week period before the expected delivery date. The Government is requested to indicate the measures taken to ensure that domestic workers enjoy conditions that are not less favourable than those applicable to workers generally in respect of social security protections, including other benefits, such as social security, unemployment insurance and health insurance.

Article 15. Migrant domestic workers. The Government indicates that the Employment Agencies Unit within the MLSS, which carries out its function pursuant to the Employment Agencies Regulation Act, 1957, is responsible for ensuring that private employment agencies observe the provisions of Article 15. To this end, theUnit investigates complaints of abuse and fraudulent practices. Where it is determined that a complaint amounts to a criminal matter, it is referred to the Jamaica Constabulary Force for further action. The Committee notes that, pursuant to section 16(2)(e) of the Employment Agencies Regulation Act, 1957, measures may be taken with a view to “regulating the fees to be charged by employment agencies for their services”. The Committee notes that the MLSS webpage for the Employment Agencies Unit indicates that “placement fees charged by overseas employment agencies may not exceed $45,000 JMD”, whereas placement fees charged by local employment agencies may not exceed a one-time deduction of one-third of the worker’s first week’s pay. In this respect, the Committee wishes to draw the attention of the Government to Article 15(1) of the Convention, which requires Members to take measures to ensure that fees charged by private employment agencies are not deducted from the remuneration of domestic workers. The Committee requests the Government to provide detailed updated information on the manner in which Article 15 of the Convention is given effect. In particular, it requests the Government to take measures to ensure that domestic workers are not charged (directly or indirectly) placement fees by private employment agencies.

Article 16. Access to courts, tribunals or other dispute resolution mechanisms. The Government reports that domestic workers enjoy equal access to dispute resolution services provided by the MLSS, noting that all categories of workers may have their cases heard at the Industrial Disputes Tribunal regardless of whether or not they are unionized. Domestic workers may also seek redress through the Resident Magistrate Court, where a case officer from the MLSS will provide witness of fact. The Committee requests the Government to provide updated information, including statistical data, on the number and type of complaints brought by domestic workers to the MLSS and the outcome of such cases.

Article 17. Complaint mechanisms. Labour inspection. The Government reports that the MLSS, through its network of Parish and Regional Offices, accommodates telephone, electronic, letter and walk-in complaints. It adds that, where possible, inspections may be carried out by Labour Officers within the scope of their authority. The Committee welcomes the information provided by the Government relative to the number and type of complaints received from 2017 to 2019. The Committee requests the Government to provide concrete detailed information regarding the measures taken or envisaged to strengthen labour inspection services to monitor working conditions in the domestic sector and to receive, investigate and address complaints of alleged violations. It further requests the Government to provide information on the manner in which inspections may be conducted in households where domestic workers perform their work.

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.

Repetition

The Committee notes the information provided by the Government in reply to its previous comments relating to Article 3(1)(b) of the Convention (technical information and advice concerning occupational safety and health).

Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the indication of the Government in its report that the draft Occupational Safety and Health (OSH) Act is currently being considered by Parliament. With respect to the status and conditions of service of the inspection staff, the Committee notes that section 140 of the draft stipulates that: (a) the Ministry may appoint OSH Officers; (b) the appointment may be subject to conditions or limitations specified in the instrument of appointment; and (c) the Minister may vary or revoke an appointment at any time. The Committee recalls that in its 2006 General Survey, Labour inspection (paragraphs 201–208), it emphasized that inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations. As public servants, labour inspectors are generally appointed on a permanent basis. A decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with a procedure guaranteeing the right of defence and appeal. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, as required by Article 6 of the Convention.

Article 12(1)(a) and (c)(ii). Unannounced visits. Production of documents. The Committee notes that, pursuant to section 119 of the draft OSH Act, a labour officer is entitled to enter a workplace to inspect employee records or information for the purpose of inquiry into a suspected contravention of the Act. However, the labour officer shall give notice of the proposed entry to the person from whom the documents are requested and the relevant person conducting a business or undertaking, during usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry. The Committee recalls that pursuant to Article 12 of the Convention, labour inspectors shall be empowered to enter freely and without previous notice any workplace liable to inspection at any hour of the day or night. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors provided with proper credentials shall be empowered to: enter freely and without previous notice at any hour of the day or night any workplace liable to inspection; and to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work, in order to see that they are in conformity with the legal provisions, and to copy such documents or make extracts from them.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In its previous comments the Committee had noted that, pursuant to section 26 of the Factories Act 1943, the chief factory inspector could require that work be discontinued until health and safety conditions are met. Noting that this provision only applied to the sectors listed in section 26, the Committee had urged the Government to take the necessary measures to ensure the adoption of legislation that would empower labour inspectors to adopt measures with immediate executory force in the event of imminent danger to the health or safety of workers in all industrial workplaces. The Committee notes the Government’s indication that, pursuant to sections 173–175 of the draft OSH Act 2017, officers of the OSH Department (OSHD) are empowered to issue prohibition orders in all sectors. The Committee requests the Government to adopt the necessary measures to empower inspectors to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, in conformity with Article 13(2)(b) of the Convention.

Article 14. Notification of cases of occupational disease. In its previous comments, the Committee had requested the Government to pursue its efforts to ensure notification of cases of occupational diseases to labour inspectors. The Committee notes the Government’s indication that the OSHD conducted several educational sessions on the National Insurance (Prescribed Diseases) Regulations 1970, and that there has been greater collaboration with the Ministry of Health. However, the Government indicates that no occupational diseases on the prescribed list were reported in 2016 to the Employment Injury Benefit Department of the Ministry of Labour and Social Security (MLSS). The Government also indicates that a new management information system will soon be implemented for the National Insurance Scheme to assist in capturing information on cases of occupational diseases that may be reported to the Employment Injury Benefit Department. In this respect, the Committee recalls the importance of formal mechanisms to provide labour inspectorates with the data needed to identify high-risk activities and the most vulnerable categories of workers, and to carry out research into the causes of occupational diseases in establishments and enterprises liable to inspection (see 2006 General Survey, Labour inspection, paragraphs 118–127). The Committee requests the Government to pursue its efforts to ensure that labour inspection services are notified of cases of occupational disease, in accordance with Article 14 of the Convention, and to provide information on the measures taken or envisaged in this respect, including on the implementation of a new management information system. It also requests the Government to continue to provide information on the number of notifications received.

Articles 20 and 21. Annual report on the work of the inspection services. In its previous comments, the Committee had noted that the Statistical Bulletin of the MLSS of 2012 contained information on the number of complaints received, inspections undertaken and accidents reported. The Committee notes that the Annual Report of the MLSS for 2016–17: (i) refers to laws and regulations relevant to the work of the inspection service, in accordance with Article 21(a); (ii) indicates the number of accidents reported and investigated, in conformity with Article 21(f); and (iii) contains information on the number of workplaces liable to inspection and inspection visits, as prescribed by Article 21(d). However, the Committee notes that the Annual Report does not indicate the number of workers employed therein, as required by Article 21(c). In addition, the Committee notes the Government’s indication in its report that there are 16 posts for industrial safety inspectors. The Government also provides information concerning violations, particularly that: (a) the OSHD sent 110 letters to employers that were not in compliance with registration requirements under the Factories Act 1943, or with OSH requirements; and (b) one employer was prosecuted for failure to comply with the provisions of the Factories Act 1943. However, no information is provided on the penalties imposed, as required by Article 21(e). Finally, the Committee notes the Government’s indication that no occupational diseases were reported and refers to its comments above on the application of Article 14 of the Convention. The Committee requests the Government to continue to publish the annual report on the work of the inspection services in accordance with Article 20 of the Convention and to ensure that it deals with all the subjects listed in Article 21 of the Convention, including those that were not covered in its last annual report (staff of the labour inspection; number of workers employed in the workplaces liable to inspection; penalties imposed; and cases of occupational disease).

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.

Repetition

The Committee notes the Government’s reply to the 2015 International Trade Union Confederation (ITUC) observation alleging union-busting, harassment and anti-union dismissals of workers from the Bustamante Industrial Trade Union (BITU) and the National Workers’ Union (NWU).

Article 3 of the Convention. Picketing. The Committee had previously noted that section 33(2) of the Trade Union Act (TUA) prohibits picketing for solidarity or sympathy reasons and had requested the Government to take the necessary measures to ensure that peaceful picketing in the context of sympathy and solidarity strikes is not subject to sanctions. The Committee notes the Government’s indication that while it does not intervene with peaceful picketing, it has a legal obligation to intervene in situations when the picketing is done in such a manner as to intimidate or create a breach of the peace. The Government further points out that pursuant to section 33(1) of the TUA an offence is committed only if persons “attend in such numbers or otherwise is such manner as to be calculated to intimidate any person in that house or place, or to obstruct the approach thereto or egress there from, or to lead to a breach of the peace”. The Committee considers that intervention by the authorities is justified only when the picketing ceases to be peaceful without regard to the intentions or calculations of persons engaged in the picketing. The Committee therefore once again requests the Government to take the necessary measures, including by revising section 33(2) of the TUA, to ensure that peaceful picketing in the context of sympathy and solidarity strikes is not subject to the Government’s intervention and sanctions. The Committee requests the Government to indicate all measures taken in this regard.

Limitation of strike action. The Committee had requested the Government to provide information on how sections 10 and 32 of the Labour Relations and Industrial Disputes Act (LRIDA) were applied in practice. The Committee had previously noted that pursuant to these provisions, if the Minister considers that an industrial action in non-essential services has or would be likely to cause an interruption in the supply of goods or in provisions of services of such a nature, or on such a scale so as to be gravely injurious to the national interest (national economy, national security, public order, life and health of a substantial number of persons), then he or she may make an order to that effect and apply to the Supreme Court ex parte for an order restraining the parties from commencing or from continuing the industrial action. The Committee notes with interest the Government’s indication that section 10 can only be used where specified conditions are met. The threshold of proof required has meant that in practice, the Minister has not utilized this provision. With regard to section 32, the Government indicates that a high standard must be met in order to satisfy the Supreme Court that the legal requirements of application of this provision are fulfilled. Those standards require that the action has to be likely to be gravely injurious to the national economy, imperil national security or create a serious risk of public disorder; or endanger the lives of a substantial number of persons or expose a substantial number of persons to serious risk of disease or personal injury. The Government further indicates that while these provisions exist, they have not been invoked in relation to any industrial dispute in recent years and the Ministry of Labour and Social Security has been able to utilize its conciliatory powers to amicably resolve matters that may potentially fall within sections 10 and 32. The Committee takes due note of this information, and encourages the Government to continue exercising restraint in using sections 10 and 32 of the LRIDA, bearing in mind that outside essential services, for example, services the interruption of which could endanger the life, personal safety or health of the whole or part of the population, the right to strike may only be restricted for public servants exercising authority in the name of the State, or in case of acute national crisis, but only for a limited period of time and to the extent necessary. The Committee further encourages the Government to review these provisions in consultation with the social partners with a view to their possible amendment.

Compulsory arbitration. The Committee had previously expressed concern at the lack of progress in amending sections 9, 10 and 11(A) of the LRIDA that confer extensive power to the Minister to refer any industrial dispute to arbitration. The Committee notes the Government’s indication that the Ministry will examine the Committee’s concerns in consultation with social partners and the Labour Advisory Council with a view to making recommendations for legislative reform. The Committee once again expresses its concern at the lack of progress in this regard and expects that sections 9, 10 and 11(A) of the LRIDA will be amended in the near future so as to bring them into conformity with the Convention in line with the Committee’s previous comments, and requests the Government to indicate any developments in this regard.

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

Repetition

Article 2 of the Convention. Right of workers to establish and join organizations. The Committee had previously requested the Government to take the necessary measures to amend section 6(4) of the Trade Union Act (TUA) in order to ensure that penalties were not imposed on workers for their membership and participation in activities of an unregistered trade union. The Committee notes the Government’s indication in its report that this issue is being examined and will be discussed with the social partners at the Labour Advisory Council. The Committee expresses the firm hope that the law will be amended in the near future and requests the Government to inform of the developments in this regard.

Article 3. Interference in the financial administration of a trade union. The Committee had previously requested the Government to take the necessary measures to restrict the Registrar’s discretionary rights to carry out inspections and request information with regard to trade union finances at any time as provided in section 16(2) of the TUA. Noting with regret that the Government has not provided any information in this regard, the Committee reiterates its previous request. It expects that the Government’s next report will contain information on the measures taken to amend section 16(2) of the TUA so as to ensure that the control exercised by the public authorities over trade union finances does not exceed the obligation to submit periodic reports.

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.

Articles 1 and 2 of the Convention. Adoption of a national employment policy. The Committee recalls that it has been requesting information in relation to the Final Draft Employment Policy Concept Paper and the development of a National Employment Policy (NEP) since 2011, when it noted that the NEP was expected to be issued in 2013. The Committee notes the Government’s indication that the Concept Paper is still being drafted and that the NEP will be developed once the draft Paper is finalized and approved by the Cabinet. The Committee notes that, while the NEP has not been adopted, the annual performance report 2019–20 of the Ministry of Labour and Social Security (Annual Performance Report 2019–20) makes reference to the NEP, describing its strategic objectives as including increased local and overseas employment opportunities, and increased accessibility to the Ministry’s services and benefits through re-engineered business processes for major programmes. Noting the central obligation of the Convention to declare and pursue a national employment policy for the promotion of employment and decent work, the Committee trusts that the Government will take the necessary measures to finalize the Final Draft Employment Policy Concept Paper and develop the National Employment Policy, in consultation with the social partners and relevant stakeholders, without delay. It requests the Government to keep it informed of the measures taken and progress made in this respect.

Active labour market measures. Impact of COVID-19. The Committee previously requested the Government to provide detailed information regarding improvements made to the Labour Market Information System (LMIS), particularly on measures taken or envisaged to improve access to information for jobseekers and to ensure the matching of labour supply and demand, as well as to provide information on the labour market situation. The Government reports that it has taken steps to enhance the LMIS, including through the launch of a mobile application in 2019, which has generated an increase in the number of jobseekers between 2018 and 2019. The Government also refers to other measures taken, including partnerships to increase the supply of jobs in the LMIS, the organisation of job fairs, and activities of the Human Employment and Resource Training Trust/ National Training Agency (HEART Trust NTA) to expand access to the labour market demand through training, certification and job placement opportunities. The Government further reports that 3,079 jobseekers were placed in employment between April 2018 and 2019. The Committee notes that, according to the LMIS, the total unemployment rate in 2019 stood at 7.2 per cent (representing 6 per cent for men and 8.6 per cent for women), while the overall labour force participation rate was 64.5 per cent (70.9 per cent for men and 58.3 per cent for women).

The Committee notes that, according to a 2021 report from the World Bank, while the health impact of the pandemic has not been as severe in Jamaica as in some countries, the COVID-19 pandemic has had a significant socio-economic impact, particularly on the tourism sector, which contributes approximately 30 per cent of GDP and supplies one-third of all jobs. The report indicates that Jamaica’s real GDP was expected to contract by 11.6 per cent in fiscal year 2020-21 and it was estimated that 150,000 jobs were lost between January 2020 and July 2020. In the framework of the Universal Periodic Review, the Government has also indicated in 2020 that the COVID-19 pandemic had exacerbated many socioeconomic development challenges (A/HRC/46/18, 21 December 2020, paragraph 6). The Annual Performance Report 2019–20 includes information on a number of measures taken by the Ministry in this context, including the establishment of a COVID-19 hotline. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex and age, on the situation of the labour market, including employment, unemployment and underemployment rates. The Government is also requested to provide information on the nature and impact of any further measures taken to improve the LMIS. In addition, the Committee invites the Government to provide information on the impact of the COVID-19 pandemic on the labour market, including statistical data disaggregated by sex, age, and economic sector, and on measures taken or envisaged to address the challenges encountered. The Committee also requests the Government to provide information on lessons learned from the crisis, including on the nature and impact of response and recovery measures taken.

Youth employment. The Committee notes the information provided by the Government with respect to programmes designed to increase opportunities for young Jamaicans, including the Housing, Opportunity, Production and Employment Programme, which has a training and apprenticeship component, and the Hope Youth Summer Work Programme, which enables young people to benefit from paid work experience. The Government also indicates that the HEART Trust NTA continues to provide core skills training to young people, and to support them in transitioning into further educational pursuits, entrepreneurial activities, or job placements. The Committee further notes that the Annual Performance Report 2019–20 of the Ministry of Labour and Social Security refers to additional activities, such as the Social Intervention Programme, which includes a short-term employment component, through which young persons between 18 and 35 are employed for a period of six months, as well as a component offering educational and entrepreneurship grants. The Committee notes, however, that while youth unemployment rates have decreased between 2017 and 2019, it remains higher than the overall unemployment rates in the country, at 21.1 per cent in 2019, according to the LMIS database. The Committee requests the Government to continue to provide updated detailed information on the nature and impact of measures taken to promote access to sustainable employment and decent work for young women and men, including statistics on youth employment and unemployment rates, disaggregated by age and sex.

Women. In response to its previous comments on the impact of vocational education and guidance programmes on increasing the participation of women in the labour market, the Government refers to a number of initiatives that have been implemented to improve the participation of women in the labour market. These include continuous training programmes developed and implemented by the Rural Agricultural Development Authority (RADA), aimed at helping women farmers identify income-earning opportunities and develop small businesses. In addition, the Committee notes the Government’s reference to strategies and programmes developed to promote female entrepreneurship through capacity building in ICT, financial and business training. The Government also indicates that the Women’s Entrepreneurship Support Project awards women grants, funding and training. In response to the Committee’s request for information on measures taken to facilitate the transition of women workers from the informal economy to the formal labour market, the Committee notes the Government’s indication that the MLSS launched an initiative in 2018, in collaboration with the ILO, to develop an Action Plan to transition Household Workers and Fishers to the Formal Economy. The Committee notes that, according to a 2021 report of the World Bank, the rise in unemployment from 5.3 per cent in January 2020 to 12.6 per cent in July 2020 has reinforced existing gender disparities, with unemployment rates for women standing at 14 per cent during this period, while the rate for men was 11.5 per cent. The Committee requests the Government to provide information on the impact of the abovementioned initiatives in terms of improving women’s participation in the labour force and their transition from the informal economy to the formal labour market. The Committee also refers the Government to its comments adopted in 2020 under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Persons with disabilities. The Committee previously requested information on measures taken to improve the employability of persons with disabilities and on their impact, including on whether the HEART Trust NTA training programme promotes access to the open labour market for persons with disabilities. In this respect, the Committee notes the Government’s indication that HEART Trust training institutions enrolled 386 persons with disabilities during 2018–19. The Government further refers to the placement into work of 386 persons with disabilities after being trained with key employability skills and assigned job coaches under the Empowerment Programme. The Committee also notes that the Annual Performance Report 2019–20 states that the Jamaica Council for Persons with Disabilities (JCPD) is responsible for the implementation of policies and programmes for persons with disabilities. In this respect, the Annual Performance Report 2019–20 included results achieved on various objectives promoting the education, training and employment of persons with disabilities, including the number of persons who received rehabilitation grants, and the number of awareness-raising activities conducted regarding the Disabilities Act. The Committee requests the Government to continue to provide information on the nature and impact of measures taken to promote access to the open labour market for persons with disabilities, including on the programmes implemented by the JCPD. The Committee also refers the Government to its comments adopted in 2020 under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 3. Consultation with the social partners. The Government reports that it continues to address labour market issues through the tripartite Labour Advisory Council. It adds that, in an effort to increase the supply of jobs in the LMIS database, the MLSS has been partnering with employers from the Jamaica Chamber of Commerce and growth industries, such as Tourism and Business Process Outsourcing (BPO). The Committee requests the Government to continue to provide information on the nature and outcome of consultations held with the social partners with respect to the formulation of a national employment policy, as well as on the manner in which the views of persons affected by the measures to be taken are taken into account.

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.

Repetition

Article 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government reports that during the reporting period, the most recent meetings of the tripartite Labour Advisory Council (LAC) were held on 14 March and 8 August 2018. The Government indicates that the matters specified in Article 5 of the Convention were placed on the LAC’s agenda, and that, at its meeting on 8 August 2018, the LAC discussed the agenda of the 107th Session of the International Labour Conference. The Government adds that it communicates copies of its reports on the application of ratified Conventions as well as reports relating to unratified Conventions to the Jamaica Employers’ Federation (JEF) and the Jamaica Confederation of Trade Unions (JCTU) for their information and comments. Noting that the Government has not provided the specific information requested, the Committee once again requests that the Government provide updated detailed information on the content and outcome of the tripartite consultations held on all of the matters concerning international labour standards covered by Article 5(1) of the Convention, particularly relating to: Government replies to questionnaires concerning Conference agenda items (Article 5(1)(a)); proposals to be made to the competent authorities in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

Article 2 of the Convention. National policy concerning nursing services and personnel. COVID-19 measures. The Committee notes the Government’s response to its previous comments, initially made in 2013, in which it requested the Government to submit additional information on any difficulties related to the shortage of nursing personnel, the current situation of overseas migration of nurses, as well as any targeted measures, programmes or initiatives intended to address these matters. The Government indicates that nursing personnel (including all categories of registered nurses, enrolled assistant nurses and registered midwives), make up the majority of the technical human resources in the public health system. There are currently 3,890 nurses in the Jamaican nursing workforce, out of a required number of 6,700 that are needed, representing a national nursing workforce shortage of approximately 58 per cent. Moreover, there has been a 20 per cent separation rate among the nursing workforce over the past three years. While this percentage is replaced through nine general training schools in Jamaica, a significant number are also migrating. The Government indicates that the ongoing departure of nursing personnel from the public health sector has placed significant pressures on the healthcare delivery system, leading to challenges such as: staff burn-out; increased absenteeism; junior nurses being placed prematurely in supervisory positions without adequate mentoring and coaching; staff shortages resulting in inadequate nursing coverage; and increased attrition among nursing staff. Recruitment agencies from abroad recruit nurses from Jamaica on an ongoing basis, leading to a significant reduction in the number of experienced nurses trained to offer specialized and critical thinking interventions to patients requiring this level of care. According to information from the Nursing Association of Jamaica, from October 2017 to September 2018, a total of 268 nurses resigned from the public sector, out of which some 95 per cent have migrated. The Committee notes the targeted measures taken by the Ministry of Health (MOH) to address attrition of nursing personnel. In particular, the Committee notes the measures taken by the Government, which include ensuring a positive working environment through supportive supervision and organizational management, offering flexi-shifts (shifts of varying lengths and staggered start times) to give nursing personnel flexibility to help them meet their personal obligations. The Government adds that additional measures have been taken, which include providing personalized orientation periods to meet the needs of new nurses, as well as onsite programmes such as childcare centres or gyms, providing sponsorships to enable nursing personnel to undertake post-basic training, specialization and advanced degrees, enhancement of career development pathways, ensuring the provision of adequate facilities and offering financial and non-financial incentives for excellent work, such as education grants and low-interest house and care loans. The Ministry is also engaged in international cooperation with countries for the training and supply of specialist nurses. For example, Jamaica is recruiting specialist nurses from Cuba and India, while the People’s Republic of China and the United Kingdom are assisting in their training. The Committee requests the Government to provide detailed and updated information on the impact of the targeted measures taken by the Ministry of Health (MOH) to address migration and reduce attrition of nursing personnel. The Government is also requested to provide detailed updated information on the manner in which the COVID-19 pandemic and the measures adopted to mitigate its effects have affected the implementation of the objectives of the Convention, as well as challenges encountered and lessons learned.

Articles 3(1) and 7. Nursing education and training. Occupational safety and health of nursing personnel. The Committee notes the information provided by the Government, which responds fully to its previous comments.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the Government previously ratified two Conventions on maritime labour, which have been denounced following the entry into force of the MLC, 2006, for Jamaica. The Committee further notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014 and 2018 entered into force for Jamaica on 13 June 2018 and 26 December 2020, respectively. The Committee also notes that Jamaica has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 by the International Labour Conference and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept these amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Convention is mainly implemented by the Shipping Act of 1998 as amended in 2000 (Shipping Act). The Committee welcomes the adoption of an Act to amend the Shipping Act on 22 December 2020 to incorporate the MLC, 2006 (2020 Amendment Act) and notes that this adoption took place after the submission of the Government’s report. The Committee further notes that, according to the information provided by the Government, the Employment Agencies Regulation Act, 1957 is currently being amended to ensure compliance with the Convention. The Committee acknowledges the efforts of the Government to comply with the Convention and requests the Government to provide a copy of the 2020 Act (which amends the Shipping Act) as well as any other relevant legislative texts once adopted.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers and apprentices. The Committee notes that section 2 of the Shipping Act excludes from the definition of “seaman” the masters, pilots and apprentices. The Committee recalls that in accordance with Article II, paragraph 1(f) of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. Concerning apprentices, the Committee considers that the acquisition of seafarer training on a ship involves by definition working on board and hence there is no doubt that apprentices and cadets are to be regarded as seafarers for the purpose of the Convention. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that apprentices are to be regarded as seafarers for the purpose of the Convention. The Committee emphasizes that the protection afforded by the Convention assumes particular importance for the most vulnerable categories of workers, including apprentices. The Committee also recalls that, while pilots can be excluded from this definition, masters are to be regarded as seafarers and should be covered by the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that all persons employed, engaged or working in any capacity on board a ship to which the Convention applies, including cadets and masters, are regarded as seafarers and enjoy the protection afforded by the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, pursuant to section 4 of the Shipping Act, no person under the age of 18 years shall be employed or work in the engine-room of any ship, unless that young person is an apprentice working under supervision. It further notes that section 34(3)(a) of the Child Care and Protection Act, 2004 provides that no person shall employ a child 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. The Committee observes however that the legislation does not contain the list of hazardous activities, which is required under Standard A1.1, paragraph 4 of the Convention, and that must 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. The Committee requests the Government to take the necessary measures to adopt the list of types of work considered hazardous as required by Standard A1.1, paragraph 4.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the information provided by the Government, in particular the procedure to register and obtain license to operate an overseas employment agency. It also notes the Government’s indication that currently there are no provisions concerning private seafarer recruitment and placement services and that the Employment Agencies Regulation Act, 1957 is currently being amended to ensure compliance with the Convention. The Committee requests the Government to provide information on the progress made in this respect and a copy of the relevant text once adopted.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes the Government’s indication that the case of shipowners using recruitment and placement services that operate in countries that have not ratified the Convention is addressed in the declaration of maritime labour compliance (DMLC), Part I, whose approval process is in progress. The Committee requests the Government to provide information on measures adopted to implement the requirements of Standard A1.4, paragraphs 9 and 10, of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. The Committee notes the Government’s reference to section 117 of the Shipping Act according to which a crew agreement shall be signed by the master and the seafarer without clarifying whether the master acts as a representative of the shipowner. It further notes the Government’s indication that amendments will be made to this Act in order to comply with the requirements of the Convention. The Committee underlines the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention. In accordance with Standard A2.1, paragraph 1, every seafarer must have an original agreement signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee requests the Government to indicate how it is ensured that the seafarer’s employment agreement (SEA) is signed by the shipowner or shipowner’s representative as required under Standard A2.1, paragraph 1(a) of the Convention. The Committee further requests the Government to clarify whether, in this context, the master acts as a representative of the shipowner and to indicate the relevant provisions in this regard.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes the Government’s indication that there are no statutory provisions on the application of this provision of the Convention and that amendments are being made to the Shipping Act to incorporate the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the text together with the Government’s next report.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes the Government’s reference to section 117 of the Shipping Act, which contains particulars to be included in the SEA. It also notes the Government’s indication that amendments are being made to the Shipping Act, to incorporate the provisions of the MLC, 2006. It further notes a model a SEA submitted by the Government, which contains the particulars mentioned under this provision of the Convention. However, it observes that the majority of the matters to be included in SEAs, according to Standard A2.1, paragraph 4, are not reflected in the existing legislation, i.e. (a) the shipowner’s name and address; (b) the place where and date when the SEA is entered into; (c) the amount of paid annual leave; (d) the termination of the SEA and the conditions thereof; (e) the health and social security protection benefits to be provided to the seafarer by the shipowner; (f) the seafarer’s entitlement to repatriation and (g) reference to the collective agreement. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and the Code. Wages. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that amendments are being made to the Shipping Act to strictly incorporate the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes the Government’s indication that the Jamaican legislation is based on minimum hours of rest. It further notes that this matter will be addressed in the new legislation, which will incorporate the MLC, 2006 requirements. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.3 and Standard A2.3, paragraphs 8. On call work. Immediate safety and distress at sea. Compensatory rest. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the MLC, 2006 provisions. The Committee further notes that section 35(1) of the Shipping (training, certification, safe manning, hours of work and watchkeeping) Regulations, 1998 stipulates that the requirements for rest periods specified in paragraphs (5)(c) and (6) of section 34 of said Act need not be maintained in case of any emergency or drill or in other overriding operational conditions. The Committee however observes that these regulations provide no adequate compensatory rest when a seafarer is on call, such as when a machinery space is unattended, and if the normal period of rest is disturbed by call-outs to work (Standard A2.3, paragraph 8) or adequate period of rest when a seafarer is asked by the master of a ship to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea by suspending the schedule of hours of work or hours of rest to perform any hours of work necessary until the normal situation has been restored. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that minimum paid annual leave is 28 days and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee observes that section 154 of said Act provides that every seafarer is entitled, after 12 months of continuous service on a Jamaican ship, or for the same employer, to annual leave with pay, or to a proportionate part of such leave, the duration of which shall be: (a) in the case of master and officers, not less than eighteen working days; and (b) in the case of other members of the crew, not less than twelve working days. The Committee recalls that, according to Standard A2.4, paragraphs 1 and 2, each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers and that, subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes into account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee recalls that, according to Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.5 and the Code. Repatriation. The Committee notes that the Shipping Act contains no provisions regulating (i) the maximum duration of service periods on board following which a seafarer is entitled to repatriation (Standard A2.5.1 paragraph 2(b)); (ii) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1 paragraph 2(c)); and (ii) the obligation of the Government to require that ships that fly its flag carry and make available to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language (Standard A2.5.1 paragraph 9). The Committee requests the Government to indicate the measures taken to give effect to these provisions of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication that there are no statutory provisions on financial security. Amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes the Government’s indication that there are no statutory provisions and that amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s reference to regulation 29 of the Shipping Regulations, which covers only ships of 500 GT or more. The Committee recalls that Regulation 2.7 of the Convention applies to all ships that fly the flag of a Member. The Committee observes that the Government has not provided information regarding the obligation to take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and Standard A2.7, paragraphs 1 and 2. The Committee requests the Government to indicate how effect is given to these requirements of the Convention. The Committee also requests the Government to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled. Furthermore, the Committee observes that the First Schedule (Application for Local Trade Operation) indicates in the approved manning level that the cook is a pump man. In this connection, the Committee notes that the Government does not provide information on how, when determining manning levels, the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate how effect is given to this requirement of the Convention. The Committee further requests the Government to provide a copy of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s indication that there are currently no policies in place on this issue. The Committee accordingly requests the Government to indicate the measures taken to give effect to Regulation 2.8 and the Code.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that, with regard to the implementation of Regulation 3.1 and the Code, the Government indicates that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate MLC, 2006. The Committee recalls that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering organization and equipment. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 4.1 and the Code. Medical care on board and ashore. With regard to the measures adopted to ensure health protection of seafarers on board and ashore, the Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report. The Committee further notes that section 170 of the Shipping Act provides that the Minister may make regulations requiring Jamaican ships to carry such medicines, medical stores, medical appliances and books containing instructions and advice, as may be specified in the regulations. Noting the absence of information regarding such regulations, the Committee requests the Government to provide detailed information on the measures adopted to meet the requirements of Standard A4.1, paragraphs 1(a), 3 and 4(c).

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 4.2, Standard A4.2.1, paragraphs 1(b) and 8 to 14 and Standard A4.2.2, paragraph 2. Shipowners’ liability. Minimum Standards. Death or long-term disability. Financial security. The Committee notes the Government’s indication that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standard A4.2.1 and Standard A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. The Committee requests the Government to indicate how the ongoing amendments to the Shipping Act ensure that the system of financial security meets the following minimum requirements: (i) no pressure is exercised on the seafarer to accept payment less than the contractual amount; (ii) interim payments are made while the situation is being assessed to avoid undue hardship; and (iii) the seafarer receives payment without prejudice to other legal rights (Standard A4.2.1,paragraph 8). In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to a certificate by a financial security provider and P&I insurance coverage. The Committee recalls that pursuant to Standard A4.2.1 and Standard A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that there are no statutory provisions on this issue. The Committee requests the Government to provide detailed information related to health and safety protection and accident prevention as follows: (i) any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3; (ii) the development, after consultation with representatives of the shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag, and to provide a copy of them when available (Regulation 4.3, paragraph 2); (iii) the implementation of the requirement that a safety committee – including a seafarers’ representative – be established on all ships with five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) the reporting, investigation and statistics on occupational accidents, injuries and diseases in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there are no shore-based seafarer welfare facilities in the country. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide information on measures adopted, currently and in the future, to promote the development of welfare facilities in appropriate ports determined after consultation with shipowners’ and seafarers’ organizations.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Jamaica declared that the branches of social security for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10 are: sickness benefit; old-age benefit; employment injury benefit; family benefit; invalidity benefit and survivors’ benefit. It further notes the Government’s reference to the National Insurance Act, 1966 without further information. Recalling that Standard A4.5, paragraph 3, requires a member to undertake steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, including those working on ships operating under the flag of another country, the Committee requests the Government to provide detailed information on the national measures adopted or envisaged to give full effect to the provisions of the Convention. The Committee also requests the Government to indicate whether the existing bilateral or multilateral arrangements/agreements (with the United Kingdom, Canada and Quebec) in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8) are still in force, and whether new bilateral or multilateral agreements have been concluded in this regard.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security for non-resident seafarers. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s statement that there are no statutory provisions on the issue of social security for non-resident seafarers working on ships flying the Jamaican flag who do not have adequate social security coverage. The Committee recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the relevant branches of social security. The Committee requests the Government to specify any measures taken or foreseen in order to implement this provision of the Convention.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s information that there are no statutory provisions implementing this provision of the Convention and inspections are carried out by Inspectors from the Maritime Authority of Jamaica. While noting the absence of information on the application of this provision of the Convention in practice, the Committee requests the Government to provide information on the basic structure and objectives of the system in the country (including measures to assess its effectiveness) for the inspection and certification of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to ensure that the working and living conditions for seafarers on ships that fly the Jamaican flag meet, and continue to meet, the standards of the Convention.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Flag State responsibilities. Copy of the MLC, 2006, on board. The Committee notes the Government's indication that there are no statutory provisions requiring all ships that fly its flag to have a copy of the Convention available on board. Recalling that, pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to indicate the measures taken to ensure compliance with this requirement of the Convention.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 3. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes the Government’s indication that all recognized organizations are granted the power to require rectification of deficiencies on ships and to carry out inspections at the request of port States. It further notes the Government’s indication that there are no statutory provisions on this issue. The Committee notes that the Government has not provided information regarding the relevant provisions implementing its obligation to review the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations, required under Standard A5.1.2, paragraphs 1 and 3. The Committee therefore requests the Government to specify how effect is given to the requirements of Standard A5.1.2, paragraphs 1 and 3.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s statement that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and the Code. Flag State responsibilities. The Committee notes the Government’s statement that there are no statutory provisions on this issue and amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and Standard A5.1.4, paragraph 3. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s information that while there are no specific provisions ensuring compliance with this requirement of the Convention, inspectors receive training in accordance with the Maritime Authority Quality Management System. The Committee requests the Government to indicate how effect is given to Standard A5.1.4, paragraph 3.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Qualification, status and conditions of service of inspectors. The Committee notes the Government’s indication that there are no statutory provisions on this issue. It recalls that this Standard provides for measures to be adopted to guarantee that inspectors have status and conditions of service, which ensure that they are independent of changes of government and of improper external influences. The Committee requests the Government to indicate the measures taken to give effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints. Confidentiality of sources of grievances or complaints. The Committee notes the Government’s information that there are statutory provisions on this issue and procedures will be incorporated in amendments to the Shipping Act. The Committee recalls that this Standard provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information, which may come to them in the course of their duties. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Reporting on inspections. The Committee notes the Government’s indication that there are currently no arrangements on this issue. The Committee recalls that under Standard A5.1.4, paragraph 12 of the Convention, inspectors are required to submit a copy of the inspection report to the master and that a copy be posted on the ship’s notice board. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that on-board complaint procedures have not yet been developed. The Committee further notes that the DMLC, Part I provided by the Government indicates that legislation will be introduced to ensure the requirements provided for under Standard A5.1.5, paragraphs 1 to 3. The Committee accordingly requests the Government to indicate the measures taken to ensure compliance with Standard A5.1.5.

Regulation 5.1.6, paragraphs 1 and 2. Flag State responsibilities. Marine casualties. The Committee notes the Government’s indication that section 418 of the Shipping Act dealing with investigation of shipping causalities is being amended in light of the IMO Casually Investigation Code. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag and that the final report of the inquiry shall normally be made public. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Jamaica is a member of the Caribbean Memorandum of Understanding on Port State Control. The Government also indicates that there are no statutory provisions on this issue and that amendments are being made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report. The Committee further notes that the number of authorized officers appointed by the competent authority is nine. The Committee requests the Government to provide information on the qualifications and training required for carrying out port State control.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. The Committee notes the Government’s indication that there are no statutory provisions on this issue and that amendments will be made to the Shipping Act to strictly incorporate the provisions of the MLC, 2006. The Committee notes that the Shipping Act has been amended and will review the new text together with the Government’s next report.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that no complaint-handling procedures have been established. The Committee draws the Government’s attention to the detailed requirements of Regulation 5.2.2 and the Code providing that seafarers on ships calling at the Member’s ports who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights), have the right to report a complaint to the competent port authorities. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 5.2.2 and Standard A5.2.2 of the Convention.

[The Government is asked to reply in full to the present comments in 2024.]

Article 2 of the Convention. Insertion of labour clauses in public contracts. Application of the Convention. Part V of the report form. The Committee refers to its observations since 2009, recalling that it has been commenting for a number of years on the absence of any laws, regulations or practices giving effect to the provisions of the Convention. In its previous comments, initially made in 2014, the Committee expressed the hope that the Government would take prompt action to ensure the effective implementation of the Convention both in law and in practice. The Committee notes the Government’s response, indicating that there is at present no general law or regime in place that mandates particular labour clauses to be included in public contracts, as defined by the Convention. With respect to the application of Article 2 of the Convention, the Government reports that there is currently no policy or practice of including clauses in public contracts which guarantee basic protections such as wages (including allowances), hours of work and other conditions of labour, which are not less favourable than those established. The Committee notes the Government’s indication that it is presently making legislative changes to insert labour clauses in public contracts. In this respect, the Committee notes from the material available on the Jamaican Ministry of Finance and Public Service website that the Public Procurement Act of 2015, the Public Procurement Regulation of 2018 and the Revised Handbook of Public Sector Procurement Procedures (March 2014) contain no reference to labour clauses and do not require the insertion of any clauses of the type prescribed by Article 2(1) in the public contracts to which the Convention applies. Once again, the Committee draws the Government’s attention to its 2008 General Survey on labour clauses in public contracts, paragraph 45, which makes clear that “the mere fact of the national legislation being applicable to all workers does not release the State which has ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention”. As the Committee observed in the 2008 General Survey, “the Convention has a very simple structure, all its provisions being articulated around and directly linked to the core requirement of Article 2(1), i.e. the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. As a result, in case the national legislation makes no provision for the specific type of labour clause and in the specific terms set out in Article 2(1) of the Convention, the application of the remaining Articles 3, 4 and 5 becomes without object” (2008 General Survey, paragraph 176). The Committee observes that the labour clauses required by the Convention – which should be established by the competent authority in consultation with the social partners – are clauses of a very specific content (2008 General Survey, paragraph 46). The required clauses must ensure to the workers employed under public contracts, as these are defined under Article 1(a) through (d) of the Convention, the payment of wages (including allowances), hours of work and other conditions of labour that are not less favourable than those established for work of the same character in the trade or industry concerned [and which apply] in the district where the work is being performed (Article 2(1) of the Convention). Noting once again that it has been commenting for several years on the Government’s failure to give effect to the Convention, the Committee recalls that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily require the enactment of new legislation, but can also be realized by administrative instructions or circulars, the Committee expects that the Government will take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. The Committee requests the Government to keep the Office informed of progress made and recalls that the Government can avail itself of the technical assistance of the ILO in this regard, should it wish to do so.

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that it has been pointing out since 1997 that the Employment (Equal Pay for Men and Women) Act of 1975 does not include the concept of “work of equal value” as required by the Convention and only requires the payment of equal remuneration for equal work. It further recalls that in section 2(1) of the Act, “equal work” is defined as “work performed for one employer by male and female employees alike in which: (a) the duties, responsibilities or services to be performed are similar or substantially similar in kind, quality and amount; (b) the conditions under which such work is performed are similar or substantially similar; (c) similar or substantially similar qualifications, degrees of skill, effort and responsibility are required; and (d) the differences (if any) between the duties of male and female employees are not of practical importance in relation to terms and conditions of employment or do not occur frequently”. The Committee emphasizes that “work of equal value” is different from “similar or substantially similar work”. Women and men tend to perform different work or are occupationally segregated in the labour market and, frequently, work performed by women (or mainly by women) is undervalued in comparison to work performed by men (or mainly by men). In this regard, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey on the fundamental Conventions, 2012, paragraphs 673 and following). The Committee notes the Government’s indication that, regardless of gender, under the Act of 1975, all categories of workers receive equal pay for equal work. The Committee also notes from the Government’s report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that the Employment (Equal Pay for Men and Women) Act of 1975 is currently under review to ensure that it fulfils its objective of guaranteeing equal remuneration for men and women (CEDAW/C/JAM/8, 5 March 2020, paragraph 94). Welcoming this information, the Committee urges the Government to take the necessary steps to ensure that, as part of the review of the Employment (Equal Pay for Men and Women) Act of 1975 its equal pay provisions are amended and brought in line with the Convention: (i) by giving full legislative expression to the principle of equal pay for men and women for work of equal value and (ii) by extending the application of this principle beyond the same employer. The Committee asks the Government to provide information on the steps taken to this end.

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

Article 2 of the Convention. Minimum wages and wage-fixing mechanisms. The Committee recalls the persistence of occupational segregation in the country and that low-paying sectors tend to be dominated by women. The Committee notes the Government’s statement in its report that the Minimum Wage Act ensures that all workers receive the same salary irrespective of occupation and protects workers from gender bias by guaranteeing the same salary irrespective of occupation and gender. However, the Committee notes from section 3(2)(b) of the Minimum Wage Act that the Minister may “fix different minimum rates of wages for workers employed in different categories of establishments engaged in the same occupation”. The Committee recalls that minimum wages are often set at the sectoral level and this creates a tendency to set lower wages for sectors predominantly employing women. Due to such occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued. The Committee recalls that the mere statement by the Government that the Minimum Wage Act does not make a distinction between men and women workers is not sufficient to ensure that there is no gender bias in the process. Rates should be fixed based on objective criteria free from gender bias to ensure that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed (2012 General Survey on the fundamental Conventions, paragraph 683). The Committee therefore once again asks the Government to provide information on any action taken or envisaged by the Minimum Wage Advisory Commission to review minimum wage schemes from a gender perspective to ensure that they are established free from direct or indirect gender bias, and in particular that skills or work considered to be “female” are not undervalued in the wage-fixing process.

Article 3. Objective job evaluation. The Committee previously asked the Government to provide more information on the criteria in the two evaluation systems (grade description and point factor) used in classification and wage fixing for government employees. The Committee takes note of the detailed information provided by the Government on both the grade description evaluation system that uses factors such as minimum education requirements, features of the type of work carried out at the level, typical duties, education, experience, skills and abilities, and the point factor evaluation method that uses four main factors (knowledge, judgement, accountability and working conditions), which are further broken down into 13 sub-factors. The Committee wishes to emphasize that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and in particular that the method and factors used do not have an indirect negative impact on women’s remuneration by undervaluing work in posts predominantly held by them. Noting the information provided on the establishment of job classification and salary scales in the public sector, the Committee asks the Government to take steps, with the collaboration of workers’ and employers’ organizations, to develop and promote the use of objective job evaluation methods in the private sector, and to provide information on any steps taken in this regard.

Awareness raising. The Committee notes, in response to its previous request for information on any activity undertaken to promote equal remuneration for men and women in accordance with the Convention, the Government indicates that wider information, education and training is necessary to raise awareness of the measures set out in the Convention in relation to “work of equal value”. The Committee asks the Government to take steps to ensure that persons responsible for determining rates of remuneration, including in government bodies, government advisory bodies, workers’ and employers’ organizations, understand how to promote equal remuneration for men and women for work of equal value, for example by providing them with information, education, training and guidance. It also asks the Government to provide information on any activities to inform men and women workers of their right to equal remuneration. The Committee asks the Government to provide information on the progress made in this regard.

Monitoring and enforcement. The Committee notes the Government’s information that 75 compliance officers of the Ministry of Labour and Social Security, responsible for conducting labour inspections, received training on a number of laws, including the Employment (Equal Pay for Men and Women) Act. Taking due note of the Government’s reiterated statement that no complaints have been brought under the Act, the Committee wishes to point out that, where no cases or complaints, or very few, are lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (2012 General Survey, paragraph 870). The Committee therefore hopes that the Government will take the opportunity to examine the effectiveness of the complaint process under the Employment (Equal Pay for Men and Women) Act when it undertakes a review of the Act. It also asks the Government to provide information on labour inspection reports and complaints, as well as court decisions relating to violations of the principle of equal remuneration. The Committee asks the Government to continue the training activities undertaken for compliance officers and to provide information on any measure taken in this regard.

Statistics. The Committee notes from the Government’s report that the Statistical Institute of Jamaica (STATIN) is mandated to review and revise the Survey of Employment and Earnings and that the findings will be published and transmitted to the Office. The Committee asks the Government to provide a copy of the Survey of Employment and Earnings once it has been finalized. It also asks the Government to provide regularly updated statistics on the earnings of men and women by sector and occupation, in the public and private sectors, and on the proportion of men and women receiving the minimum wage in each sector.

Article 1(1) of the Convention. Protection of workers against discrimination. Legislation. The Committee previously recalled that, although the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011, recognizes the right to freedom from discrimination on the seven grounds set out in Article 1(1)(a) of the Convention, constitutional provisions addressing non-discrimination have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. The Committee notes the Government’s indication, in its report, that section 4(2)(b) of the Labour Relations and Industrial Disputes (LRID) Act 1975, provides that “any person who dismisses, penalizes or otherwise discriminates against a worker by reason of him exercising of such right, shall be guilty of an offence and should be liable on summary convention before a Resident Magistrate to a fine not exceeding $500,000.” The Committee also notes that one of the objectives of the Occupational Safety and Health (OSH) Bill is “protecting workers and other persons in the workplace from discrimination” (section 3(1)(i)). It welcomes the definition of “discrimination” in section 4(1) of the Bill as “any distinction, exclusion or preference pertaining to an occupational safety and health measure which has the effect of nullifying or impairing equality of opportunity or treatment in access to training, job promotion, job processes, security of tenure, remuneration, leave entitlements, rest periods, social security and other benefits and conditions of work”. While taking note of the general prohibition on discrimination in the LRID Act, and the general protection against discrimination and the definition of “discrimination” with respect to OSH measures in the OSH Bill, the Committee recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur. It further points out that, while the Convention does not impose a strict obligation to legislate in all of the areas covered, it does require the State to review whether legislation is needed. The necessity of legislative measures to give effect to the Convention must be assessed within the framework of the national policy as a whole, having regard in particular to the other types of measures which may have been taken, and to the effectiveness of the overall action pursued, including whether there are adequate and effective means of redress and remedies (see General Survey of 2012 on the fundamental Conventions, paragraphs 735 and 743). With a view to ensuring the effectiveness of the right to non-discrimination in employment and occupation and enabling the persons concerned to avail themselves of such right, the Committee asks the Government to consider the need for specific legislative provisions : (i) defining and prohibiting direct and indirect discrimination based on at least all the grounds listed in Article 1(1)(a) of the Convention in all aspects of employment and occupation, not only in the field of OSH; and (ii) providing for complaint mechanisms, sanctions and remedies. The Government is asked to provide information on any measures taken in this regard and on the progress made in the adoption and enactment of the OSH Bill. In the meantime, the Committee asks the Government to provide information on the application in practice of Article 13(3)(g)–(i) of the Charter of Fundamental Rights and Freedoms and section 4(2)(b) of the Labour Relations and Industrial Disputes Act regarding employment and occupation, through judicial decisions, policy-making and awareness-raising.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the Bill making provision for the prevention of sexual harassment and for connected matters was tabled in the House of Representatives in July 2019 and has not been adopted yet. The Committee welcomes the Government’s indication that the Bureau of Gender Affairs (BGA) continues to provide training and awareness raising sessions on sexual harassment through training materials aimed at combating the gender stereotypes that contribute to sexual harassment in the workplace and educational institutions, and that the BGA also provides assistance to entities in creating workplace policies. The Committee notes that in February 2020 a Memorandum of Understanding (MoU) was signed to establish a partnership between the Government and the University of West Indies (UWI) Open Campus over the next three years to provide training and research on sexual harassment in the workplace and related matters. The Committee asks the Government to provide information on: (i) the progress made in the adoption and implementation of the draft policy to which it had referred in its previous report and the Bill on sexual harassment; and (ii) the specific steps taken to this end, such as awareness raising, training, the development of workplaces policies, the handling of complaints and the functioning of the sexual harassment division of the Industrial Disputes Tribunal.

Sexual orientation and gender identity. Noting that the Government has provided no reply to its previous request on the incidents of discrimination, harassment and violent attacks against lesbian, gay, bisexual and transgender persons to which the United Nations Human Rights Committee referred in its 2016 concluding observations, the Committee reiterates its request that the Government provide information on any steps taken or envisaged to address discrimination related to sexual orientation and gender identity in the context of employment and occupation.

Article 1(1)(b). HIV status. The Committee welcomes the provisions in the OSH Bill according to which “HIV-related discrimination” includes prejudice, negative attitude, abuse or maltreatment directed at persons who are living with or affected by HIV or AIDS” and discrimination against a worker on the basis of HIV status is prohibited. The Committee also welcomes the Government’s indication that the Jamaica Anti-Discrimination System (JADS) is the mechanism through which prospective cases of HIV-related discrimination and gender-based violence are reviewed and referred to the appropriate entities for assessment and redress where applicable. The Committee asks the Government to provide information on: (i) the progress made in the adoption and enactment of the Occupational Safety and Health Bill, and to transmit the text of the Bill once it has been adopted; and (ii) the measures taken to address real or perceived HIV and AIDS stigma and discrimination in the workplace, as well as on any cases brought to the JADS, in relation to discrimination on the grounds of real or perceived HIV/AIDS status in employment and occupation.

Persons with disabilities. With reference to its previous comment, the Committee notes the Government’s indication that it is still working to bring into effect the Disabilities Act 2014, and that, to this end, two codes of practice and regulations are being drafted. The Government states that, once enacted, the Act will establish the Disabilities Rights Tribunal, which will be responsible for enforcing the disabilities legislation, conducting investigations, and advising employers on how to secure equal acceptance of disabled employees in the workplace. The Disabilities Rights Tribunal will be able to issue sanctions and refer cases to the resident magistrate court. The Committee further notes, from the Government’s 2019 report on the application of the United Nations Convention on the Rights of Persons with Disabilities, that the Social and Economic Inclusion of Persons with Disabilities Project 2013–2017 was extended to 2018 and allowed for over 540 young people with disabilities to receive training (CRPD/C/JAM/1/Rev.1, 28 March 2019, paragraph 37). The Committee also notes that, in 2017, in an effort to increase equal access to education, the Jamaica Council for Persons with Disabilities offered five Margaret Moody Scholarships to young persons with disabilities to allow them to enter tertiary institutions to obtain an undergraduate diploma (paragraph 40). Finally, the Government indicated that, through the National Policy for Persons with Disabilities, a minimum of 5 per cent of all jobs in the public sector is to be reserved for persons with disabilities (paragraph 166). While welcoming this information, the Committee hopes that the Government will step up its effort to ensure that the Disabilities Act comes into effect in the near future and asks it to provide information on the implementation of the Act, in particular of Part VI which deals with employment of persons with disabilities. The Committee asks the Government to provide detailed information on: (i) the functioning of both the Jamaica Council for Persons with Disabilities and the Disabilities Rights Tribunal; (ii) any awareness-raising, training, employment promotion and policy making activities related to the application of the Convention to persons with disabilities. Noting the lack of information provided in this regard, the Committee further asks the Government to provide disaggregated statistical data on the representation of persons with disabilities in training programmes and in employment in the public and private sectors.

Articles 2 and 3. National equality policy. With reference to its previous comments on the activities of the Gender Advisory Committee (GAC), Bureau of Gender Affairs (BGA) or the Ministry of Labour and Social Security, the Committee notes the Government’s statement that, under the National Policy on Gender Equality (NPGE), public sector boards must have a minimum of 30 per cent of females as members. The Committee notes that the Government is participating in the “Win-Win: Gender Equality means Good Business” Programme which is being implemented in Latin America and the Caribbean and aims at promoting gender equality in the private sector. The Government further indicates that 16 private sector companies have committed to support the Women’s Empowerment Principles (WEPs), which aim at allowing the full and equal participation of women in society and focus on strengthening the leadership of women in business, reducing the gender pay gap, decent jobs, entrepreneurship, autonomy and economic empowerment. The Committee also notes, from the Government’s 2020 report on the application of the United Nations Convention on the Elimination of Discrimination Against Women, that the BGA is facilitating awareness-raising in schools on a range of gender-specific issues such as gender equality, female empowerment, and gender-based violence in educational institutions and in the wider society (CEDAW/C/JAM/8, 5 March 2020, paragraph 47). Welcoming this information, the Committee asks the Government to provide further information on the implementation of the National Policy on Gender Equality, the “Win-Win: Gender Equality means Good Business” Programme and the WEPs, and on the concrete results achieved with respect to the employment of women. It also asks the Government to provide further information on any action taken by the GAC, or the Ministry of Labour and Social Security to: (i) increase employment opportunities for women; (ii) increase the representation of women in decision-making positions; (iii) address occupational segregation; and (iv) improve conditions of work and the reconciliation of work and family responsibilities in the private sector and the public service. Noting that the Government has not provided any information in this regard, the Committee once again asks it to provide information on the steps taken towards the adoption and implementation of a national policy to promote equality in employment and occupation on the other grounds set out in the Convention, namely race, colour, religion, political opinion, national extraction and social origin.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee takes notes of the Government’s indication that there have been no reported cases of termination of employment on the basis of the security of the State. The Committee asks the Government to continue to provide information on the impact of the application of the Terrorism Prevention Act in the fields of employment and occupation.

Statistics. The Committee notes the statistical data provided by the Government. It notes that women’s unemployment rates have decreased between 2015 and 2019, but that they remain higher than the unemployment rates of men. The Committee asks the Government to continue providing up-to-date statistical information on the labour force and other surveys on the participation of men and women in the labour market, if possible disaggregated by sector of the economy.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legal framework and law enforcement. In its previous comments, the Committee noted the amendments made to the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 (TIP Act) to expand the definition of “exploitation” and to increase the penalties for the offence of trafficking in persons. It requested the Government to provide information on the application in practice of the provisions of the TIP Act, as amended.

The Committee notes the statistical information provided by the Government in its report on the activities of the Anti-Trafficking in Persons and Intellectual Property Vice Squad (A-TIP IP) and on the number of investigations and prosecutions carried out for the period from 2015 to 2018. According to these figures: in 2015, 17 raids and 27 investigations were launched by the A-TIP IP, four victims were identified and rescued and one conviction was secured; in 2016, 29 raids and 30 investigations were launched, five victims were identified and rescued and two convictions were secured; in 2017, 30 raids and 21 investigations were carried out, 12 victims were identified and rescued and two convictions were secured; and in 2018, 15 raids and 20 investigations were carried out, four victims were identified and rescued and two convictions were secured. The penalties imposed in the cases disposed during 2015 to 2018 included imprisonment from three to 16 years; and fines from $150,000 to $500,000, in addition to withholding of travel documents. The Committee requests the Government to continue to provide information on the application in practice of the relevant provisions of the TIP Act, 2007, as amended, including the number of investigations and prosecutions that are carried out against persons who commit the offence of trafficking in persons as well as the convictions and penalties imposed.

Prevention. The Committee notes the Government’s information concerning the various preventive measures undertaken by the National Task Force Against Trafficking in Persons (NATFATIP) through the National Plan of Action (NAP) 2015–18, including: (i) various awareness-raising initiatives and programmes on trafficking in persons; (ii) launching of the Blue Heart Campaign towards combating trafficking of persons, in partnership with the United Nations Office on Drugs and Crime (UNODC); (iii) development of a trafficking in persons curriculum for students of primary and secondary school; and (iv) development of the NATFATIP website. It also notes the Government’s information that the activities of the NAP are ongoing and will continue until 2021. The Committee requests the Government to continue to provide information on the implementation of the NAP 2018–21 as well as the Blue Heart Campaign and its impact in combatting trafficking in persons and the results achieved.

Protection and assistance to victims. The Committee notes the Government’s information that from 2015 to 2018, 11 victims of trafficking were placed either in the informal shelter, government childcare facility, or in the shelter for victims of trafficking; and five victims of trafficking were repatriated. It also notes the Government’s indication that a Victim Protection Protocol which outlines victim protection measures with emphasis on the principles of safety and well-being, non-discrimination, privacy and confidentiality, consent and reintegration was developed by the NATFATIP. The Protocol also addresses issues such as the detection and identification of victims, human rights and support services, police protection measures as well as the role of the public prosecution and immigration assistance for non-national victims. Moreover, shelter guidelines and standard operating procedures to guide officials dealing with victims of trafficking were developed. Accordingly, in 2018, 400 healthcare workers and over 30 front-line officers of the Ministry of Labour and Social Security were trained and sensitized. In addition, 80 stakeholders from various ministries, departments, agencies and non-government organizations were provided with training towards enhancing their capacity to effectively render, either directly or indirectly, the appropriate and necessary support to victims of trafficking. The Government report further provides detailed information on the specialized services and assistance accorded for victims of trafficking including: the provision of safe shelters with basic amenities such as food, clothing and transportation; the provision of primary healthcare; psychological support and counselling services; legal services; access to education; welfare assistance; and immigration and travel assistance. The Committee encourages the Government to continue taking measures to ensure that victims of trafficking are provided with appropriate protection and services and to provide information on the number of persons benefiting from these services.

Article (2)(c). Work of prisoners for private companies. In its earlier comments, the Committee referred to section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, under which no inmate may be employed in the service of, or for the private benefit of, any person, except with the authority of the Commissioner or in pursuance of special rules. The Committee noted that, under section 60(b) of the Corrections Act, as amended by the Corrections (Amendment) Act, 1995, the Minister may establish programmes under which persons serving a sentence in a correctional institution may be directed by the superintendent to undertake work in any company or organization approved by the Commissioner, subject to such provisions as may be prescribed relating to their employment, discipline and control, and such work may be within the centre or institution or outside its limits. The Committee also noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), as well as the Government’s repeated statement that, under this programme, some inmates had been working under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages. It noted that though in practice, the work carried out by prisoners for private entities in the correctional institution appeared to be in conformity with the Convention, the conditions under which such work may be permitted, such as free, informed and formal consent and a free employment relationship, do not appear to be stipulated by law. The Committee therefore requested the Government to amend the provisions of section 155(2) of the Correctional Institution (Adult Correction Centre) Rules so as to bring it into conformity with the Convention.

The Committee notes the Government’s information that the Corrections Act is in the process of being amended. The Committee expresses the firm hope that the Government will take the necessary measures, during the revision of the Correction Act, to ensure, that prisoners carrying out work for private entities as per the special rules referred to under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, do so only with their free, formal and informed consent, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. It requests the Government to provide information on any progress made in this regard.

Article 1 of the Convention. Information on national policies, laws and regulations relating to emigration and immigration. In its previous comments, the Committee requested the Government to provide information on the implementation in practice of the Caribbean Community (Free Movement of skilled persons) Act amended in 2013. In its report, the Government indicates that in accordance with the 2013 amendment: (1) the categories of Skilled Nationals who can move throughout the Caribbean Community and Common Market (CARICOM)) region for the purposes of engaging in gainful employment were enlarged from five to ten; (2) only graduates with degrees, and citizens of designated CARICOM countries that are signatory of the agreement are eligible to apply for the Certificate of Recognition; and (3) by virtue of this amendment, the fines and penalties against persons committing an offence under section 10 of the Act were increased. Further, the Committee notes that, in its second country report to the International Organization of Migration (IOM) entitled Migration in Jamaica, a country profile, 2018 (a migration profile is a country-owned tool, prepared in consultation with a broad range of stakeholders, which can be used to enhance policy coherence, evidence-based policymaking and the mainstreaming of migration into development plans), the Government indicates that a National Policy on International Migration and Development establishing the framework for migration and development management was formulated in 2017 (white paper). The Committee requests the Government to inform it of the adoption of the National Policy on International Migration and Development and to provide information on its implementation in practice. It also asks the Government to provide statistical information compiled by the institution responsible for the management of the migrant workforce, disaggregated by sex, on the number, nationality, geographical and occupational distribution of migrant workers in the country, together with statistics on the number of national men and women workers abroad.

Article 3. Misleading propaganda. Previously, the Committee encouraged the Government to take measures to record cases in which agencies have been found guilty of advertising misleading information on overseas employment, and asked the Government to provide information on the outcome of such cases for the migrant workers involved, as well as for the employment agency. It also asked the Government to continue to provide information on how the Government is cooperating with other States to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention. In its reply, the Government states that, where it is determined that misleading information has been advertised, the Employment Agencies Unit will intervene to protect workers. Where the circumstances are such that a crime is committed then the assistance of law enforcement is sought in carrying out criminal prosecutions, and aggrieved persons are also able to seek restitution through the courts. However, the Government recognizes that, employment agencies can only be prosecuted when money has been taken from the jobseeker not for fraudulent advertisements on overseas employment. The Committee notes that, in this regard, the Government indicates that it is currently reviewing the relevant legislation in order to widen its scope and apply stiffer penalties. It also notes the detailed information provided on the collaboration between the Ministry of Labour and Social Security and the representatives of the employment agencies, such as for example: the holding of regular meetings with representatives from embassies, in particular, the United States and Canadian Embassies; the elaboration of guidelines; the holding of annual sessions with employment agencies with a view to obtaining information on events that impact their work, to update them on developments that may have occurred, to consult with respect to the challenges that are being experienced, and to sensitize the employment agencies on human trafficking and how to respond in such circumstances; the monitoring of local media to identify job advertisements placed by local and overseas employment agencies; the maintenance on its website of an updated list of operating employment agencies that are licenced to operate and to provide jobs both in Jamaica and elsewhere. The Committee asks Government to continue to provide information on its close collaboration with the Employment Agencies to ensure all appropriate steps against misleading propaganda relating to emigration and immigration are taken. Please provide also information on the outcome of the current review of the relevant legislation aiming at widening its scope and applying stiffer penalties in case of misleading propaganda.

Statistics and practical application The Committee had asked the Government to continue to supply detailed statistics, disaggregated by sex and nationality, on the number of work permits requested, approved or refused in the various industries and occupations in Jamaica, and on the number of Jamaican workers seeking employment overseas. It had also requested the Government to communicate information on the relevant activities of the labour inspectorate to ensure the application of the Convention. The Government indicates that in 2015, the Ministry of Labour and Social Security approved 2,610 new work permits of which 2,146 were for men and 464 for women; in addition, 2,109 work permits were renewed and 36 were refused. In 2016, the Government received 2,847 new work permit applications and 2,273 renewal work permit applications. In 2017, the Government received 2,741 new work permit applications and 2,025 renewal work permit applications. With respect to the number of Jamaican workers seeking employment overseas, the Government informs that in 2017: 5,432 Jamaican men and 843 Jamaican women were employed on contract in the United States of America, and 8,595 Jamaican men and 731 women were employed on contract in Canada. The Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 2017, recommends that the country ensure that the Statistical Institute of Jamaica collects comprehensive data covering all aspects of the Convention, including on migrant workers in the state party, in particular those in an irregular situation and nationals working abroad, and encourages the country to compile information and statistics disaggregated by sex, age, nationality, reason for entry and departure from the country and type of work performed, in order to effectively evaluate the impact of relevant policies (CMW/C/JAM/CO/1, 23 May 2017, paragraph 23). In that respect, the Committee notes that one of the main recommendations mentioned in the country report to the IOM mentioned above is to improve migration statistics, in particular in disaggregated form, as the availability of timely, reliable and accurate data is a prerequisite for evidence-based policy and its effective implementation. The Committee asks the Government to provide information on the follow-up given to the recommended actions and strategies to improve migration data listed in its 2018 report to the IOM. With respect to strengthening the national system of statistics on international migration, the Committee refers the Government to the Guidelines concerning statistics of international migration (ICLS/20/2018/Guidelines) adopted by the 20th International Conference of Labour Statisticians in October 2018, for consideration and guidance.

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to the following provisions of the Jamaica Shipping Act, 1998, under which certain disciplinary offences are punishable with imprisonment (involving an obligation to perform labour under the Prisons Law):

-section 178(1)(b), (c) and (e), which provides for penalties of imprisonment, inter alia, for wilful disobedience or neglect of duty or combining with any of the crews to impede the progress of the voyage; an exemption from this liability applies only to seafarers participating in a lawful strike after the ship has arrived and has been secured in good safety to the satisfaction of the master at a port, and only at a port in Jamaica (section 178(2)); and
-section 179(a) and (b), which punishes, with similar penalties, the offences of desertion and absence without leave.

The Committee recalled, referring to paragraphs 179–181 of its 2007 General Survey on eradication of forced labour, that provisions under which penalties of imprisonment (involving an obligation to perform labour) may be imposed for desertion, absence without leave or disobedience, are not in conformity with the Convention. In this regard, the Committee noted the Government’s indication that the shipping industry of Jamaica and the country as a whole do not use any forms of forced or compulsory labour, including as a means of labour discipline. Moreover, the disciplinary procedures of the Shipping Association of Jamaica are circumscribed by the Joint Labour Agreement between the Shipping Company and the Unions that represent workers in the Bargaining unit, such as the Bustamante Industrial Trade Union, the Trade Union Congress and the United Port Workers and Seamen’s Union. The Government further stated that during the period of review, no decisions had been made by the court of law or other tribunals in relation to the above provisions of the Shipping Act. The Committee urged the Government to take the necessary measures to ensure the adoption of the amendments of the Shipping Act so as to bring the legislation into line with the Convention.

The Committee notes the Government’s information in its report that the Policy Unit of the Ministry of Transport and Mining is in the process of preparing a draft Cabinet Submission for seeking Cabinet’s approval to amend the provisions of the Shipping Act of 1998 that are in breach of the provisions of the Convention. Referring to paragraph 312 of its General Survey of 2012 on fundamental Conventions, the Committee once again recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Noting that the above provisions of the Shipping Act have been the subject of comments since 2002, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments of the Shipping Act are adopted without any further delay so as to bring the legislation into line with the Convention. It requests the Government to provide information on the progress made in this regard.

Parts I and II of the Convention. Improvement of standards of living. In its 2013 and 2018 comments, the Committee requested the Government to provide updated information on how effect is given to Article 2 of the Convention, so that the improvement of living standards is considered as “the principal objective in the planning of economic development”. The Committee also requested information on the measures taken to promote cooperatives and improve the living standards for workers in the informal economy (Articles 4(e) and 5 of the Convention). In its report, the Government affirms its continued commitment to programmes that support a stable macroeconomic environment which facilitates the economic growth required for sustainable and inclusive development. The Government indicates that this commitment is expressed through: the development of projects and programmes providing training and apprenticeship opportunities for young persons; the creation of an investment-friendly environment in areas consistent with its growth policy; and the institution of mechanisms aimed at disrupting criminal networks and protecting Jamaica’s borders. The Committee notes the measures taken by the Government to improve the standards of living of workers in both the formal and informal economies. In this respect, the Government refers to Vision 2030 Jamaica – National Development Plan (2009) as the guiding social and economic policy framework for the country, which places people at the core of development. The Vision 2030 plan refers to: development of a Social Protection Strategy in 2014 aimed at enhancing social security for the population; the definition of the key elements of a social protection floor to ensure the provision of basic income security and basic social services for all citizens, particularly for people in vulnerable situations; and the development and approval in 2017 of a revised National Policy on Poverty and accompanying National Poverty Reduction Programme. The Government highlights that key tenets of its poverty reduction and social protection strategies include building resilient livelihoods and the extension of social security provisions to persons in the informal economy as well as to workers in non-formal employment relationships. Additional measures include the establishment of a National Social Protection Committee in 2014 and the National Poverty Reduction Programme Committee in 2018, to facilitate multi-sectoral collaboration and partnerships through provision of policy advice and coordination, the approval in 2017 of an International Migration and Development Policy, which addresses a range of labour and social security issues relevant to migrant workers; and the approval of a revised National Policy for Senior Citizens as a Green Paper in 2018, which offers strategies for participation, social inclusion, active ageing and improved standards of living to older people and their families. Noting that the Government does not provide information on measures taken to promote cooperatives, the Committee reiterates its request that the Government provide detailed information on measures taken to encourage and assist producers’ and consumers’ cooperatives (Article 4(e)). The Committee further requests the Government to provide detailed updated information, including disaggregated statistical data and copies or extracts of studies or legislative texts, on the impact of the measures taken by the Government to give effect to Article 2 of the Convention, in particular of the Vision 2030 Jamaica –National Development Plan. With respect to Article 3 of the Convention, the Committee requests the Government to indicate the measures taken to study the causes and effects of migratory movements which may cause disruption of family life and other traditional social units and to control those movements.

Part IV. Article 11. Remuneration of workers. Protection of wages. The Committee once again recalls that, for some years, it has been requesting the Government to provide information on measures taken or envisaged to give effect to Article 11 of the Convention, in particular Article 11(8). The Government reiterates that it has not adopted legislation directly aiming to ensure the proper payment of all wages earned, as required by Article 11(1) of the Convention, but that section 11 of the Minimum Wage Act requires employers to maintain records demonstrating their compliance with minimum wage provisions. The Government refers to section 16(1) of the Employment (Termination and Redundancy Payments) Act, which requires employers to keep records in relation to each of their employees. The Committee notes that this Act relates to redundancy payments and not to wages, and does not give effect to the provisions of Article 11. With respect to compliance, the Government indicates that the Pay and Conditions of Employment Bureau (PCEB) of the Ministry of Labour and Social Security is mandated to carry out routine and random inspections in business establishments, and joint (inter-agency) inspections are also carried out. The Committee notes that public employers are required to maintain payroll registers for purposes of calculating monthly remuneration of employees (section 5.13.1.5 as regulated by the Financial Administration and Audit Act, Financial Instructions, Version 1, of 1 January 2017, governing payroll disbursements and allowances). The Committee notes that the Government has not provided information on the manner in which it is ensured that employers issue statements of wage payments to workers which reflect not only the minimum wage, but all wages earned by their employees. Nor has the Government provided information on the measures taken to give effect to Article 11(8), by requiring workers to be informed of their wage rights and to prevent any unauthorized deductions from wages. The Committee therefore once again requests the Government to provide specific information in its next report on the measures taken to facilitate the supervision necessary to ensure the proper payment of all wages earned, and the keeping by employers of registers to ensure the issue to workers of statements of their wage payments (Article 11), as well as to provide information on the outcomes of inspections. The Committee also reiterates its request that the Government provide specific information on the policies, practices or any other measures adopted indicating, where appropriate, the relevant provisions of legislation and administrative regulations which ensure the proper payment of all wages earned, as provided under each of the subparagraphs of Article 11 of the Convention for both public and private sector employment.

Article 12. Advances on wages. For a number of years, the Committee has been requesting the Government to supply information on measures taken or contemplated to regulate advances on wages, as required under Article 12 of the Convention. The Government once again indicates that there is no legislation regulating advances on wages, except in the public service, where the Financial Administration and Audit Act, Financial Instructions, Version 1, of 1 January 2017 regulates advances on wages. The Committee requests the Government to indicate in its next report the measures taken or contemplated to regulate the advances on wages for workers in the private sector, in accordance with Article 12 of the Convention. Please also indicate the measures taken by the competent authority to make legally irrecoverable any advance in excess of the amount laid down by the competent authority and to prevent such an advance from being recovered by withholding amounts of pay due to workers at a later date.

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that the draft list of types of hazardous work prohibited for persons below 18 years of age which was developed in consultation with the social partners would be included in the regulations of the new Occupational Safety and Health Act (OSH Act). It also noted the Government’s indication that, pending the adoption of the OSH Act, improvements were being made to this list to make it more comprehensive. The Committee urged the Government to take the necessary measures to ensure the adoption of this list of hazardous work prohibited to children.

The Committee notes the Government’s information in its report that the National Steering Committee on Child Labour has finalized the Hazardous Work List in April 2019 and that it is in the final stage of getting appended to the Child Care and Protection Act (CCPA) as well as to the OSH Bill which is currently being considered by a Joint Select Committee of the Houses of Parliament. Noting that the Government has been referring to the compilation and adoption of this list since 2006, the Committee urges the Government to take the necessary measures to ensure the adoption, without delay, of the list of types of hazardous work prohibited for persons under 18 years of age, either with the CCPA or OSH Bill. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that section 34(1) and (2) of the CCPA permits the employment of a child between 13 and 15 years of age in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations of the new OSH Act.

The Committee notes the Government’s indication that the Light Work List has been finalized through consultations with the members of the National Steering Committee on Child Labour and that amendments to the respective legislation to which it shall be appended will be completed at the soonest possible time. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure the adoption of the list of light work activities permitted for children between 13 and 15 years of age. It requests the Government to provide information on any progress made in this regard and to provide a copy once it has been adopted.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. It noted the Government’s indication that the CCPA was being reviewed and would include provisions prescribing employers to keep records of children employed for artistic performances and requiring a person employing a child to notify and provide the Child Labour Unit of the Ministry of Labour and Social Security with relevant details in order to receive the grant of an exemption permit.

The Government states that the CCPA is being amended to include provisions in accordance with Article 9(3) of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments to the CCPA will include provisions prescribing registers to be kept by employers hiring children under 18 years of age, in accordance with Article 9(3) of the Convention, and that it will be adopted without delay. It requests the Government to provide information on any progress made in this regard, and to provide a copy once it has been adopted.

Labour inspection and the application of the Convention in practice. The Committee previously noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. It also noted the Government’s information that in the framework of the adoption of the new OSH Act, capacity-building workshops had been conducted for labour inspectors in order to provide an update on their new roles and responsibilities under the new Act. It noted however that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor child labour in the informal economy. The Committee urged the Government to ensure the adoption of the draft OSH Act and to continue to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate to informal economy.

The Committee notes the Government’s information that the Ministry of Labour and Social Security continues to provide training, workshops and sensitization sessions aimed at preparing labour inspectors to carry out their functions under the impending OSH Act. The Committee however notes from an ILO publication entitled Child labour and the Youth Decent Work Deficit in Jamaica, 2018, that expanding the Government’s actual capacity to monitor formal workplaces remains a major challenge, and unregistered businesses in the informal economy are largely outside the formal inspection regime. The Committee notes that according to the report of the Jamaican National Youth Activity Survey, 2016, 5.8 per cent of children (38,000) between the ages of 5 and 17 years are engaged in child labour. Among these, 68.6 per cent of children (26,000) are involved in hazardous work. A vast majority of children are employed in private households (50.1 per cent), followed by wholesale and retail (20.7 per cent), and the agriculture and fishing sectors (17.4 per cent). The Committee notes with concern that a significant number of children are engaged in child labour, including in hazardous work. The Committee accordingly urges the Government to intensify its efforts to ensure the effective elimination of child labour, particularly in the informal economy and in hazardous conditions. In this regard, it strongly encourages the Government to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including through the allocation of additional resources, in monitoring child labour in the informal economy. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved.

The Committee expresses the hope that the Government will continue to take into consideration the Committee’s comments while revising the CCPA and the OSH Act. It further expresses the firm hope that the revised legislations will be adopted without delay.

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.

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.

Comments adopted by the CEACR: Jamaica

Adopted by the CEACR in 2022

C098 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

C189 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C149 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Jamaica

Display the list by:

Adopted by the CEACR in 2022

C098 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

C189 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C149 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)