Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre la edad mínima, 1973 (núm. 138) - Trinidad y Tabago (Ratificación : 2004)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy. The Committee notes the Government’s information that, in August 2004, a National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC) was established. The NSC was given the responsibility to coordinate national efforts to address the problem of child labour in the country. Since its establishment, the NSC’s achievements and activities have been:

(i)    the development of a National Policy for the Prevention and Elimination of Child Labour in Trinidad and Tobago;

(ii)    monitoring the implementation of the ILO/IPEC project of 2004–05 for the removal and rehabilitation of child labourers in the Beetham and Forres Park landfill sites;

(iii)   the establishment of a Register of Children’s Services;

(iv)   the drafting of a National Policy and Plan of Action Against Child Labour in Trinidad and Tobago;

(v)   the hosting of activities in observance of World Day Against Child Labour, 2005, under the auspices of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED).

The Committee requests the Government to provide copies of the National Policy for the Prevention and Elimination of Child Labour in Trinidad and Tobago, as well as of the National Policy and Plan of Action Against Child Labour in Trinidad and Tobago. It encourages the Government to continue its efforts to combat child labour and requests it to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and results attained.

Article 2, paragraph 2. Minimum age for admission to employment. The Committee notes that, at the time of ratifying the Convention, Trinidad and Tobago specified 16 years as the minimum age for admission to employment or work. It notes that, by virtue of section 2(1) of the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act of 2007 (Act No. 3 of 2007), a person under the age of 16 shall not be admitted to employment. It notes that, according to section 2(2) of Act No. 3 of 2007, section 2(1) applies for the purposes of any rule of law and, in the absence of a definition or of any indication of a contrary intention, for the construction of “child”, “young person” and similar expressions in any other written law, whether passed or made before, on or after the date on which Act No. 3 of 2007 was enacted. Furthermore, it notes that sections 3, 4 and 6 of Act No. 3 of 2007 explicitly amend the Factories Ordinance of 1948 (Factories Ordinance), Children’s Act of 1925 (Children’s Act) and Shipping Act of 1987 to set the minimum age of employment at 16 years as well. The Committee notes, however, that the Factories Ordinance was expressly repealed by section 98(1) of the Occupational Safety and Health Act of 2004 (OSHA). The Committee requests the Government to indicate, in its next report, whether or not the Factories Ordinance is still in force.

Article 2, paragraph 3. Age of compulsory schooling. The Committee notes that section 76(1) of the Education Act of 1966 defines the compulsory school age as “any age between six and twelve years and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of six years and has not attained the age of twelve years, and a person shall be deemed to be over compulsory school age as soon as he has attained the age of twelve years”. It notes, however, that according to the information available on the official Government web site (www.gov.tt), any child from age 12 to 18 can be enrolled in secondary school, and enrolment is, in fact, compulsory for children 16 years of age and younger. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (16 years for Trinidad and Tobago) is not less than the age of completion of compulsory schooling (12 years). The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young people are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore expresses the hope that the age of compulsory schooling has been raised from 12 to 16 years and requests the Government to indicate if it has. In the affirmative, the Committee requests the Government to indicate the legislative provisions by virtue of which the age of compulsory schooling has been raised and to supply a copy of these provisions.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, according to the information provided by the Government in its report for the Worst Forms of Child Labour Convention, 1999 (No. 182), a National Seminar on Hazardous Occupations and Children was held jointly by the ILO Subregional Office for the Caribbean and the MOLMED in October 2004. The Employers’ Consultative Association of Trinidad and Tobago, which is the most representative employers’ association, and the National Trade Union Centre for Trinidad and Tobago, which is the most representative trade union organization, participated in the seminar. Based on the guidelines and framework provided by the seminar, the Factory Inspectorate Unit of the MOLMED is currently developing a list of occupations deemed hazardous to children. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee expresses the hope that it will be adopted in the very near future and requests the Government to send a copy of the list once it has been adopted.

Article 3, paragraph 3. Admission of young persons to types of hazardous work from the age of 16 years. The Committee notes that young people between 16 and 18 years of age are permitted to work in some types of hazardous work under certain conditions, such as: working on dangerous machines (section 22 of the OSHA), lifting and carrying loads (section 32 of the Factories Ordinance), and night work in the manufacture of raw sugar or any other undertaking which may be declared to come under the exception of this section by Order of the President (section 90(2) of the Children’s Act). By virtue of section 22 of the OSHA, young people between 16 and 18 years may work on dangerous machines if they have been fully instructed as to the dangers arising in connection with the machine’s operation and the precautions to be observed, and if they have received sufficient training to work on the machine, or if they are under adequate supervision by a person who has special knowledge and experience in the operation of the machine. The Committee observes that section 90(2) of the Children’s Act and section 32 of the Factories Ordinance authorize types of hazardous work for young people between 16 and 18 years of age with no conditions to ensure their health and safety. The Committee recalls that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young people between 16 and 18 years of age, on condition that the health, safety and morals of the young people concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary measures to fully ensure the health, safety and morals of young people between 16 and 18 years of age engaged in the abovementioned types of hazardous work and to ensure that they have received adequate specific instruction or vocational training in the relevant branch of activity, in conformity with Article 3, paragraph 3 of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes that, according to section 91(1) of the Children Act of 1925, as amended by Act No. 3 of 2007, children under 16 years of age may be employed in an undertaking in which only members of their family are employed. The Committee reminds the Government that Article 4, paragraph 1, of the Convention allows the competent authority to not apply the Convention to limited categories of employment of work in respect of which special and substantial problems of application would arise. It further recalls that under Article 4, paragraph 2, of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion. The Committee therefore requests the Government to state whether it intends to exclude children working in an undertaking in which only members of the their family are employed from the application of the Convention and, if so, to give the reasons.

Article 6. Apprenticeship and vocational training. The Committee notes that section 91(2)(a) of the Children’s Act permits a child or young person to undertake general vocational or technical education in schools or other training institutions. Section 91(2)(b) of the Act permits a child who is at least 14 years of age to work in undertakings, if it is carried out in accordance with the conditions prescribed by the Minister of Education after consultation with the social partners and if the work is an integral part of a course of education or training for which a school is primarily responsible, a programme of training which has been approved by the Minister of Education or a programme of guidance or orientation designed to facilitate the choice of an occupation in a line of training.

Article 7. Light work. The Committee notes that section 6 of the Recruiting of Workers Regulations concerning the employment of juveniles provides that “no juvenile between the ages of fourteen and eighteen shall be recruited except with the consent of his parents or guardian and provided the conditions of employment are stated in writing and approved by the Magistrate of the district in which he is recruited or to be employed and the Magistrate must satisfy himself that the work is suitable and that the welfare of the juvenile is sufficiently safeguarded”. However, it appears that section 2(2) of Act No. 3 of 2007 amends the Recruiting of Workers Regulations so as to raise the age of 14 years to that of 16 years. If that is not the case, the Committee reminds the Government that, by virtue of Article 7, paragraphs 1 and 3, of the Convention, national laws or regulations may permit the employment or work of people from 13 to 16 years of age on light work which is not likely to be harmful to their health or development and not so as to prejudice their attendance at school or participation in vocational training. According to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to indicate if section 6 of the Recruiting of Workers Regulations was amended by the Minimum Age Act so as to raise the minimum age from 14 to 16 years. Conversely, the Committee requests the Government to indicate what criteria apply to the approval by the magistrate of the conditions of employment or work of young people from 14 to 16 years of age. Furthermore, it requests the Government to specify whether these conditions prescribe the number of hours during which and the conditions in which such employment or work may be undertaken, in line with Article 7, paragraph 3, of the Convention.

Article 8. Artistic performances. The Committee notes the Government’s information that no consultation has been undertaken with regard to regulating artistic performances which may be performed by children. It draws the Government’s attention to Article 8 of the Convention which states that the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for the purpose of participating in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether, in practice, children under 16 years can participate in artistic performances and, if so, to provide information on provisions which determine conditions of such work.

Article 9, paragraph 1.  Penalties. The Committee notes that section 91(1) of the Children’s Act, as amended by Act No. 3 of 2007, provides that any person who employs a child under the age of 16 years or permits them to work in contravention of this section is guilty of an offence. Section 94 of the Children’s Act provides that a parent or guardian who conduces to the employment of a child under the age of 16 years through wilful default, or by habitually neglecting to exercise due care, is guilty of an offence. Finally, the Committee notes that, by virtue of section 96 of the Children’s Act, a person who commits these offences is liable upon conviction to a fine of US$12,000 and to imprisonment for 12 months.

Article 9, paragraph 3. Keeping of registers. The Committee notes that, by virtue of section 92(1) of the Children’s Act, employers must maintain a register of every person under the age of 18 years employed by them, as well as the name, address and date of birth of every young worker. By virtue of section 92(2) of the Children’s Act, these registers must be produced for inspection on request by an inspector of the Ministry of Labour at any reasonable hour of any working day. Finally, section 92(3) of the Children’s Act provides that any employer who fails to comply with section 92 is liable to a fine of US$2,500 and to imprisonment for six months.

Part III of the report form. Labour inspectorate. The Committee notes that sections 92A and 92B of the Children’s Act provide that the Minister of Labour may designate in writing a suitably qualified public officer as an inspector in his Ministry and such an inspector will have the authority to enforce the provisions related to the employment of a person under the age of 18. According to section 92B(1) of the Children’s Act, an inspector may, at any reasonable time, with the permission of the owner or occupier of the premises, enter the premises where a person under the age of 18 years is employed or where there is any book, record or other document relating to a person under the age of 18 years which may afford evidence as to the contravention of any provision of the Act. The Committee requests the Government to provide information on the activities carried out by the labour inspectorate with regard to the employment of minors, including extracts of inspection reports and information on the nature and extent of violations detected involving the employment of children and young people.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the ILO/IPEC Rapid Assessment Study conducted in 2002 to highlight the working conditions of child labourers in Trinidad and Tobago, the age profile of the 25 children interviewed in Tobago showed that 28 per cent were between ages 10 and 13, and 68 per cent were between 14 and 17. The Rapid Assessment Study also revealed that children as young as 7 years of age were involved in the worst forms of child labour, suggesting that the range of working children working in Tobago was 7 to 17 years. The Study showed that the findings in Trinidad were essentially the same. However, the Committee shares the Committee on the Rights of the Child’s concern, in its concluding observations of 17 March 2006, at the absence of comprehensive and updated statistical data and the lack of an adequate data collection system with respect to the situation of children in Trinidad and Tobago, including child labour (CRC/C/TTO/CO/2, paragraph 20). The Committee notes the information provided by the Government in its report for the Worst Forms of Child Labour Convention, 1999 (No. 182), that a national survey on youth activity was planned for implementation in 2006 which is expected to provide some of the critical data that is currently lacking. The Committee requests the Government to provide a copy of the youth activity survey as soon as it has been realized, as well as more up to date information on the manner in which the Convention is applied, including statistical data on the employment of children and young people, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young people.