Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Jamaïque (Ratification: 2003)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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