Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

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

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

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

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

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

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

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

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

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

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

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