Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Bahamas (Ratification: 2001)

Articles 3(a) and 5 of the Convention. Sale and trafficking of children. Monitoring mechanisms. The Committee previously noted the provisions of the Trafficking in Persons (Prevention and Suppression) Act of 2008 (Trafficking in Persons Act) which provides that the trafficking of children under the age of 18 years for exploitation (which includes commercial sexual exploitation, forced labour, practices similar to slavery and servitude (section 2)), constitutes an aggravating circumstance giving rise to imprisonment for up to ten years (sections 3(4) and 8(1)(c)). It also noted from the Report of the Special Rapporteur of the United Nations Human Rights Council on trafficking in persons, especially women and children that girls, mainly from the Dominican Republic, Jamaica and Haiti are trafficked to the Bahamas for commercial sexual exploitation. Moreover, the Committee previously noted that the Committee on the Elimination of All forms of Discrimination Against Women (CEDAW) expressed concern at the absence of effective implementation of the Trafficking in Persons Act and the absence of cases brought before the court since the Act came into force. The Committee further noted that the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the Royal Bahamas Police Force (RBPF) are the bodies responsible for coordinating and implementing the activities aimed at preventing trafficking in persons, including identification of victims of trafficking, investigation of cases and prosecution of alleged traffickers. The Committee requested the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act and to provide information on its application in practice. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of the provisions of the Trafficking in Persons Act prohibiting the trafficking of children under the age of 18 years for sexual and labour exploitation. It also requests the Government to provide statistical information on the number of cases of trafficking of children identified by the Trafficking in Persons Inter-Ministry Committee, the National Task Force and the RBPF as well as the investigations carried out, prosecutions and convictions made, and penalties applied with regard to the trafficking of children under the age of 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Dangerous Drugs Act of 2000 does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes that the Dangerous Drugs Act makes it an offence to cultivate, manufacture, import, export, trade, or supply any dangerous drugs (sections 3–12) and to supply dangerous drugs to a child or young person (section 22(4)). It also notes that according to section 29(5), any person who attempts to commit an offence against this Act or solicits or incites another person to commit any of the offences shall be punished.

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

Article 6. Programmes of action. National action plan to combat trafficking in persons. The Committee previously noted that a national action plan to combat trafficking in persons which is focused on prevention and assistance was being finalized. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the adoption and implementation of the national action plan to combat trafficking in persons as well as its impact on the elimination of the trafficking of children under the age of 18 years for labour or sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s detailed information on the goals and focus of the Investing in Students and Programmes for the Innovative Reform of Education (INSPIRE) programme. Accordingly, INSPIRE aims to implement targeted innovations that address the educational needs of Bahamian youth, including: (i) a relevant education and training system articulated at the secondary and post-secondary levels; (ii) improved quality and access to early education; and (iii) strengthened capacity in schools to accommodate children with special needs. The Committee notes with interest the Government’s indication that these innovations are expected to benefit on an annual basis approximately 38,000 secondary and post-secondary students, 12,000 preschoolers as well as several thousand students with special needs. The Committee requests the Government to continue to provide information on the implementation of the INSPIRE programme, and the results achieved in terms of the number of children who have benefited from this programme, the increase in the school enrolment rates at primary and secondary level and the possible achievement of universal education.

Clause (d). Children at special risk. Child sex tourism. The Committee previously noted that children who are engaged in certain activities related to tourism are at risk of being involved in the worst forms of child labour, such as commercial sexual exploitation. It also noted that CEDAW, in its concluding observations, expressed concern at the number of children involved in prostitution and child pornography and the lack of awareness-raising activities among the actors directly related to the tourism industry in relation to children, and particularly girls, engaged in certain activities related to tourism who are at risk of becoming involved in commercial sexual exploitation (CEDAW/C/BHS/CO/1-5, paragraph 25(c)). The Committee requested the Government to take effective and time-bound measures to protect children, particularly girls, from becoming victims of commercial sexual exploitation in the tourism sector.

The Committee notes the absence of information in the Government’s report on this matter. The Committee notes, however, that according to the ILO publication entitled “Child Labour in the Bahamas – Key Findings from the Rapid Assessment, 2016” girls above 13 years are often instigated to the sex trade by caretakers and that boys from 12 years are increasingly involved in child prostitution. The Committee therefore urges the Government to take effective and time-bound measures to protect children under the age of 18 years from becoming victims of commercial sexual exploitation in the tourism sector. It also requests the Government to take measures to raise the awareness of the actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, associations of taxi drivers, as well as owners of bars and restaurants and their employees, on the subject of commercial sexual exploitation. The Committee requests the Government to provide information on the measures taken in this regard and the results achieved.

Haitian migrant children. The Committee previously observed that there are special groups of children who are at greater risk of being engaged in the worst forms of child labour and of being victims of exploitation, such as children from Haitian families headed by a single female who is poor, children from families with parents who are HIV positive or have AIDS and children from poor Bahamian families. It also noted from the Report of the Special Rapporteur of the United Nations Human Rights Council on trafficking in persons, especially women and children of 5 June 2014, that Haitian children working as domestic servants are vulnerable to exploitative work conditions. The Committee requested the Government to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee notes the Government’s statement that there are no Haitian children working as domestic servants in the Bahamas. It further states that the Bahamas aims to protect all children and that no child is denied opportunity to education. In this regard, the Committee notes the information available from the International Organization for Migration (IOM) that the Haitian nationals present in the Bahamas range roughly from 30,000 to 60,000 and that the majority of them are children up to the age of 14 years who apparently travel with a relative or parent. The information from the IOM further indicates that Haitian migrants largely remain a distinct and separate community generally living in poorer conditions. In this regard, the Committee recalls that migrant children are particularly vulnerable to the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures taken to ensure the protection of Haitian migrant children from the worst forms of child labour, including the measures guaranteeing their access to free basic education.