Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Jamaica (Ratification: 2003)

The Committee notes the Government’s first report. It notes with interest that the Government enacted the Child Care and Protection Act in March 2004. The Committee requests the Government to provide further information on the following points.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Jamaica declared 15 years as the minimum age for admission to employment or work within its territory and on means of transport registered in its territory. The Committee also notes the Government’s information that section 33 of the Child Care and Protection Act of 2004, hereinafter CCPA, prohibits the employment of children under 13 years and section 34 provides that no person shall employ a child who has attained the age of 13 years but is still under 15 years of age in the performance of any work other than light work as considered appropriate by the Minister of Labour. The Committee requests the Government to provide an integral copy of the CCPA.

Article 2, paragraph 3. Compulsory education. The Committee notes that, according to section 20 of the Education Act of 1965, as amended in 1980, the Minister may by order declare: (a) any area within a radius of three miles from any school specified in such order to be a compulsory education area; and (b) the compulsory school age in relation to such compulsory education area. In addition, section 21 provides that it shall be the duty of the parent of every child of compulsory school age residing in a compulsory education area to cause him to receive full time education suitable to his age and ability. The Committee notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/8/Add.12; paragraph 17), the minimum school leaving age declared by the Minister under the Education Act is 14 years. It also notes that, according to the abovementioned report, it is difficult to implement compulsory education, due to the inefficiency of the enforcement system. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (15 years for Jamaica) is not less than the age of completion of compulsory schooling. 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 persons 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. In this regard, the Committee hopes that the Government will indicate any new developments on this point.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that section 34(3) of the CCPA states that: "no person shall employ a child: (a) 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; or (b) in night work or an industrial undertaking". The Committee notes that no definition of "child" is contained in the available text. In this regard, the Committee recalls that, by virtue of Article 3, paragraph 1, the minimum age for admission to any type of work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee asks the Government to provide the definition of a "child" under the CCPA.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include specific provisions prohibiting the employment of children in a few specific hazardous types of work. However, it notes that the national legislation does not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young people below 18 years of age. Therefore, the Committee reminds the Government that under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organization of employers and workers concerned. The Committee therefore requests the Government to provide information regarding progress made towards the adoption of a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. The Committee also requests the Government to provide a copy of this list, once it has been approved and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee takes note of the Government’s statement that the relevant discussion are to be initiated at the level of the Labour Advisory Council. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4, paragraph 2, each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to provide information on the results of the discussions within the Labour Advisory Council as soon as they have been adopted.

Article 6. Vocational training and apprenticeship. The Committee notes that the Government’s report contains no information on the system of vocational training and apprenticeship. However, it notes that section 38 of the CCPA states that sections 33 (minimum age) and 34 (light work) do not apply to "the performance of work by any child … (b) as part of that child’s instruction in any school, if such labour or work is not 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 notes that section 49(2) of the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968, prohibits the employment of persons under the age of 18 to give signals to the operator of any lifting appliance driven by mechanical power or to operate any such appliance, except under the direct supervision of a competent person for the purpose of training. It further notes that, by virtue of section 130 of the Shipping Act, 1999, the Minister may make regulations providing for "apprenticeship to sea service". The Committee notes that, under these provisions it is not clear what is the minimum age for apprenticeship. The Committee reminds the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee asks the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. Furthermore, the Committee requests the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

Article 7. Light work. The Committee notes that section 34(1) of the CCPA provides that no person shall employ a child who has attained the age of 13 years but is still under 15 years of age in the performance of any work other than in an occupation included in the list referred to in section 34(2). Section 34(2) states that, for the purposes of section 34(1), the Minister shall maintain a list of prescribed occupations: (a) consisting of such light work as the Minister responsible for Labour considers appropriate for the employment of any children of the age referred to in section 34(1); (b) specifying the number of hours during which and the conditions under which such children may be so employed. The Committee reminds the Government that, under the terms of Article 7, paragraph 1, of the Convention, national laws and regulations may permit the employment of persons between 13 and 15 years of age on light work on condition that this work is not likely to be harmful to their health and development and that is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes adopted by the competent authority, or their capacity to benefit from the instruction received. The Committee requests the Government to provide a copy of the list of the prescribed occupations constituting light work pursuant to subsection (2) of section 34 of the CCPA.

Article 8. Artistic performances. The Committee notes the Government’s statement that this provision has not been utilized. However, it notes that, according to section 35 of the CCPA, the Minister of Labour may, on the advice of the Council, issue a permit to a child in order to enable that child to be employed for the purpose of participating in artistic performances and such permit shall specify the number of hours during which, and the conditions under which, the child may be so employed. The Committee requests the Government to provide information on all legislative provisions, including regulations, concerning the granting by the Minister of individual permits for the participation of children below the general minimum age in artistic performances, and conditions and control linked to such permits.

Article 9, paragraph 1. Penalties. The Committee notes the Government’s information that this provision is to be covered under the new Occupational Health and Safety Act, where labour inspectors will be authorized to enforce the appropriate sanctions in case of a breach being committed. The Committee also notes that the CCPA (section 39), the Factories Act (section 22), and the Education Act (section 21(5)) impose penalties of fines or imprisonment in case of violations of the provisions regarding child labour (minimum age, light work, hazardous work) and compulsory education. The Committee requests the Government to provide information on the effective manner in which these provisions are enforced and the penalties applied. It also asks the Government to provide information on the penalties applied under the new Occupational Health and Safety Act and to provide a copy of this text as soon as it has been approved.

Article 9, paragraph 3. Keeping of registers. The Committee notes that the available texts of legislation have no provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer and which must contain the names and ages or dates of birth duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention.

Part III of the report form. The Committee notes that section 23 of the Education Act enables the Attendance Officers to make inspections in order to verify whether section 21 (compulsory education) and section 22 (school attendance orders) are being complied with. The Committee also notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/8/Add.12; paragraphs 17, 69, 70) that monitoring attendance was unsuccessful because penalties were never enforced. The Committee notes that, by virtue of section 3 of the Labour Officers (Powers) Act of 1943, a Labour Officer may at all reasonable times enter upon any premises for the purpose of carrying out any inspection in order to ensure the proper observance of any enactment. It also notes the information contained in the ILO/IPEC Project Report of 2004 that the OSH will replace the Factories Act providing an improved framework for the Labour Inspectors with the scope of monitoring and taking legal action against incidents of child labour in sections where they hitherto had limited powers, including the informal sector. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and on any other mechanism established under the relevant legislation. It also asks the Government to provide information on the inspections made under the new Occupational Health and Safety Act, especially with regard to inspections in the informal sector.

Part V of the report form. The Committee notes that, according to the National Poverty Eradication Programme Report - a National Feedback Seminar on the national survey on child labour - working children were found in the distributive trade and service industries and a significant percentage of 26.6 per cent worked in agriculture, forestry and fishing. It requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.