Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Bahamas (Ratification: 2001)

The Committee takes note of the Government’s report. It takes due note of the adoption of the Child Protection Act 2007. The Committee hopes that the Act will come into force soon and requests the Government to provide information on progress made in this regard.

Article 1 of the Convention. National policy. The Committee notes that according to a study entitled “Review of Child Labour Laws of the Bahamas – a Guide to Legislative Reform”, carried out in June 2005 within the framework of the ILO and the Canadian International Development Agency (CIDA) Regional Child Labour Project, although the Bahamas has sound national policies in areas connected with child labour, such as education, welfare, social security and labour administration, there is no coherent explicit policy on child labour. However, the Ministry of Labour and Immigration has recently established a national committee on child labour whose task is to make recommendations for a policy on child labour. The Committee hopes that a national policy on child labour will be elaborated soon and requests the Government to provide information on any progress made to this end.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee had noted that section 50(1) of the Employment Act 2001, provides that a child (any person under the age of 14 years) shall not be employed in any undertaking except as expressly provided in the First Schedule. It had requested the Government to provide information on the manner in which children working outside an employment relationship in an undertaking are guaranteed the protection afforded by the Convention. The Committee notes that, according to the ILO and the CIDA Regional Child Labour Project study, children were found working in a variety of activities that were suggestive of child labour. Most cases were associated, among others, with the informal sector. The Committee recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. It requests the Government to indicate the measures taken or envisaged to ensure that children working outside an employment relationship are guaranteed the protection afforded by the Convention.

Article 2, paragraphs 2 and 3. Raising the minimum age for admission to employment or work and age of completion of compulsory schooling. The Committee notes that section 7(2) of the Child Protection Act 2007, provides that no child under the age of 16 shall be employed, except as is provided by subsection (3). It takes due note that, by raising the minimum age from 14 to 16 years, both the minimum age for admission to employment or work and the minimum age of completion of compulsory schooling coincide. The Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for the possibility of a state which decides to raise the minimum age previously specified to notify the Director-General of the International Labour Office by further declarations.

Article 3, paragraph 1. Minimum age for admission to hazardous work. With reference to its previous comments, the Committee notes with interest that section 7(1) of the Child Protection Act 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted that the national legislation did not contain a determination of the types of employment or work likely to jeopardize the health, safety or morals of young persons below 18 years of age. The Committee notes the Government’s indication that it will address this issue in forecasted amendments to the Employment Act after consultation with representative employers’ and workers’ organizations. It also notes that the employers have called for national regulations determining hazardous work within the context of the Convention. The Committee hopes that the Government will take the necessary measures shortly to ensure the adoption of new legal provisions determining the types of hazardous work to be prohibited to persons less than 18 years of age. It requests the Government to provide information on progress made in this regard and to supply a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the consultations held with the 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. 1. Grocery packers; gift wrappers; peanut vendors; newspaper vendors. The Committee had previously noted the Government’s intention to exclude, for a period of five years, from the application of this Convention the following four categories of work listed in the First Schedule of the Employment Act : (a) grocery packers; (b) gift wrappers, (c) peanut vendors; and (d) newspaper vendors. This exclusion would have expired by February 2007. In this regard, the Government indicates its intention to amend the Employment Act to allow child grocery packers between 12 and 14 years of age to continue to be employed for the next ten years. It also indicates that consultations have taken place between trade unions and employers’ umbrella organizations and itself. Furthermore, the Government indicates that it intends to extend the categories of work listed in the First Schedule after consultation with employers’ and workers’ umbrella organizations.

The Committee takes note of the Employment Act (Amendment to First Schedule) Order 2007, provided by the Government along with its report. It observes that this Order provides for an extension of the period of exclusion from the application of the Convention from 5 to 15 years for the four categories of work listed in the First Schedule of the Employment Act 2001, but does not extend the categories of work previously listed in the First Schedule. In this respect, the Committee stresses that, while the Government may extend the period during which limited categories of work or employment are excluded from the application of the Convention, it may not subsequently extend the limited categories of work excluded from the application of the Convention. In this regard, the Committee recalls that, by virtue of Article 4, paragraph 2, of the Convention, each Member which ratifies this Convention shall list in its first report on the application of the Convention any categories of work which may have been excluded. The Committee would be grateful if the Government would provide information concerning the four categories of employment or work which are excluded from the application of the Convention, especially as regards the reasons for which it has decided to extend the period of exclusion for the four categories of work and the situation of child labour in such excluded categories.

2. Work on board ships. In its previous comments, the Committee had noted that, according to section 56 of the Employment Act, it is permitted to employ a young person under the age of 16 upon: (a) a ship in which only members of the same family are employed; or (b) a ship within the waters of the Bahamas. The Committee had asked the Government to indicate the position of its law and practice in respect of children working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. Noting the absence of information in the Government’s report, the Committee once again recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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. Consequently, the Committee requests the Government to indicate whether or not it intends to exclude from the application of the Convention work undertaken by children under the age of 16 working on board ships in which only members of the same family are employed, or on ships within the waters of the Bahamas. If so, it requests the Government to indicate the reasons for such exclusion and the situation of child labour in such excluded category.

Article 7. Light work.  Referring to its previous comments, the Committee notes that section 7(3)(a) of the Child Protection Act 2007, provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. The Committee recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is 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 provide information on the number of hours during which, and the conditions in which, light domestic, agricultural or horticultural work may be undertaken by children under the age of 16 years.

Article 9, paragraph 1. Penalties. The Committee notes that the Child Protection Act does not provide for sanctions in case of contravention of section 7 regarding child labour. It recalls that, by virtue of Article 9, paragraph 1, of the Convention, all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee requests the Government to indicate the legal provisions that prescribe penalties in case of violation of the Convention.

Article 9, paragraph 3. Registers of employment. In its previous comments, the Committee had noted the Government’s statement that registers or records regarding names, places of work, age, etc., were required under the Act to be kept by the employer and produced when required by an inspector for examination. The Committee had requested the Government to indicate the legal provisions requiring the keeping of such registers or records. Noting that the Government provides no information in its report, the Committee once again requests it 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, and to supply a copy of the relevant text.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the ILO and the CIDA Regional Child Labour Project study in the Bahamas, the Labour Inspectorate Unit does not have the human resource capability or the administrative framework to conduct the requisite inspection of workplaces for child labour. Moreover, the majority of children work in the informal sector, which is not generally inspected by the Inspectorate. The study recommends that the Labour Inspectorate Unit be given the specific mandate and resources to target child labour in its inspections. In light of the above, the Committee requests the Government to provide information on the measures taken or envisaged to reinforce the Labour Inspectorate Unit in order to secure the enforcement of the legal provisions relating to child labour. It also 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 contraventions reported.