Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that a draft list of types of hazardous employment or work prohibited for persons below 18 years of age had been developed in consultation with the social partners. The Committee requested a copy of this draft list.

The Committee notes the copy of the draft list of types of hazardous work prohibited for children, included in the Government’s report. The Committee notes that this draft list contains 45 types of prohibited work, divided into invisible and visible types of work. Noting that the Government has been compiling this list since 2006, the Committee requests the Government to take the necessary measures to ensure that this draft list of types of hazardous work prohibited for persons under 18 years of age is adopted in the near future. It requests the Government to provide a final copy of the list, once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee previously requested the Government to provide information on the system of vocational training and technical education. The Committee notes the information in the Government’s report that vocational and technical education in Jamaica is administered by the Ministry of Education through its Technical and Vocational Unit. This unit liaises with numerous institutions which offer technical and vocational programmes in subjects such as agriculture, arts and crafts, business education, home economics and industrial education. The Committee also notes that the Government undertook a project to rationalize the existing technical and vocational programmes in secondary schools, which involved the sharing of facilities among schools in geographic proximity. The Committee further notes that the Government developed a five-year strategic plan entitled “Roadmap for Mainstreaming TVET in Jamaica Public High Schools 2009–2014” and a programme entitled “Career Advancement Programme” to provide support and guidance to students between the ages of 16 to 18 years in choosing a career.

Article 7(3). Determination of light work. The Committee previously noted that section 34(1) and (2) of the Child Care and Protection Act (CCPA) imposes a prohibition on the employment of a child between 13 and 15 years of age in the performance of any work, with the exception of an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. It noted the Government’s indication that a draft list of occupations constituting light work (pursuant to section 34 of the CCPA) was under review by a panel consisting of safety inspectors, workers’ and employers’ representatives. The Committee requested a copy of this list.

The Committee notes the copy of the draft list of light work permitted for children included in the Government’s report, and notes the Government’s indication that this draft list of light work is to be included in the regulations for the new Occupational Health and Safety Act (OSH Act). This draft list of light work permits children to engage in household chores, hair-braiding, work as a supermarket packer, clerical work and newspaper vending. The Committee requests the Government to take the necessary measures to ensure that the OSH Act and its regulations are adopted in the near future.

Article 9(1). Penalties. The Committee previously noted the information in the Government’s report that the penalties under the OSH Act have been reviewed and that fines ranging from $250,000 to $1,000,000 can now be imposed; a person can also be imprisoned for a period not exceeding three months if in default of such a fine. It requested the Government to indicate which provisions of the OSH Act regulated violations of the provisions of the Convention. The Committee notes the Government’s statement that it is envisioned to include provisions for the enforcement of sanctions for violations of the OSH Act in its regulations. The Committee requests the Government to provide a copy of the OSH Act, and its regulations, as soon as they have been adopted.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that labour inspectors are required to examine all the records of employers, including service records, which contain biographic information. In situations where the labour inspector is in doubt about someone’s age, a request can be made for the person’s birth certificate to be produced. The Government indicated that labour inspectors had been sensitized to this fact. Nonetheless, the Committee noted that the available texts of legislation did not contain provisions requiring the employer to keep registers and documents of persons employed or working under him/her. However, it noted the Government’s statement that the legal framework on this issue was being examined by the Ministry. The Committee reminded the Government that legislative provisions shall prescribe the registers 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(3) of the Convention.

The Committee notes the Government’s statement that it has noted the comments of the Committee, and would provide a copy of the legislative provisions when adopted. The Committee requests the Government to take the necessary measures in the near future to ensure the adoption of provisions prescribing registers to be kept by employers, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. In its previous comments, the Committee noted that the OHS Act will replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring (and taking legal action) in cases of child labour in sectors where they hitherto had limited powers, including the informal sector. It requested the Government to provide information on inspections made under the OSH Act.

The Committee once again notes the Government’s statement that the OSH Act has yet to be enacted. The Government indicates that labour inspections are therefore still confined to the formal sector, and that labour inspectors have yet to detect any cases of child labour in the course of inspections. In this regard, the Committee notes the information in the ILO–IPEC Technical Progress Report for the Tackling Child Labour through Education (TACKLE) Project of March 2010 (TACKLE Project TPR), that the informal sector is one of the main sectors in which child labour occurs. The Committee also notes the information in a report on the worst forms of child labour in Jamaica, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) that current resources are insufficient to investigate child labour. The Committee therefore requests the Government to take the necessary measures to ensure that the provisions in the OSH Act, mandating child labour inspections in the informal sector, are adopted in the near future. It also requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspectorate, including the allocation of additional resources, in preparation for the labour inspectorate’s expanded role in monitoring the informal sector.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the information in a UNICEF report that 7 per cent of boys and 5 per cent of girls between the ages of 5 and 14 years worked in the years 1999–2006. The Committee noted the Government’s indication that child labour statistics would be incorporated into the Ministry’s Labour Market Information System and requested the Government to provide recent information on the application of the Convention in practice.

The Committee notes the ILO–IPEC information that the TACKLE Project TPR was launched in Jamaica in 2009. This project aims to contribute to poverty reduction by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The Committee notes the information in the TACKLE Project TPR, that within the framework of this Project, action programmes (with the collective target of withdrawing 630 children from child labour, and preventing an additional 1,870 children from entering child labour) are in development.

The Committee notes the information in the TACKLE Project TPR that the main areas of work for children are in agriculture, fishing and the informal sector (including selling goods and services and domestic work). However, the TACKLE Project TPR also indicates that reliable data and statistics on the number of child labourers in Jamaica are scarce, and the current magnitude of the child labour situation is largely unknown in a quantitative sense. The TACKLE Project TPR indicates that the terms of reference for a number of studies on the topic have been drafted, and that the findings of these studies will contribute to the planning of future action programmes. The Committee requests the Government to provide information on the impact of the action programmes adopted in the context of the TACKLE Project, particularly the number of children reached through these measures. The Committee also requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Jamaica is available, including, for example, data on the number of children and young persons who are engaged in economic activities and statistics relating to the nature, scope and trends in the labour of children and young persons working below the minimum age.