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

Minimum Age Convention, 1973 (No. 138) - Saint Kitts and Nevis (Ratification: 2005)

The Committee notes the Government’s first report.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the applicable minimum age to work or employment. The Committee also notes the Government’s statement that both the Employment of Children (Restriction) Ordinance and the Employment of Women, Young Persons and Children Act were amended in 2002 to raise the minimum age of employment to 16 years of age. The Committee further notes that the Employment of Women, Young Persons and Children Act, as amended in 2002, prohibits employing a child (defined as a person under the age of 16, pursuant to section 2) in public or private industrial undertakings (section 4(1)) or on any ship (section 5), except in undertakings employing only members of their family. In addition, the Committee notes that section 3(1) of the Employment of Children (Restriction) Ordinance states that no child shall be employed (except subject to the provisions of the Ordinance), and section 2 of the Ordinance (as amended in 2002) defines a child as a person under the age of 16.

Article 2(3). Age of completion of compulsory education. The Committee notes the Government’s statement that section 26 of the Education Act of 2005 specifies that the age at which compulsory education ends is 16 years, coinciding with the specified minimum age for admission to employment. Nonetheless, the Committee notes that, according to data from the UNESCO Institute for Statistics of 2007, only 84 per cent of children complete primary school. This data further indicates that only 79 per cent of boys and 72 per cent of girls are enrolled in secondary education. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee strongly encourages the Government to redouble its efforts to strengthen the functioning of the education system. In this regard, it requests the Government to take the necessary measures to increase the school completion rate at the primary school level, and increase the enrolment rate at the secondary school level, with a particular focus on girls. The Committee requests the Government to provide information on the measures taken in this regard, and on the results achieved. Lastly, it requests the Government to provide a copy of the Education Act of 2005 with its next report.

Article 3(1) and (3). Hazardous work from the age of 16 years. The Committee notes that, pursuant to section 3(1)(g) of the Employment of Children (Restriction) Ordinance, no child (defined as a person under the age of 16 years) may be employed in any occupation likely to be injurious to his life, limb, health or education, with regard being had to his physical condition. Section 3(1)(f) of the Employment of Children (Restriction) Ordinance further specifies that children shall not be employed “to lift, carry or move anything so heavy as to be likely to cause injury to him”. The Committee also notes that, pursuant to sections 4 and 5 of the Employment of Women, Young Persons and Children Act, persons under 16 years are prohibited from working in industrial undertakings or on ships. Moreover, sections 2 and 7(1) of the Employment of Women, Young Persons and Children Act prohibit the performance of night work by persons under 18.

The Committee therefore observes that the prohibitions on hazardous work (with the exception of night work) contained in the relevant legislation apply only to children below the age of 16 years. The Committee reminds the Government that by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or 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, and that the exception contained in Article 3(3) permits the competent authority to authorize such work from the age of 16 years only on the condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity, following consultation with the employers’ and workers’ organizations concerned. The Committee therefore requests the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention. The Committee also requests the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 3(2). Determination of hazardous work. The Committee notes that the Employment of Women, Young Persons and Children Act prohibits the employment of persons under 16 on ships and in industrial undertakings. The Committee also notes that, pursuant to section 2 of this Act, industrial undertakings are defined comprehensively to include: work in mines or quarries; work in the construction, maintenance, repair or demolition of any building, railway, tramway, canal, road, tunnel, bridge, sewer, electrical undertaking, waterwork or gaswork; work in industries in which articles are manufactured, altered, cleaned, repaired, finished or adapted for sale; work in which materials are transformed (such as ship building); and work involving the generation, transformation or transmission of electricity or motor power of any kind. The Committee also notes that, pursuant to section 3 of the Employment of Women, Young Persons and Children Act, the Administrator in Council may, by order, declare any class of undertaking to be an industrial undertaking for the purposes of the Act (and therefore prohibited to children). The Committee requests the Government to indicate if any orders have been made by the Administrator in Council (pursuant to section 3 of the Employment of Women, Young Persons and Children Act) to declare any undertakings outside the industrial sector, particularly in the tourism and the agricultural sector, as “industrial undertakings” for the purposes of the Act.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes the Government’s indication in its report that no categories of employment or work are excluded from the application of the Convention. However, the Committee notes that pursuant to sections 4(1) and 5 of the Employment of Women, Young Persons and Children Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships does not apply to undertakings in which only members of the same family are employed. Therefore, the Committee reminds the Government that Article 4(1) of the Convention allows the competent authority to exclude the Convention’s application from limited categories of employment or work in respect of which special and substantial problems of application would arise. It further recalls that, pursuant to Article 4(2) of the Convention, a Member which ratifies the Convention and decides not to apply it to certain categories of employment must give the reasons for such exclusion. The Committee therefore requests the Government to state whether it intends to exclude children working in an undertaking in which only members of their family are employed from the application of the Convention and, if so, to give the reasons. If no such exclusion is intended, the Committee requests the Government to ensure the application of the minimum age of 16 years in family undertakings.

Article 6. Vocational training and apprenticeship. The Committee notes that section 4 of the Employment of Children (Restriction) Ordinance states that the Ordinance does not apply to work performed by children in technical schools. The Committee also notes the Government’s statement that the competent authority has not prescribed any types of work that could be done by children and young persons for the purposes of Article 6. Nonetheless, the Committee notes that section 2 of the Labour Ordinance 1966 includes apprenticeship contracts as a type of employment contract. The Committee requests the Government to indicate the minimum age for apprenticeship contracts provided for by section 2 of the Labour Ordinance 1966.

Article 7(1). Light work from the age of 13 years. The Committee notes that, pursuant to section 3(1) of the Employment of Children (Restriction) Ordinance, children under the age of 12 may be employed by their parents in agricultural or horticultural work on land belonging to their parents. The Committee also notes that section 3(1) of the Employment of Children (Restriction) Ordinance further permits the employment of children between the ages of 12 and 16 in non-hazardous daytime work outside of school hours, specifying a maximum of up to two hours of work on school days and Sundays. The Committee reminds the Government that Article 7(1) of the Convention provides that national laws or regulations may permit children from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary steps to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years. It also requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use is made of the exceptions permitted in Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that, pursuant to section 16 of the Employment of Women, Young Persons and Children Act, any person found guilty of an offence against the Act (or any regulations made pursuant to the Act) for which no penalty is expressly provided shall be liable on summary conviction to a penalty not exceeding 24 (Caribbean) dollars (approximately US$9.23), and a penalty not exceeding 48 (Caribbean) dollars (approximately US$18.46) in the case of subsequent offences. The Committee also notes that section 6 of the Employment of Children (Restriction) Ordinance provides that any person contravening the Ordinance shall be liable on summary conviction to a fine not exceeding 100 (Caribbean) dollars (approximately US$38.46). The Committee requests the Government to provide information on the practical application of section 16 of the Employment of Women, Young Persons and Children Act and of section 6 of the Employment of Children (Restriction) Ordinance. The Committee also requests the Government to indicate if the fines contained in these pieces of legislation have been updated in recent years.

Article 9(3). Keeping of registers. The Committee notes that section 8 of the Employment of Women, Young Persons and Children Act requires employers in industrial undertakings or on ships to keep registers of persons under 16 years of age and specifies that these registers shall contain the name, address, and date of birth of all such persons. This register shall, on request at any reasonable time, be produced for inspection by any police officer. Section 8(3) of the Act specifies that any employer or shipmaster failing to comply shall be guilty of an offence, and shall be liable on summary conviction to a penalty not exceeding 96 (Caribbean) dollars (approximately US$36.92).

The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee further reminds the Government that this provision applies to all sectors of employment, not just in industrial workplaces or on ships. The Committee therefore requests the Government to provide information on the measures taken or envisaged to require employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s statement that labour officers in the Department of Labour are assigned to inspect and monitor various industries which are susceptible to child labour, such as construction sites and factories. The Committee also notes the Government’s statement that the Probation and Child Welfare Unit (in the Ministry of Social Development) has an active monitoring system involving child care, probation and truancy officers, and that education officers and guidance counsellors (within the Ministry of Education) are also used to supervise and enforce the legislation and administrative regulations pertinent to the Convention. The Committee requests the Government to provide information on the performance in practice of labour inspections concerning the monitoring of child labour. In this regard, the Committee requests the Government to provide information on the number and nature of violations detected involving children and young persons, including the number of violations reported, investigations conducted, fines imposed, and, where possible, extracts from reports of labour officers.

Parts IV and V of the report form. Court decisions and application of the Convention in practice. The Committee notes the Government’s statement that there are no known court cases involving questions of principle relating to the application of the Convention. The Committee also notes the Government’s statement that data regarding child labour is currently unavailable, though such data has been requested from the Government’s Statistical Unit and the Social Security Board. The Committee therefore requests the Government to provide this data on the number of children and young persons who are engaged in economic activities in Saint Kitts and Nevis in its next report, including for example, statistics disaggregated by sex and age relating to the nature, scope and trends in the labour of children and young persons working below the minimum age.