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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Saint Kitts and Nevis (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clauses (a), (b) and (c). Sale and trafficking of children, use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances and for illicit activities. Following its previous comments with regard to the measures taken to secure the prohibition of the above worst forms of child labour, the Committee notes the Government’s statement that it intends to adopt the principles outlined in Article 3(a)–(c) of the Convention in the proposed Labour Code, which is currently in a consultative stage with the social partners. The Committee reminds the Government that by virtue of Article 3(a)–(c) of the Convention, the sale and trafficking of children, the use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances and for illicit activities, particularly for the production and trafficking of drugs are considered as the worst forms of child labour and that under the terms of Article 1 of the Convention, each member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore urges the Government to take immediate measures to prohibit in the national legislation the sale and trafficking of children under 18 years of age, the use, procuring or offering of a child under 18 for prostitution, production of pornography or for pornographic performances and for illicit activities and to adopt appropriate penalties. It hopes that the consultation process with the social partners to discuss this issue will be undertaken in the near future. It requests the Government to provide information on any progress made in this regard.

Forced or compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes that according to a report entitled Child Soldiers Global Report 2008 – Caribbean, available at the website of the United Nations High Commissioner for Refugees (www.unhcr.org), Saint Kitts and Nevis has a small military force that patrolled jointly with the police, and that there were no reports of under-18s in these security forces. Furthermore, according to section 17(1)(a) of the Police Act of 2003, the minimum age for recruitment to the police forces is 18 years.

Article 3(d) and Article 4(1). Hazardous work. The Committee had previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance, 1966 (sections 3(f)–(g)) and the Employment of Women, Young Persons and Children Act, 1939 (sections 4–5) apply only to children below the age of 16 years. The Committee notes the Government’s indication that it intends to engage the social partners to discuss and determine the list of types of hazardous work prohibited for children under 18 years and the consultation process is expected to be undertaken by the fourth quarter of this year. In this regard, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the consultation process with the social partners to determine the list of types of hazardous work will be held in the near future and that the Government, while adopting the list, will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that the Department of Labour Inspectorate endeavours to ensure that the workplace is free of minors under the age of 18 years and that all workers who are employed are not engaged in any work that endangers or deprives them of a healthy life. The Committee requests the Government to provide information on the extent and nature of violations detected by the labour inspectors concerning children working in the worst forms of child labour, and to provide extracts of their inspection reports.

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. The Committee had previously noted that the Education Act, 1975, provides for free basic education for all children from ages five to 16. It had noted that the Committee on the Rights of the Child (CRC), in its concluding observations of August 1999 (CRC/C/15/Add.104, paragraph 28), expressed concern at the high drop-out rate for males in the upper grades of primary school, the poor reading ability of primary school males and the high incidence of truancy. The CRC also expressed its concern that the policy, which allowed teenage mothers to re-enter the educational system, has not been equally implemented in both islands. The Committee had therefore requested the Government to provide information on the effective and time-bound measures taken to prevent the engagement of children in the worst forms of child labour.

The Committee notes the Government’s information that in 2009, it introduced the Support Services for Families of Children at Imminent Risk Programme in order to increase support services to families of children who are at risk of being engaged in child labour, or abused or neglected. Within this initiative, children are constantly under the supervision and monitoring of a child protection officer. The Committee also notes that the Government initiated several social assistance programmes to ensure that children remain in school. These include:

–           self-programme where school fees and text books are provided by the Government;

–           provision of school supplies and uniforms to children of families earning the minimum wage or less;

–           school meals programme;

–           free medical assistance;

–           provision of food vouchers;

–           compassionate grant payments for orphans or children with a single parent; and

–           social protection monetary transfer.

Furthermore, the Project Viola, a teen mother support group, which enables teenage mothers to re-enter the educational system continues to be extremely successful, and the Government with the partnership of private sector enterprises, provides scholarships for teenage mothers to continue higher education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure free basic education to all children and to keep children in school. It also requests the Government to provide updated statistical data on school enrolment and drop-out rates.

With regard to the measures taken in relation to Article 7(2)(b)–(e) of the Convention, the Committee notes the Government’s information that with the assistance from UNICEF, the Government has commenced the process of creating and implementing a child protection protocol which will outline the standard procedure for the protection of children who are victims of the worst forms of child labour. The Government further states that a draft protocol has been prepared, and a consultation with the stakeholders has been scheduled before finalizing and implementing this protocol in 2011. The Committee requests the Government to provide information with regard to the adoption and implementation of the protocol for the protection of the victims of the worst forms of child labour.

Parts IV and V of the report form. Following its previous comments, the Committee notes the Government’s information that it has not yet developed any statistical data on child labour. However, in collaboration with other statistical departments, the Social Security Board and other social partners, the Government intends to collect, compile and analyse data to produce statistical and other relevant information regarding child labour and its worst forms. The Committee hopes that the Government will take the necessary measures to collect and compile adequate data on the situation of child labour in the country. It requests the Government to provide information on the statistical data, once it has been prepared. To the extent possible, all information provided should be disaggregated by sex and age.