Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Trinidad and Tobago (Ratification: 2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the establishment of the National Steering Committee for the Prevention and Elimination of Child Labour in Trinidad and Tobago (NSC), a body responsible for the coordination of national efforts addressing the problem of child labour. The NSC was tasked with the development of the National Policy and Plan of Action Against Child Labour (NPPA). The Committee requested the Government to provide a copy of the NPPA, in addition to information on the national policy measures taken.

The Committee notes the information in the Government’s report that a draft national policy has been developed. This policy will be finalized, and the Plan of Action will be developed, based on the findings of the Youth Activity Survey. The Committee also notes that, in 2007, the ILO Subregional Office for the Caribbean commissioned a study on the review of child labour laws in Trinidad and Tobago, within the context of ILO Conventions Nos 138 and 182. The Government indicates that the recommendations from this study provide a guide for legislative reform, which is ongoing. The Committee encourages the Government to continue its efforts to develop the National Policy and Plan of Action Against Child Labour, and requests the Government to provide a copy of it when it is completed. It also requests the Government to provide information on the ongoing reform concerning legislation related to child labour.

Article 2(2). Minimum age for admission to employment. The Committee previously requested the Government to indicate whether or not the Factories Ordinance of 1948 (Factories Ordinance) is still in force. The Committee notes the Government’s statement that the Factories Ordinance was repealed by the Occupational Safety and Health Act (OSHA) of 2004. The Committee further notes that section 4(1) of the OSHA, as amended by the Occupational Safety and Health (Amendment) Act (Act No. 3 of 2006) defines a young person as a person between the ages of 16 and 18 years.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, pursuant to section 76(1) of the Education Act of 1966, the compulsory school age is defined as between the ages of 6 and 12 years. The Committee indicated that it considered the requirement set out in Article 2(3) of the Convention to be fulfilled since the minimum age for employment (16 years) is not less than the age of completion of compulsory schooling (12 years). However, the Committee expressed the view that compulsory education is one of the most effective means of combating child labour and emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee expressed the hope that the age of compulsory schooling would be raised from 12 to 16 years, and requested the Government to indicate any legislative developments in this regard.

The Committee notes the Government’s statement that action is ongoing to raise the age of compulsory schooling to 16 years. The Government indicates that the Ministry of Education is preparing a policy document in support of bringing the age of compulsory schooling in line with the minimum age for admission to employment of 16 years. The Committee urges the Government to pursue its efforts to raise the age of compulsory education up to the minimum age of employment (age 16), and requests the Government to provide information on developments in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that a National Seminar on Hazardous Occupations and Children was held in 2004, with participation from employers’ and workers’ organizations. The Committee noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development (MOLMED) was developing a list of occupations deemed hazardous to children based on recommendations from this seminar.

The Committee notes the Government’s statement that a list of occupations deemed hazardous to children will be submitted when it is adopted. Noting that work on the list of occupations deemed hazardous to children has been ongoing since 2004, the Committee urges the Government to take the necessary measures to ensure the adoption of this list in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 3(3). Admission of young persons to types of hazardous work from the age of 16 years. The Committee previously noted that young persons between 16 and 18 years of age are permitted to work in some types of hazardous work under certain conditions, such as working on dangerous machines (pursuant to section 22 of the OSHA), and night work in certain types of industries, such as work in the manufacture of raw sugar, or other undertaking specified by Order of the President (pursuant to section 90(2) of the Children Act). It also noted that section 22 of the OSHA only permits young persons between 16 and 18 years to work on dangerous machines if they have been fully instructed as to the dangers arising in connection with the machine’s operation and the precautions to be observed, and if they have received sufficient training to work on the machine, or if they are under adequate supervision by a person who has special knowledge and experience in the operation of the machine. The Committee requested the Government to take the necessary measures to fully ensure the health and safety of young persons between 16 and 18 years of age engaged in these types of hazardous work.

The Committee notes that section 53 of the OSHA prohibits the employment of persons between the ages of 16 and 18 in industrial establishments for more than three months unless certain conditions are met, including the issuance of a certificate of physical fitness. The Committee also notes that section 54 of the OSHA prohibits employing young persons for more than eight hours a day or 48 hours a week and provides for a mandatory 12-hour break between shifts. It also prohibits employing young persons between the hours of 10 p.m. and 7 a.m. (except as specified in section 90(2) of the Children Act). The Committee further notes that section 121E of the forthcoming Children Bill (introduced in Parliament in January 2010) will amend this section of the OSHA to prohibit all night work for young persons, and that section 123 of the Children Bill repeals the Children Act. Lastly, the Committee notes the Government’s statement that these sections of the OSHA are enforced by the Occupational Safety and Health Inspectors of the Occupational Safety and Health Agency. The Committee requests the Government to provide information on progress towards the adoption of the Children Bill, and to provide a copy of it once adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that, according to section 91(1) of the Children Act of 1925, as amended by Act No. 3 of 2007, children under 16 years of age may be employed in an undertaking in which only members of their family are employed. The Committee reminded the Government that Article 4(1) of the Convention allows the competent authority to not apply the Convention to limited categories of employment, due to special and substantial problems which would arise as a result of such application. It recalled that, pursuant to Article 4 of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion.

The Committee notes the Government’s statement that section 91 of the Children Act is intended to invoke the exclusion in Article 4(1) of the Convention. The Committee notes the Government’s statement that the reason for this exclusion is a belief that families will take care of their children, and that such work is positive to a child’s emotional, physical and mental growth, given that it does not affect their health and development or interfere with their education. The Committee recalls that, by virtue of Article 4(2) of the Convention, a government which has excluded limited categories of employment or work from the application of the Convention must state in subsequent reports the position of its law and practice in respect of such categories. Consequently, the Committee requests the Government to state, in its next report, the position of its law and practice in respect of children employed in undertakings in which only members of their families are employed.

Article 7. Light work. The Committee previously requested the Government to indicate if section 6 of the Recruiting of Workers Regulations was amended by the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007 so as to raise the minimum age from 14 to 16 years. The Committee notes the Government’s statement that the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007 does in fact amend section 6 of the Recruiting Act, raising the minimum age to 16 years of age. However, the Committee notes the information in the Multiple Indicator Cluster Survey 2 (of 2000) that 4.4 per cent of 13 year olds and 6.9 per cent of 14 years olds in Trinidad and Tobago are engaged in economic activity. The Committee therefore draws the Government’s attention to Article 7(1) of the Convention which provides that national laws or regulations may permit persons 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 in 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 also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee therefore encourages the Government to consider taking measures, in conformity with Article 7 of the Convention, to regulate light work activities for children between the ages of 13 and 16 years, and to determine the number of hours during which, and the conditions in which, such light work may be undertaken. It requests the Government to provide information on any developments in this regard.

Article 8. Artistic performances. The Committee previously drew the Government’s attention to Article 8 of the Convention which states that the competent authority may, by permits granted in individual cases (limiting the number of hours during which, and prescribing the conditions under which, such work may occur), allow exceptions to the prohibition of employment under the general minimum age, for the purpose of participating in artistic performances. It requested the Government to indicate if in practice children under the minimum of age participated in such activities.

The Committee notes the Government’s statement that there are no existing legislative provisions to govern artistic performances by children in Trinidad and Tobago. The Committee also notes the Government’s statement that children at both the primary and secondary school age are permitted to participate in artistic performances, both in local and national cultural events, as well as in competitions. The Government indicates that these activities include children’s participation in Phagwah and Divali celebrations organized in some schools and communities, and activities during the Carnival such as the Junior Calypso Competition. The Committee notes the Government’s statement that this participation is based on parental consent and is not considered to constitute work, as it contributes to a child’s cultural education and development.

Part III of the report form. Labour inspectorate. The Committee previously requested the Government to provide information on the activities carried out by the labour inspectorate with regard to the employment of minors. The Committee notes the Government’s statement that, to date, the Labour Inspectorate Unit within MOLMED has not detected any instances involving the employment of minors through its regular inspection activities. The Committee also notes the information the Government’s report submitted under Convention No. 182 that the Labour Inspectorate Unit received guidelines from the MOLMED intended to clearly outline its functions and role under the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act No. 3 of 2007. The Committee further notes the information submitted in the Government’s report under Convention No. 81 that labour inspectors have received training arranged by the ILO on child labour issues. The Government also indicates in this report that the Labour Inspectorate Unit is in discussions with the Ministry of Social Development to develop an MOU to facilitate cooperation between the Unit and the newly formed Children’s Authority of Trinidad and Tobago, to better address issues of child labour. Lastly, the Committee notes the Government’s statement that steps are being taken by the MOLMED to develop an Enforcement Policy Strategy to provide for a coordinated approach to address the issue of the employment of minors, in the event that such cases are detected. The Committee requests the Government to provide a copy of the Enforcement Policy Strategy, once it is developed. It also requests the Government to provide information on the development of the MOU between the Labour Inspectorate Unit and the Children’s Authority of Trinidad and Tobago, and the impact of this MOU on the effective application of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the 2002 ILO–IPEC Rapid Assessment Study which indicated that the age range of working children in Trinidad and Tobago was 7–17 years. It also noted that the Committee on the Rights of the Child had expressed concern, in its concluding observations of 17 March 2006, over the lack of an adequate data collection system on the situation of children, including on child labour (CRC/C/TTO/CO/2, paragraph 20). However, the Committee noted that that a national Youth Activity Survey was planned for implementation in 2006, which was expected to provide some of the critical data which was lacking.

The Committee notes the information in the Government’s report that the Central Statistical Office does not currently collect data on the employment of children and young persons. However, the Committee notes the Government’s statement that the Final Report of the Multiple Indicator Cluster Survey 3 (2008) indicated that 0.7 per cent of children in Trinidad and Tobago are involved in child labour. The Committee further notes the Government’s statement that the Youth Activity Survey has yet to be undertaken. Observing that this survey was originally planned for 2006, the Committee requests the Government to take the necessary measures to ensure that the Youth Activity Survey is undertaken in the near future, and to provide a copy of the survey’s results, once it has been realized. It also requests the Government to continue to provide information on the manner in which the Convention is applied, including 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.