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

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

Article 2(3) of the Convention. Age of completion of compulsory education. Following its previous comments, the Committee notes the statistical data provided by the Government on school enrolment rates. According to the data, during the year 2010–11, 3,404 children (1,756 boys and 1,648 girls) were enrolled at the primary level and 3,120 children (1,564 boys and 1,556 girls) were enrolled at the secondary level. It also notes the Government’s statement that the Ministry of Education continues to ensure that every child in the Federation is afforded quality education and is determined to take the necessary measures to increase the school completion rate at the primary level and increase the enrolment rate at the secondary level with a special focus on girls. The Committee notes that, according to the data from the UNESCO Institute for Statistics of 2009, the gross enrolment rate (GER) at the primary level was 96 per cent (95 per cent boys and 97 per cent girls), and the GER at the secondary level was 96 per cent (93 per cent boys and 100 per cent girls).

Article 3(1) and (2). Minimum age for admission to, and determination of, 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 (EWYPC Act) (sections 4–5) apply only to children below the age of 16 years. It had also noted that as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years on ships and industrial undertakings is prohibited. It had further noted section 2 of the EWYPC Act which provides a comprehensive list of undertakings which falls under the definition of “industrial undertaking”, and section 3 which states that the Minister may, by order declare any class of undertaking to be an industrial undertaking.

The Committee notes the Government’s information that no orders pursuant to section 3 of the EWYPC Act have been issued by the Minister. It notes, however, the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that consultation with the social partners to discuss and determine the list of types of hazardous work prohibited to children under 18 years of age will be held in the near future. The Committee further notes the Government’s indication that a consultative process to enact a labour code for Saint Kitts and Nevis is under way. In this regard, the Committee requests the Government to take the necessary measures to prohibit the employment of persons under 18 years of age in work, which by its nature or the circumstances in which it is carried out is likely to harm their health, safety or morals. It expresses the firm hope that the Government will take the necessary measures, without delay, to determine the list of types of hazardous work prohibited to children under 18 years of age, after consultation with the social partners, in conformity with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee had previously requested 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 notes the Government’s indication that this issue will be forwarded to the competent authority and the National Tripartite Committee for taking action. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the performance of hazardous types of work by young persons aged 16 and 18 years is only authorized on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with the provisions of Article 3(3).

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee had previously noted that pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. It had therefore requested the Government to indicate whether it intended to exclude work in family undertakings from the application of the Convention, pursuant to Article 4 of the Convention. The Committee notes the Government’s statement that this issue will be discussed with the tripartite constituents. The Committee hopes that the Government will be able to provide information in its next report with regard to its intention of excluding family undertakings from the application of the Convention, after consultations with the social partners, in accordance with Article 4(1). 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. Following its previous comments the Committee notes that pursuant to section 2 of the Apprenticeship and Tradespersons’ Qualification Act (Revised Edition 2002), an “apprentice” means a person who is at least 16 years of age.

Article 7(1). Light work from the age of 13 years. The Committee has previously noted that, the Employment of Children (Restriction) Ordinance permit children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of up to two hours of work on school days and Sundays (section 3(1)). It had therefore requested the Government to take the necessary steps to bring the national legislation into line with the Convention by permitting employment in light work only by young persons who have reached the age of 13 years. The Committee notes the Government’s statement that the matter will be forwarded to the appropriate authority for taking action. The Committee requests the Government to take the necessary measures, without delay, to bring the national law into conformity with the Convention by permitting only children of 13 years of age to be employed in light work. It requests the Government to provide information on any progress made in this regard.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s indication that the fines prescribed for the violation of child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance have not been updated in recent years. However, it intends to review some of the fines during the consultative process of the Labour Code. The Committee requests the Government to provide information on any progress made with regard to the revision of fines prescribed for the violation of child labour provisions.

Article 9(3). Keeping of registers. Noting the provisions under section 8 of the EWYPC Act which requires employers in industrial undertakings or on ships to keep registers of persons under 16 years of age, the Committee had requested the Government to provide information on the measures taken to require all employers in all sectors of the economy to keep registers of all persons employed under the age of 18 years. The Committee notes the Government’s information that during inspections, the labour inspectors ensure that employers keep registers of persons under the age of 18 years employed by them. The Committee observes, however, the absence of a legal provision obliging the employers to keep such registers. In this regard, the Committee requests the Government to take the necessary measures to include in the new Labour Code a provision requiring the employers to keep a register indicating the names, ages and date of birth of persons employed by them or working for them and who are less than 18 years of age. It requests the Government to provide information on any measures taken in this regard.

Part III of the report form. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Department of Labour, responsible for the supervision and enforcement of labour legislation and administrative regulations has not come across any violations related to the employment of children and young persons.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that although the minimum age for employment is 16 years, most children in Saint Kitts and Nevis complete their primary education at the age of 17 years and thereafter continue on to tertiary education or vocational training. These educational institutions have two-year and four-year programmes and hence most children in the country commence work at the age of 19 years. The Committee also notes the Government’s indication that the data regarding the number of children and young persons involved in economic activities in Saint Kitts and Nevis will be made available after the completion of the 2011 National Census. The Committee hopes that the Population Census will be completed soon and requests the Government to provide statistical information on the child labour situation in the country.

The Committee encourages the Government to take into consideration, during its review of the Labour Law, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.