Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Trinidad and Tobago (Ratification: 2003)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously urged the Government to take the necessary measures to ensure that legislation prohibiting the sale and trafficking of children under 18 was adopted.

The Committee notes that the Trafficking in Persons Act was adopted on 9 June 2011. The Committee notes with satisfaction that section 18 of the Trafficking in Persons Act prohibits the trafficking of children, specifically the recruiting, transporting, transferring or receiving of a child into Trinidad and Tobago or the harbouring of a child within the country for the purpose of exploitation. Section 18 of the Act also specifies that this offence carries a penalty of not less than 20 years imprisonment and a fine of US$1 million. Lastly, the Committee notes that section 3 of the Trafficking in Persons Act defines a child as a person below the age of 18 years.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee previously noted that section 46 of the draft Children Bill would prohibit the using, or causing a child to be used or to act as a courier to buy, sell, purvey or deliver drugs, and that section 47 of this Bill would prohibit these acts specifically in relation to the trafficking of drugs. Nonetheless, the Committee noted that the Children Bill was no longer under discussion by Parliament.

The Committee notes the Government’s statement that the Children Bill is currently being reviewed. The Committee, therefore, urges the Government to take the necessary measures to ensure that the Children Bill is reviewed and subsequently adopted, to prohibit the use procuring or offering of children under 18 years of age for the production and trafficking of drugs. It requests the Government to provide a copy of the Children Bill, once adopted.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that the Factory Inspectorate Unit of the Ministry of Labour and Small and Micro Enterprise Development was developing a list of occupations deemed hazardous to children, based on guidelines provided by a National Seminar on Hazardous Occupations and Children, held in 2004.

The Committee notes the Government’s statement that, while a list of hazardous occupations is not yet available, work has begun to create such a list. The Committee also notes the Government’s statement that a governmental delegation attended the ILO Subregional Workshop on the Elimination of Hazardous Child Labour for Select Caribbean Countries in October 2011. It notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the report of this delegation will contain recommendations to assist in the development of a list of occupations deemed hazardous. Recalling that, pursuant to Article 1 of the Convention, each Member that ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency, and 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, following consultation with the social partners. It requests the Government to provide a copy of this list once it has been adopted.

The Committee is raising other points in a request addressed directly to the Government.