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

Minimum Age Convention, 1973 (No. 138) - Jamaica (Ratification: 2003)

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that a draft list of types of hazardous employment or work prohibited for persons below 18 years of age had been developed in consultation with the social partners. The Committee noted that this draft list contained 45 types of prohibited work.

The Committee notes the information in the Government’s report that stakeholder consultations on the hazardous work list were undertaken within the framework of the Tackling Child Labour through Education (TACKLE) Project. The Committee also notes the Government’s statement in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the list of hazardous work will be included in the regulations of the new Occupational Safety and Health Act (OSH Act), when adopted. Noting that the Government has been compiling this list since 2006, the Committee urges the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited for persons under 18 years of age is adopted in the near future. It requests the Government to provide a final copy of the list, once adopted.

Article 7(3). Determination of light work. The Committee previously noted that section 34(1) and (2) of the Child Care and Protection Act permits the employment of a child between 13 and 15 years in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations for the new OSH Act. This draft list of light work permitted for children included household chores, hair-braiding, work as a supermarket packer, clerical work and newspaper vending.

The Committee notes the Government’s statement that the draft List of Light Work Permitted for Children was recently reviewed, for inclusion in the new OSH Act. The Government indicates that the draft OSH Act was recently reviewed in preparation for its submission to Parliament for debate. The Committee once again requests the Government to take the necessary measures to ensure that the OSH Act, and its regulations containing the List of Light Work Permitted for Children, are adopted in the near future.

Article 9(1) and part III of the report form. Penalties and the labour inspectorate. The Committee previously noted that labour inspections are confined to the formal sector, and that labour inspectors have yet to detect any cases of child labour in the course of inspections. In this regard, the Committee noted the information from ILO–IPEC that the informal sector was one of the main sectors in which child labour occurs. However, the Committee noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. The Government also indicated that the penalties under the draft OSH Act had been reviewed and that fines ranging from 250,000 Jamaican dollars (JMD)to JMD1,000,000 could be imposed under this Act, and a person could also be imprisoned for a period not exceeding three months if in default of such a fine.

The Committee notes the Government’s indication that the new OSH Act will authorize labour inspectors to enforce the appropriate sanctions where a breach has been committed. The Committee also notes the Government’s statement that, within the framework of the TACKLE Project, measures have been taken to sensitize the labour inspectorate on child labour issues, through local workshops and training at the International Training Centre of the ILO. However, the Committee notes the information in the document entitled “Child Labour Legislative Gap Analysis” of March 2012, submitted with the Government’s report under Convention No. 182, that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor informal sectors of the economy for child labour practices. This report also indicates that while the reporting of cases of child labour has increased, arrests and prosecutions for the child labour offences have not necessarily resulted. Recalling that, by virtue of Article 9(1), of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention, the Committee requests the Government to redouble its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. In this regard, the Committee requests the Government to pursue its efforts to ensure the adoption of the provisions of the draft OSH Act which will enable labour inspectors to enforce appropriate sanctions. It further requests the Government to redouble its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including the allocation of additional resources, in preparation for the labour inspectorate’s expanded role, pursuant to the draft OSH Act, in monitoring the informal economy.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. However, it noted the Government’s statement that the legal framework on this issue was being examined by the Ministry.

Noting an absence of information on this point in the Government’s report, the Committee reminds the Government that legislative provisions shall prescribe the registers which shall be kept and made available by the employer and which must contain the names and ages or dates of birth duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9(3) of the Convention. The Committee once again requests the Government to take the necessary measures in the near future to ensure the adoption of provisions prescribing registers to be kept by employers, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the information from UNICEF that 7 per cent of boys and 5 per cent of girls between the ages of 5 and 14 years worked in the years 1999–2006. The Committee noted the information from ILO–IPEC that the main areas of work for children are in agriculture, fishing and the informal sector (including selling goods and services and domestic work). The Committee also noted that the TACKLE Project was launched in Jamaica in 2009. It further noted the information from ILO–IPEC that reliable data and statistics on the number of child labourers in Jamaica was scarce.

The Committee notes the Government’s statement that through the TACKLE Project, and in collaboration with non-governmental organizations, direct support has been provided to over 500 children, in the form of remedial education, skills training, awareness-raising, and help for children and their families in accessing social support mechanisms. The Government also indicates that the Ministry of Labour and Social Security has developed a Child Labour Policy, and that a Child Labour Handbook for Professionals has been developed. The Government further indicates that the social partners have taken measures to address child labour, such as the establishment of a Child Labour Steering Committee and the adoption of a child labour policy by the Jamaica Confederation of Trade Unions, and the development of a draft child labour policy by the Jamaica Employers Federation.

The Committee further notes the Government’s statement, in its report submitted under Convention No. 182, that it is expected that a Child Labour Survey will be conducted to assist in assessing the impact of the various initiatives taken. In addition, the Committee notes the information in the document entitled “Child Labour Legislative Gap Analysis” of March 2012, that a Children’s Registry has been established to receive, review and refer reports made under the Child Care and Protection Act. This report indicates that in 2008, the Office of the Children’s Registry received 17 reports related to child labour, 22 such reports in 2009, 52 reports in 2010 and 38 reports between January and July 2011. The Committee requests the Government to pursue its efforts to combat child labour, and to continue to provide information on the measures taken in this regard. The Committee also requests the Government to continue its efforts to undertake a child labour survey, to ensure that sufficient up-to-date data on the situation of working children in Jamaica is available, including, for example, data on the number of children and young persons who are engaged in economic activities and statistics relating to the nature, scope and trends of their work.