Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Aruba

The Committee notes the Government’s first report.

Article 3. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 49(1)(b) of the Penal Code penalizes a person who, through gifts, promises, abuse of authority, violence, threat or deception or, through providing an opportunity, the means or information deliberately provokes an offence. It also notes that section 264 of the Penal Code penalizes a person who cedes or leaves a child under his or her authority below the age of 12 to another, knowing that the child will be engaged in begging. Yet, the Committee notes that the Penal Code appears not to specifically prohibit the use, procuring or offering of a child under 18 in illicit activities, in particular the production and trafficking of drugs. Recalling that, pursuant to Article 3(c) of the Convention, the involvement of a person under 18 years in illicit activities constitutes one of the worst forms of child labour, and that, pursuant to Article 1 of the Convention, member States are required to take immediate measures to prohibit these worst forms of child labour as a matter of urgency, the Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee notes the information provided by the Government, according to which it is stated that the types of hazardous work have not yet been determined and that it will communicate any progress made in this regard. Referring also to its comment under Article 3(2) of Convention No. 138, the Committee reminds the Government that, by virtue of Article 4(1) of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, 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 requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190. The Committee also requests the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 7(1). Penalties. The Committee notes that the Penal Code penalizes forced and compulsory labour of children, the sale and trafficking of children (section 286a) and the use, procuring or offering of a child for prostitution (sections 256a and 258) or for the production of pornography or pornographic performances (section 247). Yet the Penal Code for each of these offences prescribes penalties consisting of imprisonment or a fine. Given the seriousness of the offences and the dissuasive effect that the penalties should have, legislation providing for a fine or imprisonment might not be considered effective. The Committee therefore requests the Government to indicate how these provisions of the Penal Code have been applied in practice, providing in particular information on the specific penalties imposed on persons convicted.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication in its first report that it is at the preliminary phase of implementing the Convention and that one of the greatest challenges in this regard is the lack of apparent worst forms of child labour in Aruba. The Government states that tripartite consultations are ongoing in this regard and that it plans to include other groups, such as educational institutions. The Committee further notes that the Government indicates that, in the first place, it is tackling the issue in broad and general terms by increasing awareness on the topic through information sessions to those in contact with children, and, secondly, it is working to introduce a clear protocol for departmental and organizational cooperation for streamlining processes of assistance and of recognizing cases of child labour, informing the corresponding authorities, removing the child and finally providing the necessary psychological, medical and social care as needed. Considering the absence of information on this point in the Government’s report, the Committee encourages the Government to compile and provide accurate data on the number of working children under the age of 18, especially concerning those children engaged in the worst forms of child labour. It also requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and the number and nature of infringements reported. To the extent possible, all information provided should be disaggregated by sex and age.