Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that the Sexual Offences Act prohibits procuring any person to become a prostitute (section 18(1)(b)), and prohibits living off the proceeds of prostitution (section 23(1)(a)). However, the Committee observed that the Sexual Offences Act did not appear to prohibit the use of a person under the age of 18 for the purpose of prostitution, that is, by a client. The Committee also noted the Government’s indication that two bills were debated by Parliament relating to sexual offences.

The Committee notes the Government’s statement that sexual intercourse with a person under the age of 16 is prohibited and that any sexual relations with a child entail the maximum penalty of life imprisonment. The Government also indicates that a Sex Offenders Registry was established in 2014 under the control of the Department of Corrections. The Committee reminds the Government that a child is defined as a person under 18 years old in accordance with Article 2 of the Convention and that Article 3(b) specifically prohibits the use of a child for prostitution, that is, by a client. The Committee, therefore, requests the Government to take the necessary measures to ensure that its legislation contains a prohibition on the use of a child under 18 years of age for the purpose of prostitution, in accordance with the Convention.

Clause (c). Use, procuring or offering a child for illicit activities, particularly the production and trafficking of drugs. The Committee previously observed that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, did not appear to be specifically prohibited by the relevant Jamaican legislation. It also noted that, in practice, children were used in Jamaica as drug couriers and for selling drugs. However, the Committee noted that the draft list of hazardous work prohibited for children did prohibit involving children in illicit activities and the drug industry, as well as more specific provisions prohibiting children from cultivating ganja and guarding ganja fields. The Committee also noted the information from the International Trade Union Confederation, that in the country, boys are used as drug couriers and dealers.

The Committee notes the Government’s statement that provisions prohibiting the use of children in illicit activities will be included under the review of the Child Care and Protection Act as well as in the draft Occupational, Safety and Hazards Act (OSH Act). The Committee urges the Government to take the necessary measures to ensure the adoption of the provisions prohibiting the involvement of children in illicit activities and the drug industry, in the near future (whether in the Child Care and Protection Act or the OSH Act). The Committee also requests the Government to take measures to ensure that this offence is punishable with sufficiently effective and dissuasive penalties.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138). The Committee also draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190.

Articles 5 and 7(1). Monitoring mechanisms, penalties and the application of the Convention in practice. Trafficking of children and child prostitution. The Committee previously noted that trafficking of children (particularly for the purpose of forced prostitution) and commercial sexual exploitation of children (especially in tourist areas) are a problem in Jamaica. The Committee noted that a National Task Force Against Trafficking in Persons (NATFATIP) is responsible for the implementation of the plan of action. The Committee finally observed that the number of reported cases of child trafficking appeared to be significantly higher than the total number of cases of trafficking that were investigated.

The Committee takes note of the National Plan of Action for Combating Trafficking in Persons 2012–15 attached with the Government’s report. The Committee also notes the Government’s statement that the Trafficking in Persons Act 2009 was amended in 2013, and prescribes aggravating circumstances and stiffer penalties when the victim of trafficking is a child, under section 4A(2)(l). The Government further reports that 35 investigations have been initiated, five persons arrested and two new prosecutions carried out. It also indicates that prosecutors, investigators, judges, labour inspectors, social workers and other public officials received training on trafficking in persons. In addition, 76 police officers attached to the Organized Crime Investigations Division (OCID) were also sensitized as well as line operators of the Office of the Children’s Registry. Moreover, the Jamaica Constabulary Force developed Standard Operating Procedures for human trafficking and the Passport, Immigration and Citizenship Agency (PICA) has been sensitized to the distinction of treatment for victims of trafficking. The Committee takes note of the awareness-raising measures taken by the Government to prevent trafficking. In this regard, the Government states that the NATFATIP has entered into an agreement with the Jamaica Information Service, the Media and Public Relations Branch of the Government in order to provide a range of mass media public education content. While taking due note of these measures, the Committee observes that, according to its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 62), the Committee on the Rights of the Child notes that the State party is a source, transit, and destination country for adults and children subjected to sex trafficking and forced labour and is concerned about reports of children being coerced to engage in commercial sex, including sex tourism, in the State party. The Committee, therefore, requests the Government to continue to take measures to ensure, in practice, the protection of children from trafficking and commercial sexual exploitation. It requests the Government to ensure that thorough investigations and robust prosecutions of perpetrators of the trafficking and commercial sexual exploitation of children are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It asks the Government to provide information on the measures taken in this respect, including through the implementation of the National Plan of Action for Combating Trafficking in Persons by the NATFATIP, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. Following its previous comments, the Committee notes that the National Plan of Action for Combating Trafficking in Persons provides for the establishment of mechanisms for the protection and care of victims with a focus on rescue, removal and reintegration. The Committee notes the information in the Government’s report that a shelter is now functional for women and child victims of trafficking in accordance with the shelter guidelines approved by the Cabinet, where victims are provided with health services, social work aid, psychosocial care and training. The Government indicates that out of eight victims identified, one was a child, who was taken care of by the Child Development Agency (CDA) and states that the shelter currently houses one victim. Noting the very limited number of child victims being assisted, the Committee requests the Government to intensify its efforts to take effective and time-bound measures to ensure the provision of appropriate services, including legal, psychological and medical services, to child victims of trafficking and commercial sexual exploitation, including child sex tourism, to facilitate their rehabilitation and social integration. It requests the Government to continue to provide information on measures taken in this regard, including the number of children reached through these initiatives.

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