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

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s indication that the Charter of Rights provides that every child who is a citizen of Jamaica shall have access to education by way of publicly funded tuition in public educational institutions at the pre-primary and primary levels. The Committee observed however that, according to UNESCO, the net enrolment rate for primary education has fallen from 89 per cent to 80 per cent between 1999 and 2008, and that the number of out-of-school children of primary school age had risen from 34,000 to 66,000 children.

The Committee notes the Government’s information in its report that the PATH Programme – a social safety net programme targeting vulnerable households by providing financial assistance with a clause of school attendance – has registered 381,436 beneficiaries as of the end of June 2015, including 165,853 students. The Government indicates that a Draft Special Education Policy is in place, along with procedural manuals and training plans. The Committee observes that in the UNESCO report on Jamaica entitled Education for all 2015 national review, the Government took several policies or programmes to support access to primary education, including school feeding programmes and Special education units attached to strategically located primary schools (page 11). The Committee notes that, according to UNESCO estimates, the enrolment rate for primary education reached 85.3 per cent in 2013. It notes, however, that, in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 54), the Committee on the Rights of the Child (CRC) is concerned about the insufficient access to education by children of low-income families, and by the number of students, especially boys, who drop out of school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free basic education, taking into account the special situation of boys from low-income families. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with respect to increasing school enrolment rates and reducing the overall number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. 1. Street children. In its previous comments, the Committee noted the results of a study commissioned by the Child Development Agency (CDA), which revealed that there were approximately 6,500 street children, the majority of whom were males aged 6–17 years who were particularly vulnerable to being engaged in trafficking and illicit activities.

The Committee notes the Government’s indication in its report that the Ministry of Youth and Culture, now operating with the Children Affairs Division met as a small technical working group to develop a plan of action to address the plight of street and working children. The plan of action will include data collection in the form of dipstick surveys conducted throughout the whole island. The Government also indicates that the Possibility programme continues to provide support to children living and working on the streets through the Care centre, the skills training and employment centre, the re-socialization camp and the Possibility hostel. It also operates as a Residential Childcare Facility (RCCF). The Government mentions that the programme expanded its focus to include not only boys working in the streets but also with other vulnerabilities, which resulted in a decrease of the number of boys in the streets. In 2014, the programme assisted 58 boys, including 28 through the Care centre, 13 through the skills centre, seven through the Jamaica Defence Force partnership and ten were resident at the hostel. While taking due note of these measures, the Committee observes that, in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 60), the CRC reiterates its concern about children in street situations and issues relating to this phenomenon, such as sexual exploitation. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect street children from these worst forms, and to continue to take measures to provide for their rehabilitation and reintegration. The Committee requests the Government to continue providing information on the effective and time-bound measures taken in this regard, and on the number of street children who have benefited from such initiatives. Lastly, the Committee encourages the Government to pursue its efforts to ensure that data collection on street children will be conducted, and to provide this information when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the information from UNICEF that HIV/AIDS is one of the contributing factors to the growing number of vulnerable or at-risk children in Jamaica.

The Committee notes the Government’s indication that a report entitled Situation analysis on the psychosocial needs of orphans and children made vulnerable (OVCs) by HIV/AIDS: Jamaica was conducted by World Learning in 2013. The Government states that the report reveals limited psychosocial and general care responses from the Government to OVCs by HIV/AIDS. According to the study, 21 per cent of the respondents reported having frequent absences from school. The study recommended a sustainable approach to strengthen the institutional capacity of the Government to address the gaps. It called for different measures including the development of a National Plan of Action for OVCs in Jamaica, access to education, provision of psychosocial support, social protection, health and nutrition through feeding programmes and development of income generating initiatives. The study also stated that, according to UNICEF, it was estimated that 20,000 OVCs by HIV/AIDS live in Jamaica. The Committee further notes that, according to the UNAIDS country progress report of 2014, there was limited strategic efforts around orphans and children made vulnerable by HIV/AIDS in Jamaica and there was a need for a multisectoral response to address the needs of OVCs by HIV/AIDS. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It requests the Government to provide information on the particular measures taken in this regard.