Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Minimum Age Convention, 1973 (No. 138) - Saint Kitts and Nevis (Ratification: 2005)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance, 1966 (sections 3(f)–(g)), and the Employment of Women, Young Persons and Children Act, 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted the Government’s indication that a consultative process to enact a labour code for Saint Kitts and Nevis was under way.

The Committee notes the Government’s information that the draft Labour Code is currently undergoing tripartite consultation and is expected to be enacted by the Parliament by the first quarter of 2014. It also notes the Government’s indication that the tripartite constituents have agreed to the establishment of a National Advisory Committee for the Elimination of Hazardous Child Labour which will determine the types of work deemed to be hazardous for young persons under the age of 18 years. The Committee requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. It also expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention.

The Committee notes the Government’s indication that this issue is being considered during the ongoing consultations on the draft Labour Code. The Committee expresses the firm hope that the draft Labour Code will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. It requests the Government to provide information on the progress made in this regard.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted that, pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. It therefore requested the Government to indicate whether it intended to exclude work in family undertakings from the application of the Convention, pursuant to Article 4 of the Convention.

The Committee notes the Government’s intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. In this regard, the Committee recalls that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requests the Government to provide information on the consultations held with the social partners, with regard to the exclusion of family undertakings from the application of the Convention, in accordance with Article 4(1) of the Convention.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)). The Committee requested the Government to take the necessary measures, without delay, to bring the national law into conformity with the Convention by permitting only children of 13 years of age to be employed in light work.

The Committee notes the absence of information in the Government’s report on this point. The Committee recalls that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to children of 13 years of age, provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee requests the Government to take the necessary measures to ensure that, under the draft Labour Code, the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7(1). It requests the Government to provide information on the progress made in this regard.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code.

The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report. The Committee requests the Government to take the necessary measures to ensure the revision of appropriate fines prescribed for the violation of child labour provisions, in the near future. It expresses the firm hope that the Government will be able to provide information on any progress made in this regard in its next report.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s information that the tripartite constituents are taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age. The Committee expresses the firm hope that the draft Labour Code will contain provisions requiring the employers to keep a register indicating the names, ages and dates of birth of persons employed by them or working for them and who are less than 18 years of age. It requests the Government to provide information on any progress made in this regard.

Application of the Convention in practice. The Committee previously noted the Government’s indication that the data regarding the number of children and young persons involved in economic activities in Saint Kitts and Nevis would be made available after the completion of the 2011 National Census.

The Committee notes the Government’s information that the data collected during the 2011 National Census is currently being analysed and will be available during the first quarter of 2014. The Government further indicates that the Ministry of Sustainable Development and the Statistical Unit are currently undertaking a Labour Force Survey, which will be completed by 2014. The Committee hopes that the Labour Force Survey will be completed soon and requests the Government to communicate its results, as soon as they are finalized. It also requests the Government to provide information on the statistical data collected during the 2011 National Census with regard to the number of children and young persons involved in economic activities in Saint Kitts and Nevis, along with its next report.