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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Barbados (Ratification: 2000)

Other comments on C138

Replies received to the issues raised in a direct request which do not give rise to further comments
  1. 2019

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The Committee notes with regret 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 initially made in 2015.
Repetition
Article 1 of the Convention. National policy. The Committee previously noted that the National Child Labour Committee (NCLC) engages in educational and research projects on child labour. The Committee also noted the Government’s statement that the Minister of Labour approved the Roadmap 2016, which identifies strategies to help in the elimination of child labour.
The Committee notes the Government’s indication that the NCLC is currently not active. It further notes that the Government’s report does not provide information on the implementation of the Roadmap 2016. The Committee finally observes that, according to the Multiple Indicator Cluster Survey 2012, 2.3 per cent of children aged 5 to 14 are involved in child labour. The Committee once again requests the Government to provide information on the measures taken, within the framework of the Roadmap 2016, to combat child labour, and on the results achieved.
Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 3(2) of the Convention. The Committee also noted the Government’s indication that a list of the types of hazardous work prohibited to young persons had been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the elaboration of this list. The Committee further noted the Barbados Workers Union’s observations that discussions should begin on the types of hazardous work prohibited for children under 18 years of age. The Committee noted the Government’s statement that the types of hazardous work prohibited to persons under 18 are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observed that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18. The Committee finally noted the Government’s indication that new legislation regarding safety and health at work was being prepared.
The Committee notes the Government’s statement in its report that the formulation of a list of types of hazardous work prohibited to persons under 18 is being considered. The Committee further notes that, with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Safety and Health at Work Act (SHAW) 2005 entered into force in January 2013 and that draft regulations under the provisions of the SHAW have been forwarded for comments to the representative employers’ and workers’ organizations. Noting with concern that the Committee has been referring to the list since 2006, the Committee urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned. It requests the Government to indicate if this list will be included in the draft regulations under the provisions of the SHAW.
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