Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 3 of the Convention. Worst forms of child labour 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 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 that in practice, children, particularly boys are used as drug couriers and dealers. The Committee urged 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.

The Committee notes the Government’s information that the Jamaica Constabulary Force, in collaboration with the Child Protection and Family Services Agency are responsible for investigating cases involving children for illicit activities. In this regard, the Committee notes that according to section 4(1) of the Criminal Justice (Suppression of Criminal Organizations) Act, 2014 any person recruiting (the definition of recruiting, under section 2, includes counsel, procure, solicit, incite, coerce or induce) a child under the age of 18 years to be part of a criminal organization shall be punished involving imprisonment for not more than 20 years (Second schedule of the Act). It further notes that the Dangerous Drugs Act, 1948, as amended up to 2014 prohibits, the manufacture, sale, possession, import and export of dangerous drugs (sections 3, 7, 7A, 7B, 8, and 15). The Committee requests the Government to provide information on the application in practice of section 4(1) of the Criminal Justice (Suppressions of Criminal Organizations) Act in relation to the using or procuring of children for drug-related offences contained in the Dangerous Drugs Act.

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 various policies and programmes that support access to primary education including, the Programme of Advancement Through Health and Education (PATH); school feeding programmes and establishment of special education units to strategically located primary schools. Noting the concerns raised by the Committee on the Rights of the Child (CRC), in its concluding observations of 2015 (CRC/C/JAM/CO/3-4, paragraph 54), 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, the Committee requested the Government to strengthen its efforts to facilitate access to free basic education, in particular of boys from low-income families.

The Committee notes the detailed information provided by the Government in its report concerning the various initiatives undertaken within the framework of the PATH to increase access to basic education. These measures include: (i) introduction of free access to public transportation to attend school; (ii) provision of meals increased from three to five days, (iii) provision of free uniform, book vouchers and free rental of books; (iv) payment of insurance for students; and (v) payment of bi-monthly cash grants to student beneficiaries from 6 years of age up to secondary level education who acquire 85 per cent of school attendance and a reduced cash grant for those who are not compliant with the 85 per cent school attendance requirement. In addition, in order to achieve increased attendance and improved academic performance by students, the PATH implemented a public education campaign entitled “School Days Count” to encourage and mobilise students with low attendance rates; and provided updated information to educate stakeholders within schools as well as student beneficiaries and their parents of their responsibilities in complying with the 85 per cent school attendance requirement. It also notes the Government’s indication that the Ministry of Education, Youth and Information (MEUI), in partnership with the Commonwealth Secretariat, has embarked on a special programme to improve the participation of boys in education. Subsequently, 12,000 boys were impacted within Phase I of this programme through collaboration with teachers, principals, private sector organizations, parents and other community members. Phase II of this programme, “Collaborate to Educate Our Sons” has been initiated which focuses on mentorship of boys in difficult socio-economic circumstances.

The Committee further notes from an ILO publication entitled Child Labour and Youth Decent Work Deficit in Jamaica, 2018 that the Government initiated the National Education Strategic Plan (NESP 2011–2020); Safe Schools Policy and the National Play Policy aiming at addressing security issues and making schools more child-friendly; the National School Feeding Policy; the Early Childhood Development Project; and the National Policy for Reintegration of School-age Mothers in the Formal School System in order to provide access to quality education. This report indicates that within the School Feeding Programme, over 130,000 students were provided meals during the year 2016–17. In this regard, the Committee notes from the Jamaica Youth Activity Survey Report of 2016, that 97.5 per cent of children between the ages of 5 to 17 years attend school. The number of children in this age group that never attended school amounted to 2,393 (less than one percent of the total number of children) while the number of children dropped out of school amounted to 9,833 children (1.5 per cent). The Committee, however, notes from the UNICEF Report on Situation Analysis of Jamaican Children, 2018 that while most of Jamaica’s children have access to publicly funded education, many are affected by poverty and its attendant effects, resulting in less than desired participation, lack of progress, chronic under-performance and, in some cases, even the failure to complete their education. This is particularly evident at the upper secondary level among boys in economically disadvantaged families, and at schools located in lower socio-economic communities in rural and urban areas. Boys living in these communities have a higher propensity to drop out of school and become at-risk. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to facilitate access to free basic education, particularly with respect to increasing school enrolment rates and reducing the drop-out rates of students from lower socio-economic communities, with special attention to boys. It requests the Government to continue to provide information on the measures adopted and the results achieved in this regard. Please disaggregate the data provided by gender and age.

Clause (d). Identify and reach out to children at special risk. 1. Street children. In its previous comments, the Committee noted that the Ministry of Youth and Culture was developing a plan of action to address the plight of street and working children, which will include data collection in the form of dipstick surveys conducted throughout the whole island. It also noted the Possibility Programme which provides support to children living and working on the streets through the Care centre, the skills training and employment centre, the resocialization camp the Possibility hostel as well as a Residential Childcare Facility (RCCF). The Committee encouraged 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 notes the Government’s statement that the issue of children living and working on the streets has been a matter of concern for over a decade. It notes the Government’s information that from 2014 to 2015, the Child Protection and Family Services Agency (CPFSA) conducted seven dipstick surveys in six parishes and the results led to the establishment of Child Protection Committees (CPC) in a number of parishes. The CPCs carried out a series of public education campaigns to address issues such as child labour and sexual exploitation of children living on the streets. The Government further indicates that by the end of March 2018, there were 4,057 children under the care of the CPFSA who were provided with educational facilities through public and private educational programmes. The Committee further notes the Government’s information that the CPFSA is in the process of conducting a study to determine the prevalence and identify the factors which contribute to children living and working on the streets. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee once again 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. It 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 requests the Government to provide information on the findings of the study conducted by CPFSA, when it becomes available.

2. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted that according to UNICEF, it was estimated that 20,000 OVCs by HIV/AIDS live in Jamaica. It also noted from the UNAIDS country progress report of 2014, that there were 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 affected by HIV/AIDS. The Committee therefore urged the Government to take effective and time-bound measures to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from the worst forms of child labour.

The Committee notes the Government’s statement that it has explicitly recognised that the impact of the HIV disease on orphaned children is significant and that an estimated more than 13,000 children have been orphaned or are vulnerable due to this disease. The Government indicates that the civil society and public agencies have pursued collaborative efforts to provide a safe environment for OVCs by making schools supportive of OVCs. Moreover, the MEYI maintains its Host School Programme which provides for placement in educational institutions for OVCs who may have experienced stigma issues in school. In addition, some OVCs benefit from the government/residential care facilities, school feeding programmes, tuition and other educational grants. The Government further states that investments are being made on OVCs services and that steps to qualify the OVC population as a special condition for social protection assistance is ongoing. Moreover, the Government states that the revised HIV policy includes actions towards mitigating the socio-economic impact of HIV on orphans and vulnerable children. 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, including information on the adoption and implementation of the social protection assistance for OVCs and the HIV policy.