Observation (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 (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the various provisions under the Sexual Offences Act which criminalize sexual offences against children, including: section 18(1)(a) which prohibits procuring a child under the age of 18 years for prostitution; and section 10(1) which prohibits any sexual relations with persons under the age of 16 years. The former offence entails a maximum penalty of imprisonment for 15 years and fine and the latter a penalty of life imprisonment. However, the Committee observed that there appeared to be no provision criminalizing the use of a child by a client for prostitution and requested the Government to take the necessary measures to enact provisions prohibiting such offences.

The Committee notes the Government’s reference, in its report, to section 39 of the Child Care and Protection Act (CCPA), 2004, which provides for penalties to any person who employs a child under the age of 18 years in a night club or in any manner, uses a child for purposes contrary to decency or morality. Persons committing such offences shall be liable to a fine not exceeding 1 million Jamaican dollars (US$7,128) or one year imprisonment and revocation of the licence to operate the nightclub. The Government also indicates that the amendments to the CCPA will explicitly address children being used for prostitution. In this regard, the Committee notes that according to the 2018 Report of the National Rapporteur on Trafficking in Persons (2018 Report on TIP), girls are victims of recruitment strategy by traffickers and are exploited in clubs, bars, massage parlours and hotspots for prostitution. Recalling that Article 3(b) of the Convention prohibits the use of a child under 18 years of age for prostitution, the Committee expresses the firm hope that the amendments to the CCPA will contain a prohibition on the use of a child under 18 years of age for the purpose of prostitution, in accordance with the Convention and that these amendments will be adopted without delay. It requests the Government to provide information on any progress made in this regard. The Committee further requests the Government to provide information on the application in practice of section 39 of the CCPA, as regards the number of persons prosecuted for the offences related to the sexual exploitation of girls employed in bars and nightclubs, and the convictions and penalties applied.

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).

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 the establishment of the National Task Force Against Trafficking in Persons (NATFATIP) for the effective implementation of the National Plan of Action for Combating Trafficking in Persons; various awareness-raising measures taken to prevent trafficking as well as trainings and sensitization programmes provided to prosecutors, investigators, judges, labour inspectors, social workers and other public officials on trafficking in persons; and the amendments made to the Trafficking in Persons Act (TIP Act) 2009 thereby prescribing aggravating circumstances and stiffer penalties for trafficking of children under section 4A(2)(l). The Committee requested the Government to continue to take measures to ensure, in practice, the protection of children from trafficking and commercial sexual exploitation.

The Committee notes the Government’s information that the CCPA was amended in March 2018 in order to increase the penalties of imprisonment for the offences of sale and trafficking of children to 20 years so as to reconcile these with the penalties established under the TIP Act. It notes that from 2015 to 2018, a total of five convictions for trafficking in persons were secured, of which three convictions were made against persons charged with trafficking of children under the age of 18 years. These convicted persons were sentenced to imprisonment from four to 16 years.

The Committee also notes the following information provided by the Government on the measures taken by the NATFATIP to combat trafficking in persons (TIP):

• -several awareness-raising activities to provide information and sensitize the public on the common indicators of TIP and on how to prevent TIP and to identify victims of trafficking were undertaken. According to the 2018 Report TIP, 17,000 students, teachers, government officials and community members were sensitized through these initiatives;
• -a curriculum on TIP has been developed and introduced in primary and secondary schools; and
• -the Anti-Trafficking in Persons and Intellectual Property Vice Squad (A-TIP squad) conducted 78 training sessions and seminars, from 2017 to 2018, for prosecutors, judges, border control personnel and other law enforcement representatives on how to effectively identify and respond to trafficking in persons cases. The 2018 Report on TIP indicates that of the 76 victims of trafficking rescued until January 2018, over 50 per cent were children with the majority being boys who were victims of labour exploitation.

The Committee also notes the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), that a Child Protection Compact (CPC), a multi-year plan partnership aimed at reducing child trafficking by building effective systems of justice, child protection, prevention of abuse and exploitation of children was signed with the United States and officially launched on 14th February 2019. The Committee, however, notes that according to the 2018 Report on TIP, the occurrence of child trafficking is far greater in Jamaica than what has been reported. While noting the measures taken by the Government, the Committee encourages it to strengthen its efforts to ensure the protection of children from trafficking and commercial sexual exploitation, including through the activities undertaken by NATFATIP and the measures taken within the Child Protection Compact. It also requests the Government to continue to ensure that thorough investigations and 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. Furthermore, the Committee requests the Government to continue to provide information on the measures taken in this respect and on the results achieved, including the number and nature of prosecutions and penalties imposed for the offences related to the trafficking and commercial sexual exploitation of children.

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. The Committee previously noted 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. Noting that a very limited number of child victims were provided assistance, the Committee requested the Government to intensify its efforts to take effective and time-bound measures to ensure appropriate services to child victims of trafficking and commercial sexual exploitation, including child sex tourism, and to facilitate their rehabilitation and social integration.

The Committee notes from the Government’s report that a Victim Protection Protocol was established by the NATFATIP to deliver guidelines for the care and protection of victims of trafficking. The Government also indicates that a Draft Protocol to guide Child Welfare Officials in handling victims of trafficking was prepared to guide officers of the Child Protection and Family Services Agency. It notes the Government’s information that Shelter Guidelines and Standard Operating Procedures (SOP) were developed and that over 400 healthcare workers and over 30 labour officers and inspectors were provided training on the SOP in 2018. The Committee also notes the information provided by the Government on the support services provided for victims, including provision of shelter, food, clothing, transportation and primary healthcare; psychosocial support, counselling services and therapeutic intervention; legal services, immigration and travel assistance; access to education; and provision of welfare assistance. The Government further indicates that from 2015 to 2018, 11 victims were placed in shelters and five victims were repatriated. The Committee once again requests the Government to intensify its efforts, including within the framework of the National Action Plan for Combating Trafficking in Persons, to prevent children from falling victims to trafficking and commercial sexual exploitation and to provide for their removal from such situations and subsequent rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved in terms of the number of children reached through such measures.

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